Terms of Service for Trips/Retreats

PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE E-MAIL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS AT INFO@BLKGETAWAY.COM

Please thoroughly review these terms and conditions of BLK GETAWAY, LLC, herein referred to as BLK GETAWAY. The travelers (“guests”) of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the guests to inform all other parties traveling of the contents of these terms and conditions. By accepting this receipt and making payment to BLK GETAWAY, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.

1.  BOOKING WITH BLK GETAWAY

The guest confirms the booker must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by BLK GETAWAY to confirm such booking. The guest is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, arrival/departure airports, accommodations, and organized activities on your booking receipt. Guest(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions found during their book. The guest is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the guest(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents. Please notify BLK GETAWAY immediately if any omissions and/or corrections are needed regarding the booking details.

At any time before a booking is confirmed, BLK GETAWAY reserves the right to increase or decrease trip prices of any products and/or activities. BLK GETAWAY reserves the right to decline any booking, in their sole discretion.

2.  TRAVEL DOCUMENTS AND FORMS

Guest(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Guest(s) assumes sole responsibility for, and hereby releases BLK GETAWAY from any claims or responsibility for any and all damages incurred as a result of guest(s) failure to comply with applicable documentation requirements, including but not limited to the requirement that all guests procure, and have on their person the proper travel documents at all times. BLK GETAWAY recommends the guest(s) consult with the appropriate domestic and foreign governmental agencies and consulates for the current document requirements. Here are some recommendations (note: This is not a full comprehensive list of reference sites and is provided solely for your convenience.  These sites are owned and operated by third parties who may alter the URL at any time without notice):

Trip Details: The guest also acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the BLK GETAWAY website and e-mail correspondence, including, but not limited to checking the website or e-mail communication at least 72 hours prior to departure to ensure the guest has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by BLK GETAWAY.

3. APPLICATION PROCESS

All prospect and/or spectating consumers agree to complete BLK GETAWAY’s application process prior to receiving or having the ability to book a trip/retreat. Applicants agree and are responsible for sharing accurate information on the application. Applicants will receive an “approved” or “denied” decision from BLK GETAWAY via e-mail in regard to their application status. BLK GETAWAY has the right and full desertion to to deny and/or cancel applications without advance notice to the applicant. Approved applicants will be automatically added to future trip/retreat e-mail marketing lists and are only required to complete a one (1) time application, prior to approval. Approved applicants will receive a non-transferrable booking link to secure their “reservation” for a trip/retreat. A booking link is valid for a 1 time/1 person booking, once a booking link is received. Failure to adhere to these application terms and booking process can result in the cancellation of the guests reservation. BLK GETAWAY reserves the right to provide all approved applicants with an outline of behavioral guidelines for trips/retreats. Approved applicants failure to adhere to these guidelines will result in trip termination and/or cancellation without the option to reapply.

4. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All guests should consult their physician regarding their health and wellness for travel prior to book any BLK GETWAY trips and/or retreats. BLK GETAWAY encourages all guests to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the guests travel with BLK GETAWAY. BLK GETAWAY does not provide medical advice and/or care during travel journey’s. Guests must notify BLK GETAWAY in writing at least 30 days prior to travel departure of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the guests health and wellness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any trip or in any capacity with BLK GETAWAY. Certain trips may not be suitable for all guests due to restrictions by limitations in mobility, physical or cognitive disability, pregnancy, physical endurance level or various other physical or mental conditions. It is the guests responsibility to assess the risks and requirements of each trip in light of such guest’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such guest. BLK GETAWAY may refuse to accommodate pregnant women over twenty-four (24) weeks or guests with certain conditions, if suitable accommodation or alternate trips or services cannot be arranged. Travel packages, as offered by BLK GETAWAY, by its nature may involve touring remote or less developed regions, where medical facilities may not be available and/or meet the standards of those found in a guest’s home country. BLK GETAWAY will attempt to accommodate the special requests of guests on a limited basis, such as dietary and/or allergy restrictions, but such requests are not part of these Terms or the contract between guests and BLK GETAWAY and BLK GETAWAY is not liable for any failure to accommodate or fulfill such requests.

