Travelous' Terms and Conditions of Sale
The following terms and conditions (referred to herein as these "Terms and Conditions" or this "Agreement") apply to all Tours, travel, and travel related Services offered for sale by Travelous Corp. DBA Travelous, and/or its officers, directors, employees, representatives, affiliates, agents, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as "Travelous", "we," or "us"). Travelous is located at: 2850 W. Horizon Ridge Parkway, Suite 200, Henderson, Nevada 89052.
The terms "Service" or "Services" as used in this Agreement encompass: arranging customized private and group guided travel tours, travel planning, booking, and consultation, internal airfare, passage on cruises, charters, river boats, ferries, and other water vessels, ground transportation, trains, busses, car rentals, human or animal powered conveyances, hotel rooms, resorts, vacation rental properties, or other lodgings, leisure, sporting, or adventure activities, equipment rentals, expeditions, day excursions, and any other travel or travel related products offered, sold, or provided by Travelous. The term "Tour" is defined as any package of Services offered or sold by us. "Supplier" or "Vendor" refers to any provider of the Services we offer. An "Itinerary" refers to the particularized schedule for a Tour. References herein to "Traveler," "you," or "your" shall apply to each and any of the following: a party participating in an offered Tour and/or the party who purchases, or attempts to purchase, a Tour for themselves and/or others, including their Parent or Legal Guardian who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf.
All bookings of Tours are also subject to the Terms and Conditions of the supplier of the Service incorporated into a Travelous Tour. By placing an order with Travelous, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier's Terms and Conditions are ever in conflict with the Terms and Conditions of Travelous, Travelous' will control all issues relating to the liabilities and responsibilities of Travelous.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by checking the "I have read and agreed to the Terms & Conditions" box on the bottom of our secure online travel booking form and submitting the form electronically to us.
When Traveler is purchasing a Tour for one or more Travelers besides themselves, checking the "I have read and agreed to the Terms & Conditions" box verifies that Traveler: (1) has informed all other Travelers in their group of these Terms and Conditions and supplied all other Travelers a copy of the same; (2) has full authority on behalf of all the persons whose names appear thereon to accept the Terms & Conditions on their behalf, including for Travelers who are not of legal age to accept these Terms and Conditions on their own behalf; (3) agrees to be responsible for any error in the accuracy of information provided by those Travelers; and (4) warrants that the other Traveler(s) in their Group, after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein. Without this express acceptance, the processing of an order (or inquiry) submitted by you is not technically possible. Therefore, by placing an order with Travelous, you (and all Travelers in your Group, if applicable) agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
TABLE OF CONTENTS
2. Modification of Our Terms and Conditions
5. Reservations/booking and Deposits
6. Cancellations and Alterations Policies
7. Issuing Travel Documents
8. Passports, Visas, and Health Requirements
9. Special Rules Relating to Minors
10. Travelers with Special Needs or Disabilities
14. Local Customs, Laws, and Travel Risks
15. Legal Compliance and Proper Conduct
16. Marketing Materials and Illustrative Photos
17. Limitation of Liability
18. Disclaimer of Warranties
19. Indemnification and Release
20. Force Majeure
21. Air Transport
23. Activities Offered During your Tour: Sports, Safaris, etc.
24. Use of Information
25. Representations and Warranties
26. Medical and Physical Condition, Medical Emergencies, Assumption of Risk
27. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
28. Attorney's Fees, Costs, and Expenses of Suit
30. Severability and Survivability
31. Entire Agreement, Waiver, Etc.
1. Eligibility. The Services offered by Travelous are available for purchase by residents of the United States (excluding Hawaii) while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform their obligations under these Terms and Conditions. The Lead Passenger (the Traveler who submits a Tour reservation) must be over the ageof 18 to purchase a Travelous Tour.
2. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Tours booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you placed an order with Travelous or reviewed our Terms and Conditions.
3. Prices. Our prices are contractual tariffs. No claim by Travelers relating to the price of a Tour will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates and the price of fuel, Services and labor sometimes increase the cost of Tour arrangements significantly. Travelous reserves the right to alter prices or introduce surcharges accordingly, even if payment has been received in full.
Unless otherwise stated in the description of the offer, the following amounts will NOT be included as part of one of our Tour's advertised price (if applicable):
- airfare to/from the Tour start point, including domestic or inter-country connecting flights
- items of a personal nature such as incidentals, excess baggage charges
- airport taxes/entrance fees, port charges, foreign government departure taxes
- costs of Passports or Visas
- inspection, customs, immigration and naturalization fees
- additional fuel surcharges on cruises
- travel insurance including health, accidents, lost baggage and Tour cancellation
- optional activities (golf, motorized watersports, kids pools with waterslides, etc.)
