1. GENERAL Coherence Works LLC, a company based in Yerevan, Armenia d/b/ as “Dubbed Adventourer” (“Dubbed-Adventourer.com” “we,” “us,” “our”) provides a virtual marketplace that connects tour operators in The Region with unique knowledge of and experience with their particular destinations, activities, products or services (“Partner”) with travelers seeking to explore such destinations, activities, products or services (“Travelers”) (collectively, the “Services”). These Services are accessible at http://dubbed-adventourer.com and any other websites through which Dubbed Adventourer makes the Services available (collectively, the “Sites”). By using the Site, you agree to comply with the terms and conditions herein (“Terms“).
THE SITE COMPRISES AN ONLINE PLATFORM THROUGH WHICH TRAVELERS MAY LEARN ABOUT AND BOOK ADVENTURES WITH THE PARTNERS.
Dubbed Adventourer is not a provider of the Adventures and does not own, furnish, provide, manage and/or control any transportation, tours, activities or services. Dubbed Adventourer’s responsibilities are limited to:
facilitating the availability of the Services;serving as the limited agent of each Partner for the purpose of facilitating communication, payment collection and collaboration between Travelers and Partners.
DUBBED ADVENTOURER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY ADVENTURES, AND HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD.
ACCORDINGLY, THE LISTING, PLANNING, PROVIDING, BOOKING OR PARTAKING IN ANY ADVENTURES ARE AT THE PROVIDER’S AND/OR TRAVELER’S OWN RISK.
Dubbed Adventourer reserves the right, at its sole discretion, to modify the Site or Platform or these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification.
2. BOOKING AND FINANCIAL TERMSKey definitions:“Adventure Fees” means the amounts that are due and payable by a Traveler in exchange for that Traveler’s participation in an Adventure and will be: 12% deposit due at the time of booking and full payment due 45 days prior to departure for the Adventure. If the booking is made within 45 days of departure, full payment is due at the time of booking.
“Non-Refundable Costs” means, where applicable, upfront costs incurred by a Provider to deliver an Adventure. These costs (such as the cost of issuing a Letter of Invitation) shall vary on a case-by-case basis depending on the Partner and the destination and shall be non-refundable.
“Total Fees” means the Adventure Fees plus Non-Refundable Costs.
For Travelers: The Partners, not Dubbed Adventourer, are solely responsible for making available any Adventures reserved through the Site and the Platform. In connection with your booking, you will be asked to provide customary billing information such as name, billing address to Dubbed Adventourer. In some, cases your passport scans will be requested as well.
3. TRAVELER REFUND POLICY Traveler Refund Policy: If a Traveler who books and pays for an Adventure has concerns over the quality of the Adventure, the Traveler may be eligible for a refund in accordance with the following Refund Policy: the Partner may, at their discretion, either (i) reimburse you up to the amount paid by you for the Adventure less any non-refundable amounts such as deposits and upfront costs, depending on the nature of the concern or (ii) use their reasonable efforts to find and book you another Adventure which in their determination is reasonably comparable to the Adventure described in your original reservation in terms of content and quality.
A valid concern over quality generally falls into the following categories:The Partner offering the Adventure cancels a reservation within 24 hours before the scheduled start of the Adventure;The description of the Adventure in the Listing on the Site is materially inaccurate with respect to the content of the Adventure;During the Traveler’s Adventure, the conditions of the Adventure do not meet safety or health standards that would be reasonably expected in a given destination, given the nature of the particular Adventure.
Conditions to raise concerns over quality: Only a Traveler may submit a concern over quality. If you are a Traveler, in order to submit a valid concern and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
You must report the issue to Dubbed Adventourer and the relevant Partner in writing and provide information (including evidence) about the Adventure and the circumstances of the concern within 24 hours after the start of your adventure;You must not have directly or indirectly caused the issue (through your action, omission or negligence); andYou must have used reasonable efforts to try to remedy the circumstances of the concern with the Partner’s representative, such as the guide (and you must provide evidence of having done so).
4. USER CONDUCTUser Conduct: You are solely responsible for all content, including, but not limited to code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Site, Platform or Services. Dubbed Adventourer reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.
5. ONLINE CONTENTOnline Content: You acknowledge and agree that the Site or the Platform may contain content or features (“Online Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Third Party Material: Under no circumstances will Dubbed Adventourer be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Site or the Platform: With respect to the content or other materials you upload through the Site or the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content.
6. DISCLAIMERS AND LIMITATION OF LIABILITYDisclaimer of Warranties:IF YOU CHOOSE TO USE THE SITE OR THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE SITE AND THE PLATFORM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR TRAVELERS.
Limitation of Liability: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE PLATFORM AND CONTENT, YOUR LISTING OR BOOKING OF ANY ADVENTURES VIA THE SITE AND THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SITE AND THE PLATFORM, WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
Indemnification: You agree to release, defend, indemnify and hold Dubbed Adventourer and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any and all losses, damages, expenses, rights, claims, actions of any kind arising out of or in any way relating to:(a) your access to or use of the Site and the Platform,(b) any Online Content;(c) your (i) booking of an Adventure, (ii) creation of a Listing, or (iii) participation in an Adventure.
7. TRAVELERS’ ACKNOWLEDGMENT OF RISKAcknowledgment of Risk: If you are a Traveler booking an Adventure, you understand and acknowledge that your travel in connection with, and participation in, the Adventure may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, directors, employees, contractors, subcontractors, officers or agents of Dubbed Adventourer. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers, and hazards are a possibility in connection with your travel and recreational activities which may take place during your Adventure.
Express Assumption of Risk and Responsibility/Participation: If you are a Traveler booking an Adventure, in recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the Adventure, that you are willingly and knowingly electing to participate in the Adventure in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, including emotional injury or injury to person or property, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of Dubbed Adventourer or of other travelers in the Adventure. You understand and acknowledge that due to the possibility of remoteness of where you may travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s). It is your responsibility and obligation to inform a Partner at the time of your booking, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the Adventure or any activity on the Adventure.
Travel InsuranceBecause of the nature and uniqueness of your Adventure, we highly recommend the purchase of travel insurance to protect you against financial loss due to non-refundable costs and fees due to unexpected cancelations and travel emergencies.
8. DISPUTE RESOLUTIONArbitration: Any controversy or claim arising out of or relating to the Site or the Platform or these Terms, shall be settled by arbitration in Yerevan Armenia in accordance with the legislation of the Republic of Armenia.
Exclusive Governing Law and Jurisdiction: These Terms and any actions and proceeding brought hereunder shall be governed by the laws of the Republic of Armenia.
Questions: If you have any questions about these terms and conditions, please contact Dubbed Adventourer at firstname.lastname@example.org.