Private Trip Agreement

Version 1.2 · Published August 8th, 2026 · Last Updated August 8th, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EVERYONE IN YOUR PARTY. IT CONTAINS A RELEASE OF LIABILITY (SECTION 30), AN ASSUMPTION OF RISK (SECTION 29), A DESCRIPTION OF THE POINT AT WHICH WE WILL STOP (SECTION 21), AND AN AGREEMENT TO RESOLVE DISPUTES BY BINDING ARBITRATION RATHER THAN IN COURT (PART G). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS — SEE SECTION G.2.

California Seller of Travel Disclosures

WanderRock, LLC is a registered seller of travel in California, registration number CST 2142228. Registration as a seller of travel does not constitute approval by the State of California.

This transaction is not covered by the California Travel Consumer Restitution Fund.

California law requires certain sellers of travel to maintain a trust account or bond. This business maintains a trust account.

Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

Registered address: 2443 Fillmore St 380 2362, San Francisco, CA 94115.

PART A — THE CONTRACT

1. Definitions

In this Agreement:

"We", "us", "our", "WanderRock" means WanderRock, LLC, a California limited liability company, and where the context requires its members, managers, officers, employees, agents, contractors and representatives.

"You", "your", "Client" means the person or organization who books the Trip and who is named as Client on the invoice. You are our counterparty. You contract for the whole Party.

"Party" means the people traveling on the Trip, named in the Party Schedule.

"Party Schedule" means the list of everyone traveling, which forms part of this Agreement, and which we issue to you and update as the Party changes.

"Traveler" means any member of the Party, whether an adult or a Minor.

"Minor" means a member of the Party who will be under 18 at any point during the Trip.

"Responsible Adult" means, for each Minor, the adult traveling with the Party who holds parental responsibility for that Minor or is authorized in writing by a person who does.

"Party Leader" means the adult member of the Party whom you nominate as our point of contact on the ground. Where you travel with the Party, this is you unless you tell us otherwise.

"Trip" means the private travel program you have booked, as described in the Itinerary.

"Itinerary" means the final itinerary document we issue to you before departure, together with the trip description we have agreed with you in writing.

"Guided Program" means the accommodation, transport, meals, activities, sightseeing and guided time expressly listed in your Itinerary, and the time the Party spends together under the direction of a Guide.

"Guide" means a WanderRock trip leader, and includes the Lead Guide.

"Independent Activity" has the meaning given in Section 26.

"Principal Supplier" means any third party that operates a substantial component of the Trip under its own terms of carriage or service — including an airline, a rail operator, a passenger vessel owner or operator, a coach operator, or a lodge, camp, riad or hotel booked as a whole.

"Trip Price" means the price of the Trip as shown on your invoice. It is a price for the Party as a whole, not a price per person, and Section 11 explains what that means when the Party changes.

"Agreement" means this document in its entirety, including the Party Schedule and the Arbitration Agreement at Part G.

2. The Contract

a) Who is contracting. This is an agreement between us and you. You book the Trip, you owe us the Trip Price, and you are the person we deal with on every commercial matter. No other member of the Party is our counterparty.

b) Your authority. By booking, you represent that you have the authority of every adult in the Party, and of a person holding parental responsibility for every Minor in the Party, to make this booking and to agree these terms on their behalf. You are responsible to us for the acts and omissions of every member of the Party as if they were your own.

c) Every adult also signs. Each adult Traveler must give the Traveler Acknowledgment at Part H before departure. Each Responsible Adult must give the Minor Acknowledgment at Part H for each Minor in their care. We may refuse to carry any Traveler whose acknowledgment we have not received. These acknowledgments do not make a Traveler our counterparty. They record that each adult has read the terms that affect them personally.

d) When the contract exists. A contract exists between us from the date we receive your initial payment.

e) The whole agreement. This Agreement, together with your Itinerary and the Party Schedule, is the entire agreement between us. It supersedes any prior representation, discussion, email, proposal, quotation, brochure, web page or statement, whether made by us, by a Guide, by an educational consultant, or by any other person. No statement made outside this Agreement varies it, and no Guide or other representative has authority to vary it.

f) Electronic acceptance. You accept this Agreement electronically. You agree that your electronic acceptance has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act and the California Uniform Electronic Transactions Act, and that you intend it to bind you. We record and retain the date and time of every acceptance and the version accepted, and that record is admissible evidence. We will provide copies on request.

3. What A Private Trip Is, And What It Is Not

WanderRock designs and operates private travel for groups who book together. We plan the days, make the arrangements, and send Guides who lead the Party through them.

What we provide: the Guided Program — travel arrangements, accommodation, activities, and Guides who lead the Party, make the arrangements described in your Itinerary, and are available to the Party.

