New York City

Terms and Conditions

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THE LOCAL FOREIGNER, LLC

CLIENT / PARTICIPANT CONTRACT, RELEASE OF LIABILITY AND TERMS & CONDITIONS

This Client/Participant Contract (the “Agreement”) is legally binding. This Agreement must be agreed to by all clients (each a “Client” and collectively the “Clients”) and participants (collectively with Client(s), the “Participants” or each, a “Participant”) of travel or trips curated by The Local Foreigner, LLC (“TLF”) or for which TLF provided any Trip Planning Services (as defined hereinbelow). Parents/Guardians are required to agree to and execute this agreement on behalf of any/all or their minor children (under age 18) who are participating in a trip.

PRICING, PAYMENT AND BILLING

For the purposes of this agreement, TLF’s “Trip Planning Services” include but are not limited to, meetings, telephone calls, research, document preparation and revision, correspondence, planning, suggestions, responses to Client’s trip requests and changes and all work pertaining to same, and all other work related to a Client’s trip.  It is agreed that you, the Client, will compensate TLF in a timely manner based on the fee structure provided in this Agreement for TLF’s Trip Planning Services, for all time devoted to your trip(s) and at the current hourly rates of TLF’s personnel and staff performing the Trip Planning Services for each trip. Hourly rates vary among TLF’s personnel and staff and the current hourly rates of TLF’s personnel and staff are set forth in Table 1. TLF’s rates may change from time-to-time. TLF will advise Client prior to any rate changes. Client understands and agrees that TLF cannot guarantee the total amount of fees that will be incurred with respect to Trip Planning Services on behalf of Client for any trip and any estimates discussed are not binding on TLF. Any TLF personnel may work on any trip as determined by TLF to provide the Trip Planning Services for such trip. TLF attempts to provide the Trip Planning Services by engaging the person or persons with the most suitable experience and seniority level for the respective trip. TLF shall engage TLF personnel on each trip that TLF believes is appropriate for providing the Trip Planning Services. If any Participant ever has any questions about staffing or performance of the TLF personnel on a trip, please notify TLF immediately. TLF’s preferred method of payment for Trip Planning Services is via an Automated Clearing House (ACH) transaction.  Client agrees to provide TLF with all required information necessary to process the ACH transaction. The ACH Payment Authorization can be found in Exhibit I of this agreement.  Alternatively, you may choose to pay by credit card. The Credit Card Authorization form can be found in Exhibit II of this agreement.  Credit card payments incur a 3.5% convenience fee. Payments will be processes within 14 days of the delivery of the invoice. 

By signing this Agreement, Client acknowledges and agrees the hourly rates charged by TLF may increase over time as advised by TLF to Client in advance and Client thereafter agrees to pay the hourly rates in effect when Trip Planning Services are rendered in a timely manner as provided for herein. 

Personnel: Hourly Rate:

Partner $350/$450*

Consultant $250/$350*

Associate $200/$300*

Coordinator $150/$250*

*Regular rate is for work performed during the hours of 8:00 am-8:00 pm. After-Hours rate is for work performed during after-hours, weekends, holidays, and on inquiries or changes to existing itineraries received 6 weeks before departure.

TLF reserves the right to require a non-refundable retainer for certain trips. Such retainer must be paid to TLF before TLF begins providing the Trip Planning Services on your trip and prepares and provides an initial trip proposal. The retainer is NOT meant to estimate what it will cost for TLF to provide the Trip Planning Services and to plan your trip. After TLF is hired by execution of this Agreement by Client, at the end of each month, TLF will issue an invoice to Client, which Client agrees to pay in a timely manner (but in any event no later than 7 days after receipt of same; failure to so pay may result in TLF ceasing to provide Trip Planning Services). The retainer shall be applied to the first invoice(s) and, thereafter, you agree to and shall pay all additional balances due as provided on each invoice in a timely manner; failure by Client to pay any outstanding invoice amounts due in a timely manner may result in interest being charged to Client of 1.5% per month, compounded monthly, until all amounts including interest are paid in full. 

