These Terms and Conditions (these “Terms”) govern each user’s (“you”, “your”, or “user”) access to and use of the site at mycotreks.tours (the “Website” or “Company Website”) which is owned and/or operated by MycoTreks LLC, an Ohio limited liability company (“Company”, “MycoTreks”, “we”, “us”, “our”), and any other products, mobile applications, other apps or other platforms the Company offers (hereinafter, the Website and these other products, mobile applications, other apps and/or other platforms are collectively referred to as “Company Programs”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

THESE TERMS, TOGETHER WITH THE COMPANY’S PRIVACY POLICY (THE “PRIVACY POLICY” OR THE “COMPANY’S PRIVACY POLICY”), AND ANY OTHER TERMS OR CONDITIONS INCORPORATED BY REFERENCE INTO THESE TERMS (HEREINAFTER COLLECTIVELY REFERRED TO AS THIS “AGREEMENT”) FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. PLEASE READ ALL OF THE PROVISIONS OF THE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR ACCESS AND USE OF THE SITE OR ANY OTHER COMPANY PROGRAMS.

BY CONTINUING TO USE OR OTHERWISE ACCESS THE SITE OR ANY OTHER COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION STARTING TO BOOK ANY TRIP), YOU HEREBY AUTOMATICALLY AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT (AS DEFINED ABOVE), AS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF EITHER THE SITE OR ANY OTHER COMPANY PROGRAM.

AS SET FORTH IN MORE DETAIL IN SECTION 10 HEREIN, THE COMPANY RESERVES THE RIGHT, AT OUR DISCRETION AND AT ANY TIME, TO MAKE CHANGES TO ANY OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CHANGES TO ANY OF THE TERMS AND CONDITIONS GOVERNING A BOOKING OF A TRIP OR TO THE COMPANY PRIVACY POLICY (HEREINAFTER “UPDATES” TO THIS AGREEMENT”). YOU WILL BE BOUND BY ALL UPDATES TO THIS AGREEMENT AS MORE FULLY SET FORTH IN SECTION 10 OF THIS AGREEMENT.

NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THUS, IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE OR ANY OTHER COMPANY PROGRAMS.

THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS ENTIRE AGREEMENT (INCLUDING WITHOUT LIMITATION THESE TERMS AND THE COMPANY’S PRIVACY POLICY, AS DEFINED ABOVE) FOR YOUR RECORDS.

PRIVACY NOTICE

ALL USERS (INCLUDING WITHOUT LIMITATION ALL TRAVELERS AS DEFINED HEREIN) ARE DIRECTED TO SECTIONS 4 OF THIS AGREEMENT FOR A LINK TO THE COMPANY’S PRIVACY POLICY. WITHOUT LIMITING THE PROVISIONS OF SECTIONS 4 and 5.21 HEREIN OR ANY OF THE PROVISIONS OF THE COMPANY’S PRIVACY POLICY, A USER’S USE OF ANY COMPANY PROGRAM, INCLUDING WITHOUT LIMITATION BOOKING ANY TRIP, CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING THE USE OF COOKIES, PURSUANT TO THE COMPANY’S PRIVACY POLICY. PLEASE READ THE COMPANY’S PRIVACY POLICY (SEE SECTIONS 4 and 5.21 HEREIN) CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE COMPANY’S PRIVACY POLICY, THEN YOU MAY NOT USE THE SITE OR ANY OTHER COMPANY PROGRAM.

1. Definitions. The following terms have the following meanings:

1.1 “Access Right” has the meaning set forth in Section 2 herein.

1.2 “Booking(s)” or “Book a Trip” has the meaning set forth in Section 5 herein.

1.3 “Cancellation" means any significant date alternation not caused by a Force Majeure event or the complete removal of a trip from sale and future operation by any party.

1.4 “Company IP Assets” has the meaning set forth in Section 3.2 herein.

1.5 “Company Privacy Policy” has the meaning set forth in Section 4 herein.

1.6 “Company Server” or “Server” means the computer software or hardware that serves and hosts the Website or Company Programs to users across the Internet.

1.7 “Content” means any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information.

1.8 “Reschedule” means a trip that has been postponed due to a Force Majeure event. The newly scheduled dates will be within 14 months of the previously planned departure.

