Travel Terms & Conditions
PLEASE READ CAREFULLY BEFORE BOOKING ONE OF CLUTCH’D PASSPORTS, LLC HOSTED TRIPS
Access to and use of the services of Clutch’d Passports, LLC (“CLUTCH’D PASSPORTS” and/or “our” “us”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be legally bound by these terms. These terms and conditions govern the relationship between CLUTCH’D PASSPORTS, LLC and you, the Customer. These terms restrict your rights and remedies and provide protection to CLUTCH’D PASSPORTS. These also include warranty disclaimers and liability exclusions. By using this website, you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or CLUTCH’D PASSPORTS, LLC services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website.
USE OF CLUTCH’D PASSPORTS, LLC ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 21 years of age and possess the legal authority to enter a contractual relationship with Clutch’d Passports. You agree to be financially responsible for all your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household transacting business with Clutch’d Passports is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Clutch’d Passports shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Clutch’d Passports.
All reservations must be accompanied by a non-refundable deposit to Clutch'd Passports. There are no exceptions to this deposit fee. This information is shared on the site, prior to your agreement to book your destination. Airlines and/or hotels will not hold any reservations unless secured payment.
Prices are subject to change until a deposit has been made to secure your spot on the trip.
PRICE POLICY; TRIP DEPOSIT; INVOICING; FINAL PAYMENT
All trip prices are as posted on the Clutch’d Passports, website at the time of booking and do not include airfare unless otherwise stated. Trips are priced per person, based on shared occupancy. Single rooms may be available at an additional cost and the prices will be listed where applicable. Prior to booking, prices are subject to change without notice. If you are using our payment plan option, you must submit a non-refundable, non-transferable, per person deposit (equivalent to the first month’s installment payment or other amount determined by Clutch’d Passports, in its sole discretion) at the time of booking to reserve your space. You may submit payments to Clutch’d Passports, online, bank transfers or credit card.
Payment Schedule: Traveler understands and agrees to satisfy their balance in full no less than 60-90 days prior to the date of arrival. Should Traveler fail to submit the final payment as specified, a $50 late fee will be assessed based on the original amount.
If Traveler fails to submit payment in full by the final payment date, CLUTCH’D PASSPORTS reserves the right to cancel the booking and retain 100% of funds paid.
Monthly Payment Schedule: Once a reservation is secured with a deposit, the traveler is required to make monthly payments. If no payment is received for 60 days the reservation will be canceled, and all previous payments will be forfeited. The amount of the minimum monthly payment installment will be provided on the initial invoice.
Reinstatement: If your travel reservation has been canceled, and you notify us within ten (10) days that you want to reinstate your reservations, a service reinstatement fee of $150 ($200 for international tours) will be added to your invoice and must be paid in advance in order to apply for reconfirmation of services. Additional fees may apply if the travel price has changed.
Credit Card and Bank Payment/ Processing:
CLUTCH’D PASSPORTS uses a third-party credit card processing company to provide the Traveler with a convenient way of submitting payment(s). Traveler agrees to update credit/debit card/bank account if closed, expires, or is no longer active for whatever reason. The traveler may contact CLUTCH’D PASSPORTS directly to provide updated payment information: firstname.lastname@example.org.
Declined Payment: In the event that payment is attempted by CLUTCH’D PASSPORTS and is subsequently declined, the Traveler will receive a courtesy email notifying Traveler of the declined payment method. If the past due payment is not paid within seven (7) days of its due date, there will be a $50 late fee assessed for that interval’s payment. If payment has not been submitted within fourteen (14) days of the first payment attempt, CLUTCH’D PASSPORTS reserves the right to cancel Traveler’s booking and & retain all paid funds.
REFUND, TRIP CANCELLATION, & DISRUPT POLICIES
Part of CLUTCH’D PASSPORTS’ responsibility is organizing the activities, accommodations, and transportation that will make your trip, once in a lifetime experience. We not only host our Travelers during the trip but also do the work necessary ahead of time to make sure that everything is in place and ready for you.
Traveler understands that coordination of the scheduled travel requires a great deal of planning to take place months in advance. For this reason, the following policies apply:
All deposits are non-refundable and nontransferable after 24hrs. Cancellations and refund requests must be in writing (see cancellation request) and cannot be made verbally. If a cancellation is received in writing by Clutch'd before your trip's final payment due date, the non-refundable deposit will be retained in addition to any airline, hotel, or excursion-imposed fees or cancellation charges. The remaining balance will be held in an account and may be used towards a future Clutch'd hosted event taking place within 365 days of the cancellation approval.
After final payment has been made and you request to cancel your trip, a cancellation fee will be applied per the supplier as the airline has issued your ticket, and hotel accommodation has been confirmed. You must submit a claim through your travel insurance provider to be reimbursed. Your travel credit will be issued based on the package purchased, Clutch'd cancellation fees, and any other supplier-imposed fees.
