Travel Terms and Conditions

Applicability.
- By booking a tour (the “Trip”) with Bluedot, Inc., a Delaware corporation (d/b/a Bluedot Living Travel) (“Bluedot”), you (on behalf of yourself and any other member of your traveling party, “Guest”) agree to these terms and conditions (these “Terms”).
- These Terms, together with any special conditions related to the Trip which may be communicated to you from time to time by Bluedotand the Booking Confirmation (as defined below), comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements and communications, both written and oral. In the event of any conflict between these Terms and the Booking Confirmation, these Terms shall govern, unless the Booking Confirmation expressly states that the terms and conditions of the Booking Confirmation shall control.
Services.
- Scope of Bluedot Services. Subject to any necessary modifications or cancellation pursuant to Section 16 hereof, Bluedot shall administer to Guest the itinerary (the “Itinerary”) set forth in the confirmation of booking (the “Booking Confirmation”) in accordance with these Terms. The Trip shall be attended by at least two (2) representatives of Bluedot (each, a “Guide”), who shall help facilitate administration of the Itinerary.
- Third Party Service Providers. Bluedot may license or engage third-party service providers (each, together with its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns, a “Third Party Service Provider”) to provide Guest with some or all of the components of the Trip, including, but not limited to, accommodations, activities, travel (including via airline travel, cruise lines, coach lines, or otherwise), excursions, local tours and other independent activities. Third Party Service Providers are solely responsible and liable for providing their respective services and Bluedot is not responsible for any delay, mishap, inconvenience, expense, irregularity, bodily injury, illness, emotional distress, death, or loss to property occasioned by or through the conduct or omission of a Third Party Service Provider, each of which is subject to the laws of the state where the services are provided. Any services provided by Third Party Service Providers are subject to the terms and conditions imposed by these Third Party Service Providers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services.
- Independent Activities. If Guest participates in any activity or excursion that is not arranged or led by Bluedot, Bluedot shall not have any responsibility for or control over Guest’s safety or wellbeing, which will be solely Guest’s responsibility.
Assumption of Risk.
- Waiver. Guest acknowledges that the Trip may involve a significant amount of risk to Guest’s health and safety. By traveling with Bluedot, Guest acknowledges that Guest has (i) considered any potential risks to health and safety (including assessing any personal risk to Guest as set forth in clause (b) hereof) and (ii) agreed to comply with all laws, regulations and Bluedot policies as set forth in clause (c) hereof) (together with clause (i), the “Assumed Risks and Responsibilities”). Guest hereby assumes responsibility for such Assumed Risks and Responsibilities and releases Bluedot from all claims and causes of action arising from any losses, damages or injuries or death resulting from the Assumed Risks and Responsibilities, including, for the avoidance of doubt, risks inherent in travel and participating in adventurous activities such as those included in the Itinerary or otherwise offered by Bluedot. As a condition to participating in the Trip, Bluedot requires that Guest (including, for the avoidance of doubt, each member of Guest’s traveling party) confirms their assumption of these Assumed Risks and Responsibilities by completing a Participation Waiver (the “Waiver”) prior to departing on the Trip. The Waiver is available at [hyperlink to be provided].
- Personal Assessment of Risk. Guest acknowledges that the degree and nature of personal risk involved depends on the Trip booked and the location(s) in which the Trip takes place, and that there may be a significant degree of personal risk involved in participating in the Trip, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain regions where the Trip takes place can be lower than the standards Guest may reasonably expect in Guest’s home residence. Guest agrees that Bluedot is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where the Trip is operated. Guest acknowledges he or she has considered the potential risks, dangers and challenges and Guest’s own personal capabilities and need (including, for the avoidance of doubt, the personal capabilities of each member of Guest’s traveling party), and Guest expressly assumes the risks associated with travel under such conditions.
  - Compliance with Laws & Bluedot Policies.
