JOHN HEATH TRAVEL, LLC
EXCURSION TERMS AND CONDITIONS AND RELEASE OF LIABILITY
Applicable to All Excursions, Tours, and Activities Booked Through John Heath Travel, LLC
PLEASE READ THIS DOCUMENT CAREFULLY. IT IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE OR RECOVER DAMAGES. NO SIGNATURE IS REQUIRED: BY BOOKING, PURCHASING, PAYING FOR, RECEIVING OR USING A TICKET FOR, OR PARTICIPATING IN AN EXCURSION, YOU ACCEPT AND AGREE TO ALL OF THESE TERMS — FOR YOURSELF AND FOR EVERY GUEST FOR WHOM YOU PURCHASE A TICKET. ALL EXCURSION PURCHASES ARE NON-REFUNDABLE. IF YOU DO NOT AGREE, DO NOT BOOK OR PARTICIPATE.
1. Parties; Definitions; Scope
These Terms and Conditions and Release of Liability (this "Agreement") govern the relationship between John Heath Travel, LLC, an Indiana limited liability company ("JHT," the "Agency," "we," or "us"), and each Guest in connection with any and all excursions, shore excursions, tours, transfers, and activities booked, purchased, or arranged through JHT (each, an "Excursion"). This Agreement applies to every Excursion regardless of destination, supplier, or how the Excursion was sourced, including Excursions JHT purchases or arranges through wholesalers, brokers, tour distributors, or cruise lines.
As used in this Agreement: (a) "Guest" (also "Participant," "you," or "your") means each person named on a booking, confirmation, or ticket for an Excursion and/or who uses a ticket for or participates in an Excursion, regardless of who purchased the ticket, and includes any accompanying minors and each Guest’s heirs, executors, administrators, successors, assigns, and representatives; (b) "Purchaser" means the person who books and pays for an Excursion, whether for themselves alone or also for other Guests; (c) "Local Operator" means the independent, on-site vendor at the destination that owns, operates, staffs, and conducts the Excursion, together with its owners, employees, contractors, guides, drivers, captains, crew, and equipment providers; (d) "Supplier" means any third party through which JHT purchased or arranged the Excursion, including any wholesaler, broker, consolidator, tour distributor, tour operator, or cruise line; and (e) "Released Parties" means JHT and its members, managers, owners, officers, employees, independent contractors, affiliated agents, successors, and assigns.
Relationship to JHT’s general Terms and Conditions. These Excursion Terms supplement, and are in addition to, JHT’s general client Terms and Conditions (available at https://www.johnheathtravel.com/clientterms) (the "General Terms"), which continue to apply to all travel services JHT arranges, including Excursions. This Agreement is adopted by JHT in writing pursuant to the General Terms’ amendment provision and constitutes JHT’s specific terms for Excursions. In the event of a direct conflict between this Agreement and the General Terms with respect to an Excursion — including with respect to eligibility, refunds, cancellations, changes, ticket transfers, and media releases — this Agreement controls; in all other respects the General Terms continue to apply. Nothing in this Agreement limits or waives any release, waiver, disclaimer, limitation of liability, indemnity, or other protection in favor of JHT under the General Terms, and JHT is entitled to the benefit of whichever provision is more protective of JHT.
2. Acceptance of Terms — No Signature Required
This Agreement does not require a physical or electronic signature to be binding. Each of the following, whichever occurs first, constitutes full acceptance of this Agreement by the Guest: (a) booking or purchasing an Excursion, or asking JHT to book it; (b) making any payment, in whole or in part; (c) receiving, holding, or using a ticket, confirmation, or voucher for an Excursion, whether purchased by the Guest or by another person on the Guest’s behalf; or (d) arriving for or participating in any portion of an Excursion. This Agreement applies to every Guest regardless of the Guest’s age and regardless of whether the Guest personally made the booking.
This Agreement is presented or made available at the time of booking and is available at any time upon request from JHT. If you do not agree to this Agreement, your sole remedy is to refrain from booking or, if a ticket has been purchased for you, to notify JHT and decline to use the ticket or participate; declining to participate does not entitle any Guest to a refund (see Section 13).
3. Booking Eligibility — JHT Clients Only
Excursions offered by JHT are exclusively available to clients whose travel is booked with or through JHT (each, an "Eligible Client"). By purchasing an Excursion, the Purchaser represents and warrants that the Purchaser and every Guest for whom a ticket is purchased is an Eligible Client.
ANY EXCURSION TICKET PURCHASED BY OR FOR AN INDIVIDUAL WHO IS NOT BOOKED THROUGH JOHN HEATH TRAVEL WILL BE CANCELLED WITHOUT NOTICE, AND NO REFUND WILL BE PROVIDED.
4. Purchases for Additional Guests (Up to Four Tickets)
A Purchaser may purchase up to four (4) tickets for an Excursion for use by other Guests, such as friends or family members, provided each such Guest is an Eligible Client under Section 3. By purchasing a ticket for any other person, the Purchaser represents and warrants that the Purchaser: (a) has the authority and consent of each such Guest (or, for minors, of the minor’s parent or legal guardian) to accept this Agreement on that Guest’s behalf, and does hereby accept this Agreement on behalf of each such Guest; (b) will provide, or make available, a copy of this Agreement to each such Guest before the Excursion; and (c) will ensure that each such Guest is aware that receipt or use of the ticket and/or participation in the Excursion constitutes that Guest’s own acceptance of this Agreement.
