Booking Terms & Conditions

Thank you for booking and/or traveling on a Journey travel package with Our Black Passports LLC (“OBP”). These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from OBP, and govern the contractual relationship between you and OBP with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with OBP, or by traveling on a OBP Journey you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the (“Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and OBP with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when OBP, or an authorized agent acting on OBP’s behalf, have received the applicable deposit from the Client and the Client has received written confirmation from OBP of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by OBP to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to OBP that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with OBP for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with OBP.

At any time before a booking is confirmed, OBP reserves the right to increase or decrease brochure prices of any Products. OBP reserves the right to decline any booking, in their sole discretion.

2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel. OBP encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with OBP. OBP does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Clients must notify OBP in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with OBP. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. OBP may refuse to carry pregnant women over twenty-four (24) weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Travel packages, as offered by OBP, by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which OBP operates varies and OBP makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. OBP will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and OBP and OBP is not liable for any failure to accommodate or fulfill such requests.

3. CURRENCY

OBP Journeys Products are available for purchase using Intuit. All payments made to OBP shall be in United States Dollars (USD).

4. FINAL PAYMENT SCHEDULE/LATE PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS

(a) Final Payment: Clients should refer to the confirmation email sent by OBP Journeys and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due no less than thirty (30) days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Journeys may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the amount paid on booking as a cancellation fee, at OBP’s sole discretion. If a Product is booked less than forty-five (45) days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

(b) Late Payment: Failure to make a payment within fourteen (14) days of the agreed upon date is a breach of contract and will result in the cancellation of your booked travel package. OBP maintains the right to assign your spot to the next eligible client on the wait list.

(c) Client Details: As a condition to valid confirmation of any booking with OBP Journeys (including all Products) the Client must provide all necessary information as requested by OBP along with their final payment. If the Client fails to provide such information prior to thirty (30) days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and OBP reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by OBP, in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients during the booking process.

(d) Credit Card Charges: OBP is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to OBP.

5. CANCELLATION BY THE CLIENT

Any cancellation of a booking and/or a Product by a Client must be delivered to OBP in writing and be acknowledged by OBP in writing. Deposits are NON-REFUNDABLE and NON-TRANSFERABLE between persons. Payments made beyond the initial deposit are refundable at a rate of 50% up to 90 (ninety) days prior to the commencement of the trip.

Clients purchasing Products are highly recommended to purchase comprehensive cancel for any reason insurance, to the extent such insurance is available under the laws governing each client's country of origin.Trip cancellation insurance is the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your OPB Journey for any reason.

6. CANCELLATION OF A TOUR BY OBP

OBP will not cancel a booking on any tour Product once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of OBP. When a tour is cancelled by OBP before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:

(i) accepting from OBP a substitute tour Product of equivalent or superior value, where such substitute is reasonably available;

(ii) accepting from OBP a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from OBP the difference in price between the price of the tour originally purchased and that of the substitute tour; or

(iii) accept from OBP a full refund of all monies paid for the cancelled tour Product(s).

OBP is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. OBP reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Product(s) as described cannot be provided, OBP will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, OBP will provide the Client a refund of unused Products or Product portions.

7. UNUSED SERVICES

OBP shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of OBP or its OBP Journeys Team Members, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

8. PRICES, SURCHARGES AND TAXES

Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to thirty (30) days before the departure of such Product. After a Confirmation Invoice has been issued by OBP to the Client, OBP reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than two percent (2%) of the original price paid for the Product (excluding add-ons, insurance, and taxes). OBP shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.

Where the increase in price is greater than ten percent (10%) of the price of the applicable Product, upon receiving notification from OBP the affected Client(s) may elect to either:

(i) cancel the applicable Product booking without incurring any penalty; or

(ii) accept the change of price.

The Client must notify OBP of their election within fourteen (14) days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.

Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client at the time of booking and itemized on subsequent invoicing.

9. VALIDITY

The prices of Products advertised on the OBP website are based on costs in effect at the time of posting to the website. OBP reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 8, above. Changes, revisions, or other amendments may be made to the particulars contained on the OBP website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

10. FLEXIBILITY

The Client acknowledges by booking a Product and/or agreeing to travel with OBP that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by OBP. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of OBP.

11. CHANGES

(a) Trip details: The itinerary is a general guide to the tour and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the client and the operator. Although the itinerary has been organized with care and details are provided in good faith, OBP may make improvements that stem from, but are not limited to, weather changes, local factors, past travelers’ comments, research and other reasonable factors. As a client, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.

