In this contract the following words shall have the corresponding meanings unless the context otherwise indicates.
The Company, We, Us, Our, Pristine Trails: Pristine Trails, Inc.
The Client, You: the person who accepts the booking by any form of payment and all persons accepted for a trip booking.
Persons under Client’s authority: all persons accepted for a trip booking on the application of a Client.
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, waivers, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.
The Client who makes a booking does so on behalf of Client and persons under Client’s authority, and warrants that Client has authority to enter into a contract on behalf of the other persons included in such a booking and in event of the failure of any or all the other persons so included to make payment, the person making the booking shall by Client’s payment assume personal liability for the total price of all bookings made by Client. The Client is responsible for sharing these Terms and Conditions with all members of the booking. We will not be liable for your failure to share these Terms with all members in your booking. All bookings are made with Pristine Trails and no person has any authority on its behalf to vary any of the Terms and Conditions which are applicable.
Violations by You
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
Company reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes.
RESERVATIONS AND PAYMENTS
If your booking is made more than 90 days from the start of your tour, a deposit of 30% for each Client is required to confirm the booking. The booking fee is accepted as part of the inclusive fare. Half of each Client’s deposit (equal to 15% of the total booking price) is non-refundable.
The full amount due by the Client to the Company shall be payable not less than 90 days prior to the trip commencement.
If your booking is made within 90 days of the start of your tour, the full balance is due by the Client to the Company at the time of booking.
The proof of travel and medical evacuation insurance is also due 90 days before the start of the tour. If the full amount, and/or proof of insurance is not received in due time, the Company reserves the right to treat the booking as cancelled by you and the cancellation charges set out below will apply. Late applicants however may join the tour on an “accommodation available” basis.
Pristine Trails bookings do not include international airfare. Your contract for airfare is with the carrier and subject to its terms and the Company will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Payments on Arrival
For certain add-on services or purchases related to your tour, you may have the option to pay on arrival. This may include equipment rentals, accommodation upgrades, purchases of food and beverages, or any other upgrades or purchases required or desirable by you to participate in your tour. For any such payments, please note that it is your responsibility to ensure that you bring a locally acceptable means of payment. In most cases, this is cash in US Dollars. Credit card payments may be accepted in certain instances, with a processing fee.
While Pristine Trails does not assist with air reservations, the Company brings to your attention the importance of accuracy. Names provided to secure reservations must match Clients’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Clients voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
Price and Rate Changes
The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices advertised by Pristine Trails are accurate at the date published, but the Company reserves the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, the Company will provide you with an invoice reflecting the current price.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Currency and Currency Fluctuation
The prices of all tours with Pristine Trails are listed in US Dollars, which is also the required currency of payment.
In order to keep our tour rates as low as possible, we do not build into the price an allowance to cover possible increases from currency fluctuations. Therefore, as currencies do fluctuate constantly around the world, it may be necessary for us to raise the tour cost, at any time before final payment, if there are exceptional cost increases beyond our control. An increase in the tour price shall not be sufficient grounds for any refund of fees already paid for the tour.
Credit Card Bookings
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, Clients must provide to us a click or signed authorization for every transaction for your tour. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Company or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
WHAT IS INCLUDED IN YOUR TOUR
Accommodations: Accommodations are provided as detailed in your itinerary. Special requests must be made at the time of booking. While the Company will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the Client making the request.
Clients should be aware that accommodation standards and facilities are often different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
The Company reserves the right, if necessary, to substitute other similar accommodations for accommodations listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for accommodation over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Company’s sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, Client should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Company does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transfers Upon Arrival and Departure: Company is pleased to offer transfers in accordance with your individual itinerary for arrival and departure only. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Meals: Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, Company and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the suppliers of your request, but we cannot guarantee their availability. Alcohol and soft drinks are only included in certain cases and will be indicated at the time of booking.
Sightseeing: Sightseeing tours, treks, safaris, and activities are included as provided in the individual itineraries. These tours and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
Domestic Airfare: Domestic airfare as provided in your individual itinerary. Please note that at all times the terms and conditions of the air carrier and NOT Company apply to all air travel.
National Park Fees, Concession Fees and Taxes: All national park fees, concession fees and taxes are included.
Guides and Vehicles: For safari trips, a private safari vehicle with unlimited mileage and an English speaking, licensed guide/driver will be provided. For trekking trips, licensed guides, cooks and porters will at your service, as well as park rangers as required.
Trek Gear and Safety Equipment: All trekking trips are inclusive of a set of gear and safety equipment as indicated in your itinerary and invoice.
WHAT IS NOT INCLUDED IN YOUR TOUR
Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to items such as international airfare, checked and/or excess baggage; additional transfers, passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; alcoholic beverages and meals not detailed in the itinerary; optional experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the tour, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
Cancellations are only effective on receipt of written notification, the date of which will be used to verify the date of cancellation.
