Terms and Conditions, Disclosures & Rights of Consumers
The following Terms and Conditions (referred to herein as these "Terms and Conditions" or "Agreement") apply to all travel and travel-related services offered for sale by Dancing Zebra Safari Co and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as "Dancing Zebra," "we," or "us").
The term "Tour" as used in these Terms and Conditions is defined as any package of Services, offered or sold by us. The terms "Service" or "Services" encompass, but are not limited to tours, safaris, leisure or adventure activities, travel planning and consultation, ground, air, or other transportation, hotel, resort, campsite, or other Accommodations, equipment rentals, expeditions, and any other travel or travel-related products offered by Dancing Zebra as part of a Tour Itinerary. "Itinerary" refers to the particularized schedule for a Tour. "Supplier" or "Vendor" refers to any provider of the Services we offer. References herein to "Participant," "you," or "your" shall apply to each and any of the following: a party participating in an offered Tour and/or the party who purchases (or attempts to purchase) a Tour for themselves and/or others, including their Parent (or Legal Guardian) who accepts these Terms and Conditions on their behalf if the party participating in the Tour is not of legal age or cannot otherwise enter into a binding legal contract on their own behalf.
All bookings of Tours are also subject to the Terms and Conditions of the Suppliers of the Service(s) incorporated in a Tour. By booking a Dancing Zebra Tour, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation and to be bound by the limitations therein. If the Supplier's Terms and Conditions are ever in conflict with the Terms and Conditions of Dancing Zebra, Dancing Zebra's will control all issues relating to the liabilities and responsibilities of Dancing Zebra.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney if desired before you agree to be bound by them. Participants acknowledge that they have noted these Terms and Conditions before making a booking and have accepted the same by signing it and sending the signature page(s) back to us.
Locale: The Services offered by Dancing Zebra are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so.
The Services are also available for purchase by international Participants (excluding residents of the E.U. or Britain), as long as international Participants recognize that this is a U.S. business operated under U.S. laws. Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, below, et sec.
Age: No unaccompanied minors (under 18 years of age) will be accepted. The Lead Passenger (the Participant who submits a Tour reservation for others) must be over 18 to purchase a Tour and agree to these Terms and Conditions. If traveling with a minor, the minor's parent or guardian accompanying them must accept full responsibility for the child.
2. Prices and Surcharges. Our prices are contractual tariffs. No claim relating to the price of a Tour will be considered once the reservation is effective. All prices are quoted in U.S. dollars (US$). Rates for Services are based on tariffs and exchange rates at posting and are subject to change before departure. Substantial changes in taxes, exchange rates, fuel price, Services, and labor sometimes significantly increase the cost of travel arrangements.
Unless otherwise stated in the description of a Tour, the following amounts will NOT be included as part of one of our Tour's advertised prices:
- Airfare to or from the Tour
Items of a personal nature such as incidentals, toiletries, etc.
Travel insurance, including medical, accidents, lost baggage, and/or trip cancellation
Visa, passport, vaccinations, medicines
Tips and gratuities
Any other activities or items not explicitly advertised as included in the price of a Tour in its description.
3. Reservations/Bookings. To make a reservation for a Tour with Dancing Zebra, you may contact Dancing Zebra directly via phone at 1(916) 792-5934, email us at firstname.lastname@example.org, or through our website: https://www.dancingzebrasafari.com/contact
4. Payment Policy. We accept payment via personal check, bank-to-bank transfer, wire transaction, and credit card (via PayPal). If paying by credit card, the Traveler is responsible for adding 3% to the amount paid to cover PayPal's processing fees. We charge a 25% non-refundable deposit which acts as a trip planning fee and covers Dancing Zebra Safari's committed costs. This Agreement will become effective once the following steps have been fulﬁlled: a) you have paid a deposit of 25% of the total cost of your travel arrangements, b) you have indicated your acceptance of this Agreement, and c) Dancing Zebra Safari's booking receipt (or conﬁrmation email with invoice) has been sent to you. When you make a booking, you guarantee that you have the authority to accept on behalf of all members of your party the terms of this Agreement. In some instances (e.g., gorilla trekking), as agreed upon with your travel consultant, a higher deposit is needed to book the trip because trekking permits must be paid to the government upfront and in full upon confirmation. This additional amount, one paid, is also non-refundable. You must check Dancing Zebra Safari's conﬁrmation email and invoice carefully and raise any queries with Dancing Zebra Safari immediately upon receipt. The final payment of your total trip cost is due 60 days before your departure date. If we do not receive payment of the balance of the Tour price by the final balance due date, cancellation charges in accordance with Section 5 below will apply.
