Please read the following information carefully. By registering for an “Expedition” (as defined herein), the participant (“Participant”) agrees to the Responsibility Statement and Operator-Participant Contract and Terms and Conditions below (the “Agreement”). In order to secure a reservation on the Expedition, the Participant must indicate his/her acceptance of the terms of the Agreement by signing the Knowing and Voluntary Execution of Responsibility Statement and Operator-Participant Contract and Terms and Conditions, and pay a deposit.
National Geographic Expeditions (a division of National Geographic Partners, LLC and its subsidiary Global Adrenaline, LLC, located at 1880 Oak Avenue, Suite 100, Evanston, Illinois 60201) is the principal and is responsible for providing the Africa by Private Jet Expedition as outlined in its catalog and on its website (natgeoexpeditions.com) (“Expedition”). All transportation carriers, hotels, ground operators, medical providers, and other suppliers of services connected with specific Expeditions (“Other Providers”) are not agents or employees of National Geographic Expeditions but are independent contractors over whom National Geographic Expeditions has no control. The Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the Participant; the carriers are not responsible for any act, omission, or event during the time the Participant is not aboard their conveyances.
National Geographic Partners, LLC, its parent, subsidiaries (including Global Adrenaline, LLC), and their respective employees, affiliates, officers, directors, successors, representatives, and assigns (collectively “National Geographic”) will not be held liable for: (A) unless negligent, any damage to, or loss of, property, or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control; and (C) any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages, or otherwise which may arise out of or occur during the Participant’s travel in connection with the Expedition. The Participant waives any claim against National Geographic for any such loss, damage, injury, or death, including any right to seek consequential, punitive, or exemplary damages against National Geographic for any reason whatsoever, except as expressly provided for herein. National Geographic shall not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket.
National Geographic Expeditions reserves the right in its sole discretion to accept, decline to accept, or remove the Participant on or from an Expedition if National Geographic Expeditions judges the Participant to be incapable of meeting the rigors and requirements of participating in the Expedition, or judges the Participant’s actions to be unsuitable for group travel. In recognition of the inherent risk of the travels and related activities in which the Participant is intending to engage, the Participant willingly and voluntarily assumes full responsibility for any injury, loss, or damage suffered by or caused by the Participant. National Geographic Expeditions reserves the right, without penalty, to make changes in the published Expedition itinerary whenever, in its judgment, conditions warrant or if it deems it necessary for the comfort, convenience, or safety of the participants.
National Geographic will not be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the Participant's Expedition departure city. Baggage and personal effects are at all times the sole responsibility of the Participant.
OPERATOR-PARTICIPANT CONTRACT AND TERMS AND CONDITIONS
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE PARTICIPANT AND NATIONAL GEOGRAPHIC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE PARTICIPANT AND NATIONAL GEOGRAPHIC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY ACCEPTING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE ARBITRATION AGREEMENT.
EXPEDITION PRICE: $89,995 per person (double occupancy) with a $8,990 single supplement.
BASIS OF RATES: All prices are based on two persons sharing a room, unless otherwise noted. All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of catalog publication date and are subject to change due to unforeseen circumstances. While National Geographic Expeditions will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, National Geographic Expeditions reserves the right to do so and will notify the Participant at the time of final invoicing. See INTINERARY CHANGES below for surcharges resulting from Major Change.
RESERVATIONS AND PAYMENTS: To reserve a place on the Expedition, a deposit of $5,000 per person and a signed acknowledgement of this Responsibility Statement and Operator-Participant Contract and Terms and Conditions is required. The deposit may be made by check, wire transfer, or major credit card. Payment instructions will be shared with the Participant by National Geographic Expeditions upon initial contact. Call toll-free 1-888-227-7265 or 1-312-757-5233 to make your reservation. The second payment of $20,000 per person and final payment are payable by check or wire transfer only. The second payment is due December 8, 2019. Final payment is due April 6, 2020. Payment instructions for the second and final payments will be included with each invoice. With the Participant’s authorization, if the Expedition is fully booked when a Participant’s reservation request is received, National Geographic Expeditions can collect the deposit and place the Participant’s name on a waiting list in the event other participants cancel their reservations. Even if the Participant authorizes National Geographic Expeditions to put his/her name on a waiting list and collect his/her deposit, National Geographic Expeditions will notify the Participant within 7 days if the Expedition is still fully booked.