As stated above, an invoice for Trip Planning Services and associated fees/costs incurred will be emailed to the Client (to the email address of record) on a monthly basis. Please review the invoice carefully and contact TLF if you have any questions about such invoice. TLF will process the ACH payment fourteen days following delivery of the invoice. If payment on an outstanding invoice is not received timely, TLF reserves the right to release your reservations and cancel your trip, but which action(s), for the avoidance of doubt, shall not release Client from any outstanding amounts owed to TLF.  Client shall be responsible for all fees and charges related to such non-payment.  Any misunderstandings or disputes by Client relating to any TLF invoice must be raised immediately with TLF. If Client does not raise any such misunderstanding, objections, or disputes to TLF within seven (7) days of receipt, Client will be deemed to have accepted the invoice as accurate. If client paid via credit card, Client’s credit card on file will be charged within 14 days following the delivery of the invoice. TLF at all times reserves the right to cease providing Trip Planning Services on any trip until any and all outstanding balances are brought to zero ($0) and failure or refusal to pay TLF invoices on a timely basis will constitute grounds for our immediate termination of this Agreement, but shall in no instance serve to release Client from his or her ongoing payment obligations to TLF.  If TLF seeks payment on unpaid amounts owed by Client, Client hereby agrees to and shall indemnify TLF for all costs and expenses incurred by TLF with respect to same (including reasonable attorneys’ fees and costs). 

In certain cases, when paying by credit card, you may choose ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. The Local Foreigner retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback, in which case the cancellation charges as set out below would apply. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims: 

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used. 

  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud. 

  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description. 

  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of TLF or the Suppliers. 

  • Chargebacks resulting because you do not agree with the cancellation policy. 

SUPPLIER RULES AND RESTRICTIONS

TLF does not provide, own, or control any of the travel services and products that are provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.

TRAVEL SUPPLIER COSTS

In certain cases, Travel Providers that TLF works with will not accept payments directly from Clients. In such cases, Clients must make funds readily available for TLF to provide such payment on Client’s behalf. Such payments may be quoted in local currencies and TLF shall make reasonable efforts to obtain favorable currency exchange rates for the Client.  Client agrees to pay, in timely manner, any such amounts that are due under the foregoing provisions. 

Payment to TLF on account of fees payable to Travel Providers must be made by Client and received by TLF within two business days from the time TLF’s invoice regarding same is provided to Client. In the event Client does not make such payment within such 2-day time period, the rate quote secured by TLF with respect to such Travel Providers may have lapsed and Client must thereafter request for TLF to obtain a new rate quote which, if obtained, will then be effective for two business days after receipt thereof. Sales or other taxes and fees vary based on the location and other specifics of the trip pertaining to such Travel Provider and such taxes and fees shall be disclosed to Client before confirming the booking. Payments for Travel Providers may be made by bank transfer or credit card. In the case of payment by bank transfer a 3.0% discount may be charged to Client. 

CHANGES TO YOUR TRIP

Clients may make changes to their trip, subject to availability of any such requested changes at the time such change request(s) are made, and all applicable amendment and cancellation charges incurred as a result of such change(s). Fees accrued for TLF Travel Planning Services prior to such change request(s) shall be deemed fully earned and new fees will be incurred based on the then-current TLF rates.

PARTICIPANTS WITH DISABILITIES

Participants with disabilities should notify TLF if ADA accessible accommodations are needed.  TLF will make all reasonable efforts to accommodate this request but cannot be responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the guest requiring the accommodation.

CANCELLATIONS BY CLIENT

In the event the Client decides to cancel a trip after it has been booked, TLF will, if requested by Client, assist the Client with such cancellation subject to all applicable restrictions from the Travel Provider for the trip; provided, however, that Client shall be responsible for all applicable cancellation costs, charges or fees. Moreover, TLF may impose a cancellation fee of $500 to Client, it being understood and agreed to by Client that such cancellations may negatively affect TLF’s relationship with third parties associated with the trip. In the event that Client initiates an improper credit card chargeback, TLF reserves its rights to commence legal action against Client and recover of its’ costs and fees in addition to the amount claimed in the chargeback.

CANCELLATION OR RESCHEDULING BY TRAVEL PROVIDER OR OTHER

In the highly unlikely event that one of our Travel Providers chooses to change the departure date, or cancels the trip, we will assist you in making alternate arrangements; however, you will be responsible for additional Travel Provider fees and charges that may apply. TLF will always advocate on your behalf in the event of a Travel Provider cancellation or rescheduling.