What we do not provide, and what this Agreement is not a contract for:

• We do not provide care, supervision, custody, chaperoning, safeguarding, or personal support services.
• We do not provide nursing, medical, therapeutic, behavioral, psychological, counseling, respite, or support-worker services.
• We do not provide one-to-one supervision or monitoring of any Traveler at any time.
• We do not act in loco parentis, and we do not take charge of any Minor. Section 25 governs Minors.
• Our Guides are trip leaders. They are not carers, nurses, medical professionals, therapists, behavioral specialists, or support workers, and they are not trained, employed, insured or held out as such.

You acknowledge that no custodial, protective, supervisory, fiduciary or special relationship of any kind arises between us and any Traveler by reason of this Agreement or the Trip.

A private trip does not change this. Booking the Party privately buys you the itinerary, the dates and the exclusive use of the Guides' time. It does not buy a different kind of service, and it does not extend what a Guide is qualified to do. If a Traveler requires care, supervision or personal support in order to travel safely, that support must travel with them under Section 4.

4. Bringing Your Own Support

You may bring a paid carer, support worker, nurse, aide or personal companion for any Traveler who needs one. Many private parties do, and it is often the difference between a trip that works and one that does not.

Where you do:

• that person is a member of the Party, is named in the Party Schedule, and is bound by the conduct provisions of this Agreement;
• they are engaged by you, not by us. We do not select, vet, train, insure, supervise, direct or pay them, and we are not responsible for anything they do or fail to do;
• you must tell us before booking what they are engaged to do, so that we can size the arrangements correctly;
• their travel, accommodation and Trip costs are payable as for any other Traveler unless we agree otherwise in writing.

5. Eligibility and Fitness to Travel

a) Your representations about the Party. By booking, you represent and warrant that:

1. you have made the inquiries necessary to give the assurances below;
2. every adult Traveler is a legally competent adult traveling of their own free will;
3. every Traveler is physically and mentally fit to undertake the Trip described in the Itinerary;
4. every Traveler is capable of the level of independence the Itinerary requires of them, or will travel with support under Section 4; and
5. you have disclosed to us, in writing and in full, every medical condition, allergy, dietary requirement, medication, mobility limitation and support need of every Traveler that could reasonably affect their participation, their safety, or the safety of others.

b) Each adult's own representations. Each adult Traveler separately confirms, in the Traveler Acknowledgment at Part H, that the matters in Section 5(a)(2) to (5) are true of them.

c) Disclosure is the whole basis of the design. We build a private itinerary around the people going. What we are told is what we design for. If something material is not disclosed, the Itinerary is built on a false premise, and Section 5(d) applies.

d) Consequence of non-disclosure or misrepresentation. If any representation in this Section is untrue when made, or ceases to be true before departure and you do not tell us in writing, we may refuse the booking, refuse to carry a Traveler, or act under Section 21, in each case without refund. You are responsible for all costs arising, including repatriation.

e) Ongoing obligation. If the circumstances of any Traveler change between booking and departure in a way that affects any representation in this Section, you must tell us in writing immediately.

f) Our questions are not an assessment. We may ask questions, hold calls, or request information in order to decide whether to accept a booking and how to design the Trip. Anything we do in that process is for our own commercial purposes. It is not an assessment of any Traveler's capability, it is not advice, you must not rely on it, and it does not transfer to us any responsibility for anyone's fitness to travel.

g) We may decline. We may decline any booking, or decline a particular destination or itinerary for a particular Party, without giving reasons. Where we think a destination is a poor fit for the Party you have described, we will say so, and we may offer an alternative instead.

6. Legal Authority Over A Traveler's Affairs

If any person or body holds legal authority over the affairs or welfare of any Traveler — a conservator, guardian, deputy, attorney under a power of attorney, or any equivalent under the law of any country — you must tell us in writing before you book, and tell us the scope of that authority.

We may then decline the booking, or accept it only on terms requiring that person to be a party to this Agreement alongside you.

Failure to disclose this engages Section 5(d).

Consent has limits. Where such a person consents to something on a Traveler's behalf, that consent binds the Traveler. It does not bind us, and it cannot require us to do anything Section 21 says we will not do.

PART B — BOOKING AND PAYMENT

7. Booking and Acceptance

A private trip is quoted, agreed and then booked. A quotation is not a booking and holds nothing. Your booking is made when you accept this Agreement and pay the deposit, and it is accepted when we confirm it in writing.

Until we confirm, nothing is held for you and no price is fixed.

8. Deposit and Payment

a) The deposit and the payment schedule are stated on your invoice. Private trips carry committed costs earlier than scheduled departures, because accommodation, vehicles, vessels and staff are reserved for your Party alone.

b) Where we agree a payment schedule, each installment is due on the date shown. If an installment is more than 14 days late we may treat the booking as canceled by you under Section 12.

c) All sums are payable in US dollars unless the invoice says otherwise. Bank charges and currency conversion costs are yours.

