ComplaintsforNatural Habitat Adventures

• Initial Complaint

  04/20/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Tour March ****, 2023 accommodation basis willing to share. Assigned roommate, ********************************************************. March 11 ******* informs me she is COVID POSITIVE and knew on March 10 but remained silent continued sharing accommodation. I immediately masked, told her she must immediately inform the Expedition Leader (******), we will no longer be roommates, and went outside. Later Expedition Leader to cabin to inform us we both need a Rapid Test. I state the other 8 group members as well as the guides need to be tested as well. Immediate response is NO, NHA said to test only ******* and myself. ******* (still not wearing a mask)and I test positive; immediately removed from tour. ***** communications with Expedition Leader revealed she had approached ******* earlier in the tour with concerns she might have COVID BUT DID NOT ACT ON THOSE CONCERNS. She in essence violated her duty to ensure a healthy environment. Result, additional expense to rearrange my international flight home, and my health was now in danger (heighten given I have asthma). Contact with NHA to receive a possible refund as my positive test is the result of actions taken by my roommate without resolution. ***** communication directly with ***********************, President **** without resolution. I have requested (1) medical report, (2) 1st Party (i.e. Expedition Leader) incident report, (3) refund. *** has refused on all three. Incident report NHA provided is a 3rd party incidence report from Sticky Rice Travel, only involvement the arrangement of flights on March 11 (the report has errors NHA has refused to correct). *** offered a small credit with condition it apply towards another trip with **** Rejected: it would require me to spend another 10K plus to receive the credit, and I have zero interest travelling with NHA again,

  

  Business response

  04/21/2023

  Dear ****,

  For reference, we have attached the message thread and explanations between *************************** (******* President) and ******************************* to this email (PDF titled RE: Your Borneo Trip). We have also attached the message thread and explanations between ********************** (******* Incident Manager) and ******************************* to this email (PDF titled Incident of March 11, 2023). You have already attached the report filed by our partners in Borneo, Sticky Rice. These attachments are to provide a history of communication and context to the situation.
  
  The quote you reference from our website follows the question Will we get a refund if the trip doesnt run? What will be our options? as you will see on this webpage. The statement refers to Natural Habitat Adventures (*******) being forced to cancel an entire departure not ******* removing a guest from a trip. ******* has needed to invoke this in the past when countries closed their borders due to COVID, for example, so we were forced to cancel a departure. In your case,however, your adventure was not canceled. You were removed from the trip due to a positive COVID case, as outlined in our Guest Trip Agreement, among other materials.
  
  As for an incident/medical report, we do not require our guides to submit an incident report for every COVID case in the field. Our third-party operators, however, did submit a report, which you have already attached in your original complaint. As mentioned previously, we are not withholding any sort of medical report from you from your Expedition Leader.That report does not exist.
  
  We have attached the Terms and Conditions document that you signed in October 2022, in which you agreed to Natural Habitat AdventuresGuest Trip Agreement (also attached). In this agreement, it is stated:
  
  14. COVID-19 and Other Contagion
  Guest understands and acknowledges that there is a risk of being exposed to bacteria, pathogens, viruses and other contagion, including COVID-19, and of contracting an illness or disease, including COVID-19, as a result of exposure to other individuals and/or surfaces despite vaccination, screening,testing and/or other steps that *** be taken by ***, Trip operator or contractor, government authorities and/or Guest in response to these risks.Guest hereby waives and releases the Released Persons from any and all claims,demands, and damages arising from or relating to any exposure to any bacteria,pathogen, or virus, including, but not limited to, the coronavirus, and/or the contraction of any illness or disease as a result of any such exposure,including, but not limited to, COVID-19, by Guest or any other person,including claims and damages due or allegedly due to inaccurate test results (including possible false negative results) and/or the negligence of any Released Person or Guest.
  
  Guest understands and acknowledges that they *** be required by ***, government authorities, local suppliers, or other entities to undergo screening and preventative measures, including, but not limited to, COVID-19 vaccination and testing, and/or sign additional forms before and/or during the Trip in order to join and/or continue on the Trip. ***** agrees to obey all rules and regulations related to COVID-19 set forth by ***, the Expedition Leader(s), Local Guides(s), other representatives of ***, government authorities, or local suppliers. *** reserves the right, in its sole discretion, to prohibit any Guest from joining or continuing on a Trip if, in its opinion, Guests health, behavior, or actions pose or could pose a threat to their health or safety, or the health or safety of other Guests or staff.Should a Guest not be permitted to join a Trip or be asked to leave a Trip in progress, (i) Guest shall not receive a refund for any portion of the Trip price, used or unused, beyond that which is listed in the *** cancellation policy, and (ii) *** shall not be responsible for any additional expenses incurred by Guest as a result of their dismissal. Additionally, *** shall not be responsible for any expenses incurred by Guest as a result of any required or recommended treatment for suspected or confirmed COVID-19 cases including,but not limited to, transportation, accommodation or medical expenses.
  
  In the event Guest tests positive for COVID-19 before,during, or up to 14 days after the conclusion of the Trip, Guest shall immediately notify ***. Upon ***s receipt of notification of a Guests positive COVID-19 test, *** shall notify all other Guests, staff, and other persons who *** have come into contact with the Guest of the incidence of a positive COVID-19 result. *** shall not disclose the identity of any Guest who tests positive for COVID-19 and shall protect Guests personally identifiable information in accordance with ***s privacy policy.
  
  Guest hereby agrees that there is no warranty, whether express or implied, as to the fitness or the condition of any lodging facility,any mode of transportation, tour operator, outfitter, guide, safari operator,equipment supplier, or with respect to the condition of any person, or of any food, drink, medicine, medical test or equipment, or provision encountered, supplied or utilized during or in connection with the Trip. ALL WARRANTIES INCLUDING WARRANTY OF FITNESS FOR USE AND OF MERCHANTABILITY ARE EXPRESSLY EXCLUDED. *** SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
  
  Guest acknowledges that *** is not an insurer of their safety during the Trip, including, but not limited to, during the Trip, pre- or post-Trip travel and check-ins, or any excursions or activities.
  
  While we understand that you *** not want the $4,000 future travel credit that we offered, its our hope that were meeting you at a middle ground. That offer, which is not written in any of ******** policies, is meant as a special exemption due to your frustration with the situation.
  
  We are happy to discuss this situation further, if merited.
  
  Sincerely,
  ****

  Customer response

  04/21/2023

   
  Complaint: 19961959
  
  I am rejecting this response because:
  
  Sincerely,
  
  ***************************

  Customer response

  04/24/2023

  It would appear reasons for rejection of offer did not go through on my reply ... my apologies, please find reasons below:
  
  (1) You removed me from the tour on the basis of medical reasoning; this requires a medical report to verify the removal was necessary.  Stating that you do not have said report is not justification for removal as alternative options to address the situation may have been feasible.
  (2) A third party incidence report is not acceptable.  It is reasonable to expect the incident report to have been filed by the Expedition Leader who initiated the removal.  Your claim you do not require such a report raised serious question as to what do you not want on record.
  (3) The refund is an option you provide as per the document I attached and your self serving interpretation is not acceptable.
  (4) I have no interest in travelling with NHA again so a travel credit with the condition I must travel with NHA a second time only benefits NHA.
  

  
  

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