Booking Conditions

The following are the general Booking Conditions applicable to any trip or activity offered by Floqsta (individually and together a "Trip"). Any individual trip may carry additional special conditions set out separately on a case-by-case basis ("Special Conditions"). Please read and understand conditions of booking set out below ("Booking Conditions") prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.

Trips not operated by Floqsta

The majority of trips offered by Floqsta are operated by a third-party operator ("Operator"). The Operator is typically indicated in the Floqsta website and/or mobile app under a tag "Operated By" or similar indicator.

Where a Trip is operated by a third party other than Floqsta or its directly designated special representative, Floqsta is not ourselves the provider of travel services and have no control over, or liability for, the services provided by the Operator. In such cases the Operator is responsible for providing to you the travel services to you, and all bookings are made on your behalf subject to the Operator Terms and Conditions, including conditions of carriage and limitations of liability, imposed by these service providers, in addition to the Booking Conditions set out herein. In such cases by agreeing to these Booking Conditions your are also agreeing to any Operator Terms and Conditions that apply to the Services, and we will provide you with copies of such Operator Terms and Conditions on request.

Our contract

Your booking contract is with Floqsta, Inc, a Delaware corporation with office located at 4th and 5th Floor, 361 Newbury Street #3rd, Boston, MA, 02115, United States of America (Floqsta/us/we/our). By booking a trip with us you have agreed to be bound by the terms and conditions set out in:
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• these Booking Conditions;
• any Special Conditions applicable to your trip;
• any other information or notes that we have set out as applicable to your trip
(all of which constitutes the entire agreement between you and us).

Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation note. In these Booking Conditions references to "you" and "your" include the first named person on the booking and any and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

A contract will exist between you and us at the time we receive the full balance payment for your trip.

Such contract does not override or impact in any way our general Terms Of Service which remain applicable at all times.

Your Details and Privacy

For the purposes of your trip booking, Floqsta may request one or more identification documents as well as other identification material (such as selfie photograph). If Floqsta detects a significant discrepancy between the identification the materials, or between the materials and your profile in the Floqsta mobile app, or if the details provided raise other concerns, Floqsta may request further clarifications. This is to protect the safety of other participants on the trip, as well as the integrity of the Floqsta service.

Unless specified otherwise, the minimum age for participating in a trip is 18 on the date the trip commences.

Any personal information that we collect about you will be handled in accordance with our Privacy Policy. It is your responsibility to read and keep up-to-date with such policy.

Floqsta reserves the right to reject a booking if, at our sole discretion, we believe the booking is contrary to the terms of these Booking Conditions or represents a safety concern for other participants on the trip. In such event Floqsta will refund any payments for the trip which have been made, including any original deposit paid.

Prices

You understand and accept that due to various promotional or other purposes, different participants may be charged different prices for the same Trip.

Payment Terms

All payments are non-refundable either fully or partially except at Floqsta's sole discretion in exceptional circumstances, or unless for any reason the trip is cancelled by Floqsta (see Cancellation by Floqsta below). Your contact point for discussing any issues is: travel@floqsta.com.

The payment schedule for any Trip is as set out below unless and to the extent indicated otherwise in the applicable booking channel (Floqsta mobile app, Floqsta website, or other authorised booking channel as applicable):

• Deposit: 10% of the indicated price of the Trip (or other deposit amount if indicated otherwise) to be paid no later than 30 days prior to Trip start date.
• Final payment: remaining balance (i.e. full price minus deposit) to be paid no later than 15 days prior to Trip start date.
• If booked within 15 days, full price to be paid immediately upon booking.

Floqsta is not responsible for any payments made by you to third parties, and will not reimburse you for any such payments under any circumstances.

Cancellation by Floqsta

We will always endeavour to run the trip provided the minimum group size for the Trip has been met. Unless otherwise specified the minimum group size for a Trip is four (4) excluding the tour Leader provided by the Operator ("Minimum Group Size") and subject to reasonable itinerary changes as described in these Booking Conditions. In the event that the Minimum Group Size is not met, we will refund to you any deposit you have already paid.

In the event that we cancel your Trip, you can transfer amounts paid to an alternate departure date or trip, or receive a refund in full, unless your trip is cancelled due to a Force Majeure Event (see Cancellation due to a Force Majeure Event below).

Change of Itinerary

You appreciate and acknowledge that the nature of this type of travel requires flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary or other details such as mode of transport or specific accommodation(s). We will endeavour to inform you as soon as reasonably possible regarding any changes which at our own discretion we deem significant, whether prior to or during the trip.

Please note we are not responsible for any incidental expenses that you may incur as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights or other transportations.

Authority On Tour

Our trips are generally run by group leaders, special or local representatives, crews or skippers ("Leaders"). The decision of the Leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Leader, interfere with the well-being of the group or our ability to run a trip as planned, the Leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all destinations visited. We also expect you to follow any the guidance of the Leader regarding responsible travel behaviour during the trip, such as care for the environment, local cultures or other specifics of the destination.