    - Compliance with Laws. Guest must at all times strictly comply with all laws and regulations applicable to the region the Trip takes place. If Guest fails to comply with the preceding sentence, commit any illegal act when on the Trip or, in the opinion of a Guide, Guest’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Bluedot may terminate Guest’s Trip immediately at Guest’s expense and without any liability to Bluedot. Notwithstanding anything to the contrary in Section 16, Guest will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of the Trip, including, without limitation, return travel, accommodations, meals, and incidentals.
      - Compliance with Bluedot Policies. Guest must at all times comply with all Bluedot policies, rules and procedures as they may be established, stated and/or modified from time to time at Bluedot’s sole discretion. Guest must at all times exhibit Bluedot’s standards of integrity, honesty, dignity and respect for others (including, but not limited to, respect for each of the Guides).
Limitation of Liability. IN NO EVENT SHALL BLUEDOT BE LIABLE TO GUEST OR ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER (I) SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT BLUEDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Medical Treatment. Guest permits Bluedot representatives (including, without limitation, the Guides) to secure medical treatment in the event of Guest’s illness, injury or other medical emergency during the Trip, if, in the opinion of such person, such treatment is necessary to prevent death, permanent disability or prolonged suffering. Any costs incurred in connection with such treatment will be the responsibility of Guest and Guest hereby indemnifies Bluedot, its affiliates, successors, assigns, directors, officers, employees, representatives, and agents (including the Guides) for any and all damages, losses, costs, claims or expenses associated therewith.
Minors. Any member of Guest’s traveling party under the age of eighteen (18) on the first day of the Trip is considered to be a minor. Minors must always be accompanied by a parent or guardian. Each parent and/or guardian in a traveling party with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Bluedot does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s). If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents and documentation and ensuring that they and the minor(s) meet all legal requirements to travel and to enter into and depart from applicable regions. Bluedot will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Alcohol. Except as may otherwise be agreed by Bluedot in advance of the Trip, Guests are prohibited from bringing personal alcohol on the Trip. Each member of Guest’s traveling party must be at least twenty-one (21) years of age to purchase or consume alcohol at any point on the Trip. Guest agrees that it will not permit the consumption of alcoholic beverages on the trip by any member of Guest’s traveling party under twenty-one (21) years of age. Guest shall hold harmless and indemnify Bluedot for all damages related to consumption of alcoholic beverages of any member of their traveling party.
Other Prohibited Items & Activities. To ensure a safe and enjoyable Trip for all guests, the use of firearms, ammunition, knives, weapons of any kind and/or any illegal substances are prohibited at all times during the Trip. Notwithstanding anything to the contrary provided in any Third Party Service Provider policy, the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is allowed only in designated outdoor smoking areas. Guest shall refrain from engaging in any unsafe or unauthorized act that may interfere with other guests’ enjoyment of the Trip or impede Bluedot and/or a Guide’s ability to conduct the Trip.
Health, Safety & Other Special Conditions.
- Representation of Health & Safety.
  - By booking the Trip, Guest represents and certifies that he or she and all members of Guest’s traveling party: (i) have carefully read the details of the Itinerary and selected an Itinerary that is appropriate for each person’s abilities; (ii) do not have any impairment or disability which might present a safety risk during the Trip or any of the activities set forth in the Itinerary (in each case, an “Activity”); (iii) have consulted with a personal physician as appropriate; and (iv) will immediately advise Bluedot if anyone in the travel party is unable to meet the safety requirements that are necessary for the safe operation of the Trip or any Activity. If Guest’s circumstances change between the date of the Booking Confirmation and the Trip’s departure, Guest must inform Bluedot as soon as possible and advise Bluedot of any special requests.
    - Bluedot reserves the right to cancel, terminate, discontinue, or modify any booking, Trip, Itinerary or Activity, at any time if Guest cannot meet the safety requirements that are necessary for safe operation or fails to obey signage, instructions, protocols, or rules. Bluedot further reserves the right to: (i) immediately terminate the Trip or Activity if Guest is disruptive or otherwise adversely impacts the experience for others, without any refund to Guest; and (ii) make changes to the Itinerary or any Activity as appropriate for safety, security, comfort, or convenience, without liability or notice. Bluedot may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
    - Pregnancy. Pregnancy is considered a medical condition. Pregnant women may not be permitted to participate in certain Activities. For these select Activities, neither a physician’s medical statement nor a waiver of liability will be accepted by Bluedot. Bluedot cannot be held responsible or liable for any complications relating to pregnancy at any stage. If a member of Guest’s traveling party is pregnant, such member is strongly encouraged to consult with her personal physician before booking the Trip.
