Terms and COnditions
PARTICIPANT TERMS AND CONDITIONS
IMPORTANT NOTICE TO PARTICIPANTS:
THESE TERMS AND CONDITIONS CONSTITUTE A PART OF YOUR CONTRACT WITH UNSETTLED AND, UPON ACCEPTANCE OF YOUR APPLICATION, GOVERN YOUR UNSETTLED TRIP AND PARTICIPATION IN THE UNSETTLED PROGRAM WHICH YOU ARE INVITED TO JOIN AND CONSTITUTE A BINDING CONTRACT AND TERMS AND CONDITIONS GOVERNING YOUR RIGHTS AND THE RELATIONSHIP BETWEEN YOU AND UNSETTLED.
UNSETTLED MAKES NO VERBAL OR WRITTEN REPRESENTATION, WARRANTY OR AGREEMENTS WITH RESPECT TO ANY UNSETTLED TRIP OR PARTICIPATION AND UNSETTLED’S RESPONSIBILITIES AND LIABILITIES ARE EXPRESSLY LIMITED AS PROVIDED IN THESE TERMS AND CONDITIONS.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING YOUR INVITATION TO BE A PARTICIPANT IN UNSETTLED. YOUR ATTENTION IS ESPECIALLY DIRECTED TO THE PROVISIONS OF THESE TERMS AND CONDITIONS LIMITING UNSETTLED’S RESPONSIBILITIES AND LIABILITIES FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS DAMAGES, CLAIMS RELATED TO CARRIERS, HOUSING, CANCELLATIONS, CHANGES, BAGGAGE AND PERSONAL PROPERTY AND YOUR RIGHTS TO SUE OR ARBITRATE AS WELL AS PENALTIES PAYABLE BY YOU IN THE EVENT YOU CANCEL YOUR RESERVATION OR LEAVE A TRIP EARLY REGARDLESS OF CAUSE OR WHETHER IT IS VOLUNTARY OR YOU ARE EXPELLED.
BY ACCEPTING YOUR INVITATION TO PARTICIPATE IN UNSETTLED, YOU CERTIFY THAT YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT WITH UNSETTLED AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS AS AN INTEGRAL PART OF YOUR AGREEMENT AND CONTRACT WITH UNSETTLED.
UNSETTLED is a travel program for remote workers as outlined on its website (www.beunsettled.co ) in such capacity we organize and negotiate UNSETTLED trip arrangements that are provided by independent third party providers. All services provided in connection with, before, during or after a trip, including but not limited to housing and transportation are provided, owned and operated by independent third party providers, whose employees, facilities, vehicles or vessels, products and services are not subject to UNSETTLED’s supervision or control and UNSETTLED is not their agent or responsible for their actions or inaction. In such capacity, UNSETTLED acts only as an arranger for any transportation carrier, hotel, hostel, apartment, ground operator, or other suppliers of services connected with specific UNSETTLEDs programs (“other providers”), and the other providers are solely responsible and liable for providing their respective products, provisions and services.
The responsibility of UNSETTLED in connection with your trip and program is strictly limited. UNSETTLED makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by other providers. We are not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party. You assume the risk of UNSETTLED’s negligence.
We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.
In connection with your trip, UNSETTLED shall not be liable to any participant for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.
UNSETTLED programs travel to a large number of countries around the world. You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States or your home country. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.
During your program, the availability of medical care may be limited or delayed. You acknowledge that all or part of your trip or program may be in areas where medical care and evacuation may not be available. You agree to indemnify and reimburse UNSETTLED in the event UNSETTLED elects to advance the cost of emergency medical care, including medical care provided as well as transportation and/or lodging in connection therewith.
For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your trip or program.
UNSETTLED INC., its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “UNSETTLED”) and its designated travel program team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a travel program, whether or not occasioned directly or indirectly by an act or omission of UNSETTLED or any other provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, hostel, apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against UNSETTLED and/or its designated travel program team members for any such loss, damage, injury, or death.
UNSETTLED reserves the right in their sole discretion to accept, decline to accept, or remove any participant on a UNSETTLED travel program at any time during the program period. UNSETTLED and the travel program team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.
Health: By registering for an UNSETTLED trip, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants.
Visas: UNSETTLED does not provide guidance on visa processes. The responsibility will ultimately be the participants’ to ensure they have the necessary visas to travel.
Background check: UNSETTLED reserves the right to do a background check for any legal or other reasons why that person should not be permitted to join the UNSETTLED travel program.