1.9 “Traveler” means any individual user of the Company Website or other authorized Company Program who Books a Trip using such a Company Website or other Company Program.

1.10 “Trip” means the itinerary with identified location, dates, and price as more specifically described in the Company Website.

1.11 “Trip Credit”: voucher payment which must be applied towards a new trip within 365 days of issue.

1.12 “Trip Leader” The local representative assigned by the “Operator” who is the authority on the trip organizing the logistics and overseeing the group.

1.13 “Trip Payments” means the Trip payments that will be processed by Company as follows:

1.14 The Trip payment that the Company will process on behalf of the Traveler who Books a Trip through the Trip Services, such payments to be processed and made by the Company on behalf of the Traveler to the third parties as described in, and otherwise pursuant to, the terms and conditions of the Bookings.

1.15 “Trip Services” means the following:

1.15 For Travelers, it has the meaning set forth in Section 5 herein;

1.16 Workshops and Informal Gatherings. Workshop services are designed but not necessarily executed by MycoTreks. While your MycoTreks may assist in the facilitation of these services, MycoTreks is not responsible for the execution, content or quality of this service type.

2. ACCESS AND CONDITIONS OF USE OF COMPANY WEBSITE AND ANY OTHER COMPANY PROGRAMS

2.1 Subject to all of the terms and conditions of this Agreement, Company hereby grants to a user a non-exclusive, revocable, and limited right to access and use this Company Trip Website or Company Program, including without limitation any of the Trip Services provided through the Company Website or Company Program, in strict compliance with this Agreement (“Access Right”). Company reserves the right to suspend or revoke this Access Right at Company’s discretion without notice. Notwithstanding the foregoing Access Right, Company also has the right to change, suspend, or discontinue any (or all) aspects or features of this Company Website or Company Program or any of the Trip Services at any time, and from time to time, including the availability of any content or features on this Company Website or Company Program or any of the Trip Services. This Access Right granted to user under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.

2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access this Company Website or Company Program, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.

2.3 As a condition of each user’s use of this Company Website or Company Program, including without limitation any Trip Services, the user covenants to Company that: (a) user shall not use the Company Website or Company Program (including without limitation any Trip Services): (i) for any unlawful purpose or for any purpose that is prohibited by this Agreement; or (ii) in any manner that could damage, disable, overburden, or impair the Company Website or Company Program (including without limitation any Trip Services), or that would interfere with any other party's use and enjoyment of the Company Website or Company Program (including without limitation any Trip Services); and (b) user shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Company Website or Company Program (including without limitation through any Trip Services).

2.4 Notwithstanding any assistance that Company may provide, the user assumes sole responsibility for the uploading and updating of any of the user’s Content that is contained in the Company Website or Company Program.

2.5. Users further agree as follows:

2.5.1 Without limiting the generality of the foregoing, user agrees to all of the following provisions:

(a) User will not upload to, distribute or otherwise publish through this Company Website or Company Program any Content that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable;

(b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law,

(c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere;

(d) User will not impersonate any person or entity or otherwise misrepresent the user’s affiliation with a person or entity;

(e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail;

(f) User will not use the Company Website or Company Program for purposes not authorized by Company; and

(g) User will not use the Company Website or Company Program for any illegal purpose or any fraudulent scheme or transaction.

(h) User agrees to the MycoTreks Community Guidelines as outlined here: mycotreks.tours/community-guidelines

2.5.2 In addition to the rights given to Company pursuant to Section 8 of this Agreement, user hereby grants Company a perpetual, worldwide, transferable, fully paid up right to use any of the user’s Content to:

(a) provide the user with the Trip Services contemplated by this Company Website or Company Program, under this Agreement or under any other contract between user and Company, including without limitation any other uses normally intended for users;

(b) to assist or coordinate with any claims arising out of the use of the Company Website or Company Program, including without limitation any claims involving any Traveler; and

(c) for any other lawful purpose in carrying out Company business, operation or corporate purpose.

2.6 Without limiting the generality of any other provisions herein, User agrees to all of the following provisions:

2.6.1 Users are prohibited from violating or attempting to violate the security of this Company Website or Company Program or any Company Server (as defined herein), including, without limitation, (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services.