Traveling with children/minors: Traveling with minors is not allowed on a BLK GETAWAY travel package.

5. PAYMENTS

BLK GETAWAY accepts trip booking payments via WeTravel, a third party online payment platform that offers organizers with pre-departure tools to collect funds and organize logistics. Payments are made securely online. Booking payments are accepted via bank payments or credit card payments such as Visa, American Express, Discover, and/or Mastercard. WeTravel reserves the right to charge service fees associated with BLK GETAWAY trips/retreats including a 1% fee when paying via US bank accounts (this payment method is also called eCheck or ACH) and a 2.9% service fee for credit card payments (3.9% for AMEX). Guests agree to take full responsibility for fulfilling these service fees at checkout, during the time of booking. BLK GETAWAY is not responsible for service fees incurred as a result of guest booking using the WeTravel payment system.

Approved trip applicants are sent a direct booking link to hold their reservation for BLK GETAWAY trips/retreats. Reservations are held once a “deposit” is made or the full trip price is paid in full. Failure to provide a “deposit” or full payment, will result in the loss of the guest reservation. BLK GETAWAY provides an opt—in payment plan for guests. Automatic payments are directly applied to the guests account, every month, leading up to the departure of the BLK GETAWAY trip/retreat until the full trip payment is amended. If a scheduled payment is not received by BLK GETAWAY on or before the payment due date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, guest(s) voluntarily hold BLK GETAWAY harmless for cancellation of any booking for either late payment or declination of a credit card.

6. PAYMENT SCHEDULE/LATE PAYMENT/GUEST DETAILS

(a) Final Payment: Guests should refer to the confirmation email sent by BLK GETAWAY and/or their applicable confirmation email for details regarding payment schedule for any trips/retreats booked. Payment of the balance of the price for any trip/retreat is due no less than thirty (30) days before the departure date of the first trip/retreat to depart. If full payment is not received by such due date, trips/retreats may change the rate payable for the getaway, or may treat the booking of such trip/retreat as cancelled and shall retain the amount paid on booking as a cancellation fee, at BLK GETAWAY’s sole discretion. If a trip/retreat is booked less than forty-five (45) days before the departure date of the first trip/retreat to depart, then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any trip/retreat, payment terms differ from those outlined in this section, the applicable terms will be communicated to the guest prior to booking and shall also be detailed on the applicable invoice.

(b) Late Payment: Failure to make a payment within fourteen (14) days of the agreed upon date, after an automatic payment attempt, is a breach of contract and will result in the cancellation of your booked travel package. BLK GETAWAY maintains the right to assign your spot to the next eligible guest on the wait list. 

(c) Client Details: As a condition to valid confirmation of any booking with BLK GETAWAY the guest must provide all necessary information as requested by BLK GETAWAY along with their final payment. If the guest fails to provide such information prior to thirty (30) days before the departure of the purchased trip/retreat, an Administrative Fee will be charged to the guest, and BLK GETAWAY reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by BLK GETAWAY, in its sole discretion. The information required from each guest will vary by destination and/or trip package purchased.

(d) Credit Card Charges: As mentioned in the “payment” section, BLK GETAWAY is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the guest as a result of credit card or other payment transactions in connection with the purchase of a trip/getaway package and will not refund or return any fees charged by such third parties in connection with payments made by guests to BLK GETAWAY.

7. GUEST CANCELLATION

Any cancellation of a booking and/or a trip/retreat by a guest must be presented and shared with BLK GETAWAY in writing and be acknowledged by BLK GETAWAY in writing. Deposits are NON-REFUNDABLE and NON-TRANSFERABLE between persons. Minus your deposit, if cancellation takes place 89-31 days prior, 50% of your trip price will be forfeited. If cancellation takes place within 30 days of the trip, 100% of your trip will be forfeited. We can consider making an exception if you are able to book someone to take your place and/or medical and family emergencies with proof.

BLK GETAWAY is not responsible for any incidental expenses or consequential losses that the guest may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.

Guests purchasing trips/retreat packages are highly recommended to purchase comprehensive “cancel for any reason” insurance, to the extent such insurance is available under the laws governing each client's country of origin.