In the event that a Traveler attempts to cancel within 120 days of the Date of Departure, CLUTCH’D PASSPORTS reserves the right to retain 100% of all paid funds. Traveler agrees not to file a dispute or chargeback through their bank and/or credit card, instead utilize their travel insurance in the event that Traveler can no longer attend the Scheduled Trip. If we receive any dispute related to your trip, we will automatically cancel it and provide your agreement to the bank/credit card company with our cancellation policy and all the information they might need to see that this trip was booked by You the traveler.
Traveler agrees to not file a chargeback in violation of CLUTCH’D PASSPORTS’s Refund Policy. In the event that a chargeback is requested and/or processed, Traveler agrees to repay CLUTCH’D PASSPORTS for the full amount and be responsible for any fees incurred in recouping payment, including attorney’s fees.
Refund Policy. The traveler may receive a 100% refund (less any processing fees) within 24hrs of booking the Scheduled Trip, so long as the expiration of the 24hrs is more than six (6) months away.
CLUTCH’D PASSPORTS is unable to offer any refund after the expiration of the 24hrs following booking/payment.
Due to the nature of these services, CLUTCH’D PASSPORTS is unable to provide any refunds post-trip. We value feedback from travelers & welcome them to share any comments or suggestions with us here: email@example.com
Canceled by CLUTCH’D PASSPORTS: On rare occasions, CLUTCH’D PASSPORTS must cancel a tour, either because there are not enough travelers to operate the tour if travel arrangements are booked under a group booking that requires a minimum number of travelers, or for other events outside the control of CLUTCH’D PASSPORTS. CLUTCH’D PASSPORTS will cancel tours due to lack of travelers prior to final invoicing however, CLUTCH’D PASSPORTS reserve the right to cancel any tour at any time up to the day of departure, due to no fault of our own.
In the event of a cancellation by CLUTCH’D PASSPORTS, all monies paid to CLUTCH’D PASSPORTS for the canceled tour will be refunded to the traveler or trip will be rescheduled. CLUTCH’D PASSPORTS is not responsible for any penalties imposed by the airlines.
*** If CLUTCH'D PASSPORTS has to cancel a trip outside of their control (see Force Majeure clause below) you will need to file a claim with your travel insurance provider to be reimbursed. Clutch'd Passports will do their best to aid you in this process but we can not make you any guarantees on reimbursement for things that happen out of our control.
Gift Cards: Occasionally, CLUTCH’D PASSPORTS may offer a promotion that offers travelers the opportunity to receive a gift card of a specific amount. Traveler agrees to return said gift card or submit payment equal to the value of the gift card in the event that traveler cancels their reservation within the cancellation period or prior to the scheduled trip.
Rewards: CLUTCH'D PASSPORTS rewards program offers the opportunity for travelers to earn gift cards, concessions, merchandise discounts, etc. If traveler does not adhere to terms specified by rewards program CLUTCH'D PASSPORTS has the right to forfeit program eligibility.
Passport and Travel Documents. Traveler is responsible for securing a valid passport. Upon registering to attend a Scheduled Trip, Traveler will be required to upload a photocopy of their passport, displaying the expiration date, ninety (90) days prior to trip departure.
Some destination countries require a tourist visa to be secured before entering the country. Traveler understands that it is their responsibility to secure the visa and will do so at the time of purchasing Traveler’s airline ticket(s).
If a visa is required for your scheduled trip, the traveler agrees to purchase his/her airline ticket and obtain a visa within thirty (30) days prior to departure. Failure to do so could result in your trip being canceled or the traveler not being able to enter the country.
It is the responsibility of the Traveler to ensure that there are adequate amounts of passport and visa pages within their passport booklet, in accordance with the requirements of the Scheduled Trip destination. CLUTCH’D PASSPORTS will not be liable in the event that the traveler fails to ensure that his/her travel documents are in order.
Traveler's passport must not expired for six months after return of trip. If the traveler's passport will expire within six months of the return of trip he/she must renew their passport prior to the departure of hosted trip.
TRAVEL INSURANCE (Effective 5/1/2020)
CLUTCH’D PASSPORTS requires all travelers to purchase travel insurance for your CLUTCH’D PASSPORTS hosted trip. The ideal insurance policy would cover the cost of trip cancellations, flight delays and cancellations, loss of employment, and accidents and illnesses suffered by you that would prevent you from traveling on your booked trip or that may occur during the trip. You should consider purchasing additional coverage to cover any money you may have spent prior to your scheduled trip departure. Travelers must provide CLUTCH’D PASSPORTS a copy of the policy within 30 days of booking or risk your trip being canceled and loss of initial deposit.
It is CLUTCH’D PASSPORTS’ recommendation each Traveler purchase a travel insurance policy within fourteen (14) days of booking their scheduled trip for maximum coverage. The recommended insurance policy would include a minimum of $100,000 of coverage and cover emergency transportation/evacuation and Cancel for Any Reason (CFAR) at minimum.
