Terms and Conditions

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1.     Pathinator, Inc., as your travel agent, will make arrangements with carriers, hoteliers and other independent service providers (“Suppliers”) to provide you with the travel, lodging and competitions included in Pathinator services (“Pathinator Travel and Competitions”). We have taken all reasonable steps to ensure that proper arrangements have been made for your Pathinator Travel and Competitions. However, Pathinator, Inc., and its affiliated entities and its employees, shareholders, officers, directors, successors, agents and assigns (“Pathinator Representatives”), neither own nor operate any Supplier which is to, or does, provide goods or services for these trips.

2.     Pathinator, Inc., is not a carrier or hotelier nor does it own aircraft, hotels or coaches. All bookings with Suppliers for such services carriers are subject to the terms and conditions and limitations of liability imposed by such Suppliers. Please note that some of these terms and conditions of such Suppliers may limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. While we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give reasonable assistance in helping to resolve any reasonable dispute.

3.     You hereby authorize Pathinator, Inc., to act as your travel agent in arranging the Suppliers to provide you with the travel and lodging services provided as part of your Pathinator Travel and Competitions. Any agreement that we enter into for travel and lodging services with Suppliers will be in your name and on your behalf, and you agree that you will be contractually bound by any agreement with such Suppliers. Such Suppliers will benefit from the provisions of this agreement as if you had entered into this agreement with such Suppliers.

4.     You agree to comply with the authority and decisions of the appointed Pathinator Representative and the laws of the country in which you are traveling. If you do not so comply or if, in the Pathinator’ Representative’s opinion, you are not compatible with the general enjoyment and well-being of other participants or the smooth operation of the Pathinator Travel and Competitions itself, we reserve the right to refuse to let you continue. In such event, you will be responsible for your own repatriation and related costs and have no claims against us. You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to the hotel and Pathinator Representative as soon as it is discovered.

5.     You grant to Pathinator, Inc., the worldwide right to take visual/audio images of you and to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, transmit, have transmitted, create derivative works based upon and promote all such visual/audio images and any visual audio/images provided to Pathinator, Inc., by you. You agree that Pathinator, Inc., owns all such visual/audio images and all rights related to them. “Visual/audio images” includes any type of recording whatsoever, including but not limited to photographs, digital images, drawings, renderings, voices, sound or video recordings, audio clips or accompanying written descriptions. The visual/audio images may be used in any manner or media without notifying you in advance. Such potential uses include promotional, advertising, and trade, through any medium or format, including, but not limited to, videotape, audiotape, film, photograph, television, radio, digital, internet, theater, or exhibition and may appear on Pathinator, Inc.,-sponsored web sites and in publications, promotions, broadcasts, advertisements, posters and theater slides. You waive any right to inspect or approve the finished visual/audio images or any printed or electronic matter that may be used with them, or to be compensated for them. You understand that you will receive no consideration, monetary or otherwise, in return for Pathinator, Inc., use of such visual/audio images. You release Pathinator, Inc., and those acting pursuant to its authority from liability for any violation of any personal or proprietary right you may have in connection with such recording or use.

6.     If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Pathinator Inc.,’ control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.

7.     As your travel agent, Pathinator, Inc., makes arrangements with Suppliers to provide you some or all the travel services you purchase. These parties are independent suppliers over whom Pathinator, Inc., has no direct control. Pathinator, Inc., is responsible to you for properly arranging and conducting your Pathinator Travel and Competitions only. Unless caused by its own or its Representatives negligence, Pathinator, Inc., is not responsible for and accepts no liability in respect of any claims, losses, damages, costs or expenses arising out of:
(a) personal injury, sickness, disease, accident or death, however caused, including without limitation, where same results from your conduct during the Pathinator Travel and Competitions;
(b) loss or damage to or delay of baggage or other property, unless resulting from Pathinator, Inc., negligence, in which case Pathinator, Inc., liability shall be limited to actual loss but in no event shall exceed the Pathinator Travel and Competitions Price;
(c) government action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, acts of war, insurrection, terrorism, Acts of God or any other causes beyond Pathinator, Inc., direct control. Pathinator, Inc., shall not be responsible for interruption of air carrier service due to airline default.
(d) acts or omissions, whether negligent or otherwise, of any Suppliers or their personnel (including, without limitation, transportation and accommodation services) or of any other person or body unless such a person or body is employed by us, or is an agent of ours, and is acting within the scope of his or her authority. In no event is Pathinator, Inc., liable for the acts or omissions of independent third party contractors or of its own employees or agents acting outside the scope of their duties.
(e) any defect in or failure of any vehicle, equipment, instrument owned, operated, or otherwise by any of these Suppliers; or
(f) any wrongful, willful, or negligent act or omission on any part of any other party not under the supervision or control of Pathinator, Inc.,.
(g) loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following:
(i) any matter or topic described in sub-paragraphs (a) to (f) inclusive above.
(ii) your failure to obtain the necessary documentation to travel.
(iii) your failure to arrive on time for initial departure or for connections within the Pathinator Travel and Competitions or to stay within or join your Pathinator Travel and Competitions at any time after initial departure.
(iv) your leaving the Pathinator Travel and Competitions prior to its completion.
(v) some of our activities are action and adventure orientated. Sports and similar activities inherently involve risks of injury greater than those that would be encountered if you were not participating in such, and therefore, by voluntarily taking part in any sports or other such activities, you thereby acknowledge and assume any of the risks inherent therein. In the absence of negligence on our part, or on the part of our agents and representatives, neither we nor they accept any responsibility for, and shall not be liable for, any injury, illness, damage, loss, accident, expense, delay or any other irregularity resulting from your participation in any of the activities made available to you.

8.     Pathinator Travel and Competitions are generally for the physically fit, and not for the frail or those not generally enjoying good health. A change of climate, food, time and varied cultural habits often affects travelers differently. We therefore recommend that you advise your doctor that you are taking one of our vacations and ask if he or she recommends anything for your trip, even for something as seemingly benign as an upset stomach. Since the brands of any medication to which you are accustomed may be unavailable in places to which you are traveling, we recommend you bring your own supply of any medication you will require and carry such medication in your hand luggage. Prescription drugs should be carried in the original labeled bottles. Should you fall ill, you should not hesitate to contact your own doctor. Also, please note that the same sorts of activities that can expose you to certain types of diseases at home can just as easily expose you to those same diseases abroad. This information is provided only for your convenience and we are not responsible or liable for any damages resulting from your failure to confirm or ascertain health information or medical precaution, if any, for the places which you will be visiting.

9.     Assumption of Risk. You acknowledge that you have voluntarily applied to participate in the Pathinator Travel and Competitions. You understand that you may travel to remote countries and areas that are inherently risky. You understand that some of the tasks may include activities that are inherently risky and acknowledge that your participation in any task is completely voluntary. You are prepared to assume the risks associated.