2.6.2 Any violations of any system or network security (including, but not limited to, that of this Company Website or Company Program or any Company Server may result in civil or criminal liability; and

2.6.3 Company has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Company also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a user does with respect to this Company Website or Company Program. By user’s use of the Company Website or Company Program, user hereby authorizes Company to take such action.

2.7 If the user uploads, transmits, or otherwise contributes any Content (either owned by the User or otherwise) to the Company Website or Company Program, user hereby represents and warrants to Company that the user has the lawful right to distribute and reproduce such Content. Also, user is solely responsible for its conduct (and the conduct of its users) while using the Company Website or Company Program, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions user generates, transmits, or maintains via the Company Website or Company Program. Company takes no responsibility for any such online distribution or publication by user or by any other party. Company cannot and will not review every message or other Content that User or any other party may generate or post, and Company is not responsible for the Content thereof.

2.8 In addition to any other right to terminate this Agreement, Company hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section.

2.9 LIABILITY DISCLAIMER: The Content, products and Trip Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, MycoTreks does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and descriptions of any accommodation, activity, meal, transport and other travel products, including the package and trip details and services displayed on this Website (including, without limitation, the pricing, photographs, lists of hotels and amenities, general product descriptions, etc.). In addition, MycoTreks LLC expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the corrected price or we will cancel your reservation without penalty. 

3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.

3.1 It is the Company’s policy to respect the copyright, trademarks, and intellectual property rights of others. Company has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any user who (in the Company’s determination) appear to infringe upon the copyright, trademarks, or intellectual property rights of others, and/or (ii) remove any such Content from a user from the Company Website or Company Program or used in any Trip Service that, in Company’s determination, may infringe the copyright, trademarks, or other intellectual property rights of any third party.

3.2 Each user agrees to the following:

3.2.1 Company or its licensors own all rights, title and interest, in the U.S. and elsewhere, in and to all trademarks, service marks (whether registered or common law marks), logos, and any other trade names displayed on or in the Company Websites and all other Company Programs (including without limitation the Company’s Trip Services) or otherwise embodied in or associated with any and all of the Company’s other products and services (hereinafter collectively referred to as “Trademarks/Trade Dress”). Users shall not use any Trademarks/Trade Dress in connection with any product or service that is not owned by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company which may appear in the Company Websites or any other Company Programs are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

3.2.2 All content included on or made available through any Company Websites or any other Company Programs, including without limitation any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of Company and is protected by United States and international copyright laws (collectively, “Works”).

3.2.3 Without limiting the provisions of Section 3.2.1 or 3.2.2 above, user hereby acknowledges and agrees that Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined in Section 3.1.1 above), all Works (as defined in Section 3.1.2 above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, all Company Websites and all other Company Program, or otherwise used by Company in the furtherance of its Trip Services or any of its other products, services or overall business (collectively “Company IP Assets”).

3.3 Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both the United States and other countries. This Agreement shall not be interpreted to: (i) grant any rights to any user in or to any of the Company IP Assets except for the limited Access Right set forth and subject to the terms and conditions of Section 2.1 of this Agreement; or (ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from Company to any users.

3.4 Company IP Assets may not be used by user without the prior written permission from the Company. Any rights not expressly granted herein to User are reserved to Company. In addition to any other conditions on the user’s Access Right as set forth in this Agreement, the user’s Access Right is subject to the following additional conditions: (i) user shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the Company IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of the Company (which the Company may or may not grant in its sole discretion); (iii) user shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of COMPANY or any other party placed on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the Company IP Assets is prohibited unless user is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.

3.5 User agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by Company. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.

4. PRIVACY.

4.1 User agrees that: (i) if the user has any User Content or any User login or password that it uses in association with the Company Website or Company Program or is otherwise used in association with any Trip Service, then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the user has any login or password associated with the Company Website or Company Program or that is otherwise used in association with any Trip Service, then the user: (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by the user, and (b) the user will immediately notify Company of any unauthorized use of the User’s login and password.