CLUTCH’D PASSPORTS may provide a list of travel insurance providers to the Traveler as a courtesy. CLUTCH’D PASSPORTS does not provide any guarantees as to the coverage or service provided by these insurance agencies.
Traveler agrees to use this insurance policy in the event that they are unable to attend the scheduled trip, due to traveler’s fault or otherwise, or incurs any other loss related to the Scheduled Trip.
****** Travel insurance generally only covers unforeseen events. Most insurers classified Coronavirus as a ‘known event’ in late January 2020. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. The client understands that he/she is bound by the terms of the insurance policy as it relates to Coronavirus/Covid-19.
Purchase of Airline Ticket. Traveler is responsible for purchasing their airline ticket to the origination city of the scheduled trip (unless otherwise noted in the hosted trip details). CLUTCH’D PASSPORTS is not responsible for any delays caused by the airline, missed flights due to traveler error, or otherwise.
Traveler agrees to purchase their airline ticket as soon as possible, no later than 60 days prior to the Date of Departure. Traveler will provide CLUTCH’D PASSPORTS with a digital copy of their airline reservation 60 days prior to the Date of Departure.
One (1) week prior to the Date of Departure, Traveler will provide an updated digital copy of their flight itinerary to CLUTCH’D PASSPORTS.
In the event that Traveler arrives prior to the Scheduled Trip Date of Arrival, transportation from the airport will not be provided by CLUTCH’D PASSPORTS. CLUTCH’D PASSPORTS will provide Traveler with a window of time (based on local time) during which transportation will be provided, as outlined below.
Transportation. CLUTCH’D PASSPORTS is responsible for arranging transportation during the scheduled trip for CLUTCH’D PASSPORTS-coordinated activities. CLUTCH’D PASSPORTS will also arrange transportation to and from the airport on the date of arrival and date of departure as specified in the trip details. In the event that this schedule does not fit within the Traveler’s arrival or departure, Traveler is free to arrange transportation for themselves at their own expense.
Accommodations. CLUTCH’D PASSPORTS will provide accommodations for the duration of the scheduled trip. Should Traveler decide to arrive early or stay after the Scheduled Trip, Traveler will be responsible for their accommodations on those days/nights.
In the event that Traveler wishes to indulge in room service or causes some kind of damage to their room/accommodations, Traveler understands that they are solely responsible for any and all extra charges to her/his room/account and agrees to settle such balances prior to departure. Traveler is required to leave her/his credit card on file upon check-in.
In the event that Traveler fails to settle such charges prior to departure, Traveler agrees to indemnify CLUTCH’D PASSPORTS in any situation of property damage or fees that remain unpaid.
In the event that CLUTCH’D PASSPORTS must pursue unpaid fees/damages from Traveler, Traveler will be responsible for all expenses associated with securing such payment, including attorney’s fees.
Roommate Locator: CLUTCH’D PASSPORTS does offer roommate matching for some, but not all, of our international tours. Where roommate matching is available it will be listed in the notes section of the hosted trip. Please note, there is no roommate matching available for domestic trips currently. You will only be matched after 50% of the trip has been paid. Please keep in mind once you have been paired if either of you cancels and we (CLUTCH’D PASSPORTS) are not able to pair you with another roommate you will be responsible for the supplemental fee for single occupancy. Roommate matching is not guaranteed.
False Representation. At no time shall Traveler make representations, directly or indirectly, to vendors, accommodations, administrators, or any other individual/company that Traveler is somehow affiliated with CLUTCH’D PASSPORTS in an authoritative, management, or administrative role. This includes but is not limited to requesting confidential records and/or information on accommodations, bookings, excursions, etc. from vendors, etc.
Included in the Scheduled Trip:
Housing accommodations. Accommodations may be in the form of a hotel, Airbnb, hostel, villa, condo, homestay, or any combination of these.
Select meals. Meals included in the Trip can be viewed on the scheduled trip itinerary provided to Traveler. Any meals/snacks outside of these meals are the responsibility of the traveler.
Planned excursions. These activities can be viewed on the Scheduled Trip Itinerary provided to Traveler by CLUTCH’D PASSPORTS. Any activities/excursions outside of these are the responsibility of the Traveler.
Transportation. Roundtrip airport transport (arrival + departure), as stated in the previous section as well as to and from excursions specified in the itinerary.
Travel Guide. A CLUTCH’D PASSPORTS Travel Ambassador and a Local Resident Ambassador will be made available to Traveler. CLUTCH’D PASSPORTS’ Travel Ambassador will accompany Travelers as a guide for all itinerary activities.
Please note that gratuity/tips to service providers are not included in the Scheduled Trip.
Prices are subject to change without notice until a deposit has been made.
Itineraries are subject to change to accommodate scheduling, weather, the safety of travelers. Clutch'd Passports assumes no liability to the itinerary by all third parties.
Communication. CLUTCH’D PASSPORTS’ Travel Ambassador will communicate with Travelers on the Scheduled Trip via an electronic messaging program such as Whatsapp or Slack Chat. The traveler will be notified of the messaging program of choice before the Scheduled Trip and will be added to a group conversation which will be used for text communications throughout the Scheduled Trip. Traveler agrees to maintain the designated mobile application on their phone and remain a member of the group chat for the duration of the Scheduled Trip, as this will be the sole method of communication with the group.
Excursions. CLUTCH’D PASSPORTS crafts custom excursions for its Travelers to participate in. In the event that a planned excursion is canceled, CLUTCH’D PASSPORTS will make reasonable efforts to substitute the excursion with another planned activity or reschedule for a different day of the Trip. Circumstances outside of CLUTCH’D PASSPORTS’ control do not give rise to a breach of contract or refund.
Should Traveler decide to opt-out of an excursion, Traveler understands that this does not entitle Traveler to a refund, partial or otherwise.
By participating in any and all excursions, Traveler acknowledges that Traveler does not have any physical limitations, medical ailment, physical or mental disabilities that would limit or prevent that Traveler from participating in the excursions. If necessary, Traveler will obtain a medical examination and clearance to participate in said excursions.
Traveler releases CLUTCH’D PASSPORTS from any liability stemming from personal property loss, injury, and/or death that Traveler may sustain while participating in the Scheduled Trip and/or its excursions.
In the event that a Traveler is late to an excursion, CLUTCH’D PASSPORTS, the on-site Travel Ambassador, and/or the rest of the Travelers are not required to wait or delay the excursion. Refunds, partial or otherwise, will not be provided for any such absence. Should the Traveler not arrive in time to take CLUTCH’D PASSPORTS transportation to the excursion, they may secure transportation to the excursion at their own expense.
Luggage. Traveler is responsible for bringing with them everything they need for purposes of travel. The hosting hotel, hostel, Airbnb, etc. may provide items like shampoo, body wash, etc., however, CLUTCH’D PASSPORTS does not guarantee any personal care or travel items to be available at the Scheduled Trip destination or accommodations.
CLUTCH’D PASSPORTS is not responsible for the loss of or damage to luggage in route to the destination, at the time of departure, or for the duration of the Scheduled Trip.
Currency Fluctuations: Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
Alcohol Consumption. Traveler agrees to engage in the consumption of alcohol in a reasonable manner and not to the point of becoming belligerent, violent, or detriment to self, others, property, and/or the overall Trip.
Illegal Activity. Traveler agrees to abide by the destination’s local, state, and federal laws and will refrain from engaging in any criminal activity, including but not limited to the possession, purchase, and consumption of illicit substances. Engaging in such behaviors will be considered as grounds for ejection.
In the event that a Traveler is incarcerated in the destination country, CLUTCH’D PASSPORTS is under no obligation to provide bail money or otherwise. CLUTCH’D PASSPORTS will make reasonable attempts to notify the emergency contact provided by Traveler in this Agreement.
Social Media and Online Forums. Travelers are encouraged to share their Trip with the world! (If Traveler chooses to do so, we’d love to be tagged!) Traveler agrees to not publish any disparaging comments, posts, or photos with respect to CLUTCH’D PASSPORTS, the host destination, as well as fellow Travelers.
Guests. We at CLUTCH’D PASSPORTS encourage socializing and immersion into the local society. However, it is against CLUTCH’D PASSPORTS policy to bring non-Traveler guests to the CLUTCH’D PASSPORTS-provided accommodations. Traveler agrees to not bring guests (regardless of gender) to the accommodations for the duration of the Scheduled Trip. Doing so will be considered as grounds for ejection at CLUTCH’D PASSPORTS’s sole discretion.
Additional Travelers/Guests. Traveler agrees to not bring along any additional travelers that are not pre-approved by CLUTCH’D PASSPORTS. Doing so will be considered as grounds for ejection at CLUTCH’D PASSPORTS’s sole discretion.
Romantic/Intimate Relationships. Traveler agrees to not seek or pursue romantic relationships with any CLUTCH’D PASSPORTS vendors, local partners, or other Travelers for the duration of the Scheduled Trip. Doing so will be considered as grounds for ejection at CLUTCH’D PASSPORTS’s sole discretion.
GROUNDS FOR EJECTION. CLUTCH’D PASSPORTS ’ PRIORITY IS TO MAINTAIN A SAFE, ENJOYABLE TRIP FOR ALL TRAVELERS. CLUTCH’D PASSPORTS RESERVES THE RIGHT TO REMOVE AND/OR EXCLUDE ANY TRAVELER FROM THE SCHEDULED TRIP IN THE EVENT THAT TRAVELER’S BEHAVIOR IS DEEMED DANGEROUS OR POSES A DANGER TO OTHERS. OTHER GROUNDS FOR TRIP EJECTION INCLUDE INTENTIONALLY DAMAGING OR DEFACING PROPERTY, FIGHTING, USAGE OF ABUSIVE LANGUAGE, INAPPROPRIATE AND/OR DISRESPECTFUL TREATMENT OF CLUTCH’D PASSPORTS STAFF, FELLOW TRAVELERS, VENDORS, TOUR GUIDES, AND/OR LOCALS WITHIN THE DESTINATION. EJECTION WILL BE AT THE TRAVELER’S EXPENSE AND DOES NOT ENTITLE THE TRAVELER TO ANY REFUND.
Liability. Clutch'd Passports, including its employees, directors and shareholders (collectively "Clutch'd Passports") does not own or operate any entity which provides goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessels, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon. All such persons and entities are independent contractors. As a result, Clutch'd Passports is not liable for any negligent or willful act or failure to act of any such person or entity or any other third party.
Without limitation, Clutch'd Passports is not responsible for any injury, loss, or damage to 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, items listed in the force majeure clause, 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 swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, 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 direct control of Clutch'd Passports. In addition, I release Clutch'd Passports from its own negligence and assume all risk thereof.
Local Emergencies. CLUTCH’D PASSPORTS is unable to anticipate local emergencies and/or political climate changes in destination countries. In the event that an emergency arises, the CLUTCH’D PASSPORTS Travel Ambassador will provide Travelers with information via the designated group messaging mobile application. Traveler agrees to record the following information in their mobile device and will travel to the U.S. Embassy in the event that an emergency situation arises.
Local Recommendations. During the Scheduled Trip, the CLUTCH’D PASSPORTS Travel Ambassador may make recommendations on restaurants, shopping locations, etc. per Traveler’s request. CLUTCH’D PASSPORTS cannot provide any guarantees as to any local vendors or service providers recommended by a Travel Ambassador or otherwise.
Electronic Signature. Traveler understands that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.
Authorization. CLUTCH’D PASSPORTS may hire a local photographer to capture snapshots of your Trip. Traveler expressly and irrevocably authorizes the use of his or her likeness for commercial purposes by the Company as well as its assignees, licensees, legal representatives, and transferees, unless otherwise agreed to in writing. This authorization permits for the publication and use of any and all photographs, pictures, portraits, videos, and/or images in any and all forms and media including for purposes of illustration, commercial art, publishing, advertising, promotion, publicity, social media, and other electronic forms, for any products or services, or other lawful uses as may be deemed appropriate by the Company in the course of its business.
No Modification. Parties agree that there shall be no changes to this Agreement – unless in writing, agreed to, and signed by both parties.
Force Majeure. CLUTCH’D PASSPORTS may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of CLUTCH’D PASSPORTS that materially affects the Services provided in this Agreement, including but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, quarantine, nuclear leak or explosion, or act or threat of terrorism.
In the event that this Section applies, CLUTCH’D PASSPORTS will be permitted to make a reasonable effort to reschedule Trips as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances. Refunds will not be provided, rather, any money paid by Traveler may be applied to a future CLUTCH’D PASSPORTS Trip.
Transferability. Traveler cannot transfer this Agreement or Trip to any other entity or individual. Any potential transfer may only take place with the written permission of CLUTCH’D PASSPORTS.
Warranties. CLUTCH’D PASSPORTS does not guarantee or provide any warranty, express or implied, with regards to any specific results or Trip.
Governing Law. The laws of the state of Maryland will govern the validity, construction, and performance of this contract. Any actions relating to this contract will be handled in courts or providers serving Prince Georges County, Maryland.
In the event of a dispute, the first course of action to be sought by either party, after making a good-faith and reasonable effort attempting to resolve the matter amicably, shall be mediation with a mutually agreed upon mediator. Parties shall share in the costs.
CLUTCH’D PASSPORTS will do its due diligence prior to confirming Traveler-status and official reservation of the applicant’s spot on the Scheduled Trip. CLUTCH’D PASSPORTS reserve the right to cancel enrollment at any time within 14 days of initial payment, for any reason.
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.
Traveler has been given the opportunity to seek independent legal advice prior to signing this Agreement. Traveler acknowledges and agrees that Traveler has carefully read this Agreement, that Traveler understands and is voluntarily executing this Agreement.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with Clutch’d Passports’ prior written consent. Clutch’d Passports may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. By submitting content to Clutch’d Passports you are not considered an employee and should not make representations as to such. In cases where your submission is published, you are not deemed an employee and are not permitted to state you are a regular Contributor to the site without prior consent and agreement by Clutch’d Passports.
NOT INCLUDED IN THE TRIP PRICE
The following charges are not included in the trip price unless otherwise noted: airfare to and from your trip destination; airline baggage fees including checked and/or excess baggage fees; passports; visas and vaccinations; tips to your tour director, local host, driver, local guides, restroom attendants; gratuities on ferries, trains; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted CLUTCH’D PASSPORTS menu as presented at accommodations or restaurants (these extra items will be billed to you before leaving the accommodation or restaurant); optional excursions; porterage at airports and train stations; travel insurance; and all other items of a personal nature. If the trip details do not specify it is included then it is not.
AIR ARRANGEMENTS TO TRIP DESTINATIONS
Travelers must purchase their own airline tickets to the trip destination unless otherwise stated. CLUTCH’D PASSPORTS will not arrange air transportation and shall not be responsible or liable for a traveler’s airfare, airline ticket, or air travel arrangements. All issues with your air travel shall be resolved with the respective airline on which you are ticketed. In the event, the airline cancels, reschedules, or delays a flight for any reason or you miss your departure flight or connection, no refunds will be provided by CLUTCH’D PASSPORTS for missed portions of the trip. You are fully responsible for any additional expenses you may incur prior to joining the trip if you miss your departure flight or connecting flight. CLUTCH’D PASSPORTS requires all travelers to purchase travel insurance with provisions to cover these unexpected expenses.
Names changes or corrections: Name changes are allowed with a $100 name change fee up until your final payment. Once the final payment has been made a $200 name change fee will be charged plus any vendor fees.
All tour directors, local hosts, and local guides utilized by CLUTCH’D PASSPORTS speak English. Travelers should be able to speak, read and understand English.
AUTHORITY TO REMOVE OR REFUSE TRAVELERS
In the event CLUTCH’D PASSPORTS believes that a traveler may interfere with other travelers’ enjoyment of the trip, CLUTCH’D PASSPORTS may, in its sole discretion, refuse to allow the traveler to commence the trip or remove a traveler from the trip. Travelers who (i) are considered a danger to themselves or others or (ii) have engaged in or are threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or CLUTCH’D PASSPORTS representatives (including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene) or (iii) have failed or refused to follow CLUTCH’D PASSPORTS’s directives, recommendations, instructions, policies, or procedures, may be removed from the trip. In the event CLUTCH’D PASSPORTS refuses transport or removes a traveler, CLUTCH’D PASSPORTS may leave the traveler at any destination and shall not be liable or responsible for accommodations, transportation, meals, medical care, or any other expenses incurred by the traveler after refusal or removal from the trip. CLUTCH’D PASSPORTS will not refund any portion of the price paid by any traveler who is refused or removed and CLUTCH’D PASSPORTS will be entitled to recover from the traveler any costs or expenses incurred by CLUTCH’D PASSPORTS in removing or refusing the traveler.
CLUTCH’D PASSPORTS require travelers to be 21 years of age or older to book a trip and travel alone. Persons under the age of 21 must have an adult (over the age of 21) accompany them on the trip and share accommodations.
On occasion, CLUTCH’D PASSPORTS may organize trips to include a family member(s). These specialty trips will have itineraries that are designed to include children. (“Specialty Trips”). On Specialty Trips, additional terms and conditions governing accommodations, travel requirements, etc. may apply and will be provided to the traveler prior to confirmation of booking.
SPECIAL ASSISTANCE TRAVELERS
Travelers who require special assistance due to a disability must notify CLUTCH’D PASSPORTS when booking a trip. In the event, CLUTCH’D PASSPORTS is unable to arrange acceptable and reasonable accommodations for special needs or disabled travelers CLUTCH’D PASSPORTS will notify travelers and travelers will have the option to decide if they want to continue on the trip. However, CLUTCH’D PASSPORTS shall not be responsible for any denial of services by accommodations, restaurants, or other independent suppliers during the trip. CLUTCH’D PASSPORTS will not provide individual assistance to a special need disabled traveler during the trip. Travelers must be able to independently partake in the activities of the trip. Special needs or disabled travelers should have a qualified and physically able companion accompany them and to assist during the trip. If a traveler fails to notify CLUTCH’D PASSPORTS of a disability requiring special attention when booking the trip, CLUTCH’D PASSPORTS reserves the right to cancel the booking or terminate the traveler’s trip. CLUTCH’D PASSPORTS may cancel or terminate a trip if the special needs or disabled traveler is not accompanied by a person who will aid or if a traveler’s special needs or disabilities are not suitable for the trip. In the event CLUTCH’D PASSPORTS cancels the booking or terminates the trip, CLUTCH’D PASSPORTS will not refund or cover any costs or expenses incurred by the special needs or disabled traveler after cancellation or termination. Some activities during the trip may require travelers to engage in extensive standing, sitting, or walking, and facilities or sightseeing locations may not accommodate wheelchairs. The Americans with Disabilities Act is a federal law that only applies within the U.S.; therefore, facilities and accommodations for disabled individuals may be limited outside the U.S. CLUTCH’D PASSPORTS will not refund or cover any cost or expense incurred by a special needs or disabled traveler for any missed activities due to the traveler’s inability to fully participate with the group.
VISAS & PASSPORTS
International travel requires a passport. You must verify all requirements and obtain a passport and all necessary visas for the trip, including all health requirements if any. If you are refused entry into any country for failing to meet the entry and exit requirements, CLUTCH’D PASSPORTS will not be liable. All visa or passport information provided by CLUTCH’D PASSPORTS is applicable to U.S. citizens only. Non-U.S. citizens must consult with the appropriate consulates to determine if any visas or other documents are needed. For more information on passport and visa requirements, please go to the U.S. State Department website at www.travel.state.gov. Your passport must be valid for at least six (6) months after the return or your trip.
FINAL TRAVEL DOCUMENTS
Documents: Provided full payment is received no later than your Final Payment Due date, documents will be sent via email 21 days prior to the onset of services. If paper documents are requested when e-documents are available, documents will be delivered via FedEx approximately 14-21 days prior, and a fee of $30 will apply. A complete street address is required (no PO boxes).
CLUTCH’D PASSPORTS utilize various accommodations such as hotels, hostels, Airbnb, and bed-and-breakfasts to house travelers during a trip. Each trip will vary in terms of the accommodations used. Shared room accommodations, with twin beds or queen beds when available, will be provided. Single room accommodations may be available at an additional charge and must be requested at the time of booking. Room and bed preferences are not guaranteed. Check-in times vary worldwide. CLUTCH’D PASSPORTS cannot control or guarantee check-in times.
Complete tipping guidelines are as follows: Drivers including private cars and motorcoach drivers: $5-$10 per person, per day Tour Guides: $10-$20 per person, per day
SERVICE INQUIRIES AFTER THE TRIP
If a situation arises during the trip, please advise CLUTCH’D PASSPORTS of your complaint, or claims as soon as possible. Any complaint involving CLUTCH’D PASSPORTS services, or the services of its third-party suppliers must be relayed to CLUTCH’D PASSPORTS within 30 days after completion of the trip. If not, you will forfeit any compensation or other resolution that may have been due to you.
Certain planned activities during the trip may be unavailable if such activities fall on dates that are designated local or national holidays. In the event a planned activity is unavailable, if possible, CLUTCH’D PASSPORTS will offer an alternative activity. No refund or discount will be given to travelers for events that are canceled due to local customs.
HEALTH; SAFETY; MEDICAL INSURANCE
CLUTCH’D PASSPORTS endeavor to provide a safe environment and Trip for its travelers but cannot protect or guard traveler against certain risk and dangers when traveling outside of the United States. During a trip, a traveler may be faced with forces of nature; political unrest; acts of lawlessness or terrorism; accidents or illnesses, or other situations that may endanger the life of the traveler. CLUTCH’D PASSPORTS shall not be responsible for any risks and dangers that may arise and by booking a trip with CLUTCH’D PASSPORTS, you agree not to hold CLUTCH’D PASSPORTS liable for any harm suffered by you during the trip. You agree to hold CLUTCH’D PASSPORTS harmless regarding any provision of medical care or the adequacy of any care rendered. You must ensure that you are informed and aware of the applicable health requirements and recommended precautions relevant to the trip and that you carry all necessary vaccination documents, personal health information, or personal medication. You run the risk of being denied entry into a country if you fail to present the required vaccination documentation. Prior to booking a trip, you should refer to the U.S. Department of State’s website www.travel.state.gov for travel advice and vaccination requirements for the trip destination.
Photographs appearing on the CLUTCH’D PASSPORTS website are used solely as a representation of similar depiction of the possible facilities and attractions and CLUTCH’D PASSPORTS travelers should not rely on those depictions. Actual facilities and attractions will vary. On some trips, CLUTCH’D PASSPORTS may hire a photographer to take pictures of the travelers, activities, and attractions. By booking a trip with CLUTCH’D PASSPORTS, you agree to grant CLUTCH’D PASSPORTS permission to use photos of you taken during the trip by the CLUTCH’D PASSPORTS photographer on our website and social media platforms for marketing purposes only. CLUTCH’D PASSPORTS may, in its sole discretion, make the pictures available to travelers as part of the trip or as an additional cost. In the event, you upload your photos to the CLUTCH’D PASSPORTS website, any upload grants a perpetual license to CLUTCH’D PASSPORTS to use your photos for marketing purposes.
Optional excursions, outside of the planned CLUTCH’D PASSPORTS trip activities may be available for booking through local operators or other third parties. These parties are entirely independent of CLUTCH’D PASSPORTS and do not form any part of the CLUTCH’D PASSPORTS trip. Any optional excursion you book will not be governed by these Terms and Conditions. In booking with a third party/local operator, you will be entering into a contract with said organizer or operator and will be subject to their terms and conditions, which may include limitations of liability or exclusions. CLUTCH’D PASSPORTS shall not be liable for any optional excursions or for any acts or omissions of the third-party/local operator, its employees or agents, or any other person connected therewith, even where CLUTCH’D PASSPORTS advertises, suggests, or assists with booking an optional excursion with the third-party or local operator. Any advice or assistance on or with any optional excursions provided by any local representative does not mean or imply that the option is sold, supervised, or controlled by CLUTCH’D PASSPORTS, or that any such advice or assistance is given on behalf of CLUTCH’D PASSPORTS. CLUTCH’D PASSPORTS advises travelers to check with the operator of any optional excursion for the applicable terms and conditions before booking.
Wi-Fi connectivity may or may not be available during the trip. If available, it may be delayed, slowed, or otherwise interrupted. CLUTCH’D PASSPORTS has no obligation to provide travelers with Wi-Fi connectivity during the trip.
Clutch’d Passports is a service mark owned and registered in the U.S. Patent and Trademark Office. CLUTCH’D PASSPORTS names, trademarks, service marks, logos, materials, and information shall not be used, reproduced, transmitted, or distributed in any way, except with the express written consent of CLUTCH’D PASSPORTS.
CLUTCH’D PASSPORTS is an independent limited liability company acting as an intermediary to provide a trip comprised of services offered by third-party suppliers. Third-party suppliers providing trip services are not agents, employees, servants, or joint ventures of CLUTCH’D PASSPORTS. CLUTCH’D PASSPORTS has independent contracts with each of the suppliers for the services. All trip services provided by third parties are subject to the terms and conditions specified in the third-party supplier documents and to the laws of the countries in which the services are supplied. The third-party supplier terms and conditions are available to you upon request. You agree that neither CLUTCH’D PASSPORTS nor its representative shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services. After departure, if the services included in the trip cannot be supplied or there are changes in an itinerary for reasons beyond the control of CLUTCH’D PASSPORTS, depending on the circumstance, CLUTCH’D PASSPORTS will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of travelers.
LIMITATION OF LIABILITY
To the extent permitted by law, neither CLUTCH’D PASSPORTS nor any of its related companies, directors, employees, or agents accept any liability in contract, tort, or otherwise for any claim, injury, damage, loss, delay, additional expense, or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of another traveler or third party providers over whom CLUTCH’D PASSPORTS has no direct control, by force majeure or by any other event which is beyond CLUTCH’D PASSPORTS’ control. Any limitation of responsibility stated for CLUTCH’D PASSPORTS in these Terms and Conditions applies and extends to its related companies, directors, officers, and agents. This limitation of liability provision does not make CLUTCH’D PASSPORTS responsible for any costs and fees that are specifically stated as being your responsibility. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of CLUTCH’D PASSPORTS under applicable law.
GOVERNING LAW; DISPUTE RESOLUTION
Unless otherwise precluded by law, disputes or claims must be filed within three months following completion of the trip. This agreement shall be governed by the laws of the State of Maryland, and any dispute, mediation, or arbitration pertaining to this agreement must take place and may be brought only in courts in Upper Marlboro, Maryland. Mediation shall be the first form of resolution for any dispute between you and CLUTCH’D PASSPORTS. The mediator used shall be one selected by CLUTCH’D PASSPORTS. If the dispute cannot be resolved through mediation, the parties must proceed to binding arbitration in the State of Maryland to resolve the dispute. The arbitration proceeding shall be administered by and pursuant to the rules of the American Arbitration Association. The prevailing party shall be entitled to receive from the other party, reasonable attorneys’ fees, and reasonable cost and expenses. Arbitration against CLUTCH’D PASSPORTS must be arbitrated on an individual basis. Disputes shall not be arbitrated on a class action basis or on behalf of the general public. You hereby waive any right to punitive damages.
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others). To request content removal please contact firstname.lastname@example.org.
Notices and Restrictions. The Services contain Content specifically provided by Clutch’d Passports, its partners, or its users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License. Subject to these Terms and Conditions, Clutch’d Passports grants each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use Content solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Clutch’d Passports, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party's right.
License Grant. By submitting User Content through the Services, you hereby do and shall grant Clutch’d Passports a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and Clutch’d Passports’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content. For clarity, the foregoing license grants to Clutch’d Passports and its users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing. You represent and warrant that that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Availability of Content. Clutch’d Passports does not guarantee that any Content will be made available on the Site or through the Services. Further, Clutch’d Passports has no obligation to monitor the Site or the Services. However, Clutch’d Passports reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Clutch’d Passports is concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.
The Terms and Conditions may only be amended, modified, or waived by an authorized representative of CLUTCH’D PASSPORTS. Any such modification, amendment, or waiver must be in writing.
The Terms and Conditions are subject to change. CLUTCH’D PASSPORTS advises you to check the CLUTCH’D PASSPORTS website for the latest version of the Terms and Conditions prior to booking your trip.
No Waiver. The failure of Clutch’d Passports to enforce any part of these Terms and Conditions shall not constitute a waiver of its right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, Clutch’d Passports must provide you with written notice of such waiver, provided by one of its authorized representatives.
AMENDMENT OF TERMS AND CONDITIONS - Clutch'd Passports has the right to amend the terms and conditions whenever deemed necessary. (last updated 5/1/2022)