Company is required to pay all suppliers well in advance of your tour date. This includes but is not limited to accommodations, meals, safari, guides, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of written cancellation notification, Company will notify suppliers of cancellation and request any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Company. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition to the supplier’s terms, the refund policy outlining the cancellation fee payable by the Client to the Company is as follows:
Cancellation more than 90 days from your tour start date: 15% of total trip price
Cancellation 89-61 days from your tour start date: 50% of total trip price
Cancellation 60 days or less from your tour start date: 100% of total price
Any refunds due to the Client by the Company will be less any transaction fees that were incurred by the Client when the payment was made.
If a Client alters a trip or any part of a trip already in progress, any additional expenses due to the alterations are the responsibility of the Client. This includes, but is not limited to, changes in accommodation, meals, flights, activities or services.
Any additional transport, accommodation and meal charges necessitated and incurred by a Client who does not complete a planned itinerary due to illness, injury, personal choice or other factors not otherwise impacting the whole expedition are the responsibility of the Client. This policy applies as well to Clients trekking Mount Kilimanjaro and Mount Meru who descend early due to illness, injury or personal choice.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Should you fail to join a tour or join it after departure or leave it prior to its completion, no tour fare refund will be made. There will be no refunds from Company for any unused portions of the tour.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges. For this reason, we require the purchase of a travel protection plan including additional cancel for any reason coverage where available.
Comprehensive travel and medical insurance is compulsory for Clients booking with Pristine Trails. The Client acknowledges that it is Client’s responsibility to purchase insurance. The Client undertakes to purchase comprehensive travel insurance to cover Client’s personal requirements. This insurance should include cover in the respect of, but not limited to, the following eventualities: cancellation and curtailment of the trip and services booked, emergency evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of personal baggage, money and goods. For all Clients climbing Mt. Kilimanjaro, the policy is required to cover hiking/trekking up to 6000 meters. We also strongly recommend the purchase of additional cancel for any reason coverage where available.
Pristine Trails is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Pristine Trails cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Pristine Trails, including their representatives, employees and agents will take no responsibility for any costs, losses incurred or suffered by the Client, or the Client’s dependents or traveling companions, with regards to, but not limited to, any of the above-mentioned eventualities. The Client will be charged directly by the relevant service providers for any emergency services he may require. Please note that travel insurance provided by credit card companies may not be adequate for a tour with Pristine Trails.
CHANGE OF BOOKING
After the booking has been confirmed, should the Client change to an earlier/later departure date, Client may do so subject to availability. The only fees, penalties, and time restrictions are those imposed by the applicable suppliers such as hotels and domestic flights and not under our control. The Company will do its best to eliminate and reduce penalties. It all depends on the circumstances surrounding the modification. The Company will however, always check how much a modification will cost, if anything, and inform the Client prior to making the change.
CHANGES TO SCHEDULES
The Client is aware that the itineraries are flexible and will depend on local conditions. The Company will not accept any claims of any nature including consequential damages as a result of any accommodation or other facilities, made or becoming unavailable on tour. The Client hereby indemnifies and holds the Company harmless in respect of any such claim.
CANCELLATION OR CHANGES BY THE COMPANY
The Company reserves the right to cancel any tours without prior notification and in such events, excepting in the case of a Force Majeure occurrence, all monies paid will be refunded in full which shall constitute the full extent of the Company liability to the Client and persons under his authority. Client is responsible for any additional costs for air tickets or other travel arrangements not made by Company.
COVID-19 RELEASE OF LIABILITY
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Pristine Trails.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. You are responsible for understanding these requirements and must not rely on Pristine Trails to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID-19, Company requires purchase of travel protection coverage and Medical Evacuation Coverage, and that should you fail to purchase travel protection coverage and medical evacuation coverage, Company shall cancel your booking and all cancellation fees as described below will apply. Company shall not be liable for any travel protection coverage that fails to cover COVID-19 related injury and damages.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Pristine Trails, Inc., its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Company assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Company that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Company. The non-refundable portion of your deposit represents our time and effort to plan the tour and remains non-refundable.
All baggage and personal effects are at all times the Client’s risk and the Company cannot accept liability for any loss of baggage or personal effects.
Travel to certain destinations may involve risk, and it is up to you to determine the level of risk you are comfortable taking. Company urges Client to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Company will not be liable for damages or losses that result from travel to such destinations.
The Client acknowledges that it is Client’s responsibility to ensure that Client is in possession of the necessary valid travel documents, passports, visas, vaccination certificates, etc. Company strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your tour. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
The Client acknowledges that the Company will not be held liable to a refund of the tour fare or compensation should the Client be refused entry into the country for any reason.