4.2 Each user’s access to and use of the Company Website or any other Company Programs, including without limitation using any of the Trip Services, is subject to the Company’s Privacy Notice, a copy of which is available here under section 4 https://www.mycotreks.tours/booking-terms , and which is hereby incorporated by reference into this Agreement (“Company Privacy Policy”). IN ADDITION TO ANY OTHER APPLICATIONS OR USES OF PERSONAL INFORMATION AS SET FORTH IN THE COMPANY PRIVACY POLICY, THE COLLECTION, USE, DISCLOSURE AND OTHER PROCESSING OF A USER’S PERSONAL INFORMATION IS GOVERNED BY THE COMPANY PRIVACY POLICY. As a result of such incorporation, each User hereby agrees to comply with the Company Privacy Policy, as it may be amended from time to time by the Company.

5. TRAVELER’S BOOKING TERMS AND CONDITIONS; SCOPE OF COMPANY’S TRIP SERVICES.

5.1 Booking; Company’s Trip Services for Travelers.

5.1.1 All bookings of a Trip by a Traveler must be made with the Company by using the Website or another authorized Company Program that has been made available to the Traveler by the Company. By booking a Trip (“Booking(s)” or “Book a Trip”) with the Company you hereby are deemed to have agreed to this Agreement, including without limitation all of the provisions of this Section 5 governing the Booking, and your Booking will only be accepted by the Company on this basis. Unless otherwise stated on your Trip Page cancellation policy, your payment terms are specifically defined below.

5.1.2 The Trip services to be provided by the Company when a Traveler Books a Trip when using the Company Website or any other Company Program will be limited to acceptance of the Booking and the Company’s processing of Trip Payments (as defined above) as described in that Booking (the “Trip Services”). FOR CLARITY, AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, THE TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING.

5.2 Prices & Surcharges. Prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means prices may vary at any time. Prices are all presented in USD. We reserve the right to impose surcharges up to 60 days before the Departure Date due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the Booking price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Booking price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.

5.6 Your Details. In order for us to confirm your travel arrangements for the Booking of your Trip, you must provide all requested details 45 days prior to Departure Date. Necessary details vary by Booking, and may include without limitation, full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details 45 days prior to Departure Date, may result in additional charges or non-refundable cancellation of your Booking.

5.7 Payment Plan and Refund Policy

5.7.1 Payment Plan.  The Company offers a phased payment plan to provide flexibility for Travelers. Payments must be made through the website under special installment products listed in the shop. The payment schedule depends on the booking date as outlined below:

Bookings Made Before April 1, 2025:

• $500 deposit at booking (non-refundable).

• Two equal installment payments of $1,249.50 each due on:

• April 1, 2025

• May 1, 2025

Bookings Made Between April 1 and April 30, 2025:

• $500 deposit at booking (non-refundable).

• Two equal installment payments of $1,249.50 each due on:

• May 1, 2025

• June 1, 2025

Bookings Made Between May 1 and May 31, 2025:

• $500 deposit at booking (non-refundable).

• Two equal installment payments of $1,249.50 each due on:

• June 1, 2025

• July 1, 2025

Bookings Made On or After June 1, 2025:

• Full payment of $2,999 required at booking.

5.7.2 Refund Policy.  Refunds will be issued according to the following schedule, with no exceptions:

120+ Days Before Departure (On or Before March 1, 2025):

• Full refund of all payments made, minus a $250 administrative fee and the non-refundable deposit.

90–120 Days Before Departure (March 2 – April 1, 2025):

• 60% refund of payments made, minus the non-refundable deposit and a $250 processing fee.

60–90 Days Before Departure (April 2 – May 1, 2025):

• 40% refund of payments made, minus the non-refundable deposit.

30–60 Days Before Departure (May 2 – June 1, 2025):

• 20% refund of payments made, minus the non-refundable deposit.

30 Days or Less Before Departure (On or After June 2, 2025):

• No refunds issued.

If a Traveler finds a replacement participant, they must submit a request in writing at least 30 days before departure for MycoTreks’ approval.

• A $150 transfer fee will apply.

• Transfers are not guaranteed and are subject to approval.

5.7.3 Non-Refundable Deposit.  The $500 deposit secures your spot and covers initial logistical expenses such as accommodations, transportation, and reservations. This deposit is non-refundable except in the following circumstances:

• The trip is canceled by the Company.