To cancel services booked through third party vendors, please contact the applicable vendor.

8. TRIP CANCELLATION BY BLK GETAWAY

BLK GETAWAY will not cancel a booking on any trip/retreat once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the control of BLK GETAWAY. When a trip/retreat is cancelled by BLK GETAWAY before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the guest, the guest shall have the choice of:

(i) accepting from BLK GETAWAY a substitute trip/retreat of equivalent or superior value, where such substitute is  available; 

(ii) accepting from BLK GETAWAY a substitute trip/retreat of lower value if no trip/retreat of equivalent or superior value is reasonably available, and to recover from the difference in price between the price of the trip/retreat originally purchased; or

(iii) accepting from BLK GETAWAY the trip/retreat rescheduled for another day in the calendar year (based on the availability of the destination and accommodations)

(iv) accept from BLK GETAWAY a full refund of all monies paid for the cancelled trip/retreat

BLK GETAWAY is not responsible for any incidental expenses or consequential losses that the guest may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. BLK GETAWAY reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the trip/retreat as described cannot be provided, BLK GETAWAY will make suitable alternative arrangements for the continuation of the trip activities(s). If it is not possible to provide a suitable alternative, BLK GETAWAY will provide the guest a refund of unused activities or excursions portions.

9. FAILURE TO USE SERVICES/ACTIVITIES

BLK GETAWAY shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the guest due to no fault of BLK GETAWAY, which shall include any termination of the guests participation in the trip/retreat activities, excursions, group outings, workshops, courses, etc. due to the guests own fault, negligence or breach of these Terms. 

10. PRICES, SURCHARGES AND TAXES

Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to thirty (30) days before the departure of such trip/retreat. After a Confirmation has been issued by BLK GETAWAY to the guest, BLK GETAWAY reserves the right to impose surcharges on any trip/retreat packages, but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes, local taxes, port fees, tourist fees, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable trip/retreats, but only where the increase in question is greater than two percent (2%) of the original price paid for the trip/retreat (excluding add-ons, insurance, and taxes). BLK GETAWAY shall provide notice to the affected guest(s) as soon as possible upon learning of the necessity to impose a surcharge in accordance with this section.

11. PRICING

The prices of trips/retreats advertised on the BLK GETAWAY website are based on estimated costs in effect at the time of posting to the website. BLK GETAWAY reserves the right to alter prices of any trip/retreat at any time prior to receipt of payment in full. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 9, above. Changes, revisions, or other amendments may be made to the particulars contained on the BLK GETAWAY website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

The Client acknowledges by booking a Product and/or agreeing to travel with BLK GETAWAYthat the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by BLK GETAWAY. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of BLK GETAWAY.

12. CHANGES

(a) Trip details: The itinerary is a general guide to the getaway and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the guest and the operator. Although the itinerary has been organized specific details and structure is provided in good faith, BLK GETAWAY may make improvements that stem from, but are not limited to, weather changes, local factors, past travelers’ comments, research, vendor cancellations, and other reasonable factors. As a guest, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.

(b) BLK GETAWAY will attempt to fulfill all trip/retreat activities and excursions as advertised. However, reasonable changes in the itinerary of any trip/retreat may be made where deemed necessary or advisable for operational reasons by BLK GETAWAY, in its sole discretion. If BLK GETAWAY makes a pertinent change (i.e. a change affecting at least 1-3 full days of the itinerary, or affects the theme/esthetic of the trip/retreat in its entirety) to any trip/retreat, BLK GETAWAY will inform the guest(s) booked on such trip/retreat of any major changes as soon as possible, provided that there is sufficient time before departure to properly notify all affected guests. If a Material Change is made more than fourteen (14) days prior to departure, the affected Client may elect to:

(i) accept the change and proceed with the updated travel plans;

(iii) book another activity/excursion of equal or lesser value, if available, with a refund payable to the guest of the difference in price; or

The affected guest must notify BLK GETAWAY of their decision in writing within seven (7) days of receiving the notification of alteration, or they shall have been deemed to accept the change and deemed to have agreed to the amended Product itinerary.