- any other activities or items not explicitly advertised as included in the price of a Tour in the description of the offered Tour
4. Payments. Travelous accepts payments by:
a) credit cards including Discover, American Express, Visa and MasterCard. 2.5% cc fee to be added at the time of payment to the total trip cost unless paying by wire transfer.
b) wire transfer
5. Reservations/Booking and Deposits. To book a Tour, each Traveler (or leader of a Group of Travelers) submit:
a) A completed booking form signed electronically by the main Traveler. By submitting the booking form the traveler accepts our Terms and Conditions.
b) A deposit of 30% of the Tour price (minimum $250* per person), is due immediately on booking.
c) The full balance of the trip cost is due ninety days (90) before the trip departure date.
d) If you book your trip with us ninety days (90 days) or less before the departure date, the full cost of the trip is due at that time.
e) Upon the receipt of your final payment, Travelous will send all your travel documents 30 days prior to trip departure, or as soon as possible if booked within 30 days.
f) Availability of Services and Accommodations cannot be guaranteed until a Tour is booked. We will exercise our best efforts to book the Services and Accommodations described in the Tour itinerary, however, in busy seasons and with client bookings made within 90 days of Tour date, we may be forced to offer substitutes. In this instance we will notify you as soon as possible and try to substitute comparable Services and Accommodations as available.
g) Ticketing & credit card processing for international transport and other select domestic airfare pertaining to a specific country is done by a 3rd party and not included in your total land package price unless otherwise stated.
6. Cancellations and Alterations Policies.
a) Cancellations attributable to Traveler
At the time we receive written notice from Traveler that you wish to cancel your Tour, the following fees will apply (all dates are from the departure date). Please note that a no show passenger forfeits all deposits and payments made to Travelous.
|Date of Cancellation Charge||Charge|
|90 or more days prior to departure||Receive a refund minus: a $250* (per person) administrative fee, and any non-refundable fees submitted and/or required by our Suppliers (e.g. non-refundable airfare, cruise or hotel deposits, etc.)*|
|60-89 days prior to departure||Receive a refund minus: a 30% of Tour program price administrative fee, and any non-refundable Supplier fees.*|
|30-59 days prior to departure||Receive a refund minus: 50% of Tour program price, and any non-refundable Service fees.*|
|0-29 days prior to departure||100% of the Tour program price|
*Most Suppliers have their own policies in regards to cancellation or alterations and Travelers should review those policies prior to purchase. Any cancellation or alteration of your booking may result in these costs that will be billed by our Suppliers in addition to our Administrative Fees (as described above.) The cancellation penalties on payments will be determined by these individual Suppliers and vendors and will be assessed in addition to Travelous' policies.
*NOTE: Certain destinations require a 30% non-refundable deposit at the time of booking and therefore, would supersede our standard cancellation policy prior to 90 days in this instance. Countries Include: Ecuador, Egypt, Greece, Iceland, Ireland, Israel, Morocco, Scotland.
After the date of departure, no refunds will be provided for cancelled, changed, or modified travel, accommodations, or services, regardless of the reason given for said cancellation, change or modification.
Important: All tickets for air travel are non-refundable unless specifically described otherwise. Any alteration, transfer, or cancellation relating to airfare, or Tours (flight + other Services) which affect the booked flight(s), will involve charges up to the price of the air tickets bought including, without limitation, all fees, taxes, and charges. If you are allowed to change your flight, the penalties may be significantly higher due to availability and fares at the time of change and/or additional fees that may be charged by the air carrier.
The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to Travelous. Any interrupted or shortened stay, or any Service not actually used by you, for whatever reason (in particular in the event that you fail to arrive in time to enjoy the Services) does not entitle you to a refund.
b) Administrative Fees for Alterations Attributable to Traveler
Any changes requested by Travelers after the Tour has been confirmed, booked, fully paid and all the travel documents and vouchers have been sent by Travelous to the Traveler, will be subject to a rebooking fee of USD $100 per change, if the change is possible. Any change to the original Itinerary must be submitted to Travelous in writing, is subject to availability, and could alter the price of the entire Tour. This policy also applies to any available changes made or requested by Traveler while en route.
c) Cancellations and Alterations attributable to Travelous.
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable Services. In the event of complete cancellation by us, our only liability will be limited to a refund of all monies paid. Travelous is not responsible for additional expenses incurred by Travelers in preparation or anticipation of their Tour (i.e. medical expenses, insurance charges, international airfare, etc.).
d) California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Traveler 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 Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel 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, the seller of travel must provide the Traveler 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.
7. Issuing Travel Documents. 30 days prior to your departure date: a final Tour itinerary, destination guide, country info, and vouchers for cruise or domestic air if applicable, will be available for electronic download by you.