Each Guest for whom a ticket is purchased is independently bound by this Agreement upon receipt or use of the ticket or participation in the Excursion, as provided in Section 2. In addition, the Purchaser agrees to indemnify and hold harmless the Released Parties from and against any claim, loss, or expense (including reasonable attorneys’ fees) arising from any assertion by a Guest for whom the Purchaser bought a ticket that such Guest did not receive, accept, or agree to this Agreement.
5. Independent Provider Disclaimer — JHT Acts Solely as a Booking Agent
JHT is an independent travel agency acting solely as a booking agent and reseller of Excursions. Each Excursion is purchased or arranged through a Supplier and is conducted entirely by a Local Operator. JHT may be one or more levels removed from the party actually providing the Excursion, and makes arrangements for Excursions solely for the convenience of the Guest.
JHT DOES NOT OWN, MANAGE, OPERATE, SUPERVISE, OVERSEE, STAFF, MAINTAIN, OR CONTROL ANY EXCURSION, LOCAL OPERATOR, OR SUPPLIER, OR ANY VESSEL, VEHICLE, WATERCRAFT, CONVEYANCE, EQUIPMENT, APPURTENANCE, FACILITY, TRANSPORTATION, FOOD OR BEVERAGE SERVICE, OR PERSONNEL USED IN CONNECTION WITH ANY EXCURSION.
Each Local Operator and Supplier is an independent contractor. Neither any Local Operator or Supplier, nor any of their respective owners, employees, or agents, is an employee, agent, partner, joint venturer, or representative of JHT, and they have no relationship with JHT other than that of independent contractor. JHT has no authority or ability to direct or control their operations, equipment, staffing, safety practices, or conduct, and makes no representation, warranty, or statement, express or implied, regarding the use, suitability, fitness, or safety of any of their services, conveyances, equipment, or facilities for any particular purpose, or regarding their licensure or insurance coverage. JHT assumes no responsibility for, and does not guarantee the performance of, any Supplier or Local Operator. Any descriptions, photographs, or marketing materials for an Excursion are supplied by the Supplier or the Local Operator, and JHT is not responsible for their accuracy.
6. Supplier and Operator Terms
Each Excursion is also subject to the applicable Supplier’s own terms and conditions of carriage and participation — for example, a wholesaler’s guest ticket contract or a cruise line’s ticket contract and shore-excursion terms — which are incorporated herein by reference and are available from JHT or the Supplier upon request (collectively, the "Supplier’s Terms"). Under most Supplier’s Terms, receipt or use of a ticket constitutes the Guest’s acceptance of and agreement to those terms. Participation may also be subject to the Local Operator’s own terms and conditions.
Cruise line excursions. Where an Excursion is purchased through a cruise line (for example, Celebrity Cruises or another Royal Caribbean Group brand), the cruise line’s shore excursion and purchase terms and its cruise ticket contract apply to that Excursion in addition to this Agreement. Under those terms, shore excursions are operated by independent contractors, tickets are sold by the cruise line solely as a convenience to guests, guests participate at their own risk, and the cruise line disclaims responsibility for the performance of the excursion and for the acts, omissions, or negligence of shore excursion operators. Those terms typically further provide that any dispute or claim for injury, illness, or death arising out of participation in a shore excursion must be brought against the local shore excursion operator, and that any claim made against the cruise line must be brought under the governing law, venue, jurisdiction, time-limit, and dispute-resolution provisions of the guest’s cruise ticket contract — which may include mandatory binding arbitration and a waiver of jury trial and class actions for certain claims.
You acknowledge that: (a) claims against a Supplier are governed by that Supplier’s Terms, which may require, among other things, that claims be brought exclusively in a particular jurisdiction or forum — such as the jurisdiction where the Local Operator’s principal office is located, or the forum and dispute-resolution procedures designated in a cruise line’s ticket contract — under that forum’s law; and (b) claims against a Local Operator may be subject to the Local Operator’s own terms and to the courts and laws of the destination. In the event of any conflict between this Agreement and any Supplier’s Terms, this Agreement governs as between the Guest and JHT with respect to claims against JHT, and the Supplier’s Terms govern as between the Guest and that Supplier.
7. Assumption of Risk — Participation at Your Own Risk
You understand and acknowledge that travel — and excursion activities in particular — involves inherent risks, hazards, and dangers that cannot be eliminated even when reasonable care is exercised. These risks include, without limitation:
8. Release, Waiver, and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (FOR YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND NEXT OF KIN) HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND ARISING OUT OF OR RELATING TO ANY EXCURSION.
Without limiting the foregoing, the Released Parties shall not be liable for any injury, illness, death, loss, damage, delay, inconvenience, expense, or claim of any kind arising from or related to: (a) the acts, omissions, negligence (whether ordinary or gross, to the extent permitted by law), recklessness, willful misconduct, breach of contract, insolvency, default, or cessation of operations of any Local Operator, Supplier, or other provider of services connected with an Excursion; (b) the condition, maintenance, or operation of any vessel, vehicle, or equipment; (c) delays, changes to, interruption of, or cancellation of an Excursion; (d) weather, sea conditions, or other natural events; (e) exposure to COVID-19 or any other communicable disease in connection with an Excursion; or (f) any other cause beyond JHT’s direct control.