If any changes arises from reasons of Force Majeure, as herein defined, the guest shall be entitled to recover only the costs of the trip/retreat recoverable by BLK GETAWAY

Once a trip/retreat activity/excursion has departed, changes to such trip/retreat itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, guest enjoyment, or guest comfort. Any such changes are at the discretion of BLK GETAWAY and any indirect costs incurred as a result will be the responsibility of the guest. The guest acknowledges that they must have reasonable financial resources to cover incidental expenses on every trip/retreat on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that BLK GETAWAY shall not be liable for any guest’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.

BLK GETAWAY will not be liable for any indirect and or consequential losses associated with any changes to a trip/retreat itinerary.

(c) Changes made by the guest: Guests may contact BLK GETAWAY directly by email, to correct any errors in guests personal information recorded on their booking. Guest is responsible for ensuring that information provided to BLK GETAWAY in making their booking is accurate, up-to-date, and correct. A one-time transfer from one trip/retreat tour to another may be made one-hundred and twenty (120) days or more prior to departure of the applicable trip/retreat for a fee of $200, subject to trip/retreat availability and approval by BLK GETAWAY. If such transfer request is approved by BLK GETAWAY and the guest has transferred to (i) a more expensive trip/retreat, guest shall pay the difference in price between the cost of guest’s original trip/retreat and the new trip/retreat; or (ii) a less expensive trip/retreat, guest shall not be eligible for a refund of the difference in price between the cost of guests original trip/retreat and the new trip/retreat. Any request to transfer received less than 120 days before departure of the applicable trip/retreat will not be accepted and guest must cancel the trip/retreat booking in accordance with the cancellation terms herein and create a new booking for any other trip/retreat. The guest may only transfer a booking to a departure date 12 months from the original date of purchase. Any changes to the traveling guests name on any Product booking are subject to BLK GETAWAY’s approval and applicable Administrative Fees may apply, which will be payable by the guest.

(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to BLK GETAWAY’s approval. Any extra costs incurred for making the change will be charged to the guest along with an Administrative Fee. No changes are permitted to any booking within fourteen (14) days of departure of the first trip/retreat to depart under the applicable booking.

13. AIRFARE/AIRPORT PROCEDURE

BLK GETAWAY does not sell or offer airfare and does not have any association or partnership with airline providers as a part of our group trip/retreats, including but not limited to flight deals, flight booking (national or international), airline communications, airport check-in protocol, customs procedures, etc. unless otherwise listed as an accommodation on the trip/retreat itinerary. Guests agree and assumes full responsibility for any flights booked, including fees, costs, time/date of booking and/or failure to fulfill reserved flight bookings.

14. COVID-19 CLAUSE/RISK

Guest(s) agree that they are fully aware that there are a number of risks associated with receiving trip/retreat services, during the COVID-19 pandemic, including without limitation. Guests understand that they could contract COVID-19 or other diseases such as the flu which could result in a serious medical condition requiring medical treatment in a hospital or terminal illness. Guests understand that they will be subject to normal risks associated with receiving services such as physical injuries, including without limitation, from slips or falls, or allergic reaction. Guests and their heirs and successors, knowingly and freely, assume all such risks, both known and unknown, relating to receiving services as described above.

As a guest of a BLK GETAWAY retreat/trip, you hereby forever release, waive, relinquish, and discharge BLK GETAWAY and it’s employees, from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively referred to as “Damages”) as a result of being a customer and receiving services as described above.

Accommodation, transportation, activities and excursions, and other components of BLK GETAWAY trips/retreats will be arranged by BLK GETAWAY with local vendors to the region where the trip/retreat operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where trips/retreats take place are subject to the health and safety laws and regulations of that home country or region. BLK GETAWAY will also comply with all applicable health/safety laws and regulations in the regions where trips/retreats operate. The terms and conditions of all vendors will be applicable to the trip/retreat outlined. The liability of BLK GETAWAY will not exceed that of any vendor of any trip/retreat element. The elements that make up each trip/retreat shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.

