Terms & Conditions

 

Reservations

Just the Wild encourages you to confirm your space on an expedition as early as possible in order to avoid disappointment and to secure the best airfares. Reservations are confirmed once we receive the initial deposit along with a completed and signed Reservation and Release of Liability Form from each traveler. All prices are quoted in U.S. dollars and must be paid in U.S. dollars. Per person pricing is based on double occupancy. The Solo Rate is paid by participants who specifically request single accommodations and is subject to availability. If you are traveling alone and wish to share accommodations, we will try to match you with a roommate of the same gender. However, if a roommate is not available, the published solo rate will be charged. Upon confirming your reservation you will be required to pay the published Solo Rate, if we are able to pair you with a roommate, the supplement will be refunded at the time that the final trip payment is due for all participants. Please note that solo accommodations are limited and cannot always be guaranteed throughout.

Payments

A percentage of the trip cost, outlined separately for each trip will confirm your place on the expedition.

The final balance is due 180 days prior to departure.

All prices are quoted in U.S. dollars and must be paid in U.S. dollars.

Additional costs associated with your expedition, including but not limited to airfare, private pre- or post-tour travel arrangements, visa fees, and equipment, are subject to their own terms & conditions which will be outlined at time of booking.

Cancellation and Refund Policy

In order to cancel your Just the Wild trip, you must notify us in writing. At the time that written notification is received, the following cancellation penalties will apply:

150 days or more prior to departure: refund minus a $500 administration fee,

Less than 150 days, no refunds.

We highly recommend that all clients purchase Trip Cancellation and Interruption Insurance as coverage against a covered unforeseen emergency that may force you to cancel or leave an expedition while it is in progress. No partial refunds are possible for any unused portion of your trip. In the unfortunate event that you must cancel before departure, refunds will be returned less the cancellation fees outlined above plus any additional non-refundable cancellation fees and payments already advanced to airlines, hotels and local service providers. Failure to deliver complete payment 150 days prior to departure will be considered notification of cancellation by default and is subject to cancellation charges as stated above. Just the Wild reserves the right to deny participation to anyone whom it deems unsuitable for a trip.

We also highly recommend Emergency Medical and Evacuation Insurance, which can be included in your Trip Cancellation policy and would provide worldwide emergency assistance and coverage if you were to suffer a medical emergency during the trip.

Itinerary Changes, Delays and Cancellations

All expedition arrangements are subject to change and Just the Wild reserves the right to change an expedition’s itinerary, dates, expedition leaders, or accommodations as the situation warrants. If a trip must be delayed or the itinerary changed due to political unrest, strikes, logistical problems that may impede trip operations, severe weather, road conditions, transportation delays, government intervention, airline schedules, illness, or other contingencies for which Just the Wild or its agents cannot make provision, the cost of delays or changes is not included.

Just the Wild reserves the right to cancel any trip prior to departure for any reason whatsoever, including force majeure (acts of God, war, labor strikes, earthquake, flooding, etc.), logistical problems that may impede trip operations, or insufficient sign-ups. If a trip is cancelled due to force majeure (acts of God, war, labor strikes, earthquake, flooding, etc.), Just the Wild will promptly refund the portion of the trip cost not already advanced to suppliers and use its best efforts to recover and refund the balance as promptly as possible; however, this cannot be guaranteed. The refund of payments received shall release Just the Wild from any further liability. A trip with insufficient sign-ups would normally be cancelled a minimum of two months prior to departure. Just the Wild is not responsible for expenses incurred by trip members in preparing for a cancelled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements should the trip member have embarked prior to the scheduled group departure date.

PLEASE NOTE THERE ARE NO REFUNDS FOR LOST DAYS DUE TO WEATHER CANCELLATIONS, TRIP DELAYS, INJURY OR EQUIPMENT ISSUES

Participation

Participants in a Just the Wild expedition are held responsible for being in sufficiently good physical and mental health to undertake the expedition. We would be happy to counsel you on the requirements for each trip and whether the expedition you have selected is appropriate for you, but it is the participant’s responsibility to prepare for the trip by studying the itinerary and pre-departure information provided and by bringing the appropriate clothing and equipment as advised therein. It is crucial that any medical problems and related dietary restrictions are made known to us at the time of reservation and/or well in advance of the trip’s departure. The expedition leader has the right to deny participation to anyone deemed unsuitable for the trip and/or if continued participation will jeopardize either the individual involved or the group. There will be no refund given under these circumstances.

Cost Increases & Currency Fluctuations

Due to many factors beyond our control we reserve the right to change our prices as or when circumstances dictate. Our tour price does not have an allowance to cover dramatic increases from fuel costs or currency fluctuations. Therefore, Just the Wild reserves the right to initiate a rate surcharge at any time before departure if there are exceptional cost increases beyond our control.

Luggage Restrictions & Documentation

Luggage size and weight limitations for both checked and carry-on luggage are imposed by the airlines or as an operational requirement due to type of aircraft used within each program. Detailed information will be provided in the individual trip documentation. Each participant is responsible for making sure that they have the necessary and valid travel documents including a passport valid for six months after your return home, visas and immunizations where necessary.

Photographic Release

Just the Wild and its assigns, reserve the right to take photographic or film records of any of its trips. Individual participants should be aware that Just the Wild may use any such photographic or film records for promotional and/or commercial purposes, or joint marketing efforts with third parties, without remuneration to the trip members.

Limitation of Liability

Just the Wild gives notice that it does not own or operate any entity that provides services for your expedition, including but not limited to transportation providers, hotel accommodations, food service providers, local guides and porters, equipment suppliers, ground and safari operators, etc. These services are purchased from various independent suppliers who are not affiliated with Just the Wild in any way. Just the Wild, its owners, employees, officers, or contractors shall not be held liable for any negligent or willful act or failure to act of any such person or entity, nor for any act or inaction of any other third party not under its control. Without limitation Just the Wild is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, or breach of contract of any third party, such as an airline, train, hotel, restaurant or food supplier, bus, taxi, van, or safari operator, or local outfitter or guide, whether or not it uses the Just the Wild name, which is expected to or does supply any goods or services for your expedition. Just the Wild cannot be liable for any loss, injury, death, or inconvenience due to delay or changes in schedule; overbooking or downgrading of accommodations; technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality; strikes; war; insolvency default of any third party; acts of government; bites or attacks by animals, insects or pests; sickness; the lack of appropriate medical care; evacuation to same, if necessary; weather; strikes; acts of God; acts of terrorism or the threat thereof; quarantine; epidemics or the threat thereof; criminal activity; or any other cause beyond its control. In no event will Just the Wild be responsible for incidental, consequential or special damage or loss suffered by any person. By confirming your participation in this program, you understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.

Compulsory Arbitration

The parties agree to resolve any controversy or claim concerning this website, web page, the literature for a trip, or the trip itself, by binding arbitration in Boulder, Colorado, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. In any such arbitration the substantive but not procedural law of the State of Colorado shall apply. This agreement to arbitrate does not waive or modify the liability release contained in this document. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Just The WIld (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@circadianoptics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Circadian Optics, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Just The WIld’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.