WHAT IS INCLUDED IN THE PRICE: A privately chartered Boeing 757 that departs from London, England, and returns to Rome, Italy, as indicated in the Expedition itinerary. Deluxe or best available accommodations and all applicable taxes in the destinations and options as indicated in the catalog or on the website, from arrival at the first hotel through departure from the last hotel. All meals beginning with dinner on the first night of the Expedition and ending with breakfast on the last morning of the Expedition. All taxes; airport transfers at the beginning and end of the Expedition; group transportation; excursions; special events and activities; extensive program of options at most destinations; enrichment program, including lectures by a team of experts; services of professional staff, including an Expedition Physician; amenities package; $50,000 medical evacuation insurance (which includes minimal accident/sickness/baggage insurance) for covered reasons; bottled or potable water throughout the Expedition (during sightseeing, at scheduled meals, and in the Participant’s room); all beverages, including liquor, aboard the private jet; liquor during special events and cocktail parties on land; house wine and/or beer at lunch and dinner; nonalcoholic beverages at all scheduled meals on land; baggage handling during the Expedition; Internet access in hotels, where available; and tips or gratuities to Expedition staff, private jet crew, local guides, drivers, porters, and waitstaff. Any tips or gratuities not specifically mentioned as included in the total Expedition price will be at the Participant’s discretion. No refund will be made for any accommodations or services included in the Expedition price that the Participant voluntarily does not use. The exact Expedition itinerary, name and location of hotels, length of stay at each hotel, and other ground accommodations and services are set forth in the Expedition itinerary, which is by this reference expressly incorporated into this Agreement.
WHAT IS NOT INCLUDED IN THE PRICE: Commercial airfare from the Participant’s home city to London, England, and from Rome, Italy, to the Participant’s home city; optional and additional accident/baggage/cancellation insurance; passport and visa fees; personal expenses such as laundry, telephone, and fax fees; all beverages not mentioned above as included; hotel minibar charges; meals not scheduled by National Geographic Expeditions; any tips or gratuities not specifically mentioned as included in the total Expedition price; cost of pre-trip inoculations obtained as a condition of participating in the Expedition; personal medications; and any medical expenses, medical evacuation, hospitalization, or other emergency medical service not supplied by an Expedition Physician or covered by the provided medical evacuation insurance.
SINGLE/SHARED ACCOMMODATIONS AND SUITE UPGRADES: A limited number of single rooms are available at an extra cost on a first-come, first-served basis. National Geographic Expeditions will make reasonable efforts to assist persons requesting a roommate. Participants will be notified if a suitable roommate is found. If a roommate is not confirmed, the single rate will be charged. Suite rooms are available in some destinations; more information about them, including their extra costs, will be sent to the Participant in the months before departure.
ELIGIBILITY: Anyone under 18 must be accompanied by a parent or guardian for the entire Expedition. Some Expedition itineraries have minimum age requirements—call for more information. All Participants are expected to be comfortable traveling as part of a group and ready to experience cultural differences with grace.
CANCELLATIONS AND REFUNDS: If the Participant cancels his/her reservation or changes his/her plans, the Participant’s right to receive a refund is limited, as described in the following schedule. All requests for refunds must be sent to National Geographic Expeditions in writing via mail, fax, or email. All cancellations will become effective as of the date of the postmark or email receipt.
If the Participant’s notice is received... The Participant will receive a refund of all deposits less a...
On or before August 4, 2019 $2,500 per-person cancellation fee.
From August 5 to December 8, 2019 $5,000 per-person cancellation fee.
From December 9, 2019 to February 6, 2020 $15,000 per-person cancellation fee.
From February 7 to April 6, 2020 $25,000 per-person cancellation fee.
On or after April 7, 2020 No refund.
Refunds will be processed in the manner in which payment was received within 14 days of receipt of the Participant’s notice of cancellation. Leaving an Expedition in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an Expedition. If the Participant cancels and provides a substitute participant for the Expedition, the Participant will receive from National Geographic Expeditions a full refund of money paid toward the price once the substitute participant has paid in full. A Participant who paid the deposit by credit card shall have a right to a full refund until this Agreement is signed. Please note that the costs for visas, commercial air tickets, insurance, suite upgrades, and pre- or post-Expedition independent arrangements may not be refundable.
