Private and Bespoke
Travel
Terms & Conditions
Adler & Marlow
The terms and conditions set forth in this agreement (also referred to as “Terms”) constitute the entire agreement between you, the traveler, and Travel Differently LLC dba Adler & Marlow (also referred to as “Adler & Marlow,” “we,” or “us”) with respect to any and all bookings, reservations, trips, or transactions (collectively referred to as “Trip”) made with Adler & Marlow.
By booking a Trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (also referred to individually as, “traveler,” and collectively, “travelers”), and direct us to perform services for each and every traveler.
This document and the information contained herein is the property of Adler & Marlow. Any reproduction, disclosure, or use thereof is prohibited except as authorized in writing by Adler & Marlow. The recipient accepts the responsibility for maintaining the confidentiality of the contents of this document.
We appreciate your trust in us and we are committed to delivering exceptional service to you. Thank you for choosing our services for your trip!
Reservations, Acceptance of Booking, and Payment Conditions:
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Upon initiation: a non-refundable Trip planning fee (“Planning Fee”) will be charged.
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Upon Confirmation: a non-refundable 30% percent deposit of the above-listed specified Trip price will be due.
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30 days prior to the first date of travel listed on the Trip itinerary (“Trip Departure Date”): the remaining 70% percent of the above-listed price will be due.
A booking is not accepted, and there is no contract for services between us, until the required deposit is paid and you receive written confirmation from us. Adler & Marlow reserves the right to cancel any reservation that is not fully paid according to the above terms,subject to the cancellation terms below.
The Fine Print:
Once your deposit has been collected, we are unable to make significant changes to your itinerary. This is because the deposit covers the costs of the resources allocated to your Trip, and any changes to the service would require additional resources and time. In addition, changes may not be possible in many situations. We understand that sometimes there may be unforeseen circumstances that could arise and require a change to the original service requested. In such cases, we are happy to discuss possible solutions with you and explore any alternatives that may be available (but cannot guarantee that we will be able to provide any alternatives). If we are able to accommodate a change, you will be responsible for paying any additional fees.
In some cases, there are city tourist taxes or other fees that must be paid on arrival to a hotel and cannot be prepaid by us. In these cases, travelers will need to pay this tax directly to the hotel. It is usually just a few euros per person per night. We are not responsible for any such additional taxes or fees.
We do not make any guarantee about the suitability or availability of accommodations. If the hotels quoted are no longer available at the time of booking or if we find it necessary to make last minute changes to particular accommodations due to local conditions beyond our control, we will do our best to include other hotels or accommodations of the same quality, location, and amenities, if possible.
The order and timing of your trips and experiences may be slightly adapted based on availability and our recommendations for the best possible itinerary at the time of booking.
Fees for Cancellation by You:
Written notice of cancellation must be received by email at concierge@adlermarlow.com, and you will forfeit following percentage of total Trip cost. This cancellation fee will be applied from the date we receive the cancellation notice:
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45 or more days prior to the Trip Departure Date: 20% of total Trip cost
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44-30 days prior to the Trip Departure Date: 30% of total Trip cost
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29-15 days prior to the Trip Departure Date: 75% of total Trip cost
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14 days or less prior to the Trip Departure Date: 100% of total Trip cost
Cancellation and refund schedules for some trips may be more strict; please review your itinerary for any special cancellation terms which may apply.
Particular conditions may apply, where not specified, these General Terms and Conditions will apply. Refunds will be made by wire transfer.
Cancellations or Changes by Us and Flexibility:
Adler & Marlow reserves the right to cancel, alter, modify, postpone or reschedule any Trip without prior notice for the safety and/or comfort of travelers and for circumstances of Force Majeure (see information below). We shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that we take or do not take under this section and under these Terms.
You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives. Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.
In the event of civil unrest, once we have investigated the prevailing situation as we deem fit, it shall remain in the sole discretion of Adler & Marlow whether to proceed with the Trip. If we are of the reasonable opinion that the Trip may proceed, the cancellation provisions of these terms shall apply.
No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any Trip for Force Majeure , whether before or during your Trip. [We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your Trip. This policy is based on the fact that suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. ]
Our administration costs in planning your Trip are also not refundable because of the work involved in planning, booking and management of your itinerary from the moment the Trip is booked. These costs include our Planning Fee and the 30% non-refundable deposit described in the Payment Conditions section above, and are ones that we cannot recuperate because of the time and materials already invested in the Trip.
