GENERAL TERMS & CONDITIONS OF PARTICIPATION

[for Day Excursion Terms & Conditions click here]

All Participants in programs of EdOdyssey, Inc. hereby accept and agree to the following terms and conditions, as they may be amended from time to time (the “Terms”). Participation in any such EdOdyssey program is subject to such Terms. All Participants and EdOdyssey are independent entities and nothing in this agreement is intended or shall be construed to create an agency relationship, employment relationship, or joint venture between any Participant and EdOdyssey.

Definitions:

“EdOdyssey” shall mean EdOdyssey, Inc. a Massachusetts corporation, its successors and assigns. In the case of Section 7 below and any provisions of these Terms regarding a Participant indemnifying EdOdyssey, holding EdOdyssey harmless or releasing EdOdyssey from liability, such “EdOdyssey” reference shall include all members, officers, managers, employees, contractors and agents of EdOdyssey, and any person or entity utilized by EdOdyssey.
“Participant” shall mean any person applying for or enrolled in an EdOdyssey program including but not limited to students, teachers, faculty-leaders, chaperones and parents. Without limiting the generality of the foregoing, the term shall include the parents of a minor participant.
“Program Page” or “Program Website” refers to EdOdyssey’s online webpage, including without limitation the registration and payment portal and specific sections of such webpage relating to a specific program.
“Program” refers to a specific EdOdyssey trip.
“Primary Program” means a Program for students in Grades K through 5.
“Secondary Program” means a Program for high school students in Grades 6 through 12.
“Program Fee” means the fee paid to EdOdyssey by or on behalf of a Participant to participate in a Program.
“Program Period” means, unless otherwise stated in the Program description, the period commencing upon pick-up of the relevant Participant at the destination airport by ground transportation from the airport provided by EdOdyssey after Participant’s arrival in the destination country and ending upon such Participant’s disembarking from such ground transportation for departure from the destination country.
“EO Rules” means the rules and regulations for a Program as posted from time to time on the Program Page or Program Website.

1. General Terms of Programs:

(a) The term and dates of a Participant’s Program is outlined in the Program’s itinerary and/or Program Page. If a Participant’s program includes international airfare reservations, all efforts will be made to book airfare for the requested dates. However, until airfare is booked, departure and return dates are subject to change +/- three (3) days. If such Program does not include international airfare, Participant is expected to arrive at the destination where the Program commences within the time window stipulated in the Program itinerary. Any additional costs due to early or late arrival outside such time window is the sole responsibility of the Participant, including without limitation ground transportation.

(b) EdOdyssey reserves the right to make changes, substitutions, and modifications to a Program’s itinerary. These changes and modifications may include departure date, return date, activities, and transportation arrangements, including the use of substitute airlines. In the event of changes being made, refunds will be given only in accordance with the provisions of these Terms.

(c) Participant is expected to exercise proper conduct and behavior during the entire Program period. This includes abiding by the rules and policies of both EdOdyssey and those of such Participant’s school or institution (if applicable, for example, Programs in direct collaboration with schools/universities). Participant is subject to and required to respect the customs, rules and laws of the country or countries to be visited as part of a Program. Illegal activities will not be tolerated and are punishable by Participant’s immediate dismissal from the Program. If Participant is so dismissed from the Program: (i) return arrangements without escort and costs for such return are the sole responsibility of Participant; and (ii) there shall be no refund for missed portions of the Program, Should the local authorities, including without limitation police, be involved, the Participant understands that he/she is subject to local law and may be required to secure his or her own legal counsel.

(d) Some Programs are by application. EdOdyssey reserves the right to reject a prospective Participant at its sole discretion.

(e) The possession, use or consumption of alcohol is strictly forbidden by students for all Primary and Secondary Programs, even if Participant is of age to consume alcohol in the country to be visited. The possession or consumption of alcohol may result in immediate dismissal from such Primary or Secondary Program. If Participant is so dismissed from a Program: (i) return arrangements without escort and costs for such return are the sole responsibility of Participant; and (ii) there shall be no refund for missed portions of the Program. Should the local authorities, including without limitation police, be involved the Participant understands that he/she is subject to local law and may be required to secure his or her own legal counsel.

(f) The possession, use or consumption of illicit and/or illegal drugs is strictly forbidden for all Programs. Such possession, use or consumption of such drugs may result in immediate dismissal from the program. If Participant is so dismissed from the Program: (i) return arrangements without escort and costs for such return are the sole responsibility of Participant; and (ii) there shall be no refund for missed portions of the Program. Should the local authorities, including without limitation police, be involved the Participant understands that he/she is subject to local law and may be required to secure his or her own legal counsel.