15. ACCOMMODATIONS AND ACTIVITIES:  “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to guests including, but not limited to, hotels, bed and breakfasts, vacation rentals, quarters in cruise ships, motels, time shares, camp grounds, and resorts, in addition to meals and/or special services. And “activities” are defined as excursions/adventures/journeys during a trip/retreat. This includes but is not limited to:

(a) Accommodation Classifications: The number of stars attributed to the hotels and other providers of accommodations quoted by BLK GETAWAY correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country.  The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. BLK GETAWAY makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc.  We reserve the right, for technical reasons, in cases of ‘Force Majeure’ or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services.  This would only be in exceptional circumstances and in such cases we will inform guest(s) as soon as possible.

(b) Room vacating and possession: Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, it is the guest responsibility to check with the hotel ahead of time to verify the relevant policies and times. BLK GETAWAY is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room. Guests are also liable and responsible for any incidentals or damages occurred during their room occupancy.

(c) Types of room: Room classifications and amenities may vary by hotel and/or country. BLK GETAWAY will make the best effort to outline all amenities provided by the hotel/overnight accommodation based on the details shared from said hotel/overnight accommodation. However, guests are responsible for checking the hotel ahead of time to verify the specific amenities offered at the time of their stay is acceptable. BLK GETAWAY makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered. Any details and/or details shared about the hotel/overnight accommodation are a direct reflection of the details shared by the hotel/overnight accommodation and their marketing.

(d) Meals

Meals are covered based on the details outlined on the trip/retreat that guest(s) book:

  • All-inclusive: This includes accommodation, breakfast, lunch, dinner and standard beverages (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic beverages may not be included and will be billed separately.

  • Full board: This includes accommodation, breakfast, lunch and dinner, but no beverages.

  • Half board: This includes accommodation, and some meals including breakfast and/or dinner or lunch. Beverages are not included.

In the case of full or half board, beverages may not be included, unless specifically mentioned in the trip/retreat itinerary or description. In some home countries drinking water is not included in the trip/retreat package, and any bottles of drinking water purchased are at the guests expense.  It is necessary to comply with the all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.

(e) Activities: An activity may not be appropriate for all ages or for individuals with certain medical conditions. BLK GETAWAY will not be held liable in the event of an incident or accident which is due to a lack of vigilance or discretion during an excursion/adventure/journey

Certain activities detailed in the trip/retreat description may be cancelled and/or postponed for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached. Entertainment and activities may vary in frequency pending the quantity of tourists in the trip/retreat home country. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand.  The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question.  You agree that BLK GETAWAY is not liable for activities unavailable due to any of the reasons listed above.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WTA SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.

(g.) Traveler Conditions: Guests with special needs or a disability must notify BLK GETAWAY prior to booking to confirm accommodations can meet their special needs. BLK GETAWAY does no guarantee or assume the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.  BLK GETAWAY has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation during a trip/retreat, work with BLK GETAWAY to contact the vendor directly.

16. GUEST RESPONSIBILITY

At all times the decision of the BLK GETAWAY team or other designated representative(s) will be final on all matters regarding safety and well being of guests and operational requirements of the trip/retreat. By traveling with BLK GETAWAY, the guest agrees to abide by the authority of the BLK GETAWAY staff or designated representative. The guest must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable trip/retreat. If the guest is affected by any condition, medical or otherwise, that might affect guest’s ability to travel or participate in adventure travel activities, guest’s enjoyment of the trip/retreat being booked, the ability to travel or enjoyment of any other guests on the trip/retreat, or the treatment to be administered to the guest in any emergency situation, the guest must advise BLK GETAWAY at the time of booking. Guests agree to review all health/safety mandates and protocols in relation to COVID-19 prior to travel and agree to abide by that country’s COVID-19 heath/safety standards.

Should the guest fail to comply with the above or commit any illegal act when on the trip/retreat or, if in the opinion of the BLK GETAWAY staff (in his/her and/or BLK GETAWAY’s sole discretion), the guests behavior is causing or is likely to cause danger, distress or material annoyance to others, BLK GETAWAY may terminate that guests travel arrangements on any trip/retreat immediately without any liability on BLK GETAWAY’s part and the guest will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.