    - Other Special Conditions. Any special requirements of a Guest, including, but not limited to the use of a wheelchair or a qualified service animal, must be disclosed to Bluedot at the time of booking. Bluedot will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside the planned Itinerary. Certain activities may be inaccessible to a member of Guest’s traveling party if such member’s mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Bluedot at the time of booking, but Bluedot cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms and Bluedot is not liable for any failure to accommodate or fulfill such requests. If any special need or condition arises after Guest has booked a Trip, such Guest is required to report it in writing to Bluedot as soon as they become aware of it. Bluedot understands a qualified service animal to be any dog that is trained to do work or perform tasks for an individual with a disability. Guest agrees that they will be solely responsible for any and all damage and/or loss caused by qualified service animals. Guest agrees that Bluedot is not responsible for the care and feeding of Guest’s service animal. Many destinations have strict entry requirements for animals. Guests must ensure that their service animal complies with all requirements of each destination on the Itinerary. Bluedot is not responsible for Guest’s inability to participate in any Activity or other portion of the Trip due to Guest’s failure or inability to comply with any such requirements.
    - Repair, Replacement and Cleaning Fees. Guest is responsible for any costs (including repair, replacement and cleaning fees) incurred by Bluedot for property damage, destruction or theft caused by Guest while on the Trip. Guest agrees to immediately report any pre-existing damage to a Guide as soon as possible upon discovery.
    - Safety Measures. Guest agrees to take all prudent measures in relation to their safety (including, for the avoidance of doubt, the safety of each member of Guest’s traveling party) while on the Trip, including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all Third Party Service Provider requirements and posted signs and oral or written warnings regarding health and safety. None of Bluedot, the Guides nor the Third Party Service Providers are liable for loss or damages caused by Guest’s failure to comply with safety instructions or warnings.
    - Notice of Complaint. Guest agrees to bring any complaints to a Guide or other representative of Bluedot as soon as possible in order to provide Bluedot with the opportunity to properly address such complaint. Bluedot assumes no liability for complaints that are not properly brought to the attention of Bluedot and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of the Trip must be received in writing by Bluedot within ten (10) days of the last day of the Trip in question.
Travel Documentation. It is Guest’s responsibility to obtain information (including, but limited to, travel advisories and warnings) and to have in Guest’s possession all the required documentation and identification required for entry, departure and travel to each destination on the Itinerary. This includes a valid form of government-issued identification and all travel documents required by the relevant governmental authorities, including all visas, permits and certificates (including, but not limited to, vaccination or medical certificates). Guest accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Trip, and Guest is solely responsible for the full amount of costs incurred as a result of missing or defective documentation. Guest agrees that he or she is responsible for the full amount of any loss or expense incurred by Bluedot that is a direct result of Guest’s failure to secure or be in possession of proper travel documentation. Bluedot does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage or special equipment and Guest agrees that Bluedot is not responsible for any errors or omissions in this information.
Travel Insurance. Travel insurance is strongly recommended and is available through multiple independent travel insurance providers. Travel insurance typically provides coverage for Trip cancellation and interruption, baggage protection and delay, travel accidents and delay, and emergency medical and dental services and certain associated transportation. If Guest does not purchase travel insurance, Guest is responsible for any medical expenses, any medical evacuation costs, and any other costs arising during the Trip.