(g) Prior to departure, Participant must obtain a passport and any applicable visa(s) necessary for participation in his or her Program. If a Participant is unable to obtain these travel documents, EdOdyssey’s standard cancellation policy will apply. Participants must assure that their passports are valid for at least six (6) months after the Program end date. Non-U.S. citizens need to contact the embassy or consulate of the destination country to assure they meet entry requirements. A Participant must check his/her itinerary carefully for all countries that will be visited or traversed during such Program, including transfers between airports in foreign countries and re-entry into the United States of America.

(h) EdOdyssey is not responsible for airline schedule changes, or mechanical, weather, or capacity-related flight delays.

2. Program Fee

(a) The Program Fee, unless otherwise noted or provided for herein, includes the following:

(i) all activities and site visits listed in the Program itinerary;

(ii) services of a full-time EdOdyssey program leader;

(iii) 24-hour assistance from EdOdyssey’s international and local teams;

(iv) parent/student Pre-Departure Meeting;

(v) emergency medical insurance through a third-party vendor;

(vi) all meals noted in the Program itinerary;

(vii) domestic group transportation;

(viii) all tips for drivers, local guides and restaurant attendants;

(ix) accommodations during the Program Period; and

(x) Program Page for Participants.

(b) The Program Fee, unless otherwise noted on the Program Page, specifically excludes costs, fees or expenses related to: passports, visas, airline rescheduling, cancellations or delays caused by the airlines, bad weather, or other event(s) beyond EdOdyssey’s control and excluded from EdOdyssey’s “emergency insurance” coverage (provided through a third part vendor), applicable baggage fees, food and meals outside those provided for in the Program itinerary, laundry or other expenses that do not fall within the scope of the Program Fee inclusions set forth in Section 2(a)(i) through (x) above.

3. Compliance with Laws, Rules and Regulations, and Standards of Conduct

(a) Participant shall comply with EO Rules while enrolled in the Program for the duration of the Program.

(b) In addition to dismissal contained in Subsections (c), (e) and (f) of Section 1 above, EdOdyssey shall have the right to enforce appropriate standards of conduct and may at any time terminate Participant’s participation in the Program for failure to maintain these standards or for any actions or conduct which EdOdyssey reasonably considers to be incompatible with the interest, harmony, comfort and/or welfare of EdOdyssey, other students, staff, and/or the laws, regulations and/or the norms and customs of the country or countries to be visited during the Program.

4. Medical and Health

(a) All Participants are required to have personal health insurance to participate in a Program. Participant may be required to show proof of health insurance during registration procedures. All Participants will also be covered by EdOdyssey’s emergency insurance. Participants may preview the details of this emergency insurance by clicking on the link on the Program Page. Participants are welcome to purchase additional/supplemental insurance if they wish from vendors of their own choice.

(b) It is the responsibility of Participant to thoroughly review health and safety information from both the Center for Disease Control and the U.S. State Department in advance of Participant’s departure. If Participant determines that certain safety or health precautions are necessary, Participant should discuss same with EdOdyssey prior to application.

(c) EdOdyssey is not responsible for any medical or health problems, sickness, disease, injury, or loss whatsoever (collectively, “Health Issues”) suffered by Participant during any period of the Program, during independent travel, and/or during any activities, whether or not sponsored, facilitated, or hosted by EdOdyssey. Participant shall hold EdOdyssey harmless from any claims or liabilities arising from such Health Issues.

(d) Participant hereby grants EdOdyssey and its agents full authority to take whatever actions it considers warranted in the event of any personal emergency, international or political unrest, or other event regarding the health and/or safety of Participant, and Participant fully releases, indemnifies and holds EdOdyssey and its agents harmless from any liability for such decisions or actions as may be taken in good faith by EdOdyssey in connection therewith.

(e) If Participant becomes ill or incapacitated during the Program Period, Participant authorizes EdOdyssey or its agents to take in good faith any action which EdOdyssey reasonably deems necessary for the safety and well-being of a Participant or, in the case of contagious disease or the like, other Participants, including securing medical treatment (at Participant’s own expense) and transporting Participant home (at Participant’s own expense). Participant agrees to indemnify EdOdyssey and hold EdOdyssey harmless from any liability, expense, fee, loss or damages resulting from EdOdyssey taking any such action. Included within the authorization provided hereunder are the provision of over-the-counter pain, cold. cough and allergy medications, and the like.

