TERMS AND CONDITIONS

In the text that follows, the terms “Vermont Wayfinders”, “we”, “us” and “our” refer to Vermont Wayfinders, LLC, a specialized travel company offering guided, self-guided and custom tours of Vermont. The terms "you", “your” and “traveler” refer to the person booking travel with us and each of the persons in their group booking.

 

CONTRACT

We draw your attention to the terms and conditions of travel below. These terms and conditions including our Terms of Use, Tour Participant Agreement, and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

If you are making a booking for a group of travelers, you are responsible for sharing these Terms and Conditions with all members of the group and you are financially responsible for the booking. We will not be liable for your failure to share these Terms and Conditions with all travelers in your group. You represent and warrant that (a) you are of sufficient age to use our services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you and the members of your group (if any) is true and correct.

 

VIOLATIONS BY YOU

You agree that any violation of these terms and conditions may result in (a) the cancellation of your booking or purchase, (b) your forfeiture of any monies paid for your booking or purchase, and (c) you being denied access to the applicable travel related product or service.

 

CHANGES TO THESE TERMS AND CONDITIONS

The term “Website” refers to our website located at https://www.vermontwayfinders.com including all pages in that domain. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes on our website at https://www.vermontwayfinders.com/terms-and-conditions, which will be effective immediately on posting. If we make material changes, we will notify you. It is your responsibility to check our website periodically for changes. Your continued use of our services, including continuing to use and maintain any booking following the posting of any changes to the Terms and Conditions constitutes your consent to these changes.

 

DISPUTES

We are committed to excellence in dealing with our customers so we will try to address your concerns in case any problems arise. You agree to give us the opportunity to resolve any dispute related to the Website, our tour guides or our products and services (“Claims”) by contacting us at 248 Parker Hill Road, Springfield, VT 05156. Claims related to an already completed tour should be submitted within 30 days of the tour completion date so that we may investigate them promptly. If we are unable to resolve your Claims within 30 days of your submission you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert a Claim on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or at a location in Springfield, Vermont.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Vermont Wayfinders - Claims Department” at Vermont Wayfinders, 248 Parker Hill Road, Springfield, VT 05156. If we request arbitration against you, we will give you notice at the email address or street address you have provided through the site. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

CLASS ACTION WAIVER

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

 

GOVERNING LAW

The Terms and Conditions of this agreement shall be governed and construed under the laws of the State of Vermont. Any claims against Vermont Wayfinders shall be brought in Windsor County, Vermont or in the U.S. District of Vermont Court.

 

BOOKING AND PAYING FOR A TOUR

Self-guided and Guided Tours on our Website can be booked directly through our Website or through various online travel agency (“OTA”) resellers.

Independently of the type of tour you wish to book, a deposit (“Deposit”) at the time of booking may be required to formalize each booking request. The amount of the Deposit may vary for each tour and will be provided to you before you submit your booking request if there is one. Upon payment of your Deposit, we will verify availability and will attempt to confirm your booking. If there is no availability for your dates, your booking request will be declined, and your Deposit will be returned to you. If there is availability, your booking will be confirmed by us.

After your booking is confirmed, you will receive a confirmation and other important travel information. An invoice, if provided, will contain a breakdown of the elements of your booking and will have your Deposit applied towards your balance. If full payment is not received when due, we reserve the right to consider your booking cancelled. In such a case, this would be considered a cancellation by you and cancellation fees will apply as described in the Cancellation Policy section below.

Once payment in full for your trip is processed, you will receive i) a receipt and ii) your final travel documents, including your Tour Participation Agreement for signature. Please review all documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any errors.

All travelers in your booking must sign the Tour Participation Agreement no later than 1 day before your tour start date. If any of the travelers in your booking have not signed by this date, we reserve the right to consider your booking cancelled. In such a case, your booking will be considered to have been cancelled by you and cancellation fees will apply as per the Cancellation Policy. The Tour Participation Agreement can be found at https://www.vermontwayfinders.com/tour-participation-agreement

 

RIGHT TO LIMIT SALES AND PARTICIPATION

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order or booking that you place with us. We also reserve the right to decline to accept or retain you as a participant in any of our tours if we deem, in our sole discretion, that accepting or retaining you would be detrimental to the tour.

 

PAYMENT METHODS

We accept major credit cards via our reservation partners as well as cashier checks, personal checks, ACH transfers and Wire Transfers for payment. A non-refundable $30 fee will be charged for all returned payments.

 

CREDIT CARD PAYMENTS

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide written or electronic authorization for every transaction. Your authorization is an agreement with us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the Cancellation Policy.

In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask that you first call us to discuss any questions or concerns about our charges. We will work with you to resolve your concerns. Vermont Wayfinders retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. With respect to any chargeback related to a Self-Guided Tour, Vermont Wayfinders shall be entitled to assume that you completed your tour. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel booking related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any of the following chargebacks:

  • Chargebacks resulting from non-cancellable bookings, whether the booking is used or not.

  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.

  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Vermont Wayfinders or a Supplier.

  • Chargebacks for charges resulting from Cancellation fees related to our application of the Cancellation policy.

 

PRICE AND RATE CHANGES

Tour Prices advertised on our Website and promotional materials are per tour unless indicated otherwise. All prices we advertise are accurate as of the date of publication, but we reserve the right to change any of those prices from time to time. Prices do not include local and state taxes; these will be added to the final price. Prices also do not include related processing and/or reseller fees, which will also be added to the final price. This final price will be calculated for you before you make payment. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the applicable price at the time of booking.

 

EXCLUSIONS

Any items, services and matters not referred to in your itinerary specifically as “included” are not included in the price. These include, but are not limited to, items such as trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; beverages and meals not detailed in the itinerary; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the tour, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

 

DISCOUNTS AND PROMOTIONS

Discounts and promotions may be subject to specific terms and conditions published together with them, such as a different payment schedule and/or cancellation fees. By booking at the discounted or promotional price, you agree to those specific terms.

 

CHANGING YOUR TOUR BOOKING

Tour participation is not transferable. You may not assign your booking to another traveler.

Rescheduling Your Tour Date

  • You may request to reschedule your tour booking once for a later departure date within the same calendar year, provided that you submit a booking change request at least 14 days before your original tour departure date.

  • Any additional rescheduling requests will not be accepted and will be treated as cancellations, subject to the cancellation fees outlined in the “Cancellation Policy” section.

  • A $100 rescheduling fee will apply to any approved date change request.

  • All booking change requests are dependent on availability. If we are unable to secure availability for your new requested dates, your change request will be denied at our sole discretion, and your original reservation will remain as is.

 Modifications to Services

  • Once your reservation is confirmed, services included in the package cannot be removed or downgraded. You may, however, request to add additional services to your booking up to 3 days before your tour departure date.

  • These additions are based on availability, and if we are unable to confirm the requested services, your booking change request for those services will be denied, and the reservation will remain unchanged.

Submission of Change Requests

  • All booking change requests must be submitted in writing via email or certified mail. The date of your booking change request will be the date on which we acknowledge receipt of your email or the date on your mail postmark, respectively.

Pricing Adjustments for Changes

  • Booking change requests may result in a change to the tour price due to updated rates, seasonal adjustments, or the addition of new services.

  • If there is a price difference, we will notify you, and you may decide whether to proceed with the change at the new rate.

  • If you do not accept the adjusted price, your booking change request will be denied, and your original reservation dates and services will remain.

Scope and Denial of Change Requests

  • Booking change requests that do not fall within the scenarios discussed in this section will also be denied.

  • If your booking change request is denied and you are unable or unwilling to travel on your originally booked tour dates, you will have to submit a cancellation request.

 Booking cancellation requests are not considered booking change requests and are subject to the cancellation fees shown in the Cancellation Policy section.

 

ITINERARY CHANGES

The itinerary provided represents what we have planned for your tour, but it is subject to confirmation and changes in local schedules. We commit to making our best effort so that itineraries are followed as planned. However, it is possible that traffic conditions, weather, holidays, facilities opening hours, construction or circumstances outside our control interfere with the regular schedule, causing itineraries to be modified. We reserve the right to modify the itinerary at our sole discretion and you will not be entitled to compensation for these changes. We are not responsible for costs or fees you incur due to itinerary changes caused by changes in an airline’s schedule or other elements outside our control.

 

CANCELLATION POLICY

 Vermont Wayfinders’s cancellation policy is in effect upon your first payment toward any tour. Cancellation requests must be submitted in writing by email or certified mail and are effective on the date your email was acknowledged as received by us or your mail postmark, respectively. Cancellations are subject to cancellation fees based on the date your cancellation is effective. Cancellation fees for Tours are shown on the respective sections below and are expressed as a percentage of the total price of the tour you purchased.

Cancellation fees for Guided Tours:

  • Between 30 and 3 days before departure = 50%

  • Less than 3 days before departure = 100%

No shows. If you don’t show up for your tour you will be considered to have cancelled your trip and you will forfeit all your payments. Your bookings will be cancelled and cannot be reinstated.

 We are not able to waive cancellation fees for any reason.