8. Passports, Visas, and Health Requirements. It is Traveler's responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Tour.
Most international Tours require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/travel/en.html or directly from the destination country's website.
Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames, middle names and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Travelous from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/content/travel/en.html , or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/ .
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
9. Special Rules Relating to Minors.
a) International Travel by Minors.
Laws require that children under 18 years traveling international without one or both parents must have a notarized letter from the non-accompanying parent or parents stating that they have given consent for the child to leave the country. If one parent is deceased, a copy of the death certificate is necessary. If a child under the age of 18 years on the day of departure is traveling with a parent whose last name differs from the last name of the child, proof of parentage will be required. Parent's name change must be documented.
b) Unaccompanied Minors.
For some out of country destinations, Travelers who have not reached the age of 18 on the day of departure will be denied boarding if not accompanied by an adult. Please contact the consulate of the country you are going to visit for more info. Some hotels require Travelers to be not less then 21 years old to check-in.
10. Travelers with Special Needs or Disabilities. In certain select destinations Travelous provides accessible tourism for those travelers with special needs, disabilities, or with mobility issues. You must consult with us directly prior to booking for any specific requests and we will do our best to facilitate you when possible.
11. Insurance. Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and payments for both air and Tour costs. Purchasing Trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. Travelous strongly recommends the immediate purchase of Trip cancellation insurance including emergency medical evacuation.
Travelous offers insurance, available for an extra charge, for purchase through a third party supplier. Separate terms and conditions apply. It is Traveler's responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler's sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that Travelous is not responsible for any uninsured losses.
12. Accommodations. "Accommodations" are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, camp grounds, motels, and resorts. Travelous provides the accommodations for its Trips through third-party Vendors and retains no ownership or management interest in those Accommodations. Travelous does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Accommodations and living standards may vary from country to country, especially in some of the remote locations on Travelous' Itineraries. Travelous makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the participant.
Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees for each trip.
13. Notices. Any notices required or permitted hereunder shall be given:
a) If to Travelous, via certified mail, return receipt requested, to the address listed above. Notice may also be sent via email to: customerservice@Travelous.com
b) If to Traveler, at the email or physical address provided by Traveler during the registration process.
c) Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
14. Local Customs, Laws, and Travel Risks. Most Travelers will be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold Travelous harmless for any such problems experienced while participating in their Tour.
All Travelers must obey the local laws and regulations of the countries they visit on their Tour. Travelous is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Traveler's failure to obey any local, provincial or federal laws.
Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. Travelous does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
15. Legal Compliance and Proper Conduct. Traveler understands that their participation in a Tour may be terminated if Traveler is disciplined by any civil or criminal authorities, Accommodation or conveyance Supplier, cruise, riverboat, or charter operator, or if Travelous, in its sole discretion, determines that Traveler's conduct is incompatible with the interests, safety or welfare of other Travelers or Service providers/Vendors, their employees, or independent contractors. In this event, Traveler is responsible for arranging and paying for substitute travel and Accommodations.
16. Marketing Materials and Illustrative Photos. Travelous endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services offered. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. The images are binding on Travelous only to the extent that they illustrate the type or standard of such Services, and are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Tour. The images of the Services on Travelous.com, and its other marketing materials, are drawn from the individual Service websites and Travelous cannot confirm the veracity of the pictures or current status of the properties.
17. Limitation of Liability. IN NO EVENT SHALL TRAVELOUS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF TRAVELOUS HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL TRAVELOUS' TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO TRAVELOUS UNDER THIS AGREEMENT.
TRAVELOUS IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF SERVICES, CONVEYANCES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ANY AND ALL SUPPLIERS OF SERVICES, CONVEYANCES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY TRAVELOUS ARE THIRD PARTY VENDORS AND TRAVELOUS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVELOUS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF TRAVELOUS HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
18. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY TRAVELOUS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELOUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH TRAVELOUS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
19. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases Travelous from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler's participation in a Tour, whether caused by the negligent or reckless conduct of Traveler, a Service Provider, a provider of Accommodations, another third party, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless Travelous from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against Travelous regarding, resulting, or arising from Traveler's participation in a Tour or Traveler's performance of this Agreement.
20. Force Majeure. Travelous shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. "Force Majeure" refers to any event beyond Travelous' reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, 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 Travelous or deemed by Travelous to constitute a danger to the safety and well-being of Travelers. Travelous reserves the right to cancel any Services described in a Tour Itinerary due to Force Majeure.
21. Air Transport. All reservations for air travel are booked through independent third parties. Travelous will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. Each Traveler's final tour itinerary will have detailed tour information, and it is up to each Traveler to ensure the correct arrival and departure flight information pertinent to your flights. Air travel is controlled by the relevant airline's Contract of Carriage. All airline Contracts of Carriage are available for view publicly on their websites and at their office branches.
