Terms and Conditions
Chubby Diaries Terms & Conditions
“You” and “I” refers to each individual participant.
“We” and “us” refers to CHUBBY DIARIES.
“Trip” or “Tour” refers to the package individual participants have purchased.
All trip participants are required to sign and accept the terms and conditions for traveling with CHUBBY DIARIES. Strenuous trips will require a physician’s release on the health form.
Medical considerations: If you have any medical or psychological conditions, it’s very important to let us know well before departure so that we can make extra arrangements if necessary. In your registration confirmation email there is a link to a form where you can provide this information.
Trip leaders have the right to disqualify anyone at any time during the trip if they feel a trip member is mentally or physically incapable to continue and/or if a trip member’s continued participation jeopardizes the group’s or their own safety. Under these circumstances refunds are not given.
Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult and expensive. CHUBBY DIARIES assumes no liability regarding provision of medical care and is not in the business of providing medical care. By signing the terms and conditions, you agree to pay for emergency evacuation and emergency medical care.
Your obligations as a trip member:
By participating in a CHUBBY DIARIES trip, you assume certain obligations to CHUBBY DIARIES and the other Trip members. It is your responsibility to:
Understand the conditions implied in the description of your selected trip.
Select a trip that is appropriate to your interests and abilities.
Prepare for the trip by familiarizing yourself with the trip itinerary and trip preparation materials sent by CHUBBY DIARIES.
Bring appropriate gear and clothing as advised by CHUBBY DIARIES.
Obtain all necessary visas at your own cost.
Follow considerate social behavior with other trip participants and respect their habits.
Act in an appropriate and courteous manner befitting the customs of the countries you are visiting.
Respect the countries we visit by using environmentally safe products, staying on established routes of travel, and not littering.
CHUBBY DIARIES reserves the right to decline to accept or retain any person as a tour participant should such person’s behavior or health (mental or physical) impede the operation of the trip.
OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY
CHUBBY DIARIES may use independent contractors to provide transportation, guide services and/or all other related travel services. We assume no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: acts of God, natural disaster, banktrupcy, detention, annoyance, terrorism, thefts, pilferage, civil disturbances, government restrictions or regulations, strikes, delays and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, discrepancies or change in transit or hotel services over which we have no control.
We reserve the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of trip members. By placing a deposit to CHUBBY DIARIES, the depositor thereby agrees to be bound by the above terms and conditions. We will also have you sign these terms and conditions when you receive your registration email.
Reservations & Payments
To register for all CHUBBY DIARIES trips participants are required to fill out the form on chubbydiaries.com for the trip they desire. Upon registration you must pay a deposit (the amount of which may vary per trip).
All payments are non-refundable, your deposit is also non-transferable to another trip. Payments can be made via credit or debit card.
Final payments are required by 30 days prior to the official trip start date. If you have an outstanding balance we will contact you in order to ensure you make your final payment.
Payment plans: CHUBBY DIARIES offers payment plans for those who do not pay in full at registration. The farther out you book for your trip, the more spread out your payments can be made.
Cancellations & Trip Transfers
If you need to cancel your trip, please inform us via email as soon as possible.
You may change to another CHUBBY DIARIES departure within the next 18 calendar months. Everything paid towards your current trip will be transferred, except for the non-transferable deposit. If you had paid in full and the new trip is less expensive than the original we will refund you for the difference to the method you originally made your payments. If the trip is more expensive and you were on a payment plan we will work with you to create a new one. If you paid in full for the original trip you can choose to either establish a payment plan for the difference or pay it upon making the change.
Cancellation letters: A letter can be provided for travel insurance claim purposes. If you transfer your trip we will write one for your original deposit. If you choose to cancel completely it will be for the total funds you had paid.
Travel insurance is a requirement to participate in all CHUBBY DIARIES trips. We will request you send proof of insurance a few weeks prior to departure. The following coverage limits are required to be included in your plan:
$10,000 medical expenses
Trip Cancellation (make sure you read the terms on what are covered reasons as this can vary heavily between plans).
Participants with pre-existing conditions should ensure they purchase insurance within the proper time frame provided by their insurer so that they are covered.
Cancellations & Trip Changes by CHUBBY DIARIES
CHUBBY DIARIES reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at CHUBBY DIARIES’s sole discretion. The same goes for any trip changes to the itinerary, accommodations, guides, and all travel services being provided by CHUBBY DIARIES.
We also reserve the right to cancel any trip if sign-up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, CHUBBY DIARIES is not responsible for additional expenses incurred by you in preparing for the trip (e.g., non-refundable air tickets, visa fees if applicable, gear or medical expenses). You are also welcome to change to another CHUBBY DIARIES departure instead.
There is no one set number of participants required to run our trips, and CHUBBY DIARIES will not release the current number of registrants at any given time.
There is also no set timeline for when a trip may be cancelled or changed by CHUBBY DIARIES, all communications will take place as soon as possible once a decision has been reached.