Cancellation by us

We reserve the right to cancel any Guided Tour because of our concerns with respect to the safety, health or welfare of our travelers or staff.

 If we cancel a Guided Tour, our liability is limited to a full refund of your payments to us. If a Tour in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour. If we cancel a Guided tour, we will not be liable for losses or fees that you may incur by having to reschedule or cancel travel arrangements that you purchased outside the tour itself, such as fees, travel insurance, airline or other transportation tickets.

 

TRAVEL PROTECTION

Travel Protection coverage is NOT included in our tours. It is the traveler’s responsibility to protect their travel purchases. For this reason, we strongly encourage you to purchase travel insurance that helps protect your investment. Travel protection plans can cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. 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 such as injury or illness before or during the trip). These plans can also help with reimbursement for medical emergency costs (including costly medical evacuation costs), missed connections and baggage loss. Be advised that Travel Protection Plans must generally be purchased shortly after your tour booking is formalized.

Vermont Wayfinders is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Vermont Wayfinders cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, please call your insurer or insurance agent or broker

 

PHOTOGRAPHY and VIDEO

You agree to grant us (and any third parties with whom we may engage in joint marketing) a worldwide, royalty-free, fully paid-up license to use photographs and video of you obtained during the tour by us, solely for our promotional and/or commercial purposes in printed and electronic media. You release Vermont Wayfinders and its representatives from any liability in connection with any use of such photographs and/or video. If you do not want any photos or videos that include you or your party used by Vermont Wayfinders for marketing purposed, please inform us at the start of your tour.

 

LIMITATION OF LIABILITY

Vermont Wayfinders, and its employees, shareholders, agents, and representatives may use third party suppliers to arrange tours. Vermont Wayfinders is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Vermont Wayfinders does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. Carriers, hotels and other suppliers providing travel or other services at the time of your tour are independent contractors and not agents or employees of Vermont Wayfinders. Therefore, Vermont Wayfinders expressly disclaims any and all liability for any personal injury, death, property damage, loss of baggage, accident, delay or irregularity, any claim for special or consequential damages, or any other loss that may be occasioned by the acts and/or omissions, whether negligent, wrongful or intentional of any such supplier including but not exclusively air carriers, hotels/motels or other lodging operators, railroad operators, bus operators, public transportation companies, sea carriers, local sightseeing companies, tour operators, tour directors (“Guides”) and any employees thereof that are not under the direct supervision and control of Vermont Wayfinders when engaged in conveying the traveler or in carrying out the arrangements of the tour, or otherwise in connection therewith. Group administrators and tour directors also expressly disclaim any liability for the acts and/or omissions of any of the above entities or individuals not directly under their supervision or control. We also expressly disclaim liability for a supplier’s failure to perform, intent to cancel or for supplier bankruptcy or insolvency. Be advised that the liability of carriers, hotels and accommodation providers is also limited by law, and you may want to consider purchasing Travel protection to protect yourself against any losses of injuries suffered as a result of their acts or omissions.

Vermont Wayfinders 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, public health events or government travel advisories 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 Vermont Wayfinders 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 Vermont Wayfinders.

Vermont Wayfinders likewise disclaims any liability for statements, actions, inactions of any intermediary agents, if applicable, involved with the selling, promotion and operation of the Tours.

In no case shall Vermont Wayfinders, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or products procured through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.

If despite the limitation in this section, Vermont Wayfinders or our suppliers are found liable for any loss or damage arising from the above causes, then the liability of Vermont Wayfinders and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to Vermont Wayfinders in connection with the products and services or (b) One Hundred Dollars (US$100.00).

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vermont Wayfinders and our subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any expenses, losses, liabilities, damages, judgments, settlements and costs involved with or incurred by Vermont Wayfinders (including without limitation reasonable attorney’s fees and the advancement of same) with respect to any claims, lawsuits, arbitrations or other causes of action which result, directly or indirectly from (i) your breach or violation, or threatened breach or violation, of this agreement and (ii) any damages caused by you while participating in a tour.

SEVERABILITY

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and right to enforce any of the remaining provisions.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Tour Participation Agreement and the Terms of Use constitute the entire agreement and understanding between you and Vermont Wayfinders, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms and Conditions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VERMONT WAYFINDERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VERMONT WAYFINDERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VERMONT WAYFINDERS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

VERMONT WAYFINDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF VERMONT WAYFINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERMONT WAYFINDERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF VERMONT WAYFINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERMONT WAYFINDERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VERMONT WAYFINDERS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL VERMONT WAYFINDERS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500).

VERMONT WAYFINDERS’ SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE A TOUR, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT VERMONT WAYFINDERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TOUR, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.