9. Price

a) The Trip Price is a price for the Party as a whole. It reflects the Party you told us about — its size, its composition and its needs — and the arrangements we have made for it.

b) We may adjust the Trip Price before departure only where a Principal Supplier increases a cost we have not yet committed, where a government imposes a new tax or fee, or where you change the Itinerary or the Party. We will not increase the price within 45 days of departure except where a government imposes a charge we must pay.

c) Where an increase exceeds 8% of the Trip Price, you may cancel within 14 days of us telling you, and we will refund everything you have paid us.

10. What Is Included, And What Is Not

Your Itinerary states what is included. Unless it says otherwise, the Trip Price excludes: international flights; travel insurance; visas, permits and entry fees; vaccinations and medical costs; meals not listed; drinks; optional activities; personal expenses; tips; excess baggage; and anything a Traveler arranges for themselves.

11. Changes To The Party

a) Tell us in writing. Every addition, removal or substitution must be agreed with us in writing and recorded in the Party Schedule.

b) The price may move. A private trip is priced for the Party as booked. Adding people may increase the price. Removing people usually does not reduce it, because vehicles, accommodation, staffing and supplier minimums are already sized and committed for the Party we were told about.

c) Reductions. Where a Traveler drops out, we will tell you honestly what, if anything, we can recover, and we will pass on whatever we recover. Where nothing is recoverable, nothing is refundable. We do not apply a per-person cancellation table to a private trip, because there is no per-person price to apply it to.

d) Substitutions. Up to 45 days before departure you may substitute one Traveler for another, provided the new Traveler meets Section 5 and is accepted by us. We charge an administration fee of $150, and you remain responsible for any third-party charge, including airline name changes. Inside 45 days, substitution is at our discretion.

PART C — CHANGES AND CANCELLATION

12. Cancellation By You

a) How to cancel. Cancellation is effective only when we receive written notice from you.

b) Charges. The following charges apply, calculated as a percentage of the Trip Price:

These windows are longer than on a scheduled departure, and deliberately so. A private trip is built for one Party and cannot be resold to anyone. There is no other group to move into the space, and there is no departure that runs regardless. Accommodation is held under your name, vehicles and vessels are chartered for your numbers, Guides are committed to your dates and turn other work away, and local operators reserve capacity for a group of your size. From the moment we confirm, the costs are being incurred for you alone.

The loss caused by a cancellation inside these windows is impracticable and extremely difficult to determine precisely, and these charges are our genuine pre-estimate of it, made at the time of contracting.

c) Trip credit. Instead of a cash refund you may take a credit toward a future WanderRock trip, private or scheduled, on the terms we will set out in writing at the time. A credit is always worth at least as much as the cash alternative and usually more. It is valid for 24 months.

d) Third-party charges. Cancellation charges are in addition to any charge levied directly on you or on any Traveler by an airline, accommodation provider, Principal Supplier, activity provider or other third party.

13. Cancellation By Us

a) We may cancel a Trip before departure where a Force Majeure Event under Section 15 applies, where we reasonably consider it unsafe to operate, or where you have not paid an installment when due.

b) Where we cancel for any reason other than non-payment or your breach, you may transfer sums paid to alternative dates or receive a refund of everything you have paid us, less costs committed to third parties that we cannot recover. We will evidence those costs on request, and if we recover one later we pass it on to you.

c) Where we cancel because you have not paid, Section 12(b) applies as though you had canceled on the date of our notice.

d) We are not responsible for incidental expenses you or any Traveler have incurred in connection with a canceled booking, including visas, vaccinations, insurance excess or non-refundable flights. This is one of the reasons Section 32 requires insurance.

14. Changes To The Itinerary

A private itinerary is written to be changed. Weather, closures, transport, illness, local conditions and the Party's own preferences all move it, and the Lead Guide may adjust the shape of any day.

Where we must make a significant change before departure — a different city, a materially different standard of accommodation, or a change of dates — we will tell you promptly and you may accept it, take alternative dates, or cancel and receive a refund of everything you have paid us less unrecoverable committed costs.

Changes made on the ground for safety, weather or operational reasons are not significant changes and do not give rise to a refund.

15. Force Majeure

We are not liable for any failure or delay in performing our obligations, and we are not liable to pay compensation, where that failure or delay arises from an event beyond our reasonable control (a "Force Majeure Event"), including: war, threat of war, terrorism, civil unrest, riot, insurrection; government action, border closure, sanctions, travel restriction or advisory; epidemic, pandemic, quarantine or public health measure; natural disaster, extreme weather, fire, flood, earthquake, volcanic activity; strike, industrial action, or transport disruption; failure, insolvency, withdrawal or default of any airline, Principal Supplier, accommodation provider or other supplier; mechanical or technical failure of any aircraft, vessel or vehicle; closure of, or denial of entry to, any airport, port, border or destination; and any comparable event.