Guests agree that they are responsible for any costs incurred by BLK GETAWAY, BLK GETAWAY vendors or BLK GETAWAY partners, as a result of damage, destruction, theft, or excess cleaning fees related to guests accommodation, transport, or other use of facilities while on the trip/retreat. Guests agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a BLK GETAWAY staff as soon as possible upon discovery by the guest.

Guest agrees to take all prudent measures in relation to their own safety while on any BLK GETAWAY trip/retreat, including, but not limited to, the proper use of safety devices such as seat belts, harnesses, and helmets, and obeying all posted signs and warnings in relation to guest health and safety. BLK GETAWAY shall not be liable for any failure on the guests part to comply with this paragraph.

17. FORCE MAJEURE

BLK GETAWAY shall not be liable in any way to the guest for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for BLK GETAWAY’s failure to commence, perform and/or complete any duty owed to the guest if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, pandemic, epidemic, or any other cause whatsoever beyond the reasonable control of BLK GETAWAY; or an event which BLK GETAWAY or the vendor of services, even with all due care, could not foresee.

18. TRAVEL INSURANCE

Travel insurance protection is Strongly Recommended. As your travel partner, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your trip/retreat. We do not offer coverage. However, we do recommend coverage through a carrier and we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely on guests to research and find coverage that best fits their individual needs.

By declining travel protection, guests acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. Guests also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. BLK GETAWAY recommends TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF $200,000 USD covering all applicable dates of any travel with BLK GETAWAY and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended and encouraged that guests also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the guest. BLK GETAWAY shall have no liability for loss, theft of or damage to baggage or personal effects of guests while participating in a trip/retreat. Guests should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. BLK GETAWAY cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by BLK GETAWAY such as hotels, home-stays, vessels, expedition vehicles, or any other mode of transportation. Guests acknowledges that the cost of the trip/retreat does not include any insurance coverage for such guest, and that the guest is required to obtain separate coverage at an additional cost to the trip/retreat price. When obtaining travel insurance the guest must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable BLK GETAWAY trip/retreat.

19. DISCOUNTS AND PROMOTIONS

All discounts and any reduced pricing and/or promotional benefits are applied at BLK GETAWAY’s sole discretion. From time-to-time BLK GETAWAY may offer reduced pricing on selected trips/retreats to THE BLK NETWORK members. The reduced pricing applies strictly to members that have new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment has been made in full or in part and has been received by BLK GETAWAY) are not entitled to the reduced pricing. Guests agree that if they have previously cancelled a booking in their name for a trip/retreat, they shall not be entitled to re-book on the same or any similar trip/retreat with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount. 

20. CLAIMS AND COMPLAINTS

Guest agrees to bring any complaints regarding an experience to BLK GETAWAY as soon as possible in order to provide BLK GETAWAY with the opportunity to address such complaint properly. Guest agrees to inform the staff at its earliest convenience, or to inform BLK GETAWAY’s trip host directly. BLK GETAWAY assumes no liability for complaints that are not properly brought to the attention of BLK GETAWAY with sufficient notice for BLK GETAWAY to resolve or attempt to resolve any guest complaints. Any complaint made after the completion of a trip/retreat must be received in writing by BLK GETAWAY directly at info@blkgetaway.com, subject line: [COMPLAINT] within thirty (30) days of the end of the trip/retreat. Guest acknowledges and agrees that BLK GETAWAY will not accept any liability for claims received after this period.

21. GUEST RESPONSIBILITY

The guest acknowledges and agrees that BLK GETAWAY is not responsible for providing information or guidance to the guest with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where trip/retreats are operated, and BLK GETWAWAY strongly encourages that guests locate or make contact with his/her local embassy or consulate in each destination prior to departure on any BLK GETAWAY trip/retreat. Such information provided by BLK GETAWAY will be considered a courtesy.