Pristine Trails, Inc. and its members, owners, employees, agents, and representatives (Company) use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Company is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Company does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors, and are not agents or employees or representatives of Company. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all Clients agree that neither Company, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any Client or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Company. Company assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any Client that may result from any act or omission on the part of others; Company assumes no responsibility or liability for personal property. Company reserves the right to refuse any Client or potential Client at its sole discretion.
ASSUMPTION OF RISK
The Client acknowledges that the services arranged by the Company, whether in civilized or remote areas by plane, vehicle, train, dugout canoe, canoe, boat, horseback, other conveyance or by foot, contains inherent risks of injury, illness, death, or loss and damage to property, beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, and are reasons for Client’s voluntary participation. Therefore, Client acknowledges that Client aware of the inherent hazards and risks associated with participating in a Pristine Trails, Inc. (Company) tour, including those associated with safaris.
Inherent hazards and risks include, but are not limited to, risk of injury or death from: collisions involving motor vehicles, animals and/or pedestrians, roadway hazards, including uneven surfaces, narrow roadways, off road hazards including pot holes, standing water, bumps and other unpredictable roadway hazards and conditions; attack by or encounter with wild animals, insects, reptiles, and/or other wildlife; slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; possible equipment failure and/or malfunction of my own or other’s equipment; exposure to the elements, including heat, cold, sun, water, and wind; my own negligence and/or the negligence of others, including tour guides, other guests, Company employees, agents and/or representatives; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness, which may diminish my own reaction time and increase the risk of accident; known or unknown medical conditions, physical exertion for which I am not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of Company or suppliers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Wild Animals: Please be aware that these trips may take you into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. Neither the Company, nor their employees, nor agents can be held responsible for any injury or incident on the safari. Please note that the campsites within national parks are all unfenced and animals do amble through the camps, at any time.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. Client agrees to be responsible for Client’s own wellbeing and negligence. Client freely and voluntarily assumes complete personal responsibility for these risks and for the injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed. The Client acknowledges that such risks may be present at any time before, during or after the tour arranged by the Company.
As partial consideration for my participation in the trip and for Company’s undertakings, Client on your own behalf and on behalf of any minors traveling with Client hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, Pristine Trails, Inc., its employees, tour guides, subcontractors, members, owners, subsidiaries, affiliates, successors, agents, and assigns (collectively Company). Client agrees that this release shall be legally binding upon Client personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Company from any and all liabilities to the maximum extent permitted by law.
The Client agrees not to allege the unenforceability of this Agreement or part thereof. In the event of any competent authority finding that any portion of this Agreement is unenforceable, the remaining portion shall remain in full force and effect. The Client agrees that the foregoing obligation shall be binding.
Client agrees to and shall indemnify and hold harmless Pristine Trails, Inc., and its members, owners, employees, agents, and representatives (collectively “Company”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Company (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by Client while participating in the tour.
MEDICAL INFORMATION/LIABILITY RELEASE
Participation on a tour requires that you be in generally good health. All Clients must understand that while a high level of fitness is not required for every tour, a measure of physical activity is involved in some tours.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Company will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the Client requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to Clients with limited mobility and all such assistance will need to be provided by whoever the Client is traveling with. Clients with disabilities must notify Company at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
Anti- malaria precautions should be taken, and these are the sole responsibility of the Client.
Client certifies that Client does not knowingly have any physical or other conditions of disability that would create a risk for Client or other tour participants.
GOVERNING LAW/JURISDICTION/CLASS ACTION WAIVER/NOTICE OF CLAIM
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against Company in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Company shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Company unless you have first provided a typewritten notice of claim to Company within 30 days after the tour or cancellation of the tour.
ENTIRE AGREEMENT & SEVERABILITY
This agreement, including the booking form, waivers and the terms and conditions of our suppliers, and any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CALIFORNIA RESIDENTS ONLY:
Upon cancellation of the transportation or travel services, where the Client is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Client, all sums paid to for services not provided will be promptly paid to the Client, unless the Client advises in writing, after cancellation. This provision does not apply where Company has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Company will provide the Client with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
California Travel Restitution Fund
If your transaction is with Company, and you are a resident of California the transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if Company was registered and participating in the TCRF at the time of sale and the Client is located in California at the time of payment. Eligible Clients may file a claim with TCRF if the Client is owed a refund of more than $50 for transportation or travel services which Company failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one Client is the total amount paid on behalf of the Client to Company not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to:
Travel Consumer Restitution Corporation; P.O. Box 6001;
Larkspur, CA 94977-6001;
or by visiting TCRC’s website at:
The TCRF does not cover any Clients purchasing a Company Tour from outside of the state of California.
California Seller of Travel
California Registered Seller of Travel #2149834-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.