Terms & Conditions

Last updated September 12, 2023

Please read these Terms & Conditions carefully before booking a trip with us. Our goal is to have fair and sustainable policies. As such, please understand we reserve the right to update these policies at any time and without prior notice. If you have any questions or concerns, feel free to contact us.

Introduction

These terms and conditions constitute the entire understanding and agreement between you, the trip participant (“Participant”), and BACK&PACK LLC (“BACK&PACK,” “B&P,” “we,” or “us”) with respect to any and all bookings, trips, or transactions made with BACK&PACK. By submitting a booking form, paying a deposit, or signing this agreement, you accept all of the terms in this agreement and direct us to perform services on your behalf. These booking terms and conditions incorporate by reference our liability waiver, which each Participant is required to sign before travel.

Bookings

At the time of booking, we require a $500 USD deposit. Full payment is due 120 days before your start date or at the time of booking if less than 120 days. Payments can be made via check, credit card, or bank transfer. A booking is not accepted and there is no contract between us until we confirm your trip and space in writing.

Prices are in US dollars, and all payments must be made in US dollars. If you pay by check, your booking will be considered provisional until the check has cleared the bank. Returned checks will incur a returned check fee.

If a booking is not fully paid by the final payment due date, we reserve the right to treat the booking as cancelled and subject to the cancelation terms explained below.

The trip descriptions that appear on our website and in our brochures and other marketing material are for informational purposes and the specific trip you book may have variations in the itinerary and pricing. The specific inclusions/exclusions in your trip are detailed in the Pre-Trip Packet for your specific trip and/or on your itinerary.

Cancellations By You and Refunds

To cancel your booking, you must call us immediately and then promptly send notification in writing by email or mail. When providing notice to us, call our team at +1.720.340.1139 and then send written notice to us by email at info@backandpack.com, or mail at BACK&PACK, 761 Robert Street, Longmont, CO 80503. Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification, not when you send it or notify us by phone:

• 120+ days: 100% refund minus $200 cancellation fee
• 91-120 days: 75% refund minus $200 cancellation fee
• 61-90 days: 50% refund minus $200 cancellation fee
• 31-60 days: 25% refund minus $200 cancellation fee
• 0-30 days: 0% refund

No refunds will be provided for any unused portion of a trip once the trip begins, including if you leave a trip for any reason, miss the trip’s departure date, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies, or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.

Changes By You

If you request to change your trip dates or destination after we confirm your booking, we will do our best to accommodate your request. If we can accommodate your request, a change fee may be applied. The type and scope of the change will dictate the fee amount. Note that such a fee can be substantial. Many of B&P’s outside suppliers, including hotels and transportation, impose additional fees or penalties for changes and cancellations.

Price Adjustments

Our trip prices are set far in advance based on our best estimates of operational costs (accommodation rates, staffing, transportation, fuel, inflation, exchange rates, government fees, etc.). Under normal economic conditions, the quoted price at the time of booking is your final trip price. However, in the rare event that global economic conditions create an unsustainable financial situation for B&P, we reserve the right to pass on unexpected operational cost increases to you in whole or in part. We will send you written notice of any price increases in advance. Upon receipt of such a notice, you will have seven (7) days to accept the increase or cancel your booking. If you select to cancel, you will receive a full refund minus any nonrefundable deposits or payments that B&P cannot recoup from our suppliers.

Changes or Cancellations Initiated By You During The Trip

During your trip, if you wish to change, alter, or cancel any arrangements that we have made on your behalf, please inform us as soon as possible. We do our best to accommodate reasonable requests. However, please understand we cannot guarantee that all changes are possible, as alterations to our plans can create severe complications during the trip. Alterations or cancellations to planned arrangements can incur significant charges and change fees. As such, you will be liable for any cost associated with the change or cancellation.

Cancellations or Changes by us and flexibility

We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of participants and for circumstances of Force Majeure, which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to be visited, and make other changes to the itinerary. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.

If we must cancel due to insufficient trip enrollment, all trip members will be notified a minimum of 60 days before the trip departs and will receive a full refund of payments made to BACK&PACK.

Any changes may require a supplemental payment from you or result in a partial or full refund. This refund will constitute full settlement of claims you may have arising out of our cancellation. Unless doing so would create an unstable financial situation for us, we will refund any deposits already paid in the event of a cancellation due to Force Majeure less any non-refundable deposits paid to our third-party suppliers. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, though.

Denial Of Participation

BACK&PACK reserves the right to deny participation in the trip to any participant that B&P, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the trip activities or whose actions or deportment it judges unsuitable for group travel. During the trip, BACK&PACK has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the trip. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others.