22. ADDITIONAL AMENITIES

Additional Amenities (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the trip/retreat description, schedule or itinerary, or in the price of the trip/retreat) do not form part of the trip/retreat. Guest agrees that any assistance given by the BLK GETAWAY staff or host in arranging, selecting, or booking any additional amenities is purely at the request of the guest as a courtesy, and BLK GETAWAY makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any additional amenities or participation thereon by any guest, or any information provided by any BLK GETAWAY staff for any amenities. Accordingly, the guest hereby releases BLK GETAWAY from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to additional amenities.

23. LIABILITY

BLK GETAWAY is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any guest, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the trip/retreat(s), or a force majeure event (as herein defined).

THE GUEST MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO BLK GETAWAY ANY SUCH FAILURE THAT THE GUEST ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of BLK GETAWAY or of the third-party vendor of any services which form part of the Contract, then BLK GETAWAY limits its liability and any liability BLK GETAWAY may incur for the negligent acts and/or omissions of its vendors shall be limited to a maximum of the price which the guest paid for the trip/retreat experience, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then BLK GETAWAY’s liability will not exceed $1,000. BLK GETAWAY will not at any time be liable for any loss of or damage to valuables of any nature. The guest agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against BLK GETAWAY and its vendors, contractors or other third parties.

24. VENDORS

Hotels, transportation services or other constituent elements of a trip/retreat will be arranged by BLK GETAWAY with vendors local to the regions in which the trip/retreat is held, who may themselves engage the services of other local operators and/or sub-contractors. BLK GETAWAY will at all times engage with and contract local vendors. The terms and conditions of the vendors will be applicable and are expressly incorporated into these Terms, and the guests assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the vendor. The liability of BLK GETAWAY will not exceed that of any vendor. All vendors will be selected and assessed by BLK GETAWAY in reference to local laws and regulations in the relevant country of operation. Neither BLK GETAWAY nor any carrier is liable for the acts or omissions of any independent contractors.

25. SEVERABILITY

In the event any term or condition is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the term or condition and all other provisions should continue in full force and effect as valid and enforceable.  If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

26. CONTRACT PARTIES, SUCCESSORS, AND ASSIGNS

These Terms shall inure to the benefit of and be binding upon BLK GETAWAY and the guest and their respective heirs, legal personal representatives, successors, and assigns, as well as anyone named in any booking made by the booking guest on whose behalf the guest is purchasing any trip/retreat.

BLK GETAWAY LLC, exists under, and is pursuant to, the applicable laws of New York City.

27. GOVERNING LAW AND JURISDICTION

The Contract and these Terms are subject to the laws of New York City, and all guests submit to the exclusive jurisdiction of the courts located in New York, United States for the resolution of any dispute under these Terms or concerning a trip/retreat.

28. ONLINE BOOKINGS

All online reservations shall be deemed as booked in the United States, and shall be subject to United States law and jurisdiction.

29. IMAGES AND MARKETING

The guest agrees that while participating in any BLK GETAWAY experience, images, photos or videos may be taken by other guests and/or BLK GETAWAY contractors or staff that may contain or feature the guest in part or in whole. The guest acknowledges that they consent to any such pictures being taken and agree that guest hereby grants a perpetual, royalty-free, worldwide, non-exclusive right to reproduce, license to BLK GETAWAY LLC, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotion such as mail, email, social media, or BLK GETAWAY websites), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the guest or compensation payable to such guest.

30. REFUSAL OF SERVICE

BLK GETAWAY retains the right to refuse service to any guest at any time, for any lawful reason whatsoever, in its sole discretion and/or application process.

31. AMENDMENTS

BLK GETAWAY reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the BLK GETAWAY website (www.blkgetaway.com or BLK GETAWAY/WeTravel microsite). The latest Terms, as amended, may be accessed any time on BLK GETAWAY's websites, or will be sent to guests upon their written request to BLK GETAWAY. Clients shall be deemed to have accepted any amendments to these Terms on the date that is posted on the BLK GETAWAY websites. BLK GETAWAY recommends that all guests refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

32. MISCELLANEOUS

(a) Payment Plans. On your payment due date, BLK GETAWAY will deduct guests’ payment from the payment account guest designated at the time of purchase or as updated thereafter. Automatic payments will be debited from guests’ designated account on the payment due date indicated and agreed upon on guest accounts.