Airfare; Incidental Travel. Trip pricing does not include airfare. Bluedot will not be liable for any airline’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from Guest’s Trip departure city or return city. Any airline tickets issued are subject to the carrier’s refund policy. Baggage and personal effects are at all times the sole responsibility of Guest. Bluedot will provide travel arrangements in accordance with the Itinerary, provided, however, Guest shall be responsible for making all necessary travel arrangements (i) to the Trip’s first destination set forth in the Itinerary (the “First Destination”) and, whether or not such destination is different than the First Destination, (ii) from the Trip’s last destination set forth in the Itinerary, in each case, via train, ferry, taxi, shuttle service or other mode of transportation. If for any reason Guest is unable to arrive to the First Destination by the date and time set forth on the Itinerary, Guest shall promptly contact Bluedot.
Privacy Policy. Bluedot must collect Guest’s personal information to deliver the Trip and administer the Itinerary. Bluedot collects, uses and discloses only that information reasonably required to enable Bluedot and its Third Party Service Providers to administer the particular Trip, Itinerary and Activities, as described in Bluedot’s Privacy Policy, which can be accessed any time at https://bluedotliving.com/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to Bluedot, Guest indicates their acceptance of Bluedot’s Privacy Policy.
Images and Marketing. Guest agrees that while participating in the Trip, images, photos and/or videos (“Images”) may be taken by other participants, Bluedot, a Guide or any other Bluedot representatives that may contain or feature Guest. Guest consents to any such Images being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Bluedot, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to Guest.
Booking The Trip.
- Pricing. All prices are (i) per person based on double occupancy (unless otherwise indicated), (ii) quoted in U.S. dollars, (iii) inclusive of all applicable taxes and fees and (iv) subject to change prior to booking the Trip. The specific inclusions of the Trip are set forth in the Itinerary. Any items not specifically noted are not included in the Trip price. Once Guest has paid the Deposit (as defined below) and Bluedot has issued Guest a Booking Confirmation, Guest’s Trip price is guaranteed, except where price increases may result from increases in government taxes or fees.
- Deposit & Final Payment. A per-person non-refundable deposit in an amount equal to twenty percent (20%) of the advertised Trip price is required at the time of booking to reserve a spot on the Trip. Payment of the balance of the Trip price is due no later than ninety (90) days before the Trip’s advertised departure date (the “Final Payment Due Date”). If the booking is made less than ninety (90) days prior to the Final Payment Due Date, full payment is due at the time of booking. If full payment is not received by the Final Payment Due Date, Bluedot may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. All payments must be made in U.S. dollars.
Cancellations and Refunds.
- Cancellation and/or Modification by Bluedot.
  - Itinerary Modifications. Bluedot reserves the right to curtail or modify the Itinerary, including, but not limited to, curtailment or modification of Activities, hotels, meals and transportation as Bluedot deems necessary. Please also note that during certain holidays and peak periods, or due to repairs or renovations, some accommodations and/or Activities may be disrupted or unavailable. Deviations from the Itinerary or any aspects of the Trip may occur. Bluedot further reserves the right to modify other services to accommodate a smaller group, if a minimum number of guests is not reached. None of these modifications or changes shall affect the Trip price or entitle Guest to any credit or refund except as may otherwise be agreed by Bluedot.
  - Erroneous or Fraudulent Payment. Bluedot reserves the right, in its sole and absolute discretion to cancel or modify a booking in whole or in part, at any time if the booking includes or was made as the result of a mistake or error of any kind, including, but not limited to, (i) a mistake or error in price or description of the Trip or Activity, (ii) where it appears that a Guest has engaged in fraudulent or misleading activity in making the booking or (iii) due to prior disputed or suspected fraudulent payment transactions. If a booking is cancelled by Bluedot, in cases where Bluedot has received a valid and confirmed payment, Bluedot will provide a full refund, and shall have no responsibility beyond the refund of monies paid to Bluedot related to the cancellation by Bluedot.
  - Inadequate Enrollment or Risks to Guest Health & Safety. Bluedot reserves the right to cancel the Trip or any Activity because of inadequate enrollment that makes the Trip or Activity economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of Guest. If Bluedot cancels the Trip prior to departure in accordance with this clause (B) Guest will be provided with a full refund of monies paid to Bluedot.
- Cancellation by Guest. Guest may cancel their booking by notifying Bluedot in writing. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Bluedot and are expressed as a percentage of the total price paid for the cancelled Trip. Refunds will be made in the same form of payment in which payment was originally received. Guest is not entitled to any refund, payment, compensation of any kind or credit for cancellation except as provided in this section or as otherwise provided by law. Guest hereby agrees that losses sustained by Bluedot in the event of a cancellation by Guest would be very difficult or impossible to quantify, and that the fees set forth below represent a fair and reasonable assessment as liquidated damages.
  - Cancellation At Least 90 Days Prior to Departure. Cancellation received ninety (90) days or more before departure of the Trip: the Deposit will be held by Bluedot in accordance with these Terms, provided that, at Guest’s option, Guest may apply the Deposit toward a future tour with Bluedot. The remainder of the payments made to Bluedot in respect of the cancelled booking will be refunded.
  - Cancellation Less Than 90 Days Prior to Departure. Cancellation less than ninety (90) days before departure of the Trip: the Deposit will be held by Bluedot in accordance with these Terms, and no further refund will be payable. Guest may not apply the Deposit toward a future tour with Bluedot.
- Modifications by Guest. Bluedot will make a reasonable effort to accommodate desired changes to Guest’s booking prior to departure; provided, however, Bluedot reserves the right to pass on to Guest any costs (such as from Third Party Service Providers) incurred in so doing. Any substitution of booked Guests requires Bluedot’s prior written approval and may not always be possible. Bluedot may consider a substitution of a booked guest as the cancellation of one guest and the addition of a new guest on a booking and may incur an administrative fee. All requested changes are at Bluedot’s sole discretion and subject to availability.
Environmental Policy. Guest must adhere to Bluedot’s environmental requirements, policies, and practices at all times while on a Trip. Any illegal dumping or pollution of any kind is strictly prohibited and Guest will be strictly liable for any such dumping or pollution. Guest shall also be responsible for any fines or penalties imposed on Bluedot by any Third Party Service Provider or any government, governmental agency or official, or for expenses or losses caused or incurred for Guest’s violation of any environmental policy. Violation of this policy may result in the removal of Guest from the Trip. Any Guest removed from a Trip for violating Bluedot’s environmental policy will be responsible for all financial charges and expenses to return home. Any Guest removed from a Trip for violating Bluedot’s environmental policy will not be permitted to book with Bluedot again.
Personal Belongings. Guest (including, for the avoidance of doubt, each member of Guest’s traveling party) is responsible for the safeguarding of his or her personal belongings. Bluedot is not responsible for any damage to, or loss of, any Guest’s personal belongings incurred during, or as a result of, the Trip.
Miscellaneous.
- Transferability. Trip bookings are non-transferable.
- Relationship of the Parties. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between Bluedot and Guest, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
- Arbitration; Choice of Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of law principles of such state or any other jurisdiction. Any controversy or claim arising out of these Terms shall be filed with and settled by final and binding arbitration in accordance with the then-current arbitration procedures of JAMS. The arbitration shall be filed and heard on an expedited basis in Boston, Massachusetts. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted. Judgment upon any award rendered by the arbitrator may be entered in any court with appropriate jurisdiction. Neither this agreement to arbitrate nor any demand for arbitration shall waive or otherwise affect Bluedot’s right to obtain any provisional remedy, including, without limitation, injunctive relief. GUEST UNDERSTANDS AND ACKNOWLEDGES THAT BY SIGNING THESE TERMS, GUEST IS GIVING UP THE RIGHT TO A JURY TRIAL AND TO A TRIAL IN A COURT OF LAW.
- Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Amendment and Modification. These terms are subject to change by Bluedot at any time without prior notice.
- Digital Signature. Guest represents and warrants that Guest has the legal right, power, and authority to agree to these terms of use on behalf of him/herself and each member of Guest’s traveling party. Guest further agrees that clicking on any links presented constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”). Guest further acknowledges and agrees that these Terms form an electronic record for purposes of E-Sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable.

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