(Effective July 25, 2026)
1. Background.
These Terms and Conditions (the “Terms”) set forth the agreement between you and Birchwood Tours, LLC (dba Essential History Expeditions). (“Essential History Expeditions”, “we”, “us”, or “our”). Essential History Expeditions provides guided historical and cultural educational Tours to guests in worldwide locations (each, a “Tour”).
You accept these Terms and all related policies upon making a reservation for a Tour or by attending a Tour. If you do not understand these Terms or do not agree to any of the Terms, please do not make a reservation for a Tour or attend a Tour. If you are making a Tour reservation for another person, it is your responsibility to ensure that all individuals for whom you make a reservation or booking have read and agreed to these Terms. You are responsible, including financially responsible, for any reservations or bookings you make on your behalf or on the behalf of any individuals under your direction or control.
2. Booking. You may book a Tour with us using the online reservation process provided on our website (https://www.historyexp.com/join-us-historyexp/) or by contacting us at info@historyexp.com. When you book a Tour, you enter into a contract with us pursuant to which we agree to provide you certain services, as outlined in itineraries made available on the Website, in exchange for the payment by you of certain fees. Note that we may remove the ability to book Tours on its website from time to time, including when the applicable Tour is fully booked. If you are interested in being added to a waitlist for a future Tour, please contact us at info@historyexp.com.
3. Eligibility:
A. Age. Unless otherwise indicated in a Tour itinerary, each guest must be at least 18 years of age (unless accompanied by a parent or guardian) and of sound body and mind to book and/or attend a Tour. or, if under 18 years of age, accompanied by a parent or guardian for the entire Tour.
B. Health Considerations. To enjoy the travel experience, participants should be in good physical and mental health. Participants should have sufficient stamina to keep pace with a full day of activities and should be able to walk over uneven terrain and climb stairs. We will make reasonable efforts to accommodate participants with disabilities on all of our Tours, but not all Tours may be suitable for all participants. Any physical condition, diet, or treatment requiring special attention or accommodation must be reported in writing when a reservation is made. Please contact us at info@historyexp.com for any questions about the participant’s ability to join a Tour or if special accommodation to participate on this Tour is required. Please be aware that healthcare standards, facilities, and services abroad may vary depending on the destination. Should you decide not to participate in certain parts of a Tour or not to use certain services included in the Tour, no refunds will be made for those unused parts of a Tour or services.
C. Passports and Visas. You must ensure you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We recommend Passports be valid for six (6) months after completion of a Tour. We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required valid documentation and Essential History Expeditions shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.
4. Itineraries; Modifications.
A. General. Our Website displays itineraries for Tours you may reserve. Itineraries made available through the Website generally include an outline of the Tour destination, dates, activities, sites, accommodations, pricing (including a description of what is included and excluded in the applicable pricing), supplements, and other information pertinent to the applicable Tour. A final itinerary will be provided to you before the scheduled departure date for your Tour.
B. Modifications. We are committed to offering high quality travel experiences on our Tours. If improvements to itineraries can be made, or unforeseen circumstances beyond our control make changes necessary, at our sole discretion, we reserve the right to modify itineraries and to substitute elements of the Tour. These elements include, but are not limited to hotels, staff, speakers, experts, itinerary stops and activities in the itinerary. Every effort will be made to carry out the Tour as planned but alterations may still occur after the final itinerary has been sent to you.
5. Pricing.
A. General. The per participant price for a Tour is made available on our Website under the applicable itinerary. Please note that unless otherwise provided, advertised prices are based on double occupancy and there will be a surcharge if single occupancy is requested and can be accommodated. Additionally, we may provide you with certain supplemental or upgraded activities, accommodations, meals, or destinations in addition to those outlined in the applicable Tour itinerary. To the extent you elect any such supplement or upgrade, the price we may charge you for the Tour may increase.
B. Modifications. Although not expected, prices may be modified from those stated in an itinerary due to unexpected significant external factors not forecasted at the time of publishing. Essential History Expeditions reserves the right to impose surcharges up to 30 days before departure due to unfavorable exchange rate and increases charged by our agents and suppliers, or should government actions require us to do so. We may add a surcharge to the published or quoted price to compensate for these unforeseen increases however, if this means that you have to pay an increase of more than 10% of the price of your confirmed booking you will have the option of canceling within 3 days of the email notification of the surcharge and receive a full refund. If we do not receive a cancellation request via email within 3 days of the surcharge notification full cancellation penalties shall apply.
