COVID 19 RELEASE OF LIABILITY. By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by The Pink Bus Mystery Trips, LLC.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on The Pink Bus Mystery Trips, LLC to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, The Pink Bus Mystery Trips, LLC has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that, The Pink Bus Mystery Trips, LLC shall not be liable to any losses howsoever arising.
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS The Pink Bus Mystery Trips, LLC, its owners, members, agents, and/or employees, and suppliers (RELEASEES), from and against any and all claims, damages, demands, losses, injury, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
SCOPE/AGENCY. The Pink Bus Mystery Trips, LLC does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, cruise, rental cars, packages, activities, meals, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by vetted third parties (the “Suppliers”) such as airlines, hotels, cruise lines, restaurants, and tour operators. The Suppliers are responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk. The Pink Bus Mystery Trips, LLC does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that The Pink Bus Mystery Trips, LLC acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other privileges, or services for the traveler’s benefit, and on the express condition that The Pink Bus Mystery Trips, LLC shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
TRAVELER INFORMATION. Names provided to secure reservations must match traveler’s passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation. Visas are required when they apply. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
CANCELLATION. Both deposit and payments you have made for the trip are non-refundable. Cancellation of travel must be made in writing and is effective from the date we receive the written notification. If you need to cancel, you are responsible for finding a replacement to fill your spot. Replacements must be completed no later than seven (7) days prior to departure. Passenger replacement and refunds are subject to airline and other travel supplier rules and policies and may not always be refundable. A passenger name change fee will be assessed and that there may be additional costs assessed by travel supplier(s) for passenger changes.
The Pink Bus Mystery Trips, LLC reserves the right to cancel or reschedule any trip in accordance with operational requirements or circumstances beyond our control. Additionally, all trips operate subject to a minimum number of bookings. We will not, however, cancel for lack of numbers less than 60 days before departure.
Very rarely, we may be forced by “force majeure” (see below) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or reimburse any costs or expenses (including but not limited to lost wages, vacation, or other benefits) you incur as a result.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim cancellation charges and trip refund and, for this reason, we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
TRAVELER DELAYS. It is important that you timely report for all designated tour departure times. It is your responsibility to be on time and present for all departures and tours. If you or any member of your party fail to timely board or be present at a designated tour or transportation time, the tour will depart without you, and it will be your responsibility to arrange alterative travel arrangements to meet up with the tour. The alternative travel will be at your sole expense and your tour will not be refunded by The Pink Bus Mystery Trips, LLC.
If your flight is cancelled or delayed by more than 3 hours, you must immediately contact The Pink Bus Mystery Trips, LLC and the airline or other transport supplier. Where you experience a delay which is not due to any failure by you or by The Pink Bus Mystery Trips, LLC, we will use reasonable endeavors to assist in locating refreshments, accommodations and communications but we will not pay for these costs on your behalf. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodations and you should make a claim directly to them and/or your travel insurance policy.
NO REFUND FOR UNUSED ARRANGEMENTS. As The Pink Bus Mystery Trips, LLC prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.
FORCE MAJEURE. The Pink Bus Mystery Trips, LLC assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Pink Bus Mystery Trips, LLC that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by The Pink Bus Mystery Trips, LLC.
TRAVEL PROTECTION INSURANCE. The Pink Bus Mystery Trips, LLC STRONGLY RECOMMENDS you purchase travel insurance to protect your investment should unforeseen circumstances (e.g., illness, injury, accident, other medical emergency, trip cancellation or interruption) arise before and during your trip. You should ensure that this insurance fully covers all related costs for the duration of your travel, including, but not limited to, trip cancellation, trip interruption, trip delay, baggage delay, medical expenses, ambulance and evacuation costs and repatriation. Please contact us for details on travel insurance coverage for your trip. We are not responsible for any such costs regardless of the cause.
Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption due to a covered reason(s). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel protection plans must be purchased in close conjunction with your travel purchase and a pre-existing condition waiver must be purchased within 7 days of booking your trip.
The Pink Bus Mystery Trips, LLC is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. The Pink Bus Mystery Trips, LLC cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
BAGGAGE DISCLAIMER. Although every effort is made to handle passengers’ luggage as carefully as possible, The Pink Bus Mystery Trips, LLC is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft or wear and tear through hotel and group carrier handling. It is recommended for your own self-interest and protection that you have adequate travel insurance to cover these risks.