• The Traveler arranges for a replacement to take their spot, subject to approval by the Company.

5.7.4 Payment Defaults. Travelers who miss a scheduled payment may have their Booking cancelled without notice at the Company’s discretion. If a Traveler defaults, all previous payments are non-refundable. If MycoTreks cancels a Booking due to non-payment, the Traveler forfeits their spot and must rebook at the current trip rate. A $100 late payment fee may apply to past-due balances.

5.7.5 Travel Insurance Recommendation.  The Company strongly recommends purchasing travel insurance to cover unforeseen circumstances that may prevent participation or require cancellation.

5.8 Cancellation by the Company.

5.8.1 For any Reason. We may cancel a Booking for any reason up to 45 days before the Departure Date. Except as provided below, if we cancel your Booking, you can transfer the Down Payment and Additional Payments to an alternate Departure Date or receive a full refund. In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess or non-refundable flights.

5.8.2 Force Majeure Event. If a Force Majeure Event (as defined in this Agreement) prevents the operation of a Trip, MycoTreks LLC may:

Reschedule the Trip to a new date within 14 months.

Offer affected Travelers a credit for future bookings.

Refund only payments beyond the non-refundable deposit, at the company’s discretion.

Important Notice: Travelers will be responsible for any price increases on rescheduled Trips. MycoTreks is not liable for additional costs related to travel disruptions, including cancelled flights, missed connections, visa fees, insurance claims, or personal expenses. Refunds will not be issued for delays, cancellations, or modifications due to force majeure.

5.8.3 Violation of Community Guidelines We may cancel a Booking and remove you from a Trip and the platform for any violation of the Community Guidelines as outlined here. If we cancel your Booking, the Down Payment and Additional Payments made will be fully refunded. https://www.mycotreks.tours/community-guidelines

5.9 Inclusions & Exclusions. Unless specified in your contract with the Operator, or as part of a Designer Trip, the price of your Booking includes:

• All accommodation as listed

• All transportation as listed

• Activities listed

• Meals as listed

• Trip leader(s) as listed

Otherwise, the price of your booking does not include any other services or products, and excludes without limitation, the following:

• International or internal flights unless specified

• Taxes and excess baggage charges unless specified

• Meals and Beverages other than those specified

• Visa and passport fees

• Travel Insurance

• Optional activities and all personal expenses

• Tour guide tips

5.10 Age & Health Requirements. You must be at least 18 years of age to use the Trip Services, including, without limitation, booking any Trip. If you are Booking for an additional Traveler who is a minor or if you bring a minor to a trip, you must be at least 25 years of age, be legally authorized to act on behalf of the minor, and provide an executed guardian waiver in a form acceptable to the Company, in its sole discretion. You are solely responsible for the supervision of that minor. By Booking a trip using the Trip Services, you confirm you are at least 18 years of age. It is your sole responsibility to ensure that you are suitably fit to allow full participation in the trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. MycoTreks and our local Operators reserve the right to remove any Traveler, or deny any paid service to a Traveler, due to concerns over the health and safety of the individual or the group as a whole. Any health or safety-related removal or denial is at the discretion of MycoTreks and/or the authority on Trip. 

5.11 Passport and Visas. You must carry a valid passport and obtain all of the appropriate visas, permits and certificates for the countries which you will visit during your Trip. Your passport must be valid for 6 months beyond the duration of the booking. It is your sole responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

5.12 Travel Insurance. Travel insurance is recommended for all our travelers and should be taken out at the time of Booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of $200,000 USD for each of the categories of cover. We also strongly recommend the travel insurance policy include coverage for cancellation, curtailment, personal liability and loss of luggage and personal effects. If an Operator requires travel insurance, you will be advised a minimum of 90 days prior to departure. A policy holder and policy number in the Traveler’s name must be provided to the Company at minimum of 72 hours prior to departure.

5.13  You agree and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each Booking is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport are subject to alteration without prior notice, and the Company is not liable for any such changes.