If Adler & Marlow is affected by Force Majeure, we will, if practicable, notify you of the nature and extent thereof. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
Important Disclaimer:
Our cancellation and refund policy takes into account that we must advance to our suppliers deposits for their services, which are often non-refundable. No refunds will be provided for any unused portion of the Trip once the Trip begins, including if you leave a Trip for any reason, miss the Trip Departure Date, or have to be removed from a Trip. If a flight or other delay for any reason prevents you from joining the Trip at any point, it will be considered a “no show” and no refund will be remitted to you.
In the event of unforeseen circumstances such as inclement weather, canceled or delayed flights, natural disasters, any personal reasons, etc. that may affect your travel plans or alter your Trip plan and your ability to follow the itinerary, we will do our best to accommodate you and offer alternatives. However, we cannot guarantee that we will be able to offer a solution or provide any refund or reimbursement. For this reason, we highly recommend purchasing comprehensive Trip cancellation and interruption insurance to protect yourself in the event of unexpected changes or situations. We also highly recommend that you consider securing "cancel for any reason" travel insurance, which must be obtained soon after your first deposit is paid for your travel.
Passports, Visas, and Other Entry Requirements:
You and those traveling with you assume sole responsibility to independently confirm all documentation requirements for all passports, visas, vaccinations, immunizations and other entry and/or travel requirements of each of your destinations (collectively, the “Travel Requirements”). You assume sole responsibility for, and hereby release Adler & Marlow from, any and all damages incurred as a result of your failure to comply with all applicable Travel Requirements. All passports must contain at least five consecutive blank pages and must be valid for at least six months after the completion of the Trip. If you are visiting multiple countries on your Trip, you may be required to have more than 5 consecutive blank pages. If you have questions about the number of consecutive pages required for your Trip, you can contact Adler & Marlow. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their Trip, as we are not responsible for providing you with this information or documentation. If one parent or guardian plans to bring a minor child without the other parent or parents, some nations have strict documentation requirements. Birth certificates may be required for children 18 years and younger.
Some nations require proof of vaccination for all travelers. Any required inoculations must be recorded by the traveler’s health practitioner on a valid vaccination certificate, which the traveler must carry in his/her possession throughout the Trip. You are also solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. Passport and visa requirements may change at any point in time. It is the responsibility of each traveler to acquire the most up to date travel documents. Adler & Marlow does not represent that the list is exhaustive or current. It is the sole responsibility of each traveler to obtain the necessary documentation for all aspects of their Trip.
Responsibilities:
Adler & Marlow uses the service of agents, affiliates and/or third-party suppliers for various services provided for or associated with your Trip, including but not limited to lodging, meals, transportation, sightseeing, and activities connected to your Trip (“Supplier” or Suppliers”). While we use our best efforts to select the Suppliers for these components of your Trip, you acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed or controlled by us, and are not our agents or employees. A Supplier’s services are subject to the Supplier’s own terms and conditions, and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay cancellation, overbooking, or strike. You acknowledge and agree that Adler & Marlow is not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity.
Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.
Airlines and Others Providing Transportation Services:
Airline tickets are normally highly restrictive, non-refundable and non-transferrable and are normally issued prior to your departure date. You are responsible for any increases in transportation fares, including airfares, up until the time the tickets are issued and for all cancellation, transfer and modification charges and change fees. Neither Adler & Marlow nor its suppliers have control over airline or other transportation company operations. Thus, in addition to other limitations of liability set forth in these Terms and Conditions and other agreements between us that govern your Trip, you agree that Adler & Marlow is not responsible or otherwise liable for any damages arising from or related to any airline timetable/schedule changes, delays, cancellations, missed connections, mechanical problems, inclement weather, seating reassignments, lost/delayed/stolen/damaged baggage, screening and security delays, refused boarding or failures to properly check-in.
Credit/Debit Card Chargeback Policy:
If you are not happy with our services for any reason, you agree not to file a chargeback with your credit or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing these Terms or booking a Trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide these Terms as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.