5. Cancellation, Substitution, and Alteration Policies.
a. Cancellations attributable to Participant
At the time we receive written notice from Traveler that you wish to cancel your Tour for any reason, the following fees will apply:
- A no-show Participant is treated as a cancellation and forfeits all payments made as well.
Any amount forfeited that has not been paid to Dancing Zebra by you will be recoverable from you by Dancing Zebra as a debt due and payable.
When part of a booking is canceled, the remaining parties may have to pay additional charges (e.g., under-occupancy, single room supplements, etc.).
b. For California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Participant 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 Participant, all sums paid to the seller of travel for services not provided will be promptly paid to the Participant, unless the Participant advises the seller of travel in writing, after cancellation. In California, 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 supplying the agreed-upon transportation or service. In this situation, the seller of travel must provide the Participant 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.
c. Substitution of Participants
Suppose any member of your party is unable to travel. In that case, it may be possible to transfer the booking to another suitable person, provided our Supplier allows it. An administration fee of $250 will be levied in addition to any costs or fees imposed by our Suppliers.
d. Cancellations and/or Alterations attributable to Dancing Zebra or Force Majeure
Particularly as a result of causes beyond our control (i.e., weather and travel conditions, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, war, pandemic-related travel restrictions, or other "Force Majeure," defined infra in Section 24), we have on occasions had to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and substitute alternative arrangements of comparable monetary value without compensation. Any additional charges incurred from the postponement, delay, or extension of a Tour or adjustment to the Itinerary due to Force Majeure will be the Participant's responsibility.
Dancing Zebra and our Suppliers reserve the right to adjust the Itinerary, change the modes of ground and air travel, change the quality of accommodations, or otherwise change the Tour without prior notice. We accept no liability for loss of enjoyment as a result of these changes. Dancing Zebra will attempt to provide advanced notice of any changes to the Itinerary or Services to the extent possible.
6. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Tours booked before the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly to determine which provisions are in operation at that time in case they have changed since the last time you booked a Tour with Dancing Zebra or reviewed our Terms and Conditions.
7. Participants with Special Needs or Disabilities. If you have special needs (e.g., dietary restrictions, traveling with seeing eye dog, etc.), you must contact all relevant Suppliers for your Tour ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled, or modified if special handicapped needs cannot be met. Dancing Zebra does not guarantee any Supplier's ability to meet the special needs of disabled Participants.
Participants should be aware that different countries have their own standards of accessibility for persons with disabilities. Before you travel, visit travel.state.gov/destination and enter a country or area to find information for mobility-impaired Participants in the Special Laws & Circumstances Section.
Consult with your physician before traveling to identify health care needs during your Tour.
If your health insurance plan does not provide coverage where you are traveling, we strongly recommend supplemental medical insurance and medical evacuation plans.
Carry sufficient prescription medication to last your entire Tour, including extra medicine in case of delay. Some prescription medications that are legal in the United States may be illegal in your destination. See https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html for the specific area you will be traveling or contact the local embassy or consulate for more information if necessary.
Always carry your prescriptions in their labeled containers, not in a pill pack.
Carry medical alert information and a letter from your health care provider describing your medical condition, medications, potential complications, and other pertinent medical information.
Get official documentation of your "special needs." Your physician should give you a letter stating you are disabled and in what way you are disabled. If you need special equipment of any kind, oxygen, a walker, and paper disposables such as underpants, have this included. If possible, have them add the statement that you have been checked and found free of any communicable disease, particularly HIV Aids. Also, have your doctor include the medications prescribed for you. Ensure the medication or drugs you carry on your person or in your luggage match what is on the list.
Many doctors are now using rubber stamps to prevent the forgery of their signatures. Be sure the document you get from your doctor receives this stamp to assure everyone that your letter is authentic. Make several copies of the letter and always carry the original with you. If your doctor does not have the anti-forgery stamp, go to a notary or similar official.
Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Tour. Participants with physical conditions wherein they must take medication daily should have backup medication in case the medication gets lost or is rendered unusable.
If a Participant's condition potentially requires EpiPens or other emergency tools, it is Participant's responsibility to bring their own and a backup supply. Participant understands that in the event of injury to Participant or exacerbation of Participant's medical condition, Dancing Zebra shall not be held responsible.
Dancing Zebra reserves the absolute right to decline a booking at their discretion. If in the opinion of Dancing Zebra or our local Supplier or guide, the health or conduct of a Participant before or after departure appears likely to endanger the safe, comfortable and efficient progress of a Tour, the Participant may be excluded from all or part of the Tour.