ITINERARY CHANGES: The Expedition itinerary and staff presented in the catalog or on the website are subject to modification and change by National Geographic Expeditions. Every reasonable effort will be made to operate the Expedition as planned, but alterations may still occur after final itineraries are sent. In addition, should unforeseen world events or conditions require the Expedition itinerary to be altered, National Geographic Expeditions reserves the right to do so for the safety and best interest of the group. National Geographic Expeditions reserves the right to cancel any Expedition in the event inadequate enrollment makes the Expedition economically infeasible to operate, except as provided below. In such a case, National Geographic Expeditions will provide the Participant with a full refund of the monies paid to National Geographic Expeditions for the Expedition.
National Geographic Expeditions reserves the right to cancel a trip for any reason, provided National Geographic Expeditions notifies you in writing within 7 days after the cancellation occurs, but no later than 10 days before the scheduled departure date. A full refund will be made within 14 days after such cancellation. National Geographic Expeditions will not cancel an Expedition less than 10 days before departure, except for circumstances that make it physically impossible to perform the Expedition. If such a circumstance occurs, National Geographic Expeditions will notify you as soon as possible; and if the trip is canceled, National Geographic Expeditions will refund all monies within 14 days. If National Geographic Expeditions makes a pre-departure “Major Change” to a trip, you may cancel up to 24 hours before departure and receive a full refund within 14 days after cancellation. Only the following constitute “Major Changes:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than 48 hours will always be considered a “Major Change;” (ii) a change in the origin or destination city; or (iii) a price increase of more than 10 percent occurring 10 or more days before departure. If a “Major Change” occurs, National Geographic Expeditions will notify you within 7 days after learning of the change but at least 10 days before the scheduled departure. If National Geographic Expeditions first knows of the “Major Change” less than 10 days before departure, National Geographic Expeditions will notify you as soon as possible. If a “Major Change” which you are unwilling to accept occurs after your initial outbound flight has been completed, National Geographic Expeditions will refund, within 14 days after your scheduled return day, that portion of your payment which applies to the service not provided.
NECESSARY DOCUMENTATION: Participants are responsible for obtaining any documents required for their participation in the Expedition prior to the trip, such as a valid passport, all visas, vaccination certificates, completed Physician Approval for Travel forms, and any other documents. To participate in the Expedition, visas and/or entry permits may be required for some countries. Acquiring visas and/or entry permits is the responsibility of the Participant. Failure to obtain necessary documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting a Participant due to travel without the necessary document will be the Participant’s responsibility. National Geographic Expeditions will provide information on the necessary visas and/or entry permits in pre-departure documents; provided that National Geographic Expeditions does so for informational purposes only. Participant must verify the travel documents required for his/her travel. National Geographic Expeditions is not liable for any damages resulting from Participant’s reliance on advice provided by National Geographic Expeditions regarding travel document requirements.
BAGGAGE: On the private jet, the Participant is limited to 90 pounds of checked baggage in 2 bags (one bag of the Participant’s choice limited to 50 pounds and one wheeled bag that National Geographic Expeditions will send to the Participant ahead of time for use on the Expedition limited to 40 pounds), plus a few smaller carryon items like a backpack and/or camera. In certain countries, participants may fly on private light aircraft. Due to weight restrictions on these flights, the Participant will only be allowed one bag, provided to the Participant by National Geographic Expeditions, plus his/her carryon luggage (including camera equipment). For international flights, the air carrier’s liability is limited to the actual value of the baggage but not more than 1,131 Special Drawing Rights, approximately $1,600 per participant, unless a higher value is declared at the time of check in and an appropriate excess valuation charge is paid. Baggage, when not handled by National Geographic Expeditions, and personal effects are at all times the sole responsibility of the Participant.
AIRCRAFT: The private jet flights will be performed using a Boeing 757 jet with 52 VIP-style seats. The air carrier for the Expedition will be Icelandair, Reykjavíkurflugvöllur, IS-101 Reykjavík, Iceland. National Geographic Expeditions and the air carrier reserve the right to substitute equivalent aircraft or scheduled service, if necessary. Participants who actually travel on scheduled service will receive only the protections applicable to such scheduled service. The Participant’s Expedition itinerary may include flights on smaller aircraft operated by local approved airline carriers. Seating on these aircraft will be economy or economy with limited business seats, based upon the configuration of the aircraft.
INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights for any particular flight leg of the Expedition, that flight leg will be canceled and alternative arrangements may be made at the discretion of National Geographic Expeditions. Alternatively, the Participant may cancel his/her reservation and receive a full refund if a flight leg is cancelled prior to first departure, or a refund of the unused itinerary if a flight leg is cancelled after first departure.
COMMERCIAL AIRFARE: National Geographic Expeditions may be able to assist the Participant in reserving commercial flights from his/her home city to London, England, and from Rome, Italy, to his/her home city, in the class of service that the Participant prefers. Please ask for details.
INSURANCE: National Geographic Expeditions strongly recommends trip-cancellation, health, and accident insurance, which is available at an additional cost. For more information about and to enroll in an option available through Travel Insurance Services, visit the “Travel Insurance” section of National Geographic Expeditions’ website at natgeoexpeditions.com. Insurance premium payments are subject to the policies of the insurance carrier.
The Participant certifies that either: (i) the Participant has health insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant; or (ii) the Participant agrees to pay all costs of rescue and/or medical services that may be incurred on the Participant’s behalf.
HEALTH ACCOMMODATIONS: National Geographic Expeditions welcomes travelers with disabilities on all of its trips. However, not all trips may be suitable for all travelers, and certain activities may present challenges for Participants with limited mobility, stamina or endurance concerns, or other types of disabilities or special needs. For Expeditions with destinations outside the United States, any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made so that National Geographic Expeditions can determine whether or not reasonable accommodations are available. Walking and climbing stairs are required on most excursions, at many destinations and hotels, and to board and disembark aircraft at many airports. Boarding assistance will be provided at all U.S. airports, the first foreign airport after departure from the United States, and the last foreign airport before arrival in the United States, as provided by Part 382 of the U.S. Department of Transportation’s rules, but other airports may not provide assistance. If the Participant cannot participate in the Expedition at a reasonable pace, or requires extra assistance, arrangements may be made for private touring at each destination, if necessary, at the discretion of our Expedition staff. Depending upon the nature of the arrangements, extra costs for such arrangements will be the responsibility of the Participant. If any Participant would like to forgo some of the scheduled sightseeing to rejuvenate and relax, he/she may feel free to do so at any time. Please call National Geographic Expeditions for further details if you require reasonable accommodation to participate on this Expedition.
PHYSICIAN APPROVAL FOR TRAVEL: National Geographic Expeditions has engaged an independent physician group to staff the Expedition with a U.S.-licensed physician (“Expedition Physician”). The Expedition Physician assists National Geographic Expeditions with determining whether an individual may be able to/ought to participate in the Expedition, and is available to Participants to provide professional medical services during the trip. The Participant understands and agrees that Expedition Physician is not an agent or employee of National Geographic Expeditions.
As a condition of participation in the Expedition, the Participant must obtain his/her personal physician’s approval to join this Expedition. National Geographic Expeditions will send the Participant a Physician Approval for Travel form for his/her personal physician to complete. The completed form should be submitted directly to the Expedition Physician at the address provided on the form. The Participant understands and agrees that Expedition Physician may share information from the completed form with National Geographic Expeditions. For the latest recommendations on specific health precautions for the areas visited, the Participant should consult his/her physician and the Centers for Disease Control and Prevention.
MEDICAL EMERGENCIES: The Participant agrees that, should the Participant (i) experience any injury or illness while participating in the Expedition and (ii) become incapacitated such that he/she is unable to direct his/her own care, then National Geographic Expeditions may, in its discretion, rely on the direction of: Participant’s travelling companion, if any; Participant’s emergency contact; an Expedition Physician; or other Expedition staff, to authorize any necessary medical treatment including, but not limited to: X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care. Such treatment is to be rendered under the general or specific supervision of a physician licensed in the United States or, if in a foreign country and no U.S.-licensed physician is reasonably available, a duly licensed physician.
In the event of any emergency, medical or otherwise, the Participant authorizes National Geographic Expeditions and the Expedition Physician to release any information necessary to obtain medical or other emergency services to any person providing such services. The information that may be released includes, without limitation, the information set forth on the Physician Approval for Travel form submitted by Participant.