PASSPORT, VISAS, AND HEALTH REQUIREMENTS

It is Client/Participants sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete.

Clients/Participants are urged to review advisories or warnings issued by the State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. TLF strongly recommends that Clients and all Participants review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices. TLF bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.

Health: Recommended inoculations for travel may change and Client/Participant should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

REVIEW OF TRAVEL DOCUMENTS

Clients must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from TLF or a third party. Any errors, questions, or concerns should be communicated to TLF immediately.

INSURANCE

It is essential and a condition of booking a trip with TLF, that Client/Participant take out a comprehensive travel insurance policy to cover Client and all Participants of the trip before, during and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. TLF cannot be held responsible for denied entry if a Client/Participant is unable to provide details to authorities of insurance or denial of entry for any reason. TLF shall not be responsible for any costs incurred by Client or any Participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by Client/Participant.

INDEMNIFICATION

Client/Participant agrees to and shall indemnify and hold harmless TLF and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by TLF (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client/Participant’s breach or violation, or threatened breach or violation, of this Agreement (including without limitation the Release) (ii) Client’s failure to obtain any signed Release from a Participant and any damages claimed by such Participant or on such Participant’s behalf against TLF with respect to the trip; and/or (iii) any Client/Participant’s breach or violation, or threatened breach or violation, of the Release signed by such Client/Participant to the extent that such Participant is held not to be responsible for any damages incurred as a result of such breach or violation (real or threatened).

RELEASE FROM LIABILITY

Client/Participant hereby understands, acknowledges, and agrees that The Local Foreigner, LLC, its owners, officers, members, employees, agents, representatives, affiliates and independent contractors (collectively “TLF”) does not own or operate any entity which is to or does provide goods or services for any trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. Client therefore releases and holds harmless TLF, its owners, officers, members, employees, agents, affiliates and independent contractors for any financial failure, insolvency and/or bankruptcy of any supplier, vendor and/or service provider (such as cruise line, airline, tour operator, accommodation provider, etc.), as well as negligent or willful act or failure to act of any such person or entity, or of any other third party, and Client/Participant agrees to and shall not make any claims against TLF for any such actions or omission by TLF or any such third parties. Without limitation, TLF is not responsible for any injury, loss, or damage to any Client/Participant’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, skiing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the reasonable control of TLF. TLF reserves the right to change hotels, the itinerary, or other features of the Trip if TLF believes it will enhance the safety of the Trip for Client and the other Trip participants, but in each case, if feasible, with Client/Participant’s prior consent. 

In the event that the Client/Participant has arranged components of the trip without the assistance of TLF, Client/Participant is fully responsible for any losses, and associated costs, that arise as a result of the action or inaction of the component (for example, failure to arrive at a destination due to a delay or cancellation of a flight). 

ASSUMPTION OF RISK; COVENANT NOT TO SUE

Client/Participant is aware that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Client/Participant’s own negligence and/or the negligence of others, including tour guides, other guests, TLF employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which Client/Participant is not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of TLF or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. 

Client/Participant understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.  In order to partake of the enjoyment and excitement of any trip Client/Participant is willing to accept the risks and uncertainty involved as being an integral part of its adventure. Client/Participant hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of TLF and agree to and shall hold harmless and fully release TLF from any and all claims associated with a trip, including any claims of third party negligence and Client/Participant hereby covenants not to sue TLF for any such claims or join any lawsuit or action that is suing TLF. 

GOVERNING LAW; SUBMISSION TO JURISDICTION

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA, exclusive of conflict or choice of law rules. Client/Participant agrees that unless otherwise mutually agreed by the parties in writing or as otherwise, any Claims shall be brought in a court located in New York County, the State of New York, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

ENTIRE AGREEMENT; SEVERABILITY

This agreement, including any other attachments and exhibits referenced herein, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to TLF. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

KNOWING AND VOLUNTARY EXECUTION

Client/Participant has carefully read this Agreement, and fully understands its contents. Client/Participant are aware that this is a release of liability and a contract between them and TLF and/or its affiliated organizations and Client/Participant knowingly agrees to it of their own free will, without duress.