6. Reservations and Payments.
A. General. To reserve your place on a Tour, please use our secure online system on the Website. Submitting an online request does not guarantee space on a Tour. You will be notified by a us within two business days to confirm your reservation and place on the Tour.
B. Deposits. Unless otherwise stated or agreed upon by you and Essential History Expedition, a deposit of $1,000 per person is required to reserve a Tour. Any deposited funds will be credited against the total cost of the Tour.
C. Remaining Payments. Final payment for a Tour is due 90 days prior to departure, unless otherwise noted. All payments must be made by ACH, check or credit card. Other payment options may be available. We may, but are not required to, send a final invoice approximately 30 days prior to the due date of the full payment. If full payment is not received by the final payment due date, your place cannot be guaranteed on the Tour.
7. Cancellation and Refund Policy.
A. Cancellation by Participants: Following confirmation of a reservation, a participant’s withdrawal from the Tour for any reason, including, but not limited to, illness, injury, family engagements, work-related issues, or geopolitical concerns, etc., will be deemed a cancellation. Cancellations must be made in writing (an e-mail to info@historyexp.com is acceptable), and take effect when you receive an e-mail confirmation of your cancellation from Essential History Expeditions. Per person cancellation fees are based on the date written notice is received by Essential History Expeditions. Refunds will be made on the following basis:
• For any cancellation made 120 days before the Tour start date, we will refund all payments minus itemized sunk costs and a $150 per person administrative fee.
• For cancellations received between 120 and 90 days of the Tour start date, guests will be responsible for the forfeiture of the deposit.
• For cancellations received between 90 and 60 days of the Tour start date, guests will be responsible for 50 percent (50%) of the Tour cost to cover sunk costs.
• For cancellations received less than 60 days before of the Tour start date, guests will be responsible for the total Tour cost.
Notwithstanding the foregoing, we may be required to partner with local Tour companies in certain destinations (such as Greece and Turkey) (each, a “Local Partner”). In the event we are required to engage with a Local Partner in connection with providing a Tour, then all or a portion of the Tour may be subject to the Local Partner’s cancellation and refund policies, and such cancellation and refund policies may differ than those outlined in these Terms.
B. Cancellations by Essential History Expeditions (Pre-Departure). We reserve the right to cancel any Tour due to low enrollment, inability to operate the Tour or due to concerns about the safety, health or welfare of participants, or due to the health and wellness of our personnel. If a Tour is cancelled prior to departure, participants will receive a full refund of monies paid, except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Tour as planned, in which case the participants will receive a refund and/or travel credit equivalent to the amount paid by participant, minus any sunk costs.
C. Cancellation by Essential History Expeditions (In Progress). We reserve the right to cancel your participation in a Tour while it is in progress, and any and all Tour-related activities, in the event we reasonably believe you have violated our Guest Code of Conduct or any applicable law in a manner that has or is likely to adversely affect the health, safety, or welfare of other Tour participants, Local Tour Partners, or our employees, consultants, subcontractors, agents or other representatives. In the event your Tour is cancelled pursuant to this Section, you will not be entitled to a refund and may be asked to leave the Tour immediately, at your own cost.
Except for the refund or credit outlined above, we have no responsibility for any expenses, including any non-refundable air expenses, incurred by the participants related to a cancelled Tour.
D. Rollover in the Event of Cancellation. Notwithstanding anything to the contrary in Section 7.A. and 7.B. and subject to our approval and Tour schedule, you may apply any deposits or payments subject to a cancellation to a future Tour (whether the same of different as the cancelled Tour). In the event you rollover such deposits or payments to a future Tour pursuant to this Section 7.D., and there has been an increase the price or fees associated with such Tour, you may be responsible for the difference.
8. Travel Insurance. In today’s changing travel environment, it’s important to protect your travel investment so you can relax and enjoy your trip. Unforeseen events such as flight delays, baggage loss or even a sudden sickness or injury could impact your travel plans. For your convenience, we offer a Travelex Insurance Services protection plan to help protect you and your travel investment against the unexpected. For more information on the available plans click here or contact Travelex Insurance 800-228-9792 and reference location number 06-0263.