If, notwithstanding the foregoing release, JHT is found liable to you for any reason, JHT’s total aggregate liability shall not exceed the amount you actually paid to JHT for the Excursion giving rise to the claim, and in no event shall JHT be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost enjoyment, lost time, or lost income. Any claim against JHT must be commenced within one (1) year after the date of the Excursion or be forever barred, to the extent permitted by applicable law. Your sole recourse for any claim arising from the conduct of an Excursion itself lies against the Local Operator and/or the Supplier.
9. Compliance with Local Laws and Vendor Safety Rules
Excursions may take place outside the United States. The physical execution of each Excursion is subject to the laws, regulations, licensing regimes, and safety standards in force at the destination, which may differ substantially from — and may be less stringent than — those of the United States. You acknowledge that United States safety, consumer-protection, and liability standards do not govern the conduct or operation of any Excursion taking place outside the United States.
You agree to comply at all times with all applicable local laws and with all safety briefings, instructions, rules, posted warnings, and directions given by the Local Operator and its staff, including requirements concerning life jackets, safety equipment, restricted areas, and conduct. The Local Operator and the Supplier each reserve the right, in their sole discretion, to decline to provide services to, or to terminate the participation of, any Guest at any time, including any person who fails to follow instructions, appears impaired, or whose conduct or condition presents a risk to themselves or others; in such a case no refund will be owed by JHT, and JHT shall have no liability for that decision.
10. Medical Fitness and Ability to Participate
You represent and warrant that you (and any minor or other Guest for whom you purchased a ticket, to the best of your knowledge) are in good health and are physically and mentally fit to participate in the Excursion, and that you have no condition — including heart conditions, respiratory conditions, pregnancy, recent surgery or injury, or limitations on swimming ability where water activities are involved — that would make participation inadvisable. You are required to check with your personal doctor or with the Local Operator concerning any pre-existing medical condition that may be aggravated by participating in the activity, and you are solely responsible for disclosing to the Local Operator any condition relevant to safe participation. JHT is not qualified to, and does not, assess any Guest’s medical fitness.
Certain Excursions carry eligibility requirements — such as minimum or maximum age, height, weight, physical-ability, or certification requirements — set by the Local Operator or the Supplier, which reserve the right to verify eligibility upon arrival at the activity and to decline participation to any Guest who does not meet them. No refund will be owed by JHT to any Guest declined for failure to meet the operator’s or supplier’s eligibility requirements.
11. Minors
Guests under eighteen (18) years of age may participate only with a parent or legal guardian’s consent. The parent, legal guardian, or Purchaser who books for or accompanies a minor accepts this Agreement on the minor’s behalf in the manner described in Sections 2 and 4, and thereby: (a) represents that they have legal authority to do so; (b) agrees that every acknowledgment, assumption of risk, release, and waiver in this Agreement applies fully to the minor; (c) assumes full responsibility for the minor’s supervision, conduct, and safety during the Excursion; and (d) agrees to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of the minor arising out of the Excursion, to the fullest extent permitted by law.
12. Travel Insurance Strongly Recommended
Because all Excursion purchases are non-refundable, JHT strongly recommends that every Guest purchase comprehensive travel insurance, including coverage for trip cancellation and interruption, medical expenses, emergency medical evacuation, and baggage/personal property, effective for the full duration of travel. Medical care at the destination may be limited, and your domestic health insurance may provide little or no coverage abroad. You acknowledge that travel insurance was recommended to you and that if you decline coverage, you do so at your own risk and will be personally responsible for all resulting costs.
13. Payment; All Purchases Non-Refundable
Prices are stated in U.S. Dollars and are subject to change without notice; however, the price in effect at the time of your confirmed booking will be honored. Full payment is due at the time of booking unless otherwise stated in writing. The Excursion description lists all included features, which may or may not include guide services, meals, beverages, transportation, and entrance fees; local transportation is included only where indicated, meals and beverages are provided only when specified in the Excursion description, and activity equipment (for example, snorkeling, scuba, or golf equipment) is included only as specified. You are responsible for reviewing your confirmation or ticket for the final meeting time and place and for arriving on time.
ALL EXCURSION PURCHASES ARE FINAL AND NON-REFUNDABLE FROM THE MOMENT OF PURCHASE.
Sold-out resale exception. As the sole exception to the foregoing, if an Excursion sells out and JHT is able to resell your ticket(s) to another Eligible Client, JHT may consider issuing a refund for the resold ticket(s). Any such refund is not guaranteed, is processed in JHT’s sole discretion, and is owed only if and to the extent the ticket(s) are actually resold. No request to resell obligates JHT to resell or to refund.
Without limiting the foregoing, no refund, credit, or substitution will be provided to any Guest who: (a) cancels or requests to cancel after purchase (except as provided in the sold-out resale exception above); (b) fails to appear at the designated departure time and place; (c) leaves an Excursion after it has begun or otherwise does not use all scheduled services; (d) chooses not to participate in an Excursion that departs as scheduled, including due to weather (most Excursions operate in a variety of weather conditions); or (e) is declined or removed by the Local Operator or Supplier under Section 9, or has a ticket cancelled for ineligibility under Section 3. Any Guest who elects to leave the designated excursion transportation must arrange and pay for their own transportation back to the point of origin at their own expense.
14. Tickets Non-Transferable
Excursion tickets are non-transferable and may be used only by the Guest for whom they were originally purchased and in whose name the ticket or booking was issued. Name changes and transfers of tickets to other guests or third parties are not permitted. Any attempted transfer, resale, or use of a ticket by anyone other than the named Guest is void, and the ticket may be cancelled without notice and without refund. Reselling a sold-out ticket under the resale exception in Section 13 is handled exclusively by JHT and is not a transfer by the Guest.