Travelous is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel your reservation without penalty due to a change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. Travelous will not provide any refund for Tours missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial. Airline flights may be overbooked. A person denied boarding on a flight may be entitled to a compensatory payment or other benefits. The rules for denied boarding are available at all ticket counters in your Contract of Carriage. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties may apply.
a) Room Classifications
On cruise ships, cabins generally offer more restricted space than in a typical hotel room. In addition, for an equivalent classification in terms of stars, the amount of space and degree of comfort in cruise cabin is generally less than that offered in a typical hotel room.
Call cruise line or review their informative materials to find out how long before the departure passengers have to check in. Usually it is 5 hours prior to departure. If Travelers come late to check in they will be denied boarding.
c) Shore Excursions, Medical Personnel, & Cruise Amenities
All shore excursions and tours, ground transportation, on board concessions (including, but not limited to, gift shops, spas, beauty salons, fitness centers, gymnasiums, climbing walls, golf programs, art programs, and snorkel concessions) are operated by independent ontractors (unless it is a private shore excursion clearly designated to Traveler as organized and executed by Travelous). Additionally, all ship physicians, nurses, and other medical personnel are independent contractors. Travelous neither supervises nor controls the actions of these independent contractors, nor makes any representation, whether express or implied, as to their suitability. You agree that Travelous assumes no responsibility, does not guarantee performance, and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. These services are provided only as a convenience for you; you use them at your own risk.
d) Currency, Fuel, & Other Fluctuations
Our rates are based on Tariffs and exchange rates and are subject to change prior to departure. When substantial fluctuations to exchange rate or fuel surcharges result in increase cost of travel arrangements significantly, Travelous reserves the right to alter prices or introduce surcharges accordingly, even if payment has been received in full.
23. Activities Offered During your Tour: Sports, Safaris, etc. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. Travelous may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Tour description are no longer provided by the local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children's clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, and sports equipment etc., are insufficient for the demand. The opening hours of bars, restaurants, and discos, etc., may be irregular and dependent on the management of the establishment in question. Travelous cannot be liable for activities unavailable due to any of the reasons listed above.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVELOUS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at Traveler's expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
Please be aware that your Safari will likely take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and man made. Travelous cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard. It is the responsibility of Traveler to ensure their own safety and neither Travelous, their employees, their agents and Suppliers cannot be held responsible for any attack, injury, death, loss/damage of personal possessions, or accident or other event of any description which that may occur during the Safari due to the unpredictable nature of wild animals. Medical assistance may be difficult to obtain / a considerable distance away, and may be limited when reached. You must carry and abide by all information provided to you with in relation to your chosen activities at all times as this is crucial for your own safety and security.
24. Use of Information. Travelous may occasionally use statements and testimonials provided by Travelers, and/or Travelers' photographs, in marketing materials, on the internet, and in print publications and advertisements to promote Travelous' Tours and Services. Travelers consent to such use of Travelers' statements or photographs.
25. Representations and Warranties. Traveler represents and warrants that Traveler: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to Travelous to facilitate Traveler's Tour is true and accurate. Traveler authorizes Travelous to make any such investigations as Travelous determines to be necessary, at their sole discretion, to determine Travelers eligibility.
26. Medical and Physical Condition, Medical Emergencies. Some activities available on Travelous' Tours are physically active and interactive, so you must be in good physical condition and health to participate in them. Various water activities and sports available on our Tours (including jet skiing, snorkeling, surfing, etc.) require various skills and abilities such as: the ability to swim, hand to eye coordination, balance, and an awareness of your surroundings. Traveler certifies they will not take any alcoholic beverages or drugs that may impair their physical or mental abilities before their participation in an adventure or water activity while on a Tour.
Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Tour. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler's medical condition, Travelous may not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to Traveler, but Traveler recognizes that Travelous or is not obligated to take any action to facilitate or assist that treatment. The quality of medical personnel and facilities vary from region to region and cannot be controlled by Travelous. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. Travelous is not responsible for the costs of any medical treatment you may require during a Tour and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Tour. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TOUR. Traveler releases Travelous from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, Travelous, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
27. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and Travelous will be governed by the laws of the State of Nevada without regard to its conflict of law provisions.
You and Travelous agree to submit to the personal jurisdiction of the federal and state courts located in Clark County, Nevada with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Client and Travelous agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Clark County, Nevada and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND TRAVELOUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
29. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of Travelous.
30. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and Travelous agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
31. Entire Agreement, Waiver, Etc. These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them. They supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, acknowledgment, or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Travelous does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.