Where a Force Majeure Event occurs we will use reasonable efforts to make alternative arrangements, but we are not obliged to do so at our own expense.

Money. This Section governs our performance obligations. It does not entitle us to keep money for a Trip we do not operate. Where a Force Majeure Event causes us to cancel, Section 13(b) governs your refund.

PART D — ON THE TRIP

16. Code of Conduct

Every Traveler must behave with respect toward the cultures, places and people the Party encounters, toward every other member of the Party, and toward our Guides.

Every Traveler must comply at all times with the laws, customs, currency and drug regulations of every country visited, with the rules of any Principal Supplier, accommodation provider or activity provider, and with the expectations set out in the Itinerary.

This Section applies to every member of the Party, including you, including Minors, and including any carer or companion brought under Section 4.

17. Behaviors That Are Not Tolerated

Abuse and violence. Physical abuse, violence, threats of violence, verbal abuse, bullying, intimidation and sexual harassment directed at any person will not be tolerated. This applies between members of the same family exactly as it applies to anyone else.

Sexual relations. No sexual relations are permitted between Guides and Travelers.

Unlawful acts. Section 22 governs these.

Recklessness. Persistent and extreme disregard for a Traveler's own safety, or for anyone else's, engages Section 21.

Interference with the Guides. Travelers must not obstruct a Guide in carrying out their work, and must not direct a Guide to act contrary to this Agreement.

18. Authority Of The Lead Guide

Our Trips are led by professional Guides who work collaboratively. One Guide acts as Lead Guide. The decision of the Lead Guide is final on all matters likely to affect the safety or wellbeing of any person.

The Lead Guide's authority is a power, not a duty. Nothing in this Section creates any obligation on us to exercise that authority in any particular case, and no failure or decision not to exercise it gives rise to liability.

19. Who Decides What On A Private Trip

A private trip is your trip, and much of what would be our decision on a scheduled departure is properly yours.

Yours to decide: the pace of the days, what gets dropped, how much of the Itinerary the Party attempts, how the Party manages the ordinary friction of traveling together, and how much difficulty the Party is willing to absorb from any of its own members. We will advise. We will not overrule you on any of it.

Ours to decide, and not subject to your agreement: whether anyone is safe, whether anything is lawful, and whether we remain able to do the job. Those are the subject of Section 21.

Where you do not travel with the Party, the Party Leader speaks for you on the ground, and a decision we agree with them binds you. We will still reach you for anything that costs money or ends the Trip, and we will keep trying until we do.

This division is the whole design of this Agreement. We do not tell a family how much of their own son's distress they should tolerate. Equally, no member of a Party can consent us past the point set out in Section 21.

20. Support For One Traveler, And Additional Staffing

Where one Traveler needs more of a Guide's attention than the Itinerary assumed, we will first try to solve it inside the Trip — changing the shape of a day, taking a rest day, splitting the Party so that one Guide stays behind, or altering an activity.

Where that is not enough, additional staffing is often the answer. We may propose bringing in another Guide or a local support person. The cost of doing so is yours, and we will tell you what it is before we commit to it. If you decline, the Trip continues as it is, and Section 21 continues to apply.

This option exists precisely so that Section 21 is rarely reached. Capacity is something you can buy. Qualification is not.

21. Where A Trip Can No Longer Continue

a) The limit of what we can provide.

We are guides. We are not carers, nurses, clinicians, therapists, behavioral specialists or support workers. If the Trip can only continue by a Guide acting as one of those things, we will stop.

No consent can move this line. Not yours, not the Traveler's, and not that of any person holding legal authority over a Traveler under Section 6. This is not a judgment about any Traveler. It is a statement about the limits of what we are qualified, trained and insured to do.

b) When we act. We may act under this Section where, in the reasonable judgment of the Lead Guide:

1. a Traveler is at risk of serious harm, or presents a risk of serious harm to another person, and we cannot reduce that risk with the resources available to us;
2. continuing would require us or any Guide to act unlawfully, or would expose any person to arrest, detention, removal or prosecution by a public authority; or
3. the support one Traveler now requires has become continuous, so that a Guide can no longer deliver the Guided Program to the rest of the Party.

c) What we may do. We may take any of the following steps, and we will take the least of them that answers the situation:

Program Suspension. We stop including one Traveler in the Guided Program. They remain with the Party, in the accommodation and on the transport we have arranged, but the days are no longer built around them and the Guides do not lead them. Responsibility for that Traveler passes to you. The Trip continues for everyone else. No refund arises.