5.14 Change of Itinerary. The Operators reserve the right to change the Trip itinerary. Please refer to our Website or other Company Programs before departure for the Operator’s most recent updates to the trip itinerary. It Is the Operator’s, and not our, sole responsibility to update the Booking itinerary.

5.15.1 Before Departure. If the Operator makes a major change, we will inform you as soon as reasonably possible if there is time before the Departure Date. The definition of a major change is defined as a substantial alteration to an itinerary which can include but is not limited to; length of stay, departure date, overnight location outside of 100 mile radius of advertised location.

5.15.2 When a major change is made, you may choose between accepting the new itinerary, or cancelling your Booking and obtaining a Trip Credit, without penalty, to be used on an alternative departure.

5.15.3 After Departure. The Company reserves the right to change an itinerary after Departure Due to local circumstances or events outside of their control. The additional cost of any necessary itinerary alterations will be your sole responsibility. Please note we are not responsible for any incidental expenses that may be incurred, including without limitation, expenses incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

5.16 Authority on Trip. If you fail to comply with a decision made by the Company or any Trip Leader identified by the Company, or interfere with the well-being or mobility of the group, the Operator or trip manager, if identified in the Booking, may direct you to leave the trip immediately, with no right of refund. The Company may also elect not to not provide you Services in the future. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with the Company’s responsible travel guidelines.

5.17 Acceptance of Risk. You acknowledge that the nature of the Trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is your sole responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

5.18 Optional Activities. Optional activities not included in the Booking are not operated or controlled by MycoTreks LLC. MycoTreks is not responsible for accidents, injuries, damages, or losses arising from any optional activities booked through third parties. Travelers must assume all risks and are strongly encouraged to obtain personal travel insurance. Some high-risk activities (e.g., hiking, foraging, water sports) may require additional liability waivers.

5.19 Claims & Complaints. If you have a complaint about your Trip, please inform your Trip Leader identified by the Operator at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to the Company within 30 days of the end of the trip.

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

5.21 Company Privacy Policy Governs Bookings. Any personal information that we collect about you may be used for any purpose associated with the operation of a Booking or otherwise associated with the Trip Services, or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to provide the Trip Services. We will otherwise treat your details in accordance with our Company Privacy Policy (as defined in Section 4 of this Agreement).

5.22 Pre-Trip Behavior. The Company may cancel a Booking at any time prior to the Departure date due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such cancellation, you may not be entitled to any refund or compensation. The Company may also elect to not provide you Services in the future.

5.23 COVID-19 Vaccination Requirements. Some Hosts may require that all Travelers on the Trip are fully vaccinated against COVID-19. This requirement will be displayed via website copy at the time of Booking. If required, on the Departure Date, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority by Departure Date. The Host vaccination requirement is in addition to the vaccination and/or testing requirements enforced by the local authorities within the destination of travel. The Company will not facilitate the collection of proof in regards to vaccination status and is not responsible for providing or verifying this information. Host is solely responsible to implement, administer, and enforce such vaccination requirement. Traveler agrees and acknowledges that the Company disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.

5.24 On-Trip Behavior:
MycoTreks LLC and its designated Trip Leaders have the sole discretion to remove a Traveler from a Trip if they:

• Pose a safety risk to themselves or others.

• Violate MycoTreks’ Community Guidelines.

• Engage in disruptive, illegal, or disrespectful behavior.

If a Traveler is removed:

• No refund will be issued.

• The Traveler must arrange and pay for their own return travel and accommodations.

• MycoTreks may ban the Traveler from future trips.

5.25 Early Departure from a Trip: If a Traveler voluntarily chooses to leave a Trip early or is required to leave due to violations of company policies, health concerns, safety risks, or behavioral issues:

The Traveler is fully responsible for all additional costs incurred, including but not limited to return transportation, accommodations, meals, and penalties imposed by third-party service providers.

MycoTreks will not refund any portion of the Trip cost for early departures under any circumstances.

MycoTreks is not responsible for arranging return travel or providing refunds for unused services due to early departure.

6. DISCLAIMERS; LIMITATION OF LIABILITY.

EXCEPT FOR THE COMPANY’S LIMITED AND EXPLICIT OBLIGATION UNDER SECTION 5.1.2 TO PROCESS TRIP PAYMENTS PURSUANT TO A TRAVELER’S BOOKING, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR OTHER GUARANTEES REGARDING THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, OR ANY THIRD-PARTY SERVICE PROVIDERS. ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR PARTICIPATION IN A TRIP.