8. Insurance. Depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Tour costs if you have to cancel your Tour because of illness, injury, or death to you or an immediate family member. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage to pre-existing or other conditions. Dancing Zebra strongly recommends the immediate purchase of travel cancellation insurance, including emergency medical evacuation, flight delay, baggage, and repatriation.
Due to the Coronavirus pandemic, we further recommend that trip cancellation insurance is a policy that allows Traveler to "cancel for any reason" as the pandemic is ongoing, and many types of trip cancellation policies do not allow cancellation for Coronavirus related reasons. It is the Participant's responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Participant's sole responsibility to research, evaluate and purchase appropriate coverage. Participant agrees that Dancing Zebra is not responsible for any uninsured losses.
9. International Travel: Passports, Visas, and Travel Health Requirements. The Participants are solely responsible for verifying they have all the necessary visas, transit visas, and passports before traveling to the destinations in the Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour. Further information on entry requirements can be obtained from the State Department by phone at (202) 647-5335 or access online at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/tanzania-travel-advisory.html
Many international destinations require a passport valid until at least six (6) months beyond the scheduled return date. Further information on entry requirements can be obtained from the State Department by phone at (202) 647-5335 or accessed online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country's website. Some countries require you to have a return or exit ticket and sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it issues a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.) correspond exactly with those appearing on your passport, visas, etc. We cannot be held liable for any illness, delays, compensation, claims, and costs resulting from your failure to meet these requirements.
Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate. You assume complete and full responsibility for and hereby release Dancing Zebra from any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
WE CAN NOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT, OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION OR IMMUNIZATIONS. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS, OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
10. Use of Information and Image. Dancing Zebra may occasionally use statements and testimonials provided by Participants and/or Participants' photographs, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote Dancing Zebra. You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant Dancing Zebra a non-revocable license for said use and waive the right to inspect or approve the finished product wherein your likeness appears.
11. Accommodations. "Accommodations" are any lodgings in a dwelling or similar living quarters afforded to Participants, including but not limited to hotels, motels, lodges, campsites, and resorts. Dancing Zebra provides the
accommodations for its Tours through third-party Suppliers and retains no ownership or management interest in those Accommodations. Dancing Zebra does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, don't hesitate to contact the owner/operators of the respective Accommodations directly.
Dancing Zebra makes no guarantees about the living standards in remote locations. Still, we will try to work with an Accommodation provider within the same category you purchased, if available, should severe problems as to habitability arise. The Participant will bear any additional costs, i.e., upgrades, etc.
Prices of Accommodation are based on double occupancy unless described otherwise. If you prefer single Accommodation, some require you to pay a single supplement fee which can vary depending on the Accommodation. Please get in touch with us for specifics on the single supplement fees.
12. Activities Offered During Tours. Some activities on our Tours are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or individuals with certain medical conditions. Dancing Zebra may not be held liable in the event of an incident or accident due to your lack of vigilance. Please be aware that some activities will take you to remote areas and bring you into close contact with wild animals and other hazards, natural and manmade. We cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard.
It may happen that certain activities referred to in the Tour description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached. In the early or late season, some activities may not be available, some of the facilities (restaurants, swimming pools, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Dancing Zebra cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANCING ZEBRA SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED, OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.
13. Marketing Materials and Illustrative Photos. Dancing Zebra endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual, nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Tour.
14. Proper Conduct Required During Tour. Participant understands that their participation in a Tour may be terminated at any time during the Tour if Participant is disciplined by any civil or criminal authorities, our Suppliers, or if Dancing Zebra, in its sole discretion, determines that Participant's conduct or behavior is incompatible with the interests, safety or welfare of other Participants or our Service providers, their employees, or independent contractors Should any member of the party fail to conduct themselves properly, then that person may be ordered to leave the Tour without recourse to any refund, compensation or any other legal claim against us. In the event of termination for conduct violations, Participant is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.
15. Legal Compliance Required During Tour. All Participants must obey the local laws and regulations of the places they visit on their Tour, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Dancing Zebra is not liable or responsible for any damages, costs, and/or added expenses incurred as a result of the Participant's failure to obey any local laws.
16. Purchases made during Tour. Any purchase of goods or services which Participant makes while on the Tour are solely at Participant's risk, including, without limitation, such problems as defects, failure to ship, or damage to goods
while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering Tour services, or any third party.
17. Medical Emergencies. Dancing Zebra is not responsible for the costs of any medical treatment you may require during a Tour and assumes no liability regarding the provision of medical care or lack thereof that you may receive while on the Tour.
YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH AND COSTS OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TOUR.
Participant releases Dancing Zebra from any liability relating to any such medical care, whether secured by a Service provider on behalf of Participant or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
18. Participant Complaints. If Participant has a complaint about any of the Services in their Itinerary, they should first address it with the appropriate Supplier. If the Supplier is unable to rectify the situation, the Participant should bring it to the attention of a representative of Dancing Zebra. It is only if Dancing Zebra is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to Dancing Zebra as a problem arises during your Tour will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to Dancing Zebra within 30 days of the completion of the Tour.
19. Notices. Any notices required or permitted hereunder shall be given:
a. If to Dancing Zebra, via certified mail, return receipt requested, addressed to:
Dancing Zebra Safari Co
4120 Douglas Blvd. #306-450
Granite Bay, CA 95746
Or via email to: email@example.com
b. If to Participant, at the email or physical address provided by Participant during the registration process.
c. Such notice shall be deemed given upon personal delivery, if sent by electronic mail, upon confirmation of receipt, or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
20. Seller of Travel Registration Information. Dancing Zebra is registered with the California Department of Justice. CST# 2149290-50. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond to protect consumers' money. Dancing Zebra has a bond. This business is a participant in the Travel Consumer Restitution Corporation (TCRC). You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at the time of purchase, such transactions are not covered by the TCRC.
A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel. A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC if you were located in California at the time of the sale. You may request a claim form by writing to Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to 415-927-7698.
21. Limitation of Liability.
IN NO EVENT SHALL DANCING ZEBRA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES
FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF DANCING ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, OR OTHER LEGAL THEORY. IN NO EVENT SHALL DANCING ZEBRA'S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO DANCING ZEBRA UNDER THIS AGREEMENT.
DANCING ZEBRA OFFERS VARIOUS SERVICES PROVIDED BY THIRD-PARTY VENDORS. DANCING ZEBRA RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD-PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, DANCING ZEBRA DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO ANY ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
22. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY DANCING ZEBRA ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DANCING ZEBRA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH DANCING ZEBRA.
The applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
23. Indemnification and Release. You hereby release Dancing Zebra and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Participant's participation in a Tour, including but not limited to, any interactions of any kind arising in connection with or as a result of this Agreement or your use of the Site. This is a general release of all claims, whether known or unknown, suspected or unsuspected, and specifically waives the rights provided in California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Participant hereby also agrees to indemnify, defend and hold harmless Dancing Zebra from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees), and expenses arising out of any claim brought against Dancing Zebra regarding, resulting, or arising from Participant's participation in a Tour or Participant's booking of Travel Services.
24. Force Majeure. Dancing Zebra shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. "Force Majeure" refers to any event beyond Dancing Zebra's reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, pandemics, epidemics, World Health Organization's advisories and/or alerts, Center for Disease Control's advisories and/or alerts, U.S. State Department's advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Dancing Zebra or deemed by Dancing Zebra to constitute a danger to the safety and well-being of Participants. Dancing Zebra reserves the right to cancel any Services described in a Tour Itinerary due to Force Majeure.
25. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and Dancing Zebra will be governed by the laws of the State of California without regard to its conflict of law provisions.
Participant and Dancing Zebra shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Tour, Services offered by us, our website, any literature or materials concerning Dancing Zebra, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a "Dispute") through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Granite Bay, California, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator's decision shall be final and binding, and judgment may be entered thereon. In the event a party fails to proceed with arbitration, the other party is entitled to the costs of a suit, including a reasonable attorney's fee for having to compel arbitration. Nothing herein will be construed to prevent any party's use of injunction and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party's right to compel arbitration of any dispute.
Participant and Dancing Zebra agree to submit to the personal jurisdiction of the federal and state courts located in Placer County, California, with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. Participant and Dancing Zebra agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute shall be the federal and state courts located in Placer County, California, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this Agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, THAT YOU AND DANCING ZEBRA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
26. Attorney's Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Tour, Dancing Zebra's website, or any literature or materials concerning Dancing Zebra, the prevailing party shall be entitled to recover actual reasonable attorney's fees, costs, and expenses.
27. Assignment. Participant may not assign his rights or obligations hereunder without the prior written consent of Dancing Zebra.
28. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions, shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Participant and Dancing Zebra agree to substitute for such provision a valid provision that most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of these Terms and Conditions or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
29. Waiver, Etc. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Dancing Zebra does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification, or amendment of any provision hereof will be effective unless it is in writing and signed by both parties.