TERMS AND CONDITIONS
Included in Cost: Limited only to: Accommodations (where indicated), common workspace (where indicated), and ground transportation in line with the UNSETTLED itinerary, including associated transportation to and from airports (where indicated); common workspace; and miscellaneous activities and events, from time to time during the travel program.
Not Included: Passport, visa, and permit expenses; medical expenses and immunizations; transportation to initial destination and from final destination; personal expenses such as meals, laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
Payments, Cancellations, and Refunds: To reserve space on a UNSETTLED, a $500 per-person down payment is required upon acceptance by UNSETTLED of a participant to participate, with limited refundability as described on each particular trip’s deposit page (when within the available transfer period of a particular trips refund terms, up to 45 days before each trip start date, a $100 transfer fee applies to the amount that is transferable). Thereafter, full payment is due within 60 days of the start of the trip. Payments must be made by direct payment online. A participant may leave or be removed from UNSETTLED for any emergency or non-emergency reason. A participant can be removed from the program for non-payment at any time.
Travel refunds: During the program, no costs will be reimbursed. Arriving late or leaving an experience in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an expedition. If a participant requires a flight change, the team will assess the possibility and let the participant know the alternative options, if any.
Neither UNSETTLED, nor its designated travel program team members, shall be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s UNSETTLED departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
UNSETTLED reserves the right to cancel any potential travel program because of inadequate enrollment or any other reason that makes the program economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a program is canceled prior to departure, UNSETTLED will provide participants with a full refund of monies paid to UNSETTLED; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the program as planned, in which case UNSETTLED will provide participants with a refund and/or credit toward a future UNSETTLED experience equivalent to monies paid to the tour operator. If UNSETTLED cancels a program in progress, participants will receive a prorated refund based on the number of days not completed on the program. Except as outlined above when UNSETTLED cancels a program, UNSETTLED has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled program or for any additional arrangements should participants embark prior to the scheduled group departure date.
Employment: UNSETTLED is not responsible for any job placement of the participants. In the event that a participant loses his or her job during the program, he or she will be responsible for finding a new job and continuing to pay the monthly fees on time. In addition, to preserve the customer-service provider relationship, UNSETTLED does not employ or contract with participants during the course of their designated UNSETTLED program.
Itinerary Changes: The itineraries and travel program team members presented on the website are subject to modification and change by UNSETTLED. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
Documentation: Participants are responsible for obtaining any documents required for their participation in the expedition such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
Health Requirements: Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. UNSETTLED encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain programs may require that the participant obtain medical consent prior to departure as a condition of participation.
Medical Authorization and Coverage: In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct participant’s care, and UNSETTLED is unable or does not have time to contact participant’s emergency contact, the participant, by registering and paying a down payment for an UNSETTLED trip, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, by applying each participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
UNSETTLED has the right to contact your stated emergency contact for any reason related to your health or safety.
Illegal Activity: All participants are expected to abide by the laws in each country visited. If a participant at any point during the program performs any illegal activity, UNSETTLED is not responsible for legal ramifications of that action.
RIGHT TO EXPEL PARTICIPANTS:
We reserve the right to expel any participant from a trip or remove a participant from a vessel, vehicle or housing for any reason, including, but not limited to, lack of payment or if we deem this necessary for the comfort, convenience or safety of the other participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment of that of other participants, or if we determine you have engaged in illegal actions. If we remove you from a trip in progress or remove you from a vessel, vehicle or housing, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for the cancellation fee and your travel costs to return back home.
PHOTOGRAPHS AND VIDEO: We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.
Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER:
a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with a trip or program or against UNSETTLED must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your trip or against UNSETTLED, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in the state of Delaware, to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Delaware. You agree that the costs of the arbitration shall be split between the parties The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionable, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Delaware. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You and we further agree to permit the taking of a deposition under oath of the passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.
c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR YOUR TRIP OR PROGRAM AGAINST UNSETTLED AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE STATE OF DELAWARE, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR TRIP OR PROGRAM AGAINST ANOTHER PROVIDER OR A NON-AFFILIATED THIRD PARTY SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your trip and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the State of Illinois without regard to conflicts of law principles.
e) WAIVER OF CLASS ACTION: THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A PARTICIPANT INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PARTICIPANT TO PARTICIPATE IN A CLASS ACTION. IF A CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH PARTICIPANT AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
And lastly, thank you for reading. We look forward to seeing you soon. 🙂