A limited number of single rooms will be available on certain trips, we have no guarantee that they will be available on all CHUBBY DIARIES departures. Dependent on room costs there may be a single supplement, which will be advised at registration.
We will help with matching solo travelers into room shares for those who sign up for this option. We will not advise you of who you are matched with until your final trip details are released a few weeks before the trip. We do not assume any liability in regards to situations that arise from roommate matching, i.e. theft, snoring, personality differences, smoking, etc.
If any type of issue should arise onsite those that are impacted should bring the situation to the attention of the Trip Guide or responsible person (i.e. hotel staff, driver) immediately.
If a situation arises onsite that prevents the continuation of the trip or forces a change in itinerary, i.e. weather, force majeur, etc., CHUBBY DIARIES will communicate this to the group as soon as possible.
If any type of post-trip issue should arise (i.e. lost items left onsite, complaints), please email CHUBBY DIARIES right away. We cannot guarantee the finding or returning of lost items, but will do our best to assist you. If an item is found you will be responsible for the shipping costs. If anyone has any complaints regarding a trip we will do our best to respond as soon as possible to discuss the matter. Reasons for refunds, compensation, or otherwise post-trip are determined by CHUBBY DIARIES alone.
Gift Certifications & Post-trip Survey Certificates
Gift Certificates: These may be purchased for any amount and have no expiration date.
Post-trip Survey Certificates: If a participant fills out their post-trip survey they will receive a $25 certificate to use towards a future CHUBBY DIARIES trip. These are good for two years from your official trip-end date no matter when you fill out your survey.
Passports, Visas, and Vaccinations
All participants are required to have a valid passport and visas for their trip. It is participants sole responsibility to ensure they properly research entry requirements for countries being visited on their CHUBBY DIARIES tour and obtain them in advance (or upon arrival if that option is available).
The same goes for all vaccinations that are required prior to entering countries visited on CHUBBY DIARIES tours.
CHUBBY DIARIES will not provide any information on specific passport, visa, or vaccination requirements as participants are from around the world and this information is specific to what passport you are traveling on and which countries you have been to previously.
Air Arrangements & Airport Transfers
CHUBBY DIARIES will provide the details for what day and what airports participants need to arrive into for their tour. All participants are responsible for booking their own arrival and departure transportation.
Transfers will be provided on the official start and end days of CHUBBY DIARIES from the airports listed as arrival and departure destinations. If you choose to arrive/depart early or late, or arrive via another form of transport (i.e. train, boat, car), or into a different airport than transfers will not be provided and you are responsible to get yourself to and from the provided CHUBBY DIARIES accommodations.
Photographs & Video
Photographs and video will be taken throughout all CHUBBY DIARIES trips both by professionals and other participants. These photos will be utilized for marketing purposes and shared on social media by CHUBBY DIARIES and other participants. All participants accept that their likeness can be used by CHUBBY DIARIES. Photographs and videos that CHUBBY DIARIES is tagged in or sent by other participants can also be used by CHUBBY DIARIES and grants us a royalty-free, perpetual, irrevocable, non-exclusive right to utilize them.
Release of Liability, Assumption of Risk and Indemnification Agreement
1. TRIP AND ASSOCIATED RISKS – I have chosen to participate in the above referenced trip (hereinafter referred to as “the Trip”), which is organized by CHUBBY DIARIES and (hereinafter referred to collectively as “CHUBBY DIARIES Trips”). I understand that:
The Trip involves activities that are inherently hazardous, including those described in the separate document for the Trip, “Activity Level and Risks & Hazards,” which has been provided to me and which I am also signing and returning; During the Trip, I may be exposed to dangers and hazards, including equipment failures and negligence by others; As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged; Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and The Black Travel Club and CHUBBY DIARIES assume no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS – I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of The Black Travel Club & CHUBBY DIARIES, its employees and officers, its contractors, and other trip participants.
3. WAIVER AND RELEASE OF LIABILITY I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against CHUBBY DIARIES, its employees, officers, directors, vendors and contractors (“Released Parties”), where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Texas law does not permit to be released by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur on the Trip.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE I promise to INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. OTHER FORMS & TERMS – I have carefully read CHUBBY DIARIES’s trip itineraries, terms and conditions, and liability release, and have familiarized myself with all of the information provided to me about the Trip and its challenges. I agree to all of the conditions in the Itineraries- including the sections about my responsibilities and about CHUBBY DIARIES’s legal limitations. I acknowledge that CHUBBY DIARIES have no control over and assume no responsibility for the actions of any independent contractors providing any services for the Trip.
6. SEVER-ABILITY – I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Texas law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
7. APPLICABLE LAW, FORUM & ATTORNEY’S FEES – This agreement is governed by and shall be construed in accordance with the laws of the state of Texas without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be brought in the Superior Court of Travis County, Texas, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforce-ability of this agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child’s being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Texas law does not permit to be excluded by agreement.