By booking or participating in an Anaya Escape LLC tailored program or a customized trip and any related products or services (a "Program"), operated by Anaya Escape LLC ("Anaya Escape LLC" or the "Program Operator"), you ("you") agree to these Terms & Conditions (the "Terms").

Anaya Escape LLC will provide wellness packages and cultural enrichment as outlined on its website (anyaescape.com) and is a registered seller of travel in the state of California. The Program Operator is solely responsible for arranging and providing all the services and accommodations offered to you in connection with the Program.

By booking a Program you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when the Program Operator or your travel agent issues a written confirmation after receipt of the full program amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Program Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Program Operator.

BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Program booking, notifying the Program Operator or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Program Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

REQUIRED MEDICAL INFORMATION

If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Program, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Program, you must return a Medical Form, signed by a licensed and practicing physician to the Program Operator prior to or at the time of final payment for the applicable booking.

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The Program Operator will maintain the information in accordance with the Program Operator’s Privacy Policy available at https://www.anyaescape.com/ /privacy-policy-2

The Program Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Program.

The Program Operator reserves the right to deny you permission to travel or participate in any aspect of a Program at any time and at your own risk and expense where the Program Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Program Operator at the time of booking. The Program Operator may refuse to carry pregnant women over 24 weeks. The Program Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Program Operator for any reason by the deadline indicated above, the Program Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.

You are responsible for assessing whether a Program is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Program Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Program based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with the Program Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Program varies and the Program Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Program Operator at the time of booking. The Program Operator will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Program Operator at the time of booking, but the Program Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Program Operator and the Program Operator is not liable for any failure to accommodate or fulfill such requests.

AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Program description or by the Program Operator, the minimum age for minors travelling on any Program is 12 years old.

All bookings with a minor are subject to review and approval by the Program Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Program Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Program Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

INSURANCE

TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE or TRIP CANCELATION is NOT INCLUDED, and it is the sole responsibility of the participant to purchase them. It is recommended that such insurance covers personal injury and emergency medical expenses for the entire duration of the program. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Program offered by the Program Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

PRICES, SURCHARGES AND TAXES

The published price of the Program and any products or services offered by the Program Operator is subject to change at any time, before or after booking confirmation, up to 30 days before departure. Programs are priced and advertised exclusive of applicable sales taxes. After a payment confirmation has been issued by the Program Operator, the Program Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, the Program Operator will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Program Operator will provide notice to you as soon as reasonably possible.

Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:

(a) cancel the applicable booking without incurring any penalty; or
(b) accept the change of price.

You must notify the Program Operator of your choice within 7 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

From time-to-time the Program Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment has been received by the Program Operator are not entitled to reduced pricing.

VALIDITY

All dates, itineraries and prices of Programs are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Program and any other products or services, including, but not limited to checking the Program Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by the Program Operator along with final payment. If you fail to supply information required by the Program Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Program Operator, the Program Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Program Operator, in its sole discretion. The information required by the Program Operator may vary by Program and will be communicated to you or to the Program Operator’s authorized agent during the booking process. The Program Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

AIRFARE

Program prices do not include international or other airfare unless expressly mentioned in the Program’s descriptions. The Program Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Program Operator or the applicable air carrier(s).

The Program Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Program Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by the Program Operator or your travel agent will be provided upon receiving the final payment required for any booking. If full payment is not received at the time of the booking, the Program Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

The Program Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Program Operator.

CANCELLATION BY THE PARTICIPANT

You may cancel your booking by notifying the Program Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Program Operator and are expressed as a percentage of the total price paid for the cancelled Program, product or service (excluding any insurance products).

Cancellation of a Program:

(a) Cancellation received 31 days or more before arrival or start date of first product or service in relevant booking: full payment made to the Program Operator in respect of the cancelled product will be refunded.

(b) Cancellation received 29-14 days before arrival or start date of first product or service in relevant booking: an amount equal to 50% of the full payment made to the Program Operator in respect of the cancelled Program will be refunded.

(c) Cancellation received 13-8 days before arrival or start date of first product or service in relevant booking: an amount equal to 75% of the full payment made to the Program Operator in respect of the cancelled Program will be refunded.

Cancellation less than 7 days before arrival or start date of first product or service in relevant booking: full payment will be held by the Program Operator in accordance with these Terms, and no further refund will be payable.

In the event that certain products or services offered by the Program Operator are combined, alternative cancellation terms may apply. The Program Operator will advise you of any such requirements prior to confirmation of the applicable booking.

Cancellation of Arrival Transfers, Accommodations, and optional activities booked directly with the Program Operator:

(a) Cancellation 31 days or more before departure: you will receive a full refund in respect of cancelled Arrival Transfers, Accommodations, and optional activities.

(b) Cancellation 30 days or less before departure: No refund will be payable in respect of any cancelled Arrival Transfers, Accommodations, and optional activities.

GUARANTEED DEPARTURES & CANCELLATION OF A PROGRAM BY THE PROGRAM OPERATOR

A start date for a Program offered by the Program Operator will become a guaranteed departure when at least one booking secured by a valid payment has been made on that start date.

The Program Operator guarantees that all scheduled Programs booked and secured with a valid payment will start as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Program and itinerary information is available on the Program Operator’s website or by contacting the Program Operator. Brochures and other printed materials displaying Program information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Program is cancelled by the Program Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Program Operator:

(a) a substitute Program of equivalent or superior value; or

(b) a substitute Program of lesser value if no Program of equivalent or superior value is reasonably available and to recover from the Program Operator the difference in price between the price of the Program originally purchased and the substitute Program; or

The Program Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non- refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Program Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Program as described cannot be provided after departure, the Program Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Program Operator may provide you with a refund for unused products or services as determined in its discretion.