Get a Quote from Travelex Insurance Services
The product descriptions provided here are only brief summaries and may be changed without notice. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. Travelex Insurance Services, Inc CA Agency License #0D10209. Insurance coverages underwritten by Zurich American Insurance Company (NAIC #16535, state of domicile: New York), 1299 Zurich Way, Schaumburg, IL 60196. Coverages available to residents of U.S. States and the District of Columbia only. Certain coverages are not available in all states.
9. Photography and Video. We reserve the right to take photographs or videos (or audio) during the Tour for the educational and promotional purposes of Essential History Expeditions or authorized third parties. This content may be used for promotional or commercial use. By making a reservation on a Tour, the participant agrees to allow his/her likeness to be used by Essential History Expeditions or its authorized third parties without compensation to the participant. Participants who prefer that their voice and/or image not be used must notify us in writing prior to the beginning of the Tour. Copyright in all photographs, video, and related materials created by a participant (“Participant Content”) belongs to the participant upon creation. The participant grants to Essential History Expeditions a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use any Participant Content provided to Essential History Expeditions in any media for editorial, educational and/or promotional use by Essential History Expeditions.
10. Guest Code of Conduct. To help create the most enjoyable experience possible, and to help ensure the health, safety and welfare of our guests, we expect you and all other guests to comply with our Guest Code of Conduct located at https://www.historyexp.com/guest-code-of-conduct.
11. Assumption of Risk; Disclaimer and Limitation of Liability.
A. Assumption of Risk. While we do our best to prevent harm, we cannot in any way absolutely guarantee your safety. It is impossible to foresee everything that can possibly go wrong, especially situations that are unknown, unknowable, unanticipated and unforeseeable. Traveling, both abroad and even domestically, involves significant risks and hazards. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft, vessel and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in the Tour activities with the knowledge that there are potential risks involved and you hereby agree to accept any and all risks. Regardless just how great or unlikely the risks may be, you hereby agree to assume any and all hazards involved in traveling on a Tour. Furthermore, injuries, illnesses, losses and general inconveniences can occur anywhere, at any time. In some of the destinations we take Tour participants, there is no ready assistance and/or medical care. Neither Essential History Expeditions, nor any of its employees, consultants, subcontractors, agents or other representatives, are required to provide any such assistance. Please consider any medical issues you may be dealing with when considering booking a Tour and engaging in Tour-related activities.
B. Disclaimer. EXCEPT AS SET IN THIS AGREEMENT, THE TOURS AND ALL ASSOCIATED SERVICES PURCHASED THROUGH THE WEBSITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF ESSENTIAL HISTORY EXPEDITIONS (INCLUDING THROUGH ITS EMPLOYEES, CONSULTANTS, SUBCONTRACTORS, AGENTS AND OTHER REPRESENTATIVES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESSENTIAL HISTORY EXPEDITIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIAL HISTORY EXPEDITIONS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ESSENTIAL HISTORY EXPEDITIONS WILL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF AND IN ANY WAY CONNECTED WITH A TOUR, EVEN IF ESSENTIAL HISTORY EXPEDITIONS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES OR LOSSES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY OR (B) ANY AMOUNTS IN EXCESS OF THE PER PERSON AMOUNT FOR THE APPLICABLE TOUR GIVING RISE TO ANY DAMAGES.
D. Indemnification. You agree to fully indemnify, defend, and hold Essential History Expeditions and its affiliates and their respective directors, officers, employees, consultants, subcontractors, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly to indirectly out of or from: (a) your breach of these Terms; (b) your negligent or willful misconduct, and (c) your interaction with any other participant, Local Partner (including its affiliates, officers, employees, consultants, subcontractors, agents or other representatives), or any other third party you interact with or come in to contact with on a Tour, including any property damage, loss of life, or bodily injury caused by you. In connection with the foregoing indemnification obligations, (A) Essential History Expeditions has the right to approve controlling counsel, such approval not to be unreasonably withheld (and which approval may be withheld or withdrawn if there is a conflict of interest); (B) Essential History Expeditions may appoint its own non-controlling counsel, at its own expense; and (C) any settlement requiring Essential History Expeditions to admit liability, pay money, or take (or refrain from taking) any action, will require Essential History Expeditions’ prior written consent.