15. Excursion Modifications and Cancellations
JHT reserves the right to modify or cancel any Excursion due to weather, safety concerns, minimum participation requirements, supplier issues, or other unforeseen circumstances, and the Supplier and the Local Operator reserve corresponding rights, including the right to reschedule, change the sequence of, or omit portions of an Excursion and to enforce minimum-participation requirements or limits on the maximum number of participants. A modification, rescheduling, sequence change, or partial omission of an Excursion does not entitle any Guest to a refund. Excursions purchased through a cruise line are additionally subject to the cruise line’s own modification and cancellation terms.
In the rare event that JHT or the tour operator cancels an Excursion in its entirety and it is not rescheduled, Guests will receive a full refund of the amount paid to JHT for that Excursion. Such refund shall be the Guest’s sole and exclusive remedy, and neither JHT nor any Supplier or Local Operator shall be liable for any other loss or expense arising from a modification or cancellation, including travel costs, cruise fare, or lodging.
16. Personal Property
All personal items — including coats, cameras, phones, handbags, and similar articles — must remain under your personal control at all times during the Excursion. Neither JHT, the Supplier, nor the Local Operator is responsible for the loss, theft, or damage of personal items during the Excursion.
17. Force Majeure
JHT shall not be liable for, and shall not be deemed in breach of this Agreement on account of, any failure, delay, change, or cancellation caused by events beyond its reasonable control, including acts of God; weather events, hurricanes, or sea conditions; epidemics or pandemics; government actions, travel advisories, or border or port closures; strikes or labor disputes; civil unrest, terrorism, or war; mechanical failures; utility or communications failures; changes to cruise itineraries or a ship’s inability to call on a scheduled port; or the acts, omissions, insolvency, or default of third parties, including any Supplier or Local Operator.
18. Photography and Media Release
You grant JHT a perpetual, royalty-free license to use photographs, video, and other media in which you appear, taken in connection with an Excursion and provided to or captured by JHT, for JHT’s marketing and promotional purposes, without compensation to you. You may opt out at any time by written notice to JHT at john@johnheathtravel.com before or after the Excursion, and JHT will not make new uses of your image after receiving your notice. Opting out does not affect any other provision of this Agreement.
19. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of this Agreement, including the representations in Sections 3 and 4; (b) your violation of any law or of the rules or instructions of the Local Operator; or (c) any injury, loss, or damage caused by you to any person or property during an Excursion.
20. Governing Law; Exclusive Forum and Jurisdiction
This Agreement, and any dispute, claim, or controversy between you and JHT arising out of or relating to this Agreement or any Excursion (whether sounding in contract, tort, or otherwise), shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America, without regard to its conflict-of-laws principles, except that the physical conduct and operation of an Excursion remains subject to the law of the destination as described in Section 9.
ANY LEGAL ACTION OR PROCEEDING AGAINST JOHN HEATH TRAVEL, LLC SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN MARION COUNTY, STATE OF INDIANA, USA, AND YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THOSE COURTS AND WAIVE ANY OBJECTION BASED ON INCONVENIENT FORUM.
This forum-selection clause applies only to claims against JHT and the Released Parties. Claims against a Supplier are subject to the venue and choice-of-law provisions of that Supplier’s Terms described in Section 6, and claims against a Local Operator may be subject to that party’s own terms, jurisdiction, and legal system, over none of which JHT has any control.
21. Severability; Entire Agreement; Miscellaneous
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed and shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. Together with JHT’s General Terms described in Section 1, the booking confirmation, and the documents they incorporate by reference, this Agreement constitutes the entire agreement between you and JHT concerning Excursions and supersedes all prior or contemporaneous oral or written communications on that subject. No waiver of any provision shall be effective unless in writing and signed by JHT, and no waiver of one breach shall constitute a waiver of any other. Section headings are for convenience only. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.
22. Acknowledgment
BY BOOKING, PURCHASING, PAYING FOR, RECEIVING OR USING A TICKET FOR, OR PARTICIPATING IN AN EXCURSION, EACH GUEST ACKNOWLEDGES THAT THEY HAVE HAD THE OPPORTUNITY TO READ THIS ENTIRE AGREEMENT, THAT THEY UNDERSTAND ITS TERMS — INCLUDING THAT ALL PURCHASES ARE NON-REFUNDABLE AND THAT THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE JOHN HEATH TRAVEL, LLC — AND THAT THEY ACCEPT THESE TERMS FREELY AND VOLUNTARILY, FOR THEMSELVES, FOR ANY MINORS IN THEIR CARE, AND, IN THE CASE OF A PURCHASER, ON BEHALF OF EACH GUEST FOR WHOM THEY PURCHASED A TICKET.
Version / Effective Date: August 19, 2026
John Heath Travel, LLC · 5503 Allisonville Rd, Indianapolis, Indiana 46220 · john@johnheathtravel.com
EXCURSION TERMS AND CONDITIONS AND RELEASE OF LIABILITY
Applicable to All Excursions, Tours, and Activities Booked Through John Heath Travel, LLC
PLEASE READ THIS DOCUMENT CAREFULLY. IT IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE OR RECOVER DAMAGES. NO SIGNATURE IS REQUIRED: BY BOOKING, PURCHASING, PAYING FOR, RECEIVING OR USING A TICKET FOR, OR PARTICIPATING IN AN EXCURSION, YOU ACCEPT AND AGREE TO ALL OF THESE TERMS — FOR YOURSELF AND FOR EVERY GUEST FOR WHOM YOU PURCHASE A TICKET. ALL EXCURSION PURCHASES ARE NON-REFUNDABLE. IF YOU DO NOT AGREE, DO NOT BOOK OR PARTICIPATE.