RIGHTS TO PROMPT REFUND IN THE EVENT OF CANCELATION – CALIFORNIA CONSUMERS

Upon cancellation of transportation or travel services, arranged by the Program Operator, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Program Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Program, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Program Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Program Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Program Operator is not responsible for any errors or omissions in this information.

FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Program Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Program Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Program Operator, including your removal from a Program because of your negligence or breach of these Terms.

CHANGES

Changes made by the Program Operator: The Program Operator may modify your itinerary where reasonably required in its sole discretion. If the Program Operator makes a change affecting at least three in ten full days of the itinerary or which materially affects the character of a product or service in its entirety (a "Material Change"), the Program Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 25 days before departure, you may choose to:

i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify the Program Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.

Once a Program has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Program Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Program Operator, whether or not such expenses arise from a change of itinerary, and the Program Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Program Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to the Program Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Program Operator’s approval. Any changes to a booking depend on availability and are subject to the Program Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Program, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of start date of the first product or service on the applicable booking.

ACCEPTANCE OF RISK

You acknowledge that travel and the products and services offered by the Program Operator may involve a significant amount of risk to your health and safety. By traveling with the Program Operator, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Program Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including activities, visiting foreign destinations, and participating in activities such as those that may be included in Program itineraries or otherwise offered by the Program Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in "extreme sports" or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Programs take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Program Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Program, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Program or, if in the opinion of the Program Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Program Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Program Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Program Operator or the Program Operator’s suppliers for property damage, destruction or theft caused by you while on a Program. You agree to immediately report any pre-existing damage to a representative of the Program Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Program including, but not limited to, the proper use of safety devices and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Program Operator nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Program Operator as soon as possible in order to provide the Program Operator with the opportunity to properly address such complaint. You agree to inform your program leader, another representative of the Program Operator or the Program Operator’s customer service department directly. The Program Operator assumes no liability for complaints that are not properly brought to the attention of the Program Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Program must be received in writing by the Program Operator within 30 days of the last day of travel of the booking in question.

THE PROGRAM OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Program Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, program and local guides, and other independent parties ("Third Party Suppliers") to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Program Operator takes all reasonable care in selecting Third Party Suppliers, the Program Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude 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 the Program Operator does not warrant that any Third Party Supplier is in compliance with the laws of our country of residence or any other jurisdiction.

THE PROGRAM OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE PROGRAM OPERATOR AND ITS EMPLOYEES.

The Program Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.

OPTIONAL EXTRAS

"Optional Extras" refers to any activity, transportation, meal, product or service not expressly included in the Program itinerary or price of the Program and do not form part of the Program. You agree that any assistance given by the Program Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Program Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Program Operator regarding any Optional Extras. You release the Program Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

LIABILITY

The Program Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the 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. You waive any claim against the Program Operator for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Program Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Program Operator limits its liability, where applicable by all applicable international conventions.

Notwithstanding anything to the contrary elsewhere in these Terms, the Program Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death or illness or which are not subject to related international conventions, the Program Operator is not responsible for liability incurred by the negligent acts or omissions of its suppliers. The Program Operator will not at any time be liable for any loss of or damage to valuables of any nature.

FORCE MAJEURE

The Program Operator will not be liable in any way 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 the Program Operator failure to commence, perform or complete any duty owed to you 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, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Program Operator; or an event which the Program Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute "Force Majeure".

IMAGES AND MARKETING

You agree that, while participating in any Program, images, photos or videos may be taken by other participants, the Program Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Program Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

The Program Operator must collect your personal information to deliver the Program and any products or services booked. The Program Operator collects, uses and discloses only that information reasonably required to enable the Program Operator and its Third Party Suppliers to provide the particular Program, products and/or services that you have requested as described in the Program Operator’s Privacy Policy, which can be accessed any time at http://www.anayaescape/privacy-policy-2 and is expressly incorporated into these Terms. By submitting any personal information to the Program Operator, you indicate your acceptance of the Program Operator’s Privacy Policy.

SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only as broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California in which Program Operator has its primary office, without reference to any choice of law doctrine. The Program Operator and client shall use their best efforts to settle any controversy, dispute, or claim arising out of or relating to these Terms, its validity, interpretation, or breach thereof, by negotiation or mediation.

AMENDMENTS

The Program Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Program Operator’s website at www.anayaescape.com/terms-of-service-3. Any amendment will take effect 10 days after being posted to the Program Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Program Operator’s website and will be sent to you upon written request to the Program Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Program Operator’s website. The Program Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.

ADDITIONAL TERMS

By booking or traveling on a Program, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. Anaya Escape LLC, the Program Operator reserve the right in their sole discretion to accept, decline or remove any person on a Program. The Program Operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.

NAYA ESCAPE LLC, ITS PARENTS, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, AFFILIATES, OFFICERS DIRECTORS, SUCCESSORS, REPRESENTATIVE AND ASSIGNES (COLLECTIVELY DEFINED AS "ANAYA ESCAPE LLC") ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY.

Anaya Escape LLC shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the 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. You waive any claim against Anaya Escape LLC for any such loss, damage, injury, or death.

Terms of service.

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