(f) In the event of a medical emergency or as reasonably deemed medically necessary by EdOdyssey, Participant authorizes EdOdyssey and its agents in their reasonable discretion to take Participant to a hospital or, if a hospital is not readily available, such other medical facility, in order to receive medical services and treatment. If deemed necessary by the medical professionals providing services and treatment, Participant authorizes EdOdyssey and its agents to allow Participant to be admitted to a hospital. Participant agrees to execute any further documentation required by such hospital or facility. Participant acknowledges and agrees that all such medical treatment and transportation related thereto is the responsibility of Participant. Participant hereby indemnifies and holds EdOdyssey and its agents harmless from any and all costs, expenses and liabilities arising from such medically treatment and EdOdyssey’s actions or inactions related thereto.

(g) If Participant has a food allergy, prior to paying the fee for the Program, it is Participant’s obligation to notify and discuss same with EdOdyssey to determine the compatibility of the Program with the Participant’s conditions and what accommodations might be possible. Participant acknowledges and understands that other countries do not have the same allergen notification and ingredient listing standards that are common in the United States. Further, Participant acknowledges and understands that it may be necessary to communicate such allergy information in the language of the country in which the Program takes place and that language differences may impede clear communication as to ingredients contained in foods and drinks. While EdOdyssey and its agent will endeavor to assist Participant in obtaining accommodations for such food allergies, Participant agrees and acknowledges that Participant will be solely responsible for his/her food intake during the Program and for any additional costs incurred by such accommodation. He/she understands that EdOdyssey will not be liable for any incident that arises as a result of Participant’s food allergies. Participant also understands and agrees that Participant will not be compensated for any uneaten meals.

5. Cancellation Policy

(a) Standard Cancellation Policy:

(i) 90 DAYS OR MORE BEFORE THE DATE OF DEPARTURE: FULL REFUND LESS: (i) NON-REFUNDABLE DEPOSIT, and (ii) AND ANY COSTS NOT RECOVERABLE BY EDODYSSEY PER VENDOR TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION INTERNATIONAL AIRFARE.

(ii) 89 DAYS TO 61 DAYS BEFORE THE DATE OF DEPARTURE: FULL REFUND LESS: (i) NON-REFUNDABLE DEPOSIT; (ii) ANY COSTS NOT RECOVERABLE BY EDODYSSEY PER VENDOR TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION INTERNATIONAL AIRFARE, AND (iii) A $300 CANCELLATION FEE TO EDODYSSEY.

(iii) 60 DAYS OR LESS BEFORE THE DATE OF DEPARTURE: NO REFUND GIVEN. PARTICIPANT LIABLE FOR PAYMENT OF FULL PROGRAM FEE, EVEN IF FULL PROGRAM FEE NOT YET PAID IN FULL AT TIME OF SUCH CANCELLATION.

(b) Cancellation Due to Chaperone Cancellation:

(i) If Participant is a chaperone (“Participant Chaperone”) who is not retained by EdOdyssey and who is supposed to lead a Program (“Lead Chaperone”) and such Lead Chaperone cancels, it will be the responsibility of such Lead Chaperone and/or such Lead Chaperone’s educational institution to find a replacement chaperone to lead the Program. EdOdyssey has no obligation to secure a replacement chaperone.If a replacement is found, EdOdyssey is not responsible for any increase in the airline costs to be paid by such replacement. If a replacement Lead Chaperone cannot be found by the canceling Lead Chaperone or the related educational institution, EdOdyssey reserves the right to cancel the relevant Program, in which case EdOdyssey’s Standard Cancellation Policy applies for student Participants.

(ii) While not obliged to do so, EdOdyssey reserves the right to run a Program which might otherwise be canceled pursuant to Section 5(b)(i) above by securing a chaperone who may or may not have the same educational knowledge and expertise regarding the Program as the cancelling Lead Chaperone. If EdOdyssey does secure such a replacement and opting to run the Program, EdOdyssey will ensure there is at least a 1:10 chaperone to student ratio.

ALL CANCELLATIONS AND/OR REFUND REQUESTS MUST BE MADE IN WRITING. THE WRITTEN REQUEST MUST INCLUDE THE REASON FOR THE REQUEST AND MUST BE SENT TO THE PARTY TO WHOM YOU ARE MAKING YOUR PROGRAM FEE PAYMENTS AS FOLLOWS:

(i) If you are making payments for your Program directly to EdOdyssey, a cancellation and request for refund should be sent by either:

(A) email to info@edodyssey.com with a subject line “PROGRAM CANCELLATION”. You should print off your email and a confirmation of delivery for your records. If you do not receive a response from EdOdyssey within 48 hours of submission, please contact EdOdyssey by phone.

(B) by certified mail, return receipt requested to:

EdOdyssey, Inc.