Limitation of Remedies:
You agree that the sole remedy for any default by Adler & Marlow arising under these Terms shall be the return of the paid Trip cost. To the maximum extent permitted under applicable law, Adler & Marlow shall not be liable for any special, consequential, indirect, incidental or other damages arising out of these Terms, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Adler & Marlow’s has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages.
Optional Activities That May Be Dangerous:
During your Trip, optional activities may be offered and furnished by other independent suppliers who are not affiliated with Adler & Marlow in any way. Some of these optional activities carry with them various risks, including but not limited to attack by wild or domesticated animals, equipment/mechanical problems, and unexpected weather conditions, which can cause serious personal/bodily injury. Please be aware that although precautions may be taken by the suppliers to guard against such dangers, your safety cannot be guaranteed. Please also be aware that you are free to participate in such activities while you are on your Trip and that these activities are not mandatory. However, you must understand that such participation will be at your own risk, and that Adler & Marlow assumes no responsibility or other liability for your safety.
For these reasons, we strongly recommend that you obtain comprehensive travel insurance that covers trip interruption and cancellation, as well as adequate medical insurance that covers personal injury, medical expenses, repatriation costs, and evacuation expenses incurred during your Trip. Note that insurance policies vary and may not provide coverage for the optional activities in which you might be engaged during your trip. For instance, some policies do not cover hot air ballooning while others might. Please consider the nature of your trip and the activities you will be engaged in and obtain appropriate insurance.
Transportation on your Trip and Local Standards:
Adler & Marlow cannot be held responsible for vehicle and/or equipment breakdowns or for injuries to person or property arising out of vehicle/equipment accidents which occur while on your Trip.
Developing countries are not subject to the same ‘health and safety’ regulations that exist in the U.S. Many accommodations, activities, and rules are more relaxed than they would be in the U.S. Swimming pools are unlikely to be fenced or have depth markings. Steps around camps often do not have handrails and may be uneven. Camp pathways are sometimes uneven or slippery and may be unlit at night. You may come in contact with animals and insects. Some vehicles will not have seatbelts; particularly those in safari camps. Drivers may drive faster than you are comfortable with so please ask them to slow down. Life jackets may not be within reach so please ask for them. It is your responsibility to help manage your safety throughout your Trip. If you ever feel uncomfortable, please speak up.
Travel Insurance:
The trip price does not include travel insurance. Adler & Marlow believes that your Trip is a significant investment which you should protect and we strongly suggest that you obtain comprehensive travel insurance including medical coverage through a provider of your choice, covering medical, accident/life, evacuation, and repatriation, which might arise as a result of loss, damage, injury occurring to you, as well as any dependents and traveling companions for the duration of your Trip. We also strongly recommend that you extend your coverage to include trip interruption and cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. To protect your investment given that we cannot provide refunds in most instances, we also strongly urge you to consider a “cancel for any reason” travel insurance policy, which requires timely action as it must be purchased soon after your initial deposit. We will take no responsibility for any costs for loss of personal luggage, money, and goods, medical expenses, theft, damage or cancellation or curtailment of the adventure. You will be charged directly by the relevant service provider for any emergency services you may require.
Incident Report Procedure:
If you have any cause for complaint while on your Trip, you must immediately bring it to the attention of your Trip guide or to Adler & Marlow, who will attempt to resolve the situation. Failure to do so while you are on the Trip will extinguish or reduce your ability to claim compensation from Adler & Marlow. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Adler & Marlow within 30 days of the Trip’s end date.
Compliance with Local Laws and Trip Etiquette:
You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other Trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the Trip, the local guide/supplier has the right in their sole discretion to remove anyone who they determine to detract from others’ enjoyment of the Trip.
Miscellaneous
Severability: If any provision of these Terms shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Terms unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns: These Terms shall inure to the benefit of and be binding upon Adler & Marlow and you and your respective heirs, legal and personal representatives, successors and assigns.
Updates to Terms: We may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up-to-date version available.
Binding Arbitration: You agree that any dispute concerning, relating to, or referencing these Terms, or any other literature concerning your Trip or the Trip itself shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association in Sheridan, Wyoming. Such proceedings shall be governed by substantive Wyoming law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or part of this contract is void or voidable.
Merger: This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.