PHOTOGRAPHY: National Geographic Expeditions reserves the right to take photographs or videos during the operation of any Expedition or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on the Expedition, the Participant agrees to allow his/her likeness to be used by National Geographic and National Geographic–authorized third parties without compensation to the Participant. If the Participant prefers that his/her likeness not be used, he/she must notify National Geographic Expeditions in writing prior to departure of the Expedition.
Copyright of all photographs, video, and related materials created by the Participant (“Expedition Materials”) will belong to the Participant upon creation. The Participant grants to National Geographic a nonexclusive, worldwide, irrevocable license to use any Expedition Materials provided to National Geographic in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of National Geographic’s travel programs, or promotion of the mission of National Geographic.
ASSUMPTION OF RISK: By registering for an Expedition, the Participant acknowledges that he/she is aware that travel such as on the Expedition he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury, or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The Participant further acknowledges that weather conditions may be severe, adverse, and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the Expedition, and that when available may not be of the quality which exists in the United States.
(1) National Geographic and the Participant agree that any and all disputes and claims that the Participant and National Geographic may have against the other that arise out of or relate to this Agreement and the Expedition, including the breach, termination, enforcement, interpretation, or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual, and fair arbitration process, and not in court. The Participant and National Geographic agree to give up the right to sue in court. The Participant and National Geographic also agree to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) the Participant and National Geographic retain the right to sue in small claims court, and (ii) the Participant and National Geographic may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive termination of this Agreement.
(3) Any arbitration between the Participant and National Geographic will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the Participant and National Geographic cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.
(4) If either the Participant or National Geographic wants to arbitrate a Dispute, the Participant or National Geographic must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Expedition to which the Notice relates, and the relief requested. The Participant’s Notice to National Geographic must be sent by mail to Arbitration Notice of Dispute, c/o Business and Legal Affairs, Litigation VP, 1145 17th Street NW, Washington, D.C. 20036. National Geographic will send any Notice to the Participant at the contact information National Geographic has for the Participant or that the Participant provides. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after the Participant or National Geographic sends a Notice to the other, the Participant and National Geographic may try to reach a settlement of the Dispute. If the Participant and National Geographic do not resolve the Dispute within those first 45 days, either the Participant or National Geographic may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, the Participant must send a copy of this completed Arbitration Form to National Geographic at the address listed above to which the Participant sent the Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if the Participant wishes to commence an arbitration against National Geographic, and the Participant is seeking to recover less than $10,000 (inclusive of attorneys’ fees), the Participant will not have to pay this filing fee; National Geographic will pay it on the Participant’s behalf. If the Participant is seeking to recover $10,000 or more, the Participant will have to pay the filing fee charged by AAA, but National Geographic will reimburse that fee if the Participant wins the arbitration.
(6) If the Participant is seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either the Participant or National Geographic may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither the Participant nor National Geographic request one, National Geographic will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) The Participant and National Geographic may incur attorneys’ fees during the arbitration. In addition to whatever rights the Participant may have to recover the Participant’s attorneys’ fees under Applicable Law, if the Participant prevails in the arbitration, and if National Geographic failed to make a settlement offer to the Participant before the arbitration or the amount the Participant wins is at least 25% greater than National Geographic’s highest settlement offer to resolve the Dispute, then National Geographic will pay the Participant’s reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If National Geographic wins the arbitration, the Participant will be responsible for the Participant’s own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order National Geographic to pay any monies to or take any actions with respect to persons other than the Participant, unless National Geographic explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. THE PARTICIPANT AND NATIONAL GEOGRAPHIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless National Geographic agrees, the arbitrator may not consolidate other persons’ claims with the Participant’s, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void, but the rest of this Agreement, including the provisions governing where actions against National Geographic must be pursued, will remain in effect.
(10) The Participant and National Geographic agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
MAILING LIST: To update a mailing address, notify National Geographic Expeditions of duplicate catalogs, or to be removed from future National Geographic Expeditions mailings, please call toll-free 1-888-227-7265.
OTHER: The applicable Terms and Conditions may vary from those listed above based upon the specific Expedition selected by the Participant. A copy of the final Terms and Conditions applicable to each Participant will be provided at the time of booking. If a court of competent jurisdiction or an arbitrator holds that any provision is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.