1. Parties; Definitions; Scope
These Terms and Conditions and Release of Liability (this "Agreement") govern the relationship between John Heath Travel, LLC, an Indiana limited liability company ("JHT," the "Agency," "we," or "us"), and each Guest in connection with any and all excursions, shore excursions, tours, transfers, and activities booked, purchased, or arranged through JHT (each, an "Excursion"). This Agreement applies to every Excursion regardless of destination, supplier, or how the Excursion was sourced, including Excursions JHT purchases or arranges through wholesalers, brokers, tour distributors, or cruise lines.
As used in this Agreement: (a) "Guest" (also "Participant," "you," or "your") means each person named on a booking, confirmation, or ticket for an Excursion and/or who uses a ticket for or participates in an Excursion, regardless of who purchased the ticket, and includes any accompanying minors and each Guest’s heirs, executors, administrators, successors, assigns, and representatives; (b) "Purchaser" means the person who books and pays for an Excursion, whether for themselves alone or also for other Guests; (c) "Local Operator" means the independent, on-site vendor at the destination that owns, operates, staffs, and conducts the Excursion, together with its owners, employees, contractors, guides, drivers, captains, crew, and equipment providers; (d) "Supplier" means any third party through which JHT purchased or arranged the Excursion, including any wholesaler, broker, consolidator, tour distributor, tour operator, or cruise line; and (e) "Released Parties" means JHT and its members, managers, owners, officers, employees, independent contractors, affiliated agents, successors, and assigns.
Relationship to JHT’s general Terms and Conditions. These Excursion Terms supplement, and are in addition to, JHT’s general client Terms and Conditions (available at https://www.johnheathtravel.com/clientterms) (the "General Terms"), which continue to apply to all travel services JHT arranges, including Excursions. This Agreement is adopted by JHT in writing pursuant to the General Terms’ amendment provision and constitutes JHT’s specific terms for Excursions. In the event of a direct conflict between this Agreement and the General Terms with respect to an Excursion — including with respect to eligibility, refunds, cancellations, changes, ticket transfers, and media releases — this Agreement controls; in all other respects the General Terms continue to apply. Nothing in this Agreement limits or waives any release, waiver, disclaimer, limitation of liability, indemnity, or other protection in favor of JHT under the General Terms, and JHT is entitled to the benefit of whichever provision is more protective of JHT.
2. Acceptance of Terms — No Signature Required
This Agreement does not require a physical or electronic signature to be binding. Each of the following, whichever occurs first, constitutes full acceptance of this Agreement by the Guest: (a) booking or purchasing an Excursion, or asking JHT to book it; (b) making any payment, in whole or in part; (c) receiving, holding, or using a ticket, confirmation, or voucher for an Excursion, whether purchased by the Guest or by another person on the Guest’s behalf; or (d) arriving for or participating in any portion of an Excursion. This Agreement applies to every Guest regardless of the Guest’s age and regardless of whether the Guest personally made the booking.
This Agreement is presented or made available at the time of booking and is available at any time upon request from JHT. If you do not agree to this Agreement, your sole remedy is to refrain from booking or, if a ticket has been purchased for you, to notify JHT and decline to use the ticket or participate; declining to participate does not entitle any Guest to a refund (see Section 13).
3. Booking Eligibility — JHT Clients Only
Excursions offered by JHT are exclusively available to clients whose travel is booked with or through JHT (each, an "Eligible Client"). By purchasing an Excursion, the Purchaser represents and warrants that the Purchaser and every Guest for whom a ticket is purchased is an Eligible Client.
ANY EXCURSION TICKET PURCHASED BY OR FOR AN INDIVIDUAL WHO IS NOT BOOKED THROUGH JOHN HEATH TRAVEL WILL BE CANCELLED WITHOUT NOTICE, AND NO REFUND WILL BE PROVIDED.
4. Purchases for Additional Guests (Up to Four Tickets)
A Purchaser may purchase up to four (4) tickets for an Excursion for use by other Guests, such as friends or family members, provided each such Guest is an Eligible Client under Section 3. By purchasing a ticket for any other person, the Purchaser represents and warrants that the Purchaser: (a) has the authority and consent of each such Guest (or, for minors, of the minor’s parent or legal guardian) to accept this Agreement on that Guest’s behalf, and does hereby accept this Agreement on behalf of each such Guest; (b) will provide, or make available, a copy of this Agreement to each such Guest before the Excursion; and (c) will ensure that each such Guest is aware that receipt or use of the ticket and/or participation in the Excursion constitutes that Guest’s own acceptance of this Agreement.
Each Guest for whom a ticket is purchased is independently bound by this Agreement upon receipt or use of the ticket or participation in the Excursion, as provided in Section 2. In addition, the Purchaser agrees to indemnify and hold harmless the Released Parties from and against any claim, loss, or expense (including reasonable attorneys’ fees) arising from any assertion by a Guest for whom the Purchaser bought a ticket that such Guest did not receive, accept, or agree to this Agreement.