Activities On Your Trip

We or a designated representative of Floqsta or the Operator can answer questions about activities on the trip such as how physically demanding they may be. However, judgement regarding the suitability of the trip for you in terms of physical fitness or other reasons, is entirely your responsibility. Such questions may be directed through that chat features in the Floqsta mobile app (group or private), or via email at travel@floqsta.com, or any additional channels whicy may be indicated by Floqsta from time to time.

In some cases you may be required to submit a separate waiver, different or additional terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to you if you have not signed a requested waiver.

Cancellation due to Force Majeure event

We may be required to cancel your trip due to a Force Majeure Event occurring at the trip destination or its immediate vicinity and significantly affecting the performance of the trip or significantly affecting the transport arrangements to the destination.

In these circumstances, we can offer you a choice of:
a) a 100% credit of monies paid for your trip (for use against future trips booked through Floqsta — see Issuance of Credits below); or
b) a refund minus unrecoverable costs.

If the cancellation due to a Force Majeure Event occurs after your trip has commenced, we can offer you a choice on a pro-rata basis of:
a) 100% credit for the days that remain on your trip (for use against future trips booked through Floqsta — see Issuance of Credits below); or
b) refund minus unrecoverable costs of the days that remain on your trip.

A “Force Majeure Event” includes but is not limited to: acts of God; war; hostilities; political uprisings or civil commotion; riot; blockade or embargo; border closures; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; criminal acts committed by third parties; defects of vehicles or breakdown in equipment; terrorist activities or the threat of terrorist activities; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which force a cancellation or disruption of services.

In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible or liable in any way for such events, or any incidental expenses arising from such events or the original booking, including but not limited to death, bodily injury, illness, damage, delay, travel and accommodation costs or other losses or expenses caused by such events in relation to the booking or otherwise.

Issuance of Credits

There may be circumstances in which we issue you with credit, such as in the case of a Force Majeure event as stated above. Any credit issued under these Booking Conditions:
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• does not have an expiry date unless otherwise specified;
• may be applied towards any other available trip offered by us;
• is not transferrable to another person or redeemable for cash; and
• is subject to any special terms & conditions specified on a case-by-case basis.

Travel Insurance

We recommend participants obtain appropriate travel insurance covering cancellations, medical emergencies, and other potential risks before embarking on a trip. Floqsta accepts no liability for any personal accidents, injuries or death, nor any expenses for medical, emergency transportation or other reasons during or related to the trip (see Liability below).

Optional activities

Any optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by the Leader or other representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

Rights to Distribute Media

By participating in any trips or other activities booked through Floqsta, you agree to comply with the following terms and conditions related to the right to distribute media. In the clauses below under this section Rights to Distribute Media, Floqsta's "Designated Representatives" refers to any party which Floqsta has contractually assigned or may contractually assign in the future to operate the Trip in question (including its special representative of any third-party Operator as applicable) and/or market or promote Floqsta for any purposes whatsover. Nothing in these terms overrides your rights under our Privacy Policy.

Grant of Licenses
• Media Release: Participants grant Floqsta and its Designated Representatives irrevocable and unrestricted right to use, reproduce, and distribute any photographs, videos, or other media captured (the "Media") during any of our tours for promotional, marketing, and educational purposes.
• Scope of License: This license includes but is not limited to the right to distribute the Media via Floqsta's and/or its Designated Representatives' websites, mobile apps, social media channels, promotional materials, and any other platforms deemed appropriate by Floqsta or its Special Representatives.

Participant Obligations
• Consent: By booking any of the trips or activities through Floqsta, you confirm that you have obtained the consent of all individuals in your booking for Floqsta and its Designated Representatives to use, reproduce, and distribute to their likenesses.
• Release of Claims: Participants release Floqsta and its Designated Representatives from any claims, demands, or causes of action arising out of the use of the Media, including but not limited to claims for defamation, invasion of privacy, or infringement of publicity rights.

Restrictions
• No Compensation: Participants acknowledge that they will not receive any compensation, monetary or otherwise, for the use of the Media by Floqsta or its Designated Representatives.
• Commercial Use: Floqsta and its Designated Representatives retain the right to use the Media for all purposes, including but not limited to, commercial, advertising and promotional activities.

Duration of Licenses
• The licenses granted to Floqsta and its Designated Representatives are perpetual and worldwide, meaning that Floqsta and its Designated Representatives have the right to use the Media indefinitely and in any geographical location.

Liability

To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the services providing under your booking ("Services") or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under applicable law.

Limitation of Liability: Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.

Indemnity: You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
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a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
b) any breach by you (or your delegate) of:
I) these Booking Conditions; or
II) any additional terms applicable to providing the Services,

except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.

We may contract with third parties for provision of a trip including but not limited to accommodation providers, transport rental providers, activity providers, tour and local guides including our Special Representative for the trip (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in clause 14. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.

Vicarious liability: We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.

Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

Applicable law

The laws of Delaware, United States of America govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions affects your rights as a consumer to rely on any applicable local laws.

Assignment

Floqsta reserves the right to assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate at our sole discretion on written notice to you (including notice via the Floqsta website or mobile app).

Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website and/or mobile app which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time or applicable to limited circumstances, as defined on our website and/or mobile app. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.