MISSED FLIGHTS, TRAVEL DELAYS, LOSS OF BAGGAGE, OR TRIP INTERRUPTIONS DUE TO FORCE MAJEURE EVENTS, TRAVELER NEGLIGENCE, OR THIRD-PARTY PROVIDERS.

ACCIDENTS, INJURIES, OR DAMAGES ARISING FROM OPTIONAL ACTIVITIES OR THIRD-PARTY SERVICES (INCLUDING TRANSPORTATION, ACCOMMODATIONS, GUIDED EXCURSIONS, OR FOOD SERVICES).

ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOST PROFITS, OR EMOTIONAL DISTRESS.

TRAVELERS WAIVE THE RIGHT TO SUE MYCOTREKS LLC FOR ANY CLAIMS ARISING FROM THE ABOVE.

THE COMPANY’S MAXIMUM LIABILITY, UNDER ANY CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY FOR THE TRIP SERVICES UNDER THIS AGREEMENT.

7. INDEMNIFICATION. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including without limitation: (a) any unauthorized use of the Company Website, any Company Programs, any Company IP Assets or any content thereof; or (b) any actions of a Traveler during a Trip.

8. LINKS TO THIRD-PARTY WEBSITES. The Company Website, other Company Programs or our Trip Services may contain links to third-party websites. These links are provided for your convenience only. The Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Company Website, other Company Programs or our Trip Services, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

9. GOVERNING LAW; JURISDICTION, DISPUTES. Any disputes arising from this Agreement shall be governed by the laws of Ohio, USA. Exclusive jurisdiction for any claims shall be in the state and federal courts of Ohio. All disputes shall be resolved through mandatory binding arbitration, except for claims involving intellectual property rights or injunctive relief. Class-action lawsuits are prohibited—claims must be brought individually.

Statute of Limitations: Any claim against MycoTreks must be filed within one (1) year from the date of the incident or it is permanently waived.

10. CHANGES TO THIS AGREEMENT.

BY USING THE COMPANY WEBSITE, ANY COMPANY PROGRAM OR ANY TRIP SERVICES (INCLUDING WITHOUT LIMITATION BOOKING ANY TRIP THEREIN), YOU HEREBY AGREE AS FOLLOWS:

10.1 The company reserves the right, at our discretion and at any time, to make changes to any of the provisions of this agreement, including without limitation changes to any of the terms and conditions governing a booking of a trip or to the company privacy policy (hereinafter “Updates to this Agreement”).

10.2 The Company may take any reasonable efforts to post any such Updates to this Agreement, including without limitation posting such Updates to this Agreement on the Company’s main Website.

10.3 Continued use of any Company Website, any other Company Program, or any of the Company’s Trip Services by any user (including but not limited to any traveler) shall automatically constitute such user’s (including without limitation such Traveler’s) immediate acceptance of and consent to all of the updates to this agreement and you will thereafter be bound by such Updates to this Agreement.

10.4 If you do not agree to such Updates to this Agreement, then you should immediately discontinue using the Company Website, all other Company Programs, and all of the Company’s Trip Services.

11. MISCELLANEOUS PROVISIONS.

11.1 Entire Agreement; Waiver; Severability. This Agreement constitute the entire agreement between Company and each user (including without limitation each Traveler) with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. The Company ’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.

11.2 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Company Website, any other Company Program, any Trip Services or any other Company IP Assets and therefore each user hereby agrees that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

11.3 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

11.4 Binding Effect; No Assignment by Client; Permissible Assignment by Company. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user (including without limitation the Traveler) may not assign this Agreement, in whole or in part, without the prior written consent of the Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section 11.4 shall be void. The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.

12. CONTACT INFORMATION.

If you have questions or comments about this Agreement or the Company Websites, Company Programs or Services, please write, phone or email us via the contact information below:

MycoTreks LLC
6545 Market Avenue North,  Ste 100
North Canton, OH 44721
Email us: MycoGeeky@mycogeeky.com