Withdrawal. One Traveler leaves the Itinerary. From the moment the Lead Guide decides and records it, that Traveler ceases to be on the Trip. Their accommodation, meals, transport, onward travel and repatriation from that moment are yours to arrange and yours to pay for, as is the cost of any adult who leaves with them. The Trip continues for the rest of the Party. No refund arises.

Termination. The Trip ends for the whole Party. We stop, and the Party makes its own arrangements home. Section 21(e) governs the money.

d) Doing it well. Where we act under this Section we will tell you first and in private wherever it is possible to do so, we will say plainly which of the three steps we are taking and why, and we will record it in writing the same day. Where a Traveler is to be told and their family would rather tell them, we will agree a time by which that will have happened; if it has not, the Lead Guide will tell them.

We will not make a public event of it. Nothing in this Section requires or permits a Guide to discuss a Traveler's circumstances in front of the rest of the Party.

e) Money on Termination.

Where the Trip is terminated because of a breach of this Agreement by you or by any member of the Party, no refund arises, and you are responsible for all costs of the Party's return.

Where the Trip is terminated without fault by anyone — a genuine medical or psychiatric emergency, or a situation that has simply outgrown what Guides can hold — we will refund the portion of the Trip Price attributable to the unused days, less any cost we have committed to a third party and cannot recover. We will evidence those costs on request and pass on anything we later recover. The cost of the Party's return home remains yours, and is one of the reasons Section 32 requires insurance.

f) Help is a courtesy. We may choose to help beyond what this Agreement requires — arranging a transfer, assisting with flight inquiries, translating, contacting a consulate or a family member. Any such help is voluntary. It does not extend, revive or create any duty of care, and we may stop at any point. No Guide has authority to promise otherwise.

g) Future bookings. We may decline to accept any Traveler, or you, on any future trip.

22. Unlawful Acts

a) The rule. No Traveler may use, possess, buy, carry or arrange the supply of anything that is unlawful in the country the Party is in. No Traveler may commit any other criminal offense. This applies to every member of the Party, adults included, and it applies during free time exactly as it applies during the Guided Program.

b) Why there is no discretion here. In some countries the Party will visit, substances that are lawful or tolerated at home are serious criminal matters, and enforcement can extend to everyone present rather than only to the person responsible. A Traveler's decision can therefore put other Travelers, our Guides and our ability to operate in that country at risk. This is not a matter on which your tolerance or ours is relevant.

c) What we will do. A breach of this Section engages Section 21(c), and will ordinarily mean Withdrawal at least. Where the breach exposes the rest of the Party or our Guides to legal jeopardy, it will mean Termination.

d) No assistance with the consequences. We will not pay a fine, a bond, a bribe or a legal fee on any Traveler's behalf, and we will not misdescribe events to any authority.

e) Alcohol. Where a Traveler drinks alcohol they must be of legal drinking age in that country and must do so responsibly. Intoxication that engages Section 17 or Section 21 is treated under those Sections.

23. Health, Medication and Personal Care

a) Each Traveler manages their own health. Each adult Traveler is solely responsible for their own physical and mental health throughout the Trip. For a Minor, the Responsible Adult holds this.

b) Medication. Each Traveler, or their Responsible Adult, is solely responsible for obtaining, carrying, storing, timing and taking medication, and for ensuring it is legal in every country on the Itinerary. Our Guides do not store, dispense, administer, prompt, remind about, or supervise medication of any kind, and must not be asked to. If a Guide does any of these things it is a personal act outside the scope of their engagement, it is not done on our behalf, and it creates no duty and no liability on our part.

c) Personal care. We provide no assistance with washing, dressing, toileting, feeding, mobility or any other personal care. Section 4 is how that need is met.

d) Diet and allergies. We will pass disclosed dietary requirements to suppliers where we reasonably can. We cannot and do not guarantee that any meal, kitchen, vessel, restaurant or supplier is free from any allergen, or that any dietary requirement will be met. Each Traveler is responsible for checking what they consume and for carrying their own emergency allergy medication.

e) Medical advice. It is your responsibility to obtain proper medical advice on health requirements, vaccinations and medication for every destination. We do not give medical advice.

24. Emergency Medical Treatment

If a Traveler suffers illness or injury during the Trip and is unable to consent for themselves, you authorize us — and each adult Traveler authorizes us in their own acknowledgment, and each Responsible Adult authorizes us for their Minor — to arrange, and to consent on their behalf to, such emergency medical, dental, surgical or hospital treatment as a qualified medical practitioner considers necessary, and to arrange medical evacuation or repatriation.

You authorize us to disclose medical and emergency-contact information to medical practitioners, emergency services, consular officials, insurers and Principal Suppliers where we reasonably consider it necessary.