Responsibility

Certain services reserved by BACK&PACK, including but not limited to transportation, accommodations, restaurants, sightseeing, and activities may be purchased from various independent suppliers not affiliated with BACK&PACK (referred to as “Third Party Supplier(s)” or “Supplier(s)”). BACK&PACK takes reasonable care in selecting competent, reliable, and qualified suppliers based on information that is reasonably available to us. That said, we act only as an intermediary for these Third Party Suppliers and do not and cannot control the quality of their services. You acknowledge that you are aware and clearly understand that these Third Party Suppliers are independent contractors, are not managed by BACK&PACK, and are not agents or employees of BACK&PACK. In the event of an injury, damage to property, delay or any other loss, compensation must be sought from the Third Party Suppliers, not from BACK&PACK. You understand further that each of these Third Party Suppliers is subject to the laws of the state or country in which the service is provided. The liability of Third Party Suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

Force Majeure

BACK&PACK will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If we and any of our Suppliers are affected by Force Majeure, we and our Suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the trip, and choose to offer future travel credits or no refunds of money paid. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the trip.

Trip & Travel Insurance

You are not required to purchase travel or trip cancellation insurance to join B&P. However, we HIGHLY recommend purchasing a comprehensive policy that fits your needs and circumstances. The relatively small cost of travel insurance can save you significantly over the long run in the event of loss, theft, injury, delay, or emergency. Comprehensive travel insurance can cover trip interruption and cancellations, baggage, medical, accident/life, evacuation, repatriation, and other expenses that arise when traveling abroad.

Pre-Departure Documentation

It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 45 days of your receipt of those documents. This agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you prior to departure, we reserve the right to treat your booking as canceled by you and impose the cancellation fees described in this agreement.

Passport & Visas

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Passports are required for all citizens traveling abroad and should be valid for at least 6 months after your date of return. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all travel documents and entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.

Health & Medical

Our trips are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. You represent that you do not have any condition, physical or mental, that would create a hazard for you or other participants or affect other people’s enjoyment of the trip. You understand that you are solely responsible for determining your emotional and medical suitability for the trip and will consult with your physician and/or a travel medicine expert, regarding medical and health safety precautions appropriate for the trip. You represent and warrant that you have answered fully and truthfully the questions posed to you on the participant questionnaires regarding your medical history and condition, and will notify BACK&PACK immediately if those answers require amendment or supplementation.

Note that we are not a medical authority. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition.

We assume no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the trip.

Issues or Questions During The Trip

If you have any issues or questions during your trip, promptly notify us or your trip leader so that we/your trip leader can attempt to address them. You must submit any unresolved concerns in writing to BACK&PACK within 30 days of the trip’s end date.

Media Release

You grant us and our Suppliers a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce any images, photos, or videos (collectively, “Media”) that you provide to us (whether directly or through a photo sharing service) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for any purpose, including to promote and publicize our travel products and services worldwide.

You also acknowledge and agree that we or other parties, including but not limited to our Suppliers and other participants, may during your trip take or create images, photos, sound recordings, and videos in any format that contain or feature you (collectively, “Media”). These Media may contain your name, likeness, identity, photographic image, videographic image, or oral or recorded statements. You agree that we and our Suppliers may use the Media for any purpose, including to promote and publicize our travel products and services, and grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images without your prior inspection.

Dispute Resolution

In the unlikely event a dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement, you agree that the dispute shall be submitted to a neutral third-party mediator in Colorado, with both parties dividing equally the costs of such mediator. If the dispute cannot be resolved through mediation, then (a) the dispute shall be filed and resolved exclusively by binding arbitration through the American Arbitration Association in Colorado; (b) the dispute will be governed by Colorado law; and (c) any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction.

Acknowledgment of Arbitration

You understand that our agreement contains an agreement to arbitrate. You understand that after signing our agreement, you will not be able to bring a lawsuit concerning any dispute that may arise which is governed by the arbitration agreement, unless it involves question of constitution or civil rights. Instead, you have agreed to submit all claims and disputes within the scope of this agreement to an impartial arbitrator or arbitrators in accordance with the arbitration procedures set forth in this agreement.

Limitations of Remedies

You agree that the sole remedy for any default by BACK&PACK arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, BACK&PACK shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BACK&PACK has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

Severability And Successors And Assigns

If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. This agreement shall inure to the benefit of and be binding upon BACK&PACK and the Participant and their respective heirs, legal and personal representatives, successors, and assigns.

Merger

This agreement is the final, complete, and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.

BACK&PACK reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions.