The following terms and conditions (“Terms and Conditions”) apply to all travel and travel related Services offered for sale by Ozobi (owned and operated by Ozoby Inc.) and/or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as “Ozobi”, “we”, or “us”). Ozoby Inc. is incorporated in the state of California. Our telephone number is (669) 232-7412.

The terms “Service” or “Services” as used in these Terms and Conditions encompass: travel planning and consultation, charter or other airfare, passage on cruises, charters, river boats, yachts, and other water vessels, ground transportation, concierge services, hotel rooms, resorts, camps, or other lodgings, tours, car rentals, leisure or adventure activities, equipment rentals, expeditions, and any other travel or travel-related products offered, sold, recommended, or provided by Ozobi. The term “Trip” is defined as any Service, or package of Services, offered. “Supplier” or “Vendor” refers to any provider of the Services we offer. “Itinerary” refers to the particularized schedule for a Trip. References herein to “Traveler,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases, or attempts to purchase, a Trip for themselves and/or others.

All bookings of Trips are also subject to the Terms and Conditions of the supplier of the Service incorporated in an Ozobi Trip. By placing an order with Ozobi, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Ozobi, We will control all issues relating to the liabilities and responsibilities of Ozobi.

Please read these Terms and Conditions carefully, ask us any questions, and consult your attorney before you agree to be bound by them. Traveller acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by clicking on the “I Agree” box on the bottom of the submission page. When Traveller is purchasing a Trip for someone besides themselves, clicking on the “I Agree” box verifies Traveller has informed all other Travellers in their group of these Terms and Conditions and accept them on their behalf, warranting that the other Travellers in their group, after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions. Without this acceptance, the processing of an order or inquiry is not technically possible. Therefore, by placing an order with Ozobi, you, and all Travellers in your group (if applicable), agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.

Table of Contents

1. Eligibility
2. Modification of Our Terms and Conditions
3. Payments
4. Prices
5. Cancellations and Alterations Policies
6. Issuing Travel Documents
7. Insurance
8. Passports, Visas, Health Requirements, and Travel Risks
9. Accommodations
10. Notices
11. Seller of Travel Disclosures
12. Local Customs and Laws
13. Legal Compliance and Proper Conduct
14. Marketing Materials
15. Limitation of Liability
16. Disclaimer of Warranties
17. Indemnification and Release
18. Force Majeure
19. Special Rules regarding Air Transport
20. Representations and Warranties
21. Medical and Physical Conditions; Medical Emergencies
22. Disputes: Governing Law, Jurisdiction, etc.
23. Attorney’s Fees, Costs, and Expenses
24. Assignment
25. Severability and Survivability
26. Entire Agreement, Waiver, Etc.

1. Eligibility –The Services offered by Ozobi are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. Travellers must be over the age of 18 to purchase an Ozobi Trip.

2. Modification of Our Terms and Conditions –Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with Ozobi or reviewed our Terms and Conditions.

3. Payments – I understand if I have an unpaid balance to Ozobi and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so, incurred during collection efforts.

   In order for Ozobi  or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Ozobi and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me,  (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialling device, as applicable.

   Ozobi accepts payments by:

   1. International credit cards including Discover, American Express, Visa and MasterCard.
   2. Wire transfer
   3. Cash deposited directly in our bank.

4. Prices – Our prices are contractual tariffs –No claim relating to the price of a Trip will be considered once the reservation is effective.

   Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price:

   • items of a personal nature such as incidentals and laundry
   • excess baggage charges
   • port charges
   • foreign government departure taxes
   • costs of Passports or Visas
   • inspection fees
   • customs fees
   • immigration and naturalization fees
   • service fees
   • single room supplement
   • travel insurance including health, accidents, lost baggage and trip cancellation
   • airport parking
   • tips and gratuities
   • any other activities or items not explicitly advertised as included in the price of a Trip in the description of the offered Trip

5. Cancellations and Alterations Policies –Our Cancellations and Alterations Policies vary by Service and/or Trip sold. They are viewable in writing prior to purchase via email delivered to the purchaser. If those are unclear, please talk to one of our agents at the time of sale or at any other time prior to purchase.

   CHANGES AFTER PURCHASE: All changes made to the booking after purchase are restricted and are strictly subject to the airline fare rules.Flight dates & times are changeable subject to availability and upon payment of a change fee per person, plus any additional cost between the original total price paid and the lowest total price available for the new flight at the time the change is made. Any confirmation made beyond the time frame allowed may result in additional costs, of which you will be informed by email. It is essential that you return the confirmation document, otherwise your initial reservation will stand.

   Any cancellation or alteration of your booking may result in costs that will be billed by our Suppliers, and our administrative costs may be added to these. In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from the refund payable to you as per this agreement.

   The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to Ozobi. Any interrupted or shortened stay, or any Service not actually used by you, for whatever reason (in particular in the event that you fail to arrive in time to enjoy the Services) does not entitle you to a refund.

   As a general rule alteration, whatever their nature, are treated as a cancellation followed by a new booking, involving the relevant cancellation charges. These charges will be added to any costs charged by the Supplier, of which you will be informed before the alteration is made.

   *California and Illinois Residents only:
   Upon cancellation of the transportation or travel services, where the Traveller is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveller, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveller, unless the Traveller advises the seller of travel in writing, after cancellation. In California, 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 Traveller 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.

   1. Cancellations and Alterations attributable to Ozobi

      Particularly as a result of political or environmental changes, rescheduling of air routes and times and other circumstances outside our control, we have on occasion to make changes to and cancel confirmed bookings. While we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking, we can reasonably expect to have a major effect on your confirmed Trip. Significant changes are likely to include the following changes when made before departure where applicable to your booking: a change of accommodation to that of a lower standard for the whole or a major part of the time you are away, a change of area of travel for the whole or a major part of the time, a change of outward departure time or overall length of time you are away of twelve or more hours or a change of departure point to one which is more inconvenient for you where your Trip includes flights arranged by us.

      If we have to make a significant change or cancel, we will notify you as soon as possible. We will endeavour to offer you alternative routing and/or dates and at least one option, which is of a similar standard and cost. If there is time to do so before departure, we will offer you the choice of the following options:

      Please note the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions:

      Very rarely, we may be forced by “force majeure” to change or terminate your Trip after departure but before the scheduled end of your Trip. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation, or meet any costs or expenses you incur as a result.

      1. accepting the changed arrangements or
      2. purchasing an alternative Trip from us, of a similar standard to that originally booked if available. We will endeavour to offer You at least one alternative Trip of equivalent standard for which You will not be asked to pay any more than the price of the original Trip. If this Trip is in fact cheaper than the original one, we will refund the price difference. If You do not wish to accept the Trip, we specifically offer You, you may choose any of the other arrangements we have available. You must pay the applicable price of any such alternative arrangements. This will mean You’re paying more if they are more expensive or receiving a refund if cheaper or
      3. cancelling or accepting the cancellation in which case you will receive a full refund of all money you have paid to us.
      4. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
      5. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

   2. Cancellations and Alterations attributable to You

      Important: All bookings of airline tickets, & vacation packages are non-refundable generally unless specifically described otherwise. Any alteration, transfer, or cancellation relating to airfare, or dynamic packages (flight + hotel) which affect the booked flight(s), will involve charges up to the price of the air tickets bought including, without limitation, all fees, taxes, and charges. All cancellations must be done over the phone only. We can accept refund requests only if the following conditions have been met:

      All refund requests are processed in a set format. Once your cancellation request has been submitted with our customer care agent, you will get an email notification acknowledging your request. This acknowledgement does not automatically qualify you for a refund. Based upon the fare rule we work with the airline or other involved suppliers to generate a waiver and process the refund if fare rules allow. Cancellation vary as per fare rules, Refunds may take up to 4-6 business weeks to process.

      1. Only if the fare rules provide for cancellation and refunds;
      2. It is not “no show” situation (most “no show” bookings are in-eligible for any waiver from suppliers for refund processing)
      3. we are able to receive waivers from suppliers to process the requested cancellation and refund

6. Issuing Travel Documents – The method for issuing travel documents and/or tickets depends on the time available between the date of issue of tickets and your date of departure, and/or the type of Service. If a Traveller provides incorrect information, Ozobi does not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

   Travel documents will only be sent to the purchasing Traveller who places the order and personally agrees to these Terms and Conditions.

7. Insurance –Ozobi strongly recommends that all Travellers purchase some form of Travel, Cancellation, Lost Baggage and/or Medical Emergency Insurance for all Trips. While we can refer you to an insurance company, Traveller acknowledges that it is Traveller’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveller’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveller agrees that Ozobi is not responsible for any uninsured losses.

8. Passports, Visas, Health Requirements, and Travel Risks –It is Traveller’s responsibility to verify they have all the necessary visas, passport, and vaccinations prior to travel. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.

   Most out of international Trips (including India) require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip.

   If you try to enter a country where a visa is required, and you do not have a visa, it is possible that you will be imprisoned until there is an available flight to return you to your point of origin. India requires at least a Tourist Visa to visit.

   Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveller produce evidence of insurance/repatriation coverage before it will issue a visa.

   You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing inyour travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.

   Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at //travel.state.gov/travel or directly from the destination country’s website. Requirements for traveling to India change frequently, often with little advance notice, and changes may be poorly advertised and inconsistently enforced. Travellers are urged to check the website of the Indian Embassy in Washington, D.C. (https://www.indianembassy.org/) before any travel to India to review the most current information. We recommend that you check these before booking and also shortly before departure as requirements may change.

   Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Ozobi from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to //travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centres for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to //wwwnc.cdc.gov/travel/.

   It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.

   WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

   Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. Ozobi does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

   PASSPORT / VISA REQUIREMENTS

   FOR DOMESTIC TRAVEL: A valid government photo I.D. must be presented by all Travellers in order to board domestic flights. Minors traveling domestically with parents generally do not need a photo I.D. If traveling with children less than two (2) years old, a birth certificate may be needed to confirm the infant’s age. More Information.

   FOR INTERNATIONAL TRAVEL: All Travellers MUST be in possession of a valid government-issued Passport or Identification. Travellers MUST also have the necessary documents, Visas, Transit visas, Schengen Visas and all other entry permits for all international ports of entry.

   In addition, your passport must be valid for 6 months after your return date when entering your destination. While sometimes we may be able to assist with visa and passport information, it is solely the responsibility of the passenger(s) to arrange for all documents needed to enter the country you are traveling to, or passing through in transit. Please note, a roundtrip or ongoing ticket may be required for certain international cities. If you are traveling one way, please verify with the airline or Consulate General to prevent any issues at time of boarding.

   • US Passport Holder Information
   • Canadian Passport Holder Information
   • Other Passport Holder

9. Accommodations (Hotels & Car Rentals) –“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travellers including, but not limited to, hotels, quarters in ships and charters, campgrounds, motels, and resorts. Ozobi provides the accommodations for its Trips through third-party Vendors and retains no ownership or management interest in those Accommodations. Ozobi does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.

   Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees for each Trip.

   For Hotel & Car rental bookings:

   The reservation holder must present a valid photo ID and credit card at check-in. The credit card is not only used to guarantee the reservation, it is required for any additional hotel specific service fees or incidental charges or fees that may be charged by the hotel at checkout. These charges may be mandatory (e.g., resort fees) or optional (parking, phone calls or minibar charges) and are not included in your per night price.

10. Notices –Any notices required or permitted hereunder shall be given via email to : [email protected]

11. Seller of Travel Disclosures –California law requires certain sellers of travel to have a trust account or bond. Ozoby has a trust account with Bank of America. Ozoby is a participant in the California Travel Consumer Restitution Fund (TCRF).This transaction is covered by the TCRF if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $300 for transportation or travel Services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: tcrcinfo.org.

    If Traveller is purchasing from outside of California, this transaction is not covered by the California Travel Consumer Restitution Fund.

12. Local Customs and Laws –Some Traveller will be traveling to foreign countries, with different customs, standards, laws and risks than those Travellers are accustomed to. Traveller understands that he or she must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveller acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold Ozobi harmless for any such problems experienced while participating in their Trip.

    All Travellers must obey the local laws and regulations of the countries they visit on their Trip. Ozobi is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Traveller’s failure to obey any local, provincial or federal laws.

13. Legal Compliance and Proper Conduct –Traveller understands that their participation in a Trip may be terminated if Traveller is disciplined by any civil or criminal authorities, charter operator, or if Ozobi, in its sole discretion, determines that Traveller’s conduct is incompatible with the interests, safety or welfare of other Traveller or Service providers, their employees, or independent contractors. In this event, Traveller is responsible for arranging and paying for substitute travel and Accommodations.

14. Marketing Materials –Ozobi endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services offered. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are binding on Ozobi only to the extent that they illustrate the type or standard of such Services, and are not contractual nor are they to be construed as guarantees of the conditions of the places or Accommodations pictured at the time of your Trip.

    The travel information that we provide you on our site and in newsletters, brochures and the like about options for Accommodations, excursions, restaurants, bars/clubs, etc. comes from a variety of sources, including information published by the establishments themselves, by other travel guides, and on-line research, and is believed to be accurate. Nonetheless, some of the information could not be independently verified and may be inaccurate and not up to date. You should not view the information as recommendations, and should do your own investigation to confirm that the business/site in question is still operational and suits your needs.

    Ozobi may occasionally use statements made by its Travellers and/or their photographs, images, or other likenesses, in various marketing materials, on our website, or at promotional events. Traveller fully consents to such use of Traveller’s statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to Traveller and grants Ozobi a non-revocable license for said use.

15. Limitation of Liability –IN NO EVENT SHALL OZOBI BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF OZOBI HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL OZOBI’S TOTAL AGGREGATE LIABILITY TO THE TRAVELLER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELLER TO OZOBI UNDER THIS AGREEMENT.OZONE IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY OZOBI ARE THIRD PARTY VENDORS AND OZOBI RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, OZOBI DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF OZOBI HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.

16. Disclaimer of Warranties –UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY OZOBI ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OZOBI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH OZOBI. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

17. Indemnification and Release –Except as otherwise set forth herein, Traveller hereby releases Ozobi from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveller’s participation in a Trip, whether caused by the negligent, intentional, or reckless conduct of Traveller, a Service Provider, a provider of Accommodations, another third party, or otherwise.

    Traveller hereby also agrees to indemnify, defend and hold harmless Ozobi from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against Ozobi regarding, resulting, or arising from Traveller’s participation in a Trip or Traveller’s performance of this Agreement.

18. Force Majeure –Ozobi shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Ozobi’ reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Ozobi or deemed by Ozobi to constitute a danger to the safety and well-being of Travellers. Ozobi reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure.

19. AIR TRANSPORT

    • General conditions governing air transport Ozobi’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned in our electronic brochure and advertisements. Ozobi is not able to specify the type of aircraft to be used by any airline. In addition, Ozobi is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel the contract without penalty due to a change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. Ozobi will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial.

      Direct flights may be “non stop” or may involve one or more stop-over (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. OZOBI will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

      Ozobi will not bear any liability, particularly in the event of timetable changes, delays, cancellations, etc., attributable to force majeure (labor disputes, strikes, storms, wars, earthquakes, epidemics, etc.) or in the event that, after the specified arrival time at the airport, it is found that the customer is refused boarding for failure to comply with the administrative or health formalities, or failure to check-in.

    • Problems related to the issuance of e-tickets As of June 1st, 2008, the International Air Transport Association (IATA) has imposed new rules with regard to the issuing of air travel tickets. As of that date, travel agencies and airlines have an obligation to only issue travel tickets via electronic means (i.e. electronic ticket or “e-ticket”).

      Due to technical constraints to do with airline’s restrictions in relation to certain requirements (infants under the age of 2, inter-airline agreements, groups, etc.), it may be impossible to issue an electronic ticket. Therefore, though a flight may be shown as available, it might prove impossible for us to honor your reservation. This situation, which is outside our control, will not result in liability on our part.

      If we cannot issue you an e-ticket, we will contact you to propose an alternative route solution. This could involve a different tariff and/or additional costs for which you would be responsible. In the event of the absence of an alternative solution, your refusal to pay any tariff difference, or if the issuance of tickets proves impossible, we would be forced to cancel your reservation at no cost to you. We will provide you with a full refund within 30 days after determining that there is no alternative solution possible.

    • Failure to check-in Failure to check-in for a flight on the outward journey (on a charter or scheduled flight) will automatically result in cancellation of the return flight by the airline. We would encourage you to contact us on the date of departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline company.

      Any interrupted or shortened journey, or any service that you do not take up, will not entitle you to a refund. If you have taken out insurance coverage, and in particular insurance for the interruption of a stay, you must comply with the procedures for cancellation appearing in your insurance contract.

    • Flight connections If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.).

      If you organize your own connecting transport with the arrangements booked with Ozobi, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. You are also advised not to make any important appointments for the day following your return date.

      Ozobi cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.

    • The return Whatever the type of flight, scheduled or charter, it is essential that the return be re-confirmed locally with the airline within 72 hours prior to the envisaged date of departure. For package Trips, this formality is generally performed by the local representative or agent. We would draw your attention to the fact that this procedure is compulsory and that, if you fail to do so, your seat cannot be guaranteed by the airline, which has the right to allocate your seat to someone else. In addition, this procedure also gives you the opportunity to confirm the times of your return flight which may have been altered in the meantime. Ozobi cannot be held liable for any negligence on your part in failing to re-confirm your return flight.

    • Luggage Ozobi assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip. The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, baggage check-in slip, and the declaration. It is recommended that you take out an insurance policy covering the value of your items.

      Additional and oversized baggage fees: Most airlines have their own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

    • Babies and infants Babies (up to 2 years of age) do not occupy a seat; the price of the ticket is generally 10% of the official rate. On certain flights children (from 2 to 11 years of age) may be granted a reduction, except on charter flights.

    • Pregnancy Different airlines have their own restrictions on when pregnant woman may fly on their plane, which can range from prohibiting flying anywhere from 7 to 30 days by the due date. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, Ozobi will not be responsible for any resulting cancellation fees and charges.

20. Representations and Warranties –Traveller represents and warrants that Traveller: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to Ozobi to facilitate Traveller’s Trip is true and accurate. Traveller authorizes Ozobi to make any such investigations as Ozobi determines to be necessary, at their sole discretion, to determine Travellers eligibility.

21. Medical and Physical Condition –Medical Emergencies. Some activities available on Ozobi’s Trips are physically active and interactive, so you must be in good physical condition and health to participate in them. Various water activities and sports available on our Trips (including jet skiing, snorkeling, surfing, etc.) require various skills and abilities such as: the ability to swim, hand to eye coordination, balance, and an awareness of your surroundings. Traveller certifies they will not take any alcoholic beverages or drugs that may impair their physical or mental abilities before their participation in an adventure or water activity while on a Trip.

    Traveller certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip. Traveller understands that in the event of injury to Traveller, or exacerbation of Traveller’s medical condition, Ozobi may not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to Traveller, but Traveller recognizes that Ozobi is not obligated to take any action to facilitate or assist that treatment. The quality of medical personnel and facilities vary from region to region and cannot be controlled by Ozobi. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. Ozobi is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveller releases Ozobi from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveller, Ozobi, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.

22. Disputes –Governing Law, Jurisdiction, etc. These Terms and Conditions and the relationship between Traveller and Ozobi will be governed by the laws of the State of California without regard to its conflict of law provisions. Traveller and Ozobi agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California with respect to any legal proceedings that may arise in connection with, or relate to, a Trip, these Terms and Conditions, our Privacy Policy, Ozobi’s website or any literature or materials concerning Ozobi and our Trips. Traveller and Ozobi agree to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not personally subject to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.

23. Attorney’s Fees, Costs, and Expenses of Suit –If any act of law or equity, including an action for declaratory relief or any arbitration proceeding is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Trip, our Privacy Policy, Ozobi’s website or any literature or materials concerning Ozobi, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

Assignment –Traveller may not assign his rights or obligations hereunder without the prior written consent of Ozobi.

24. Severability and Survivability –If any provision, or portion of a provision in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveller and Ozobi agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

    Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

25. Entire Agreement, Waiver, Etc –These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s right thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Ozobi does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in writing signed by both the parties.