BAGGAGE FEES. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees and information. The Pink Bus Mystery Trips, LLC is NOT responsible for additional fees incurred for baggage or seating. One checked bag (not exceeding 50 pounds) and one carry-on bag is included in the price of your trip.
NON-RESPONSIBILITY. The Pink Bus Mystery Trips, LLC, and its employees, owners, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, meals, and all other services related to this tour. The Pink Bus Mystery Trips, LLC does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, tour operator,or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of The Pink Bus Mystery Trips, LLC. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither The Pink Bus Mystery Trips, LLC, nor its employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of The Pink Bus Mystery Trips, LLC. The Pink Bus Mystery Trips, LLC assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage, or loss of any traveler that may result from any act or omission on the part of others. The Pink Bus Mystery Trips, LLC assumes no responsibility or liability for personal property or lost, stolen or damaged items. The Pink Bus Mystery Trips, LLC shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical, customs or immigration regulation, weather, or any other delay or cancellation.
ASSUMPTION OF RISK, HOLD HARMLESS AND RELEASE OF ALL LIABILITY. Traveler is aware that travel on the trip may involve inherent risks which include, but are not limited to: risk of injury or death from motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, The Pink Bus Mystery Trips, LLC and its employees, owners, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions; physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. Traveler assumes all risks and waives any and all claims against The Pink Bus Mystery Trips, LLC and its employees, agents, owners, and representatives.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of The Pink Bus Mystery Trips, LLC and agrees to and shall hold harmless and fully release The Pink Bus Mystery Trips, LLC, and its employees, owners, agents, and representatives (together The Pink Bus Mystery Trips, LLC) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of The Pink Bus Mystery Trips, LLC and traveler hereby covenant not to sue The Pink Bus Mystery Trips, LLC for any such claims or join any lawsuit or action that is suing The Pink Bus Mystery Trips, LLC. This agreement also binds your heirs, legal representatives, and assigns. The terms of the ASSUMPTION OF RISK, HOLD HARMLESS AND RELEASE OF ALL LIABILITY shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by The Pink Bus Mystery Trips, LLC and its Suppliers. Our Suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund. The Pink Bus Mystery Trips, LLC reserves the right to refuse any traveler or potential traveler at its sole discretion.
INDEMNIFICATION. Traveler agrees to indemnify and hold harmless The Pink Bus Mystery Trips, LLC, and its employees, agents, and representatives (collectively “The Pink Bus Mystery Trips, LLC”), from any expenses, losses, liabilities, damages, injuries, judgments, settlements, litigation costs and attorneys’ fees involved with or incurred by The Pink Bus Mystery Trips, LLC (collectively “damage”) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) any damage caused by traveler while participating in the trip.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. It is essential that you advise us before booking if you have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. The Pink Bus Mystery Trips, LLC will communicate requests to Suppliers, but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the ADA and may not have wheelchair accessibility. We may request that you provide a letter from your doctor confirming your fitness to travel.
The Pink Bus Mystery Trips, LLC does not provide personal attendant services. Travelers requiring personal attendant assistance must be accompanied by a companion who is capable of and totally responsible for providing the necessary assistance. The companion must register for trip at time of traveler’s registration.
GOVERNING LAW AND JURISDICTION. This terms and conditions Agreement and the registration form and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Dakota exclusive of conflict or choice of law rules. You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in Cass County, North Dakota will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts. You agree that you will only bring claims against The Pink Bus Mystery Trips, LLC in your individual capacity and not as a plaintiff or class member in a purported class action or representative proceeding. The Pink Bus Mystery Trips, LLC shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to indirect, special, consequential, incidental and punitive damages, and waive any recovery of attorneys’ fees and litigation costs.
ENTIRE AGREEMENT & SEVERABILITY. This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to The Pink Bus Mystery Trips, LLC. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
BY WORKING WITH US, YOU ARE ACCEPTING ALL TERMS AND CONDITIONS OF TRAVEL FOR BOTH THE TRAVEL SUPPLIER AND THE PINK BUS MYSTERY TRIPS, LLC.