5. Independent Provider Disclaimer — JHT Acts Solely as a Booking Agent
JHT is an independent travel agency acting solely as a booking agent and reseller of Excursions. Each Excursion is purchased or arranged through a Supplier and is conducted entirely by a Local Operator. JHT may be one or more levels removed from the party actually providing the Excursion, and makes arrangements for Excursions solely for the convenience of the Guest.
JHT DOES NOT OWN, MANAGE, OPERATE, SUPERVISE, OVERSEE, STAFF, MAINTAIN, OR CONTROL ANY EXCURSION, LOCAL OPERATOR, OR SUPPLIER, OR ANY VESSEL, VEHICLE, WATERCRAFT, CONVEYANCE, EQUIPMENT, APPURTENANCE, FACILITY, TRANSPORTATION, FOOD OR BEVERAGE SERVICE, OR PERSONNEL USED IN CONNECTION WITH ANY EXCURSION.
Each Local Operator and Supplier is an independent contractor. Neither any Local Operator or Supplier, nor any of their respective owners, employees, or agents, is an employee, agent, partner, joint venturer, or representative of JHT, and they have no relationship with JHT other than that of independent contractor. JHT has no authority or ability to direct or control their operations, equipment, staffing, safety practices, or conduct, and makes no representation, warranty, or statement, express or implied, regarding the use, suitability, fitness, or safety of any of their services, conveyances, equipment, or facilities for any particular purpose, or regarding their licensure or insurance coverage. JHT assumes no responsibility for, and does not guarantee the performance of, any Supplier or Local Operator. Any descriptions, photographs, or marketing materials for an Excursion are supplied by the Supplier or the Local Operator, and JHT is not responsible for their accuracy.
6. Supplier and Operator Terms
Each Excursion is also subject to the applicable Supplier’s own terms and conditions of carriage and participation — for example, a wholesaler’s guest ticket contract or a cruise line’s ticket contract and shore-excursion terms — which are incorporated herein by reference and are available from JHT or the Supplier upon request (collectively, the "Supplier’s Terms"). Under most Supplier’s Terms, receipt or use of a ticket constitutes the Guest’s acceptance of and agreement to those terms. Participation may also be subject to the Local Operator’s own terms and conditions.
Cruise line excursions. Where an Excursion is purchased through a cruise line (for example, Celebrity Cruises or another Royal Caribbean Group brand), the cruise line’s shore excursion and purchase terms and its cruise ticket contract apply to that Excursion in addition to this Agreement. Under those terms, shore excursions are operated by independent contractors, tickets are sold by the cruise line solely as a convenience to guests, guests participate at their own risk, and the cruise line disclaims responsibility for the performance of the excursion and for the acts, omissions, or negligence of shore excursion operators. Those terms typically further provide that any dispute or claim for injury, illness, or death arising out of participation in a shore excursion must be brought against the local shore excursion operator, and that any claim made against the cruise line must be brought under the governing law, venue, jurisdiction, time-limit, and dispute-resolution provisions of the guest’s cruise ticket contract — which may include mandatory binding arbitration and a waiver of jury trial and class actions for certain claims.
You acknowledge that: (a) claims against a Supplier are governed by that Supplier’s Terms, which may require, among other things, that claims be brought exclusively in a particular jurisdiction or forum — such as the jurisdiction where the Local Operator’s principal office is located, or the forum and dispute-resolution procedures designated in a cruise line’s ticket contract — under that forum’s law; and (b) claims against a Local Operator may be subject to the Local Operator’s own terms and to the courts and laws of the destination. In the event of any conflict between this Agreement and any Supplier’s Terms, this Agreement governs as between the Guest and JHT with respect to claims against JHT, and the Supplier’s Terms govern as between the Guest and that Supplier.
7. Assumption of Risk — Participation at Your Own Risk
You understand and acknowledge that travel — and excursion activities in particular — involves inherent risks, hazards, and dangers that cannot be eliminated even when reasonable care is exercised. These risks include, without limitation:
- physical injury, illness, disability, drowning, or death;
- exposure to COVID-19 or other communicable diseases, the risk of which you expressly and voluntarily assume;
- risks associated with water activities, watercraft, swimming, snorkeling, marine life, weather, and sea or surf conditions;
- risks associated with ground transportation, road conditions, and the acts or omissions of drivers, captains, guides, and other participants;
- equipment failure or misuse; slips, trips, and falls; heat, sun, and dehydration;
- loss of, damage to, or theft of personal property;
- delays, itinerary changes, or cancellation of an Excursion; and
- for Excursions taking place outside the United States, differences in safety, regulatory, licensing, medical, and legal standards between the destination and the United States, including the possible unavailability of, or delay in reaching, emergency medical care.
8. Release, Waiver, and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (FOR YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND NEXT OF KIN) HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND ARISING OUT OF OR RELATING TO ANY EXCURSION.
Without limiting the foregoing, the Released Parties shall not be liable for any injury, illness, death, loss, damage, delay, inconvenience, expense, or claim of any kind arising from or related to: (a) the acts, omissions, negligence (whether ordinary or gross, to the extent permitted by law), recklessness, willful misconduct, breach of contract, insolvency, default, or cessation of operations of any Local Operator, Supplier, or other provider of services connected with an Excursion; (b) the condition, maintenance, or operation of any vessel, vehicle, or equipment; (c) delays, changes to, interruption of, or cancellation of an Excursion; (d) weather, sea conditions, or other natural events; (e) exposure to COVID-19 or any other communicable disease in connection with an Excursion; or (f) any other cause beyond JHT’s direct control.