(b) Changes made by OBP: While OBP will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by OBP, in its sole discretion. If OBP makes a Material Change (defined as a change affecting at least one (1) in three (3) full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, OBP will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than fourteen (14) days prior to departure, the affected Client may elect to:

(i) accept the Material Change and proceed with the amended Product;

(ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);

(iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or

(iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).

The affected Client must notify OBP of their decision in writing within seven (7) days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.

If any Material Change arises from reasons of Force Majeure, as herein defined, the Client shall be entitled to recover only the costs of the Product recoverable by OBP.

Once a Product excursion has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the OBP Journeys Team Member and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that OBP shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.

OBP will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.

(c) Changes made by the Client: Client may contact OBP directly by email, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to OBP in making their booking is accurate, up-to-date, and correct. A one-time transfer from one Product tour to another may be made one-hundred and twenty (120) days or more prior to departure of the applicable Product for a fee of $199, subject to Product availability and approval by OBP. If such transfer request is approved by OBP and the Client has transferred to (i) a more expensive Product tour, Client shall pay the difference in price between the cost of Client's original Product tour and the new Product tour; or (ii) a less expensive Product tour, Client shall not be eligible for a refund of the difference in price between the cost of Client's original Product tour and the new Product tour. Any request to transfer received less than 120 days before departure of the applicable Product will not be accepted and Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date 12 months from the original date of purchase. Any changes to the traveling Client’s name on any Product booking are subject to OBP’s approval and applicable Administrative Fees may apply, which will be payable by the Client.

(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to OBP’s approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within fourteen (14) days of departure of the first Product to depart under the applicable booking.

12. AIRFARE

Product tour prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.

(a) Quotes: All quotes are in US Dollars, unless otherwise stated. OBP staff will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by OBP.

(b) Price changes: Until tickets are issued, the OBP team reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.

(c) Full payment: Full payment must be paid before the option period described in (b), above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued.

(d) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the OBP team’s sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Client.

(e) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. OBP is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.

(f) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.

(g) Airline, airport or weather delays: OBP is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. OBP will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. OBP will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.

13. ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release OBP from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.

Accommodation, transportation, activities and excursions, and other components of OBP’s Products will be arranged by OBP with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. OBP at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of OBP will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.

14. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY

At all times the decision of the OBP Team member(s) or other designated representative(s) will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By traveling with OBP, the Client agrees to abide by the authority of the Team Member or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise OBP at the time of booking and complete a medical form provided by OBP, along with any other documents reasonably requested by OBP to ensure the health and safety of all Clients who travel with OBP.

Should the Client fail to comply with the above or commit any illegal act when on the Product tour or, if in the opinion of the OBP Team Member (in his/her and/or OBP’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, OBP may terminate that Client’s travel arrangements on any Product immediately without any liability on OBP’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.

Clients agree that they are responsible for any costs incurred by OBP, OBP’s suppliers or OBP’s partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Product tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a OBP representative as soon as possible upon discovery by the Client.

Client agrees to take all prudent measures in relation to their own safety while on any OBP Journey, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. OBP shall not be liable for any failure on the Client’s part to comply with this paragraph.

15. TRAVEL DOCUMENTS

(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid six (6) months past the last date of travel with OBP), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by OBP or any of its third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by OBP regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and OBP is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.

(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the e-mail address provided on booking. OBP reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.

(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the OBP website, including, but not limited to checking the website at least seventy-two (72) hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by OBP.

16. FORCE MAJEURE

OBP shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for OBP' failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of OBP; or an event which OBP or the supplier of services, even with all due care, could not foresee.

17. INSURANCE

CLIENT ACKNOWLEDGES THAT IT IS STRONGLY RECOMMENDED THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF USD $200,000 covering all applicable dates of any travel with OBP and this insurance must cover personal injury and emergency medical expenses. Thirty days before the departure of each Product tour, OBP will verify that all Clients have such insurance or waiver in place and coverage as per the suggested amounts above. It is strongly recommended and encouraged that Clients also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. OBP shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. OBP cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by OBP such as hotels, home-stays, vessels, expedition vehicles, or any other mode of transportation. Client acknowledges that the cost of the Product tour does not include any insurance coverage for such Client, and that the Client is strongly recommended to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable OBP Product.

18. DISCOUNTS AND PROMOTIONS

All discounts and any reduced pricing and/or promotional benefits are applied at OBP’ sole discretion. From time-to-time OBP may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment has been made in full or in part and has been received by OBP) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount.

19. CLAIMS AND COMPLAINTS

Client agrees to bring any complaints regarding a Product to OBP as soon as possible in order to provide OBP with the opportunity to address such complaint properly. Client agrees to inform the OBP Team Member at the earliest opportunity, or to inform OBP’s Operations Assistant directly. OBP assumes no liability for complaints that are not properly brought to the attention of OBP with sufficient notice for OBP to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by OBP directly at ourblackpassports@gmail.com within thirty (30) days of the end of the tour. Client acknowledges and agrees that OBP will not accept any liability for claims received after this period.