Attention: Program Cancellations

1 Beacon Street, Floor 15

Boston, MA 02108

(ii) If you are making payments for your Program Fee to your educational institution or other Program sponsor, your cancellation and request for refund MUST be sent to such institution or sponsor. It is the responsibility of the institution or sponsor to then send a request for cancellation and refund to EdOdyssey through the delivery methods outlined in Section 5(c)(i) above.

(iii) For purposes of determining whether a request falls within category (i), (ii) or (iii) of the Standard Cancellation Policy in Section 5(a) above, the date of RECEIPT by EdOdyssey of a Participant’s direct request per Section 5(c)(i) or an institution or sponsor’s request per Section 5(c)(ii) shall be determinative. In the case of Section 5(c)(ii) above, it is recommended that the Participant follow-up with the institution or sponsor to make sure that the institution or sponsor has forwarded a request on behalf of the Participant to EdOdyssey in a timely manner as required.

6. Use of Photos, Videos, and Statements

(a) All Participants understand that photos and videos will be taken by EdOdyssey staff as part of the Program. As part of participation in a Program, all Participants grant to EdOdyssey the right and license to use: (i) any such photos, likenesses or videos of Participant; and/or (ii) statements made by Participant in whatever form, for print, verbal, Internet, or other commercial use in connection with publicizing EdOdyssey and its Programs on its website, in brochures and literature or in videos and the like.

(b) In order to opt out of such licensing provided for in Section 6(a) above, a Participant must request such opt out in writing which request must be received by EdOdyssey at least ten (10) days prior to the start of the Program Period. Requests to decline such use must be sent in writing to EdOdyssey at info@edodyssey.com or to the address above related to cancellations marked “ATTN: Photos”.

7. Waivers & Indemnification

(a) Except for intentional acts or gross negligence of EdOdyssey, Participant, on behalf of Participant, Participant’s heirs, personal representatives or assigns, does hereby waive, release, hold harmless and indemnify EdOdyssey, Inc. from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, punitive or exemplary damages, or otherwise which may arise directly or indirectly from or occurring during your travel to and from the Program or during the Program Period, including without limitation acts or omissions of any entity providing good and services during the Program.

(b) Without limiting the generality of the provisions of the Section 7(a) above, EdOdyssey shall under no conditions or circumstances be liable for any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, punitive or exemplary damages, or otherwise which may arise directly or indirectly from natural disasters, strikes or government restrictions, war, terrorist activities, sickness or quarantine or the acts or omission of any other agents over which such persons have no direct control, including, without limitation, airlines, transportation companies and railways, bus companies, taxi services, restaurants, student residences, apartments, youth hostels and/or hotels.

(c) Participant shall be responsible for taking all measures and exercising caution and common sense at all times to avoid injuries and/or death.

8. Filing Period for Claims

Any claims to be made by a Participant against EdOdyssey (which term shall include officers, shareholders, directors, the company itself, employees, contractors, and agents of the company, and any person or entity employed or utilized by EdOdyssey) must be received by EdOdyssey on or before the first anniversary of the completion of the relevant Program Period.

9. Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising from or related to Participant’s application to participate and/or participation in the Program or such Participant’s relationship or involvement with EdOdyssey shall be resolved by binding arbitration, and not by court action. Such arbitration shall take place in Boston, Massachusetts unless some other location shall be mutually agreed upon between the parties. Such arbitration shall be governed by the rules of the American Arbitration Association (“AAA”). The arbitrator shall apply relevant law and provide written, reasoned findings of fact and conclusions of law. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Within thirty (30) days of receipt by AAA of a notice that arbitration services are needed, the AAA case manager assigned shall submit a list of arbitrators to the parties, who shall have seven (7) days from receipt to eliminate up to one third of the listed arbitrators and return same to the case manager within ten (10) days of receipt. The case manager shall then promptly appoint an arbitrator from among those who were not eliminated on either list.

10. Legal Governance

This agreement shall become effective when the Participant’s Program registration and/or application is accepted by EdOdyssey, and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by the laws of the Commonwealth of Massachusetts applicable thereto. Any court action brought pursuant by a Participant against EdOdyssey shall be brought in the Commonwealth of Massachusetts.

11. Modifications and Interpretations

(a) No verbal modification or interpretation of these terms and conditions shall have any validity. All such modifications and interpretations must be in writing and signed by a duly-authorized officer of EdOdyssey.

(b) These Terms and Conditions are subject to change and all Participants are advised to check EdOdyssey’s website or to request the latest version of them from EdOdyssey prior to booking of Participant’s Program.

Last updated January 2, 2023

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