If, notwithstanding the foregoing release, JHT is found liable to you for any reason, JHT’s total aggregate liability shall not exceed the amount you actually paid to JHT for the Excursion giving rise to the claim, and in no event shall JHT be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost enjoyment, lost time, or lost income. Any claim against JHT must be commenced within one (1) year after the date of the Excursion or be forever barred, to the extent permitted by applicable law. Your sole recourse for any claim arising from the conduct of an Excursion itself lies against the Local Operator and/or the Supplier.
9. Compliance with Local Laws and Vendor Safety Rules
Excursions may take place outside the United States. The physical execution of each Excursion is subject to the laws, regulations, licensing regimes, and safety standards in force at the destination, which may differ substantially from — and may be less stringent than — those of the United States. You acknowledge that United States safety, consumer-protection, and liability standards do not govern the conduct or operation of any Excursion taking place outside the United States.
You agree to comply at all times with all applicable local laws and with all safety briefings, instructions, rules, posted warnings, and directions given by the Local Operator and its staff, including requirements concerning life jackets, safety equipment, restricted areas, and conduct. The Local Operator and the Supplier each reserve the right, in their sole discretion, to decline to provide services to, or to terminate the participation of, any Guest at any time, including any person who fails to follow instructions, appears impaired, or whose conduct or condition presents a risk to themselves or others; in such a case no refund will be owed by JHT, and JHT shall have no liability for that decision.
10. Medical Fitness and Ability to Participate
You represent and warrant that you (and any minor or other Guest for whom you purchased a ticket, to the best of your knowledge) are in good health and are physically and mentally fit to participate in the Excursion, and that you have no condition — including heart conditions, respiratory conditions, pregnancy, recent surgery or injury, or limitations on swimming ability where water activities are involved — that would make participation inadvisable. You are required to check with your personal doctor or with the Local Operator concerning any pre-existing medical condition that may be aggravated by participating in the activity, and you are solely responsible for disclosing to the Local Operator any condition relevant to safe participation. JHT is not qualified to, and does not, assess any Guest’s medical fitness.
Certain Excursions carry eligibility requirements — such as minimum or maximum age, height, weight, physical-ability, or certification requirements — set by the Local Operator or the Supplier, which reserve the right to verify eligibility upon arrival at the activity and to decline participation to any Guest who does not meet them. No refund will be owed by JHT to any Guest declined for failure to meet the operator’s or supplier’s eligibility requirements.
11. Minors
Guests under eighteen (18) years of age may participate only with a parent or legal guardian’s consent. The parent, legal guardian, or Purchaser who books for or accompanies a minor accepts this Agreement on the minor’s behalf in the manner described in Sections 2 and 4, and thereby: (a) represents that they have legal authority to do so; (b) agrees that every acknowledgment, assumption of risk, release, and waiver in this Agreement applies fully to the minor; (c) assumes full responsibility for the minor’s supervision, conduct, and safety during the Excursion; and (d) agrees to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of the minor arising out of the Excursion, to the fullest extent permitted by law.
12. Travel Insurance Strongly Recommended
Because all Excursion purchases are non-refundable, JHT strongly recommends that every Guest purchase comprehensive travel insurance, including coverage for trip cancellation and interruption, medical expenses, emergency medical evacuation, and baggage/personal property, effective for the full duration of travel. Medical care at the destination may be limited, and your domestic health insurance may provide little or no coverage abroad. You acknowledge that travel insurance was recommended to you and that if you decline coverage, you do so at your own risk and will be personally responsible for all resulting costs.
13. Payment; All Purchases Non-Refundable
Prices are stated in U.S. Dollars and are subject to change without notice; however, the price in effect at the time of your confirmed booking will be honored. Full payment is due at the time of booking unless otherwise stated in writing. The Excursion description lists all included features, which may or may not include guide services, meals, beverages, transportation, and entrance fees; local transportation is included only where indicated, meals and beverages are provided only when specified in the Excursion description, and activity equipment (for example, snorkeling, scuba, or golf equipment) is included only as specified. You are responsible for reviewing your confirmation or ticket for the final meeting time and place and for arriving on time.
ALL EXCURSION PURCHASES ARE FINAL AND NON-REFUNDABLE FROM THE MOMENT OF PURCHASE.
Sold-out resale exception. As the sole exception to the foregoing, if an Excursion sells out and JHT is able to resell your ticket(s) to another Eligible Client, JHT may consider issuing a refund for the resold ticket(s). Any such refund is not guaranteed, is processed in JHT’s sole discretion, and is owed only if and to the extent the ticket(s) are actually resold. No request to resell obligates JHT to resell or to refund.
Without limiting the foregoing, no refund, credit, or substitution will be provided to any Guest who: (a) cancels or requests to cancel after purchase (except as provided in the sold-out resale exception above); (b) fails to appear at the designated departure time and place; (c) leaves an Excursion after it has begun or otherwise does not use all scheduled services; (d) chooses not to participate in an Excursion that departs as scheduled, including due to weather (most Excursions operate in a variety of weather conditions); or (e) is declined or removed by the Local Operator or Supplier under Section 9, or has a ticket cancelled for ineligibility under Section 3. Any Guest who elects to leave the designated excursion transportation must arrange and pay for their own transportation back to the point of origin at their own expense.