All costs of treatment, evacuation or repatriation are yours, and you will reimburse any such cost we incur. This is one of the reasons Section 32 requires insurance.

Arranging or consenting to treatment under this Section is something we do in an emergency. It creates no ongoing duty of care and no liability, and we are not liable for the acts, omissions or standard of care of any medical provider.

25. Minors

a) Minors travel in their family's care, not ours. Where the Party includes anyone under 18, that Minor is at all times in the care of their Responsible Adult. We do not take charge of a Minor at any point, we do not supervise a Minor, and we do not act in loco parentis.

b) The Responsible Adult must be present. A Minor may not travel unless their Responsible Adult is traveling with the Party. A Responsible Adult must not leave the Party while a Minor in their care remains with it.

c) Minors are never unaccompanied. Section 26 does not apply to Minors. A Minor may not leave the Guided Program except in the company of their Responsible Adult, who takes full responsibility for that time.

d) Suitability. You are responsible for deciding whether any element of the Itinerary is suitable for a Minor in the Party. We will tell you what an activity involves. The decision is yours.

e) Institutional parties. Where you are a school, college, program or other organization, your accompanying staff retain their own duty of care to the young people in their charge throughout the Trip. Nothing in this Agreement transfers that duty to us, and our Guides do not assume it.

26. Independent Activity

a) Adults are free to leave the Party. Any adult Traveler may at any point leave the Guided Program and spend their time as they wish. Time spent in this way is "Independent Activity." No permission is required. It is a normal and expected part of a WanderRock trip.

b) What this means. Our obligations attach to the Guided Program. Independent Activity is not part of the Guided Program, is not part of the Trip we have contracted to provide, and falls outside the scope of this Agreement. For the duration of any Independent Activity:

1. the Traveler travels in their own capacity, at their own risk and at their own expense;
2. we owe them no duty of care, and no duty of any kind, in respect of their safety, whereabouts, decisions, transport, health, conduct or wellbeing;
3. we do not supervise, monitor, track, locate, approve, vet or assess what they do or where they go;
4. we are not liable for any loss, injury, illness, death, damage, delay, cost or expense arising during or out of it, however caused;
5. any contract entered into with a third party during that time is between that Traveler and that party alone.

This applies whether or not a Guide was told, whether or not a Guide expressed a view, and whether or not the activity was mentioned or suggested in conversation.

c) Guides have no authority to change this. No Guide has authority to approve, arrange, endorse, vet or take responsibility for Independent Activity, or to give any assurance about its safety.

d) What we ask. None of the following is a condition, and none creates any obligation on us: tell a Guide roughly where you are going and when you intend to rejoin; carry a working means of contact and the emergency numbers we give you; know where and when the Party reconvenes, and get yourself there.

e) Rejoining. We will not delay the Party's onward transport, meals, activities, accommodation transfer or vessel departure to wait for a Traveler who has not returned. Rejoining the Party is that Traveler's responsibility and cost.

f) The Code of Conduct still applies. Sections 16, 17, 21 and 22 apply at all times, including during Independent Activity.

g) Minors are excluded. Section 25(c) governs Minors, and this Section does not apply to them.

27. Legs With No Exit

Some itineraries include periods during which a Traveler cannot practically leave — a vessel at sea, a remote camp, a multi-day trek, a single-road region. On those legs, Withdrawal under Section 21(c) may not be available until the Party reaches the next point of departure.

Where your Itinerary includes such a leg, we will identify it to you in writing before departure and ask you to confirm in writing that you have read it. We may decline to operate a leg of that kind for a particular Party.

Where a situation arises during such a leg that would otherwise engage Section 21, we will manage it as best we can with the resources on hand until the Party reaches a point at which Withdrawal or Termination becomes possible, and will act then. Nothing in this Section extends what a Guide is qualified to do.

PART E — RISK, RELEASE AND INSURANCE

28. Services Operated By Third Parties

a) We do not operate the services we book. Substantial parts of the Trip are operated by Principal Suppliers. We book passage, rooms or places for the Party as their customer. We do not staff, drive, crew, navigate, provision, maintain, insure or control those services, and we do not set their schedules, safety procedures or rules of conduct.

b) Their terms bind each Traveler directly. Where the Trip includes a service operated by a Principal Supplier, each Traveler also enters into a contract with that supplier on its own terms, which we will make available before departure. International conventions may limit a carrier's liability, including the Montreal Convention for air travel and the Athens Convention for carriage by sea. We are not a party to that contract and cannot vary it.

29. Assumption Of Risk

a) Travel of this kind is adventurous, and participation involves real and significant risk of injury, illness, psychological distress, property loss and death.

b) The Party may visit places where political, cultural, geographical, medical and infrastructural conditions present dangers considerably greater than those of daily life at home. These include, without limitation: road, rail, air, water and pedestrian transport accidents; crime, theft, assault and civil disorder; terrorism; getting lost; illness, infectious disease, food and water contamination; allergic reaction; limited, delayed, distant or substandard medical care; language barriers; unfamiliar laws and customs; extreme weather; and the acts and omissions of local suppliers and members of the public.

c) The Trip includes periods of unstructured time, and the risks in this Section apply with materially greater force during those periods because no Guide is present.

d) We use information from government foreign affairs departments and from our own contacts in deciding whether an itinerary should operate. That is our own commercial assessment. It is not a safety guarantee and you must not rely on it.

30. Release And Limitation Of Liability

THIS SECTION LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY.

a) Third parties. We contract with a network of companies, organizations, government agencies and individuals to assist in operating the Trip, acting as agent for those third parties. We are not responsible for the acts or omissions of those third parties.

b) Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EACH TRAVELER RELEASE US AND OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, GUIDES, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM ALL LIABILITY FOR ANY LOSS, INJURY, ILLNESS, DEATH, DAMAGE, DELAY, COST OR EXPENSE SUFFERED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH OR ARISING OUT OF THE TRIP, AND EXPRESSLY WAIVE ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH IT.

c) What this release does not cover. This release does not apply to, and nothing in this Agreement excludes or limits, liability for: gross negligence; willful, reckless or intentional misconduct; fraud; or any liability which cannot be excluded or limited as a matter of law.

d) Cap. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement and the Trip is limited to the Trip Price.

e) Excluded losses. To the fullest extent permitted by law, we are not liable for indirect, consequential, special, punitive or exemplary damages, loss of profit, loss of enjoyment, or economic loss, however arising.

f) Independent Activity. This Section is additional to and does not narrow Section 26. Our position in respect of Independent Activity is that no duty of care arises at all, not merely that liability is released.

31. Indemnity

You will indemnify us against any claim, liability, loss, damage, cost or expense (including reasonable legal fees) that we incur as a result of:

• a breach of this Agreement by you or by any member of the Party;
• Independent Activity by any Traveler;
• any act or omission by a Traveler that causes injury to another person or damage to property, including to any vessel, vehicle or accommodation;
• any fine, penalty or charge imposed on us by any authority or supplier by reason of a Traveler's conduct; and
• any cost we incur on a Traveler's behalf under Sections 21, 22 or 24.

This indemnity does not apply to the extent the claim arises from our own gross negligence or willful misconduct.

32. Travel Insurance

a) Mandatory for every Traveler. Every member of the Party must hold travel insurance for the full duration of the Trip covering every destination on the Itinerary. Coverage must include, at minimum: emergency medical treatment; medical evacuation and repatriation; repatriation of remains; trip cancellation, curtailment and interruption; and missed departure.

b) Minimum limits. Each Traveler's emergency medical coverage must be no less than $100,000, and their medical evacuation and repatriation coverage no less than $250,000. Evacuation is the coverage budget policies most often omit or cap too low, and it is the cost most likely to exceed a Traveler's means.

c) Curtailment matters more here. Sections 12 and 21 mean that a private trip can end, or a Traveler can leave it, without a refund. Curtailment and cancellation coverage is what stands between your Party and that cost. Buy it when you book, not later.

d) Pre-existing conditions. Every Traveler must declare their pre-existing medical conditions to their insurer when the policy is bought. Insurers routinely refuse medical claims for conditions you did not declare. For the purposes of this Section, a policy that will not pay because a condition was not declared is the same as no policy at all.

e) Independent Activity. Policies must cover Independent Activity. Many restrict coverage to organized activities or exclude solo travel. It is each Traveler's responsibility to confirm this with their insurer.

f) Proof. Every Traveler's policy document must be uploaded to the Traveler Portal before departure. We will check that each policy is in that Traveler's name, that it covers the travel dates, and that it meets the requirements of this Section. If proof of valid insurance is not provided for a Traveler, we may refuse to carry that Traveler without refund.

g) Our review is not advice. We check policies against the requirements of this Section for our own purposes. We do not advise on which policy to buy, we do not confirm that a policy is suitable for a particular Traveler, and our accepting a policy is not a representation that it will pay a claim. Choosing adequate insurance remains each Traveler's own responsibility.

h) Not our insurance. Our own insurance is for our own benefit. It does not cover any Traveler, and no Traveler has rights under it.

PART F — GENERAL

33. Passports, Visas and Entry

Each Traveler is responsible for holding a valid passport and every visa, permit and document required for every country on the Itinerary, and for meeting all entry requirements. We are not liable for any refusal of entry.

34. Data Protection and Privacy

We collect and process personal information about every Traveler in order to operate the Trip, in accordance with our Privacy Policy. By providing information about another person you confirm you are entitled to do so.

35. Photography, Video and Marketing

We may take photographs and video during the Trip. We will not use any image in which a member of your Party is identifiable for marketing purposes without written permission from that Traveler, or from their Responsible Adult in the case of a Minor. Permission may be withheld or withdrawn at any time.

36. Complaints

If something is wrong, tell the Lead Guide at the time so that we can try to put it right. If it is not resolved, write to us within 30 days of the Trip ending at contact@wanderrock.com.

37. Notices

Notices under this Agreement must be in writing and sent by email to contact@wanderrock.com, or to the email address we hold for you. A notice is deemed given when sent.

38. Assignment

You may not assign this Agreement. We may assign it to any successor to our business.

39. No Third-Party Rights

Except that each Traveler may enforce Section 30, no person who is not a party to this Agreement has any right to enforce it.

40. Entire Agreement, Variation and Waiver

This Agreement, the Itinerary and the Party Schedule are the entire agreement between us. Any variation must be in writing and signed by both of us. A failure to enforce any provision is not a waiver of it.

41. Severability, Survival and Governing Law

If any provision is held unenforceable it is severed and the rest continues in force.

Sections 21, 22, 24, 29, 30, 31 and Part G survive the end of the Trip and the termination of this Agreement.

This Agreement is governed by the law of the State of California, and Part G governs the resolution of disputes.

PART G — ARBITRATION AGREEMENT

G.1 Scope

Any dispute arising out of or relating to this Agreement or the Trip is resolved by binding individual arbitration rather than in court, except as stated in G.8.

G.2 Your Right To Opt Out

You may opt out of this Part by writing to contact@wanderrock.com within 30 days of accepting this Agreement, stating your name and that you opt out of arbitration. Opting out affects nothing else in this Agreement.

G.3 Informal Resolution First

Before starting arbitration, the party raising the dispute must set it out in writing to the other and allow 60 days to resolve it.

G.4 Rules and Administration

Arbitration is administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator.

G.5 Costs

We pay all filing and arbitrator fees for any claim under $75,000. Each party bears its own legal costs unless the arbitrator awards otherwise.

G.6 Location and Procedure

Arbitration takes place in San Francisco, California, or remotely by agreement. Claims under $25,000 may be decided on documents alone.

G.7 Class Action Waiver

Claims are brought individually. No claim may be brought as a class, collective or representative action, and the arbitrator may not consolidate claims. If this Section is held unenforceable, this whole Part does not apply and the dispute proceeds in court.

G.8 Exceptions

Either party may bring a claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

G.9 Time Limit

Any claim must be brought within one year of the event giving rise to it, to the extent the law permits.

G.10 Federal Arbitration Act

This Part evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act. The arbitrator decides questions of interpretation, applicability and enforceability of this Part, save that the enforceability of G.7 is for a court.

G.11 Severability

If any provision of this Part other than G.7 is held unenforceable, it is severed and the remainder continues in force.

PART H — ACKNOWLEDGMENTS

Three acknowledgments are used. Which of them applies to a person depends on their role.

Client Acknowledgment

Given by you, once, when you book. You confirm that:

1. you have read this Agreement in full and understand it;
2. you have had the opportunity to consult an attorney and have either done so or chosen not to;
3. you have the authority described in Section 2(b) to book on behalf of every member of the Party;
4. the representations in Section 5(a) are true;
5. you understand Section 21, and specifically that there is a point at which we will stop, and that no consent of yours can move it;
6. you understand that Part G requires disputes to be arbitrated individually, and that you may opt out within 30 days;
7. you agree to be bound by this Agreement.

Traveler Acknowledgment

Given by each adult in the Party before departure. Each adult confirms that:

1. they have read this Agreement, and in particular Sections 21, 22, 26, 29 and 30;
2. the representations in Section 5(a)(2) to (5) are true of them;
3. they understand Section 26, and specifically that when they leave the Guided Program, we owe them no duty of care of any kind;
4. they understand and accept the assumption of risk in Section 29 and the release in Section 30;
5. they authorize the emergency treatment arrangements in Section 24.

Minor Acknowledgment

Given by each Responsible Adult, for each Minor in their care. Each Responsible Adult confirms that:

1. they hold parental responsibility for that Minor, or are authorized in writing by a person who does;
2. they understand that the Minor is in their care at all times and that we take no charge of the Minor at any point;
3. they will travel with the Party for the whole Trip;
4. they understand that Section 26 does not apply to the Minor, and that the Minor may not leave the Guided Program except in their company;
5. they authorize the emergency treatment arrangements in Section 24 for that Minor.

We record each acknowledgment separately, with the date and time.

Related: Booking Agreement · Booking Agreement — Audit Notes · Removal Notice — Templates · Guide Handbook