Booking Terms
1. General
Femscape Sojourns, LLC (“Company”, “we”, or “us”) is the owner and operator of this website, http://www.femscapesojourns.com (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company.
Please read these Terms of Use carefully to understand our terms regarding your use of the site and services offered by Femscape Sojourns. If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms of Use.
It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
These terms of use are effective as of February 21, 2018.
2. Order Acceptance
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
Return Policy: *For Femscape Boutique items, we have a nonrefundable, no return policy on all purses and items of clothing. You can return travel items and home goods items such as pillowcases, throws, placemats or napkins within 14 days as long as they are in the same condition as when you received them.
The statements below are for individuals who are traveling with us on a trip:
3. Prices and Payment Terms
Posted prices include the accommodations for the stated length of the trip; posted meals; posted group activities and guides; and transportation to and from the stated activities and all items listed as covered on that specific trip. Posted prices do not include airfare to and from the retreat location; personal excursions; goods and services that you add to the scheduled activities; alcoholic beverages; gratuities; additional meals and beverages; duties; and extension of your stay beyond the planned trip, laundry, mini bar items, food ordered through room service and any item not specifically stated as covered.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
4. Reservation and Payment Policy
If you would like to travel with us, please check with the terms for each trip as the payment policy varies depending on the various arrangements that have been made for that specific trip. To reserve your spot for all of our trips, you can submit a nonrefundable deposit to secure your booking. This deposit is applied to the cost of the trip. Before you pay the deposit, create an online account so that you can see your receipt and your payments. If Femscape Sojourns does not receive your total payment on the payment due date, we reserve the right to cancel your reservation and you will forfeit your deposit. If you do not pay for the trip in full by the due date or do not cancel by the due date, the payments you have made will be non-refundable and non-transferable to a different getaway or trip. More details are given on each of the trip pages. We accept Visa, MasterCard, and PayPal.
Vaccine Requirements
All travelers are required to show proof of COVID-19 vaccination when booking a trip with Femscape Sojourns. In addition, some countries require proof of vaccination upon arrival, therefore, we ask that you bring your proof of vaccination record with you on the trip.
5. Travel Insurance
Unexpected events happen in life which can cause you to change your plans. Travel insurance is mandatory for everyone traveling with us. Your travel insurance must provide coverage against medical expenses, personal accident, emergency repatriation, and death with a recommended minimum coverage of US$200,000 for each of the categories listed above. We also strongly recommend it covers personal liability, cancellation, loss of luggage and personal items, and curtailment. Most insurance agencies require that you purchase travel insurance within 14 days of booking your reservation. At times, depending on the type of policy your purchase, travel insurance may pay for all or some of your cancellation fees.
6. Pre-Departure Documentation
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 5 days of your receipt of those documents. This agreement, a waiver of liability and assumption of risk agreement and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose any cancellation fees described in this agreement.
7. Passports and Visas:
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
8. Health Requirements and Medical Care:
Our tours may be physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. If you are required to return our medical statement by a specified deadline, and fail to do so, we reserve the right to prohibit you from departing on the tour and to charge a cancellation fee. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands. Femscape Sojourns assumes no responsibility for any medical care provided to you, including those that Femscape Sojourns makes on your behalf. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
9. WAIVER OF LIABILITY, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Responsibility: Femscape Sojourns LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “FS”), which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, or of any other person or entity. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.
Assumption of Risk: I have voluntarily applied to participate in the tour on which I am booked, which will include, but is not limited to the activities listed for that specific tour, transportation and travel to each activity, and/or other cultural activities (“Cultural Activities”). I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Cultural Activities; negligence in any manner on the part of Femscape Sojourns LLC; emotional trauma; accidents; illness; allergic reactions; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; violence or criminal acts of others; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climatic or weather conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Femscape Sojourns’ control.
I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.
I also hereby consent, give authorization to, and release from liability all trip leaders to secure any emergency medical treatment in the event I am unable to, and I agree to be responsible for the costs thereof.
Release of Liability: As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Femscape Sojourns LLC, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Femscape Sojourns, LLC., I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Femscape Sojourns LLC, their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Femscape Sojourns LLC.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release Femscape Sojourns LLC from any and all liability to the maximum extent permitted by law.
Indemnification: I further agree to “indemnify” (meaning to defend and to pay or reimburse) Femscape Sojurns, LLC. against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the expedition or my participation in the Cultural Activities. Binding Arbitration: I agree that any dispute concerning, relating, or referring to this agreement, Femscape Sojourns LLC’s advertising or any other materials that concern my tour, the tour itself, or any claim for damages due to loss, injury, or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Virginia Beach, Virginia, USA, in accordance with the rules of the American Arbitration Association. 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 any of this contract is void or voidable.
Knowing and Voluntary Execution: I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I understand that in calculating the cost of the tour, Femscape Sojourns, LLC. has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, Femscape Sojourns, LLC. would not be able to offer these services. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
10. Complaint Procedure:
If you have a complaint during your tour, you must promptly notify Femscape Sojourns or your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from Femscape Sojourns. 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 Femscape Sojourns within 7 days of the tour’s end date. Femscape Sojourns will not accept any liability for claims received after this period.
11. 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 tour, Femscape Sojourns or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
12. Images Release
You agree that Femscape Sojourns may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection or credit, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
13. Supplier Relationship
Femscape Sojourns acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your tour (“Suppliers”). You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by Femscape Sojourns, and are not agents or employees of Femscape Sojourns. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country.
14. Cancellation Policies
Cancellation charges reflect the many expenses Femscape Sojourns and their partners cannot recover if you need to cancel, even if you must do so due to a personal emergency. This policy is not meant to be punitive. Femscape Sojourns and their partners have incurred various charges in reserving your place on this journey and planning for your participation. Please note that we do not make any refunds for any unused portion of your trip, not arriving, arriving late or leaving the trip early.
Please refer to each trip for specific details on cancellation policy.
To cancel your trip, please contact us via email at Femscapesojourns@gmail.com specifically stating that you would like to cancel your trip. We will process your cancellation within 10 business days. The cancellation policy date applies from the date we receive your email request.
We reserve the right to cancel, alter or modify any tour without prior notice “for any reason”. 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, we will, as soon as reasonably possible, notify you of available alternatives.
In the unlikely event we would ever need to reschedule or cancel a retreat (unless due to events beyond our control) we will refund the full retreat payment that you have paid to Femscape Sojourns. You will not be reimbursed for any personal expenses such as airfare, hotels not booked through us or other travel-related expenses due to changes in itineraries or tour cancellations.
Please do contact us before you book your ticket so that we can ensure that you have the right dates for arriving and departing.
15. Services Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
16. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If Femscape Sojourns or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour.
17. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, ANY CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE APP, THE SERVICES, ANY BETA FEATURES OR ANY CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SITE, CONTENT, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, Femscape Sojourns, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
20. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
22. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon Femscape Sojourns LLC and the User and their respective heirs, legal personal representatives, successors and assigns.
23. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
24. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
25. Your Comments and Concerns
This website is operated by Femscape Sojourns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to femscapesojourns@gmail.com