14. Tickets Non-Transferable
Excursion tickets are non-transferable and may be used only by the Guest for whom they were originally purchased and in whose name the ticket or booking was issued. Name changes and transfers of tickets to other guests or third parties are not permitted. Any attempted transfer, resale, or use of a ticket by anyone other than the named Guest is void, and the ticket may be cancelled without notice and without refund. Reselling a sold-out ticket under the resale exception in Section 13 is handled exclusively by JHT and is not a transfer by the Guest.
15. Excursion Modifications and Cancellations
JHT reserves the right to modify or cancel any Excursion due to weather, safety concerns, minimum participation requirements, supplier issues, or other unforeseen circumstances, and the Supplier and the Local Operator reserve corresponding rights, including the right to reschedule, change the sequence of, or omit portions of an Excursion and to enforce minimum-participation requirements or limits on the maximum number of participants. A modification, rescheduling, sequence change, or partial omission of an Excursion does not entitle any Guest to a refund. Excursions purchased through a cruise line are additionally subject to the cruise line’s own modification and cancellation terms.
In the rare event that JHT or the tour operator cancels an Excursion in its entirety and it is not rescheduled, Guests will receive a full refund of the amount paid to JHT for that Excursion. Such refund shall be the Guest’s sole and exclusive remedy, and neither JHT nor any Supplier or Local Operator shall be liable for any other loss or expense arising from a modification or cancellation, including travel costs, cruise fare, or lodging.
16. Personal Property
All personal items — including coats, cameras, phones, handbags, and similar articles — must remain under your personal control at all times during the Excursion. Neither JHT, the Supplier, nor the Local Operator is responsible for the loss, theft, or damage of personal items during the Excursion.
17. Force Majeure
JHT shall not be liable for, and shall not be deemed in breach of this Agreement on account of, any failure, delay, change, or cancellation caused by events beyond its reasonable control, including acts of God; weather events, hurricanes, or sea conditions; epidemics or pandemics; government actions, travel advisories, or border or port closures; strikes or labor disputes; civil unrest, terrorism, or war; mechanical failures; utility or communications failures; changes to cruise itineraries or a ship’s inability to call on a scheduled port; or the acts, omissions, insolvency, or default of third parties, including any Supplier or Local Operator.
18. Photography and Media Release
You grant JHT a perpetual, royalty-free license to use photographs, video, and other media in which you appear, taken in connection with an Excursion and provided to or captured by JHT, for JHT’s marketing and promotional purposes, without compensation to you. You may opt out at any time by written notice to JHT at john@johnheathtravel.com before or after the Excursion, and JHT will not make new uses of your image after receiving your notice. Opting out does not affect any other provision of this Agreement.
19. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of this Agreement, including the representations in Sections 3 and 4; (b) your violation of any law or of the rules or instructions of the Local Operator; or (c) any injury, loss, or damage caused by you to any person or property during an Excursion.
20. Governing Law; Exclusive Forum and Jurisdiction
This Agreement, and any dispute, claim, or controversy between you and JHT arising out of or relating to this Agreement or any Excursion (whether sounding in contract, tort, or otherwise), shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America, without regard to its conflict-of-laws principles, except that the physical conduct and operation of an Excursion remains subject to the law of the destination as described in Section 9.
ANY LEGAL ACTION OR PROCEEDING AGAINST JOHN HEATH TRAVEL, LLC SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN MARION COUNTY, STATE OF INDIANA, USA, AND YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THOSE COURTS AND WAIVE ANY OBJECTION BASED ON INCONVENIENT FORUM.
This forum-selection clause applies only to claims against JHT and the Released Parties. Claims against a Supplier are subject to the venue and choice-of-law provisions of that Supplier’s Terms described in Section 6, and claims against a Local Operator may be subject to that party’s own terms, jurisdiction, and legal system, over none of which JHT has any control.
21. Severability; Entire Agreement; Miscellaneous
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed and shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. Together with JHT’s General Terms described in Section 1, the booking confirmation, and the documents they incorporate by reference, this Agreement constitutes the entire agreement between you and JHT concerning Excursions and supersedes all prior or contemporaneous oral or written communications on that subject. No waiver of any provision shall be effective unless in writing and signed by JHT, and no waiver of one breach shall constitute a waiver of any other. Section headings are for convenience only. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.
22. Acknowledgment
BY BOOKING, PURCHASING, PAYING FOR, RECEIVING OR USING A TICKET FOR, OR PARTICIPATING IN AN EXCURSION, EACH GUEST ACKNOWLEDGES THAT THEY HAVE HAD THE OPPORTUNITY TO READ THIS ENTIRE AGREEMENT, THAT THEY UNDERSTAND ITS TERMS — INCLUDING THAT ALL PURCHASES ARE NON-REFUNDABLE AND THAT THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE JOHN HEATH TRAVEL, LLC — AND THAT THEY ACCEPT THESE TERMS FREELY AND VOLUNTARILY, FOR THEMSELVES, FOR ANY MINORS IN THEIR CARE, AND, IN THE CASE OF A PURCHASER, ON BEHALF OF EACH GUEST FOR WHOM THEY PURCHASED A TICKET.
Version / Effective Date: August 19, 2026
John Heath Travel, LLC · 5503 Allisonville Rd, Indianapolis, Indiana 46220 · john@johnheathtravel.com