20. CLIENT RESPONSIBILITY

The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that OBP is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and OBP strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any OBP Product.

21. EXTRAS

Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by the OBP Journeys Team Member or other OBP representative in arranging, selecting, or booking any Extras is purely at the request of the Client, and OBP makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Extras or participation thereon by any Client, or any information provided by any OBP representative or OBP Journeys Team Member regarding any Extras. Accordingly, the Client hereby releases OBP from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Extras.

22. LIABILITY

OBP is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).

THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO OBP ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of OBP or of the third-party suppliers of any services which form part of the Contract, then OBP limits its liability and any liability OBP may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then OBP's liability will not exceed $1,000. OBP will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against OBP and its suppliers, contractors or other third parties.

23. SUPPLIERS

Hotels, shuttle services or other constituent elements of a Product will be arranged by OBP with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. OBP will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of OBP will not exceed that of any supplier. All suppliers will be selected and assessed by OBP in reference to local laws and regulations in the relevant country of operation. Neither OBP nor any carrier is liable for the acts or omissions of any independent contractors.

24. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

25. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS

These Terms shall inure to the benefit of and be binding upon OBP and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.

Our Black Passports LLC, exists under, and is pursuant to, the applicable laws of New Jersey.

26. APPLICABLE LAW

The Contract and these Terms are subject to the laws of New Jersey, and all Clients submit to the exclusive jurisdiction of the courts located in Union County, New Jersey, United States for the resolution of any dispute under these Terms or concerning a Product.

27. PRIVACY POLICY

OBP’s website(s) uses tracking cookies in order to enhance user and booking experience. Your use of OBP's website(s) indicates your assent to such use in accordance with OBP's Privacy Policy. In addition, OBP must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services and to assist in evaluating such Products. OBP takes care to safeguard all Client information and protect the privacy of all of our Clients. OBP collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in OBP’s Privacy Policy and is expressly incorporated into these Terms. In particular, OBP may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of a Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from OBP in accordance with our Privacy Policy. By submitting any personal information to OBP, Clients indicate their acceptance of the terms of OBP's Privacy Policy.

28. ONLINE BOOKINGS

All online reservations shall be deemed as booked in the United States, and shall be subject to United States law and jurisdiction.

29. IMAGES AND MARKETING

The Client agrees that while participating in any OBP Product, images, photos or videos may be taken by other Clients and/or OBP representatives or OBP Team Members that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to OBP, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

30. REFUSAL OF SERVICE

OBP retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

31. AMENDMENTS

OBP reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the OBP website (www.ourblackpassports.net). Any such amendment shall take effect seven (7) days following its posting to the OBP website. The latest Terms, as amended, may be accessed any time on OBP's website, or will be sent to Client upon their written request to OBP. Clients shall be deemed to have accepted any amendments to these Terms on the date that is seven (7) days after their posting on the OBP's website. OBP recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

32. MISCELLANEOUS

(a) Clients purchasing from the wait list must purchase from the full payment plan. Unless otherwise mentioned, roommates will be selected at random.

(b) Payment Plans. On your payment due date, OBP will deduct Client's payment from the payment account Client designated at the time of purchase or as updated thereafter. Automatic payments will be debited from Client's designated account on the payment due date indicated and agreed upon on Client's account.

Website Usage Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of OurBlackPassports.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to secure services with Our Black Passports or to purchase Our Black Passports products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Our Black Passports. You further agree not to change or delete any proprietary notices from materials copied or downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of Our Black Passports used in the site are trademarks or registered trademarks of Our Black Passports.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Our Black Passports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Our Black Passports does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Our Black Passports shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of any suggested products, even if Our Black Passports has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a Our Black Passports product is mistakenly listed at an incorrect price, Our Black Passports reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Black Passports reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If valid, Our Black Passports shall issue a credit to your credit card account in the amount of the incorrect price.

TERM TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated Our Black Passports without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Our Black Passports may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Our Black Passports.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Our Black Passports products) shall be in the state or federal courts located in New York City, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Our Black Passports products) must be commenced within one (1) year after the claim or cause of action arises. Our Black Passports’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Our Black Passports may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Our Black Passports or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Our Black Passports reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Our Black Passports in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Our Black Passports from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Our Black Passports may link to sites operated by third parties. However, even if the third party is affiliated with Our Black Passports, Our Black Passports has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Our Black Passports. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Our Black Passports seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).