E. Force Majeure. Essential History Expeditions shall not be responsible for failure to perform any of its obligations under these Terms during any period in which such performance is prevented or delayed due to Force Majeure, or for changes to or termination of a Tour due to a Force Majeure. “Force Majeure” refers to an event beyond our reasonable control, including but not limited to, severe weather, explosion, riot, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, disease, virus, pandemic, contagious diseases, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of Essential History Expeditions. We reserve the right to cancel any Tour or associated services or activities described in an itinerary due to Force Majeure. Very rarely, you may be forced by Force Majeure to change or terminate your Tour after departure but before the scheduled end of your Tour. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation, or meet any costs or expenses you incur as a result. Thus, we strongly recommend that you obtain travel insurance.
12. Governing Law and Dispute Resolution.
A. Governing Law; Jurisdiction. These Terms have been made in and shall be construed and enforced in accordance with the laws of the State of Colorado applicable to agreements executed and wholly to be performed therein. Any action to enforce these Terms shall be brought in the federal or state courts located in the Boulder, Colorado, and each party (a) submits to the exclusive jurisdiction of these courts; (b) agrees not to commence any legal action under or in connection with the subject matter of these Terms in any other court or forum; and (c) waives any objection to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, WHETHER IT RESULTS IN PROCEEDINGS IN ANY COURT IN ANY JURISDICTION OR IN ARBITRATION, THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY, AND HAVING HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL, WAIVE ALL RIGHTS TO TRIAL BY JURY, AND AGREE THAT ANY AND ALL MATTERS SHALL BE DECIDED BY A JUDGE OR ARBITRATOR WITHOUT A JURY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
B. Binding Arbitration. Except as otherwise provided in these Terms, the following binding dispute resolution procedures shall be the exclusive means used by the parties to resolve all disputes, differences, controversies, and claims arising out of or relating to the Terms or any other aspect of the relationship between you and Essential History Expeditions, including our respective affiliates and subsidiaries (collectively, “Disputes”). Any and all Disputes shall be referred to arbitration under the rules and procedures of JAMS (“Administrator”), who shall act as the arbitration administrator. The parties shall agree on a single arbitrator (the “Arbitrator”). The Arbitrator shall be a retired judge selected by the parties from a roster of arbitrators provided by the Administrator. Unless otherwise mutually agreed to by the parties, the place of arbitration shall be Boulder, Colorado. The Federal Arbitration Act shall govern the arbitrability of all Disputes. The Federal Rules of Civil Procedure and the Federal Rules of Evidence (the “Federal Rules”), to the extent not inconsistent with these Terms, govern the conduct of the arbitration. The parties may engage in discovery, the extent of which shall be agreed upon by the parties or determined by the Arbitrator if the parties cannot agree. Any judicial proceeding arising out of or relating to these Terms or the relationship of the parties to review or confirm the award shall be brought exclusively in a court of competent jurisdiction in the Boulder, Colorado. Each party shall pay their own expenses in connection with the resolution of Disputes pursuant to this Section, including attorneys’ fees. In the event of any lawsuit between the parties arising out of or related to these Terms, the parties agree to prepare and to timely file in the applicable court a mutual consent to waive any statutory or other requirements for a trial by jury.
C. Exceptions to Arbitration. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Notwithstanding the foregoing, you may bring a claim against Essential History Expeditions in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
D. Class Action Waiver. You and Essential History Expeditions agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Essential History Expeditions both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Essential History Expeditions agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
E. Time to Bring Claims. You agree that any claim or cause of action under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Essential History Expeditions and you arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
13. Privacy. Your privacy is important to us. Please read the Privacy Policy located at https://www.historyexp.com/privacy-policy (the “Privacy Policy”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data.
14. Miscellaneous.
A. Survival. Sections 6, 7, 9, 10, 11, 12, 13 and 14, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Platform.
B. Severability. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
C. Entire Agreement. These Terms, the Privacy Policy and Guest Code of Conduct together constitute the entire agreement between you and Essential History Expeditions regarding your booking of and participation in a Tour and supersede any prior understandings or agreements with respect to the same subject matter between you and Essential History Expeditions (written or oral).
D. Waiver. Essential History Expeditions’ failure or delay to enforce any rights or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.
E. Errors, Inaccuracies and Omissions. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to a Tour description, itineraries, pricing, promotions, offers, services and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is deemed inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law.
F. Amendments. We reserve the right to update and amend these Terms. All amended Terms shall automatically be effective upon being posted on the Website. Accordingly, all are expected to check the content on the Website, and the Terms, prior to booking and prior to travel in order to ensure they are aware of any changes.
G. Contact. Feel free to contact us by emailing us at info@historyexp.com with any questions about these Terms.
