Southern Crossings Tours and Travel (the Company) accepts bookings subject to the following conditions:
1. The Contract
The
contract is between the Company and the client, being any person traveling or
intending to travel on a tour operated by the Company. The Contract, including
all matters arising from it, is subject to United States law and the exclusive
jurisdiction of United States Courts. No employee of the Company other than a
director has the authority to vary or omit any of these terms or promise any
discount or refund.
2. Booking
To secure a booking, the Company or their agent
requires a completed booking form and a deposit of US$500 per person at time of
booking. Full payment must be received no later than 60 days before the first day (Arrival Day) of the booked
tour. Clients booking by
internet, telephone, telex or facsimile will be deemed to have read the booking
conditions and to have signed the Declaration on the booking form. If not mailed
to the Company, the completed and signed booking form must be given to the Tour
Leader on Day One of the booked trip. A booking is accepted and becomes definite
only from the date when the Company has confirmed acceptance in writing and
issued a Confirmation Invoice. It is at this point that a contract between the
Company and the client comes into existence. The Company or their agents reserve
the right to decline any booking at their discretion.
3. Payment for
Tour
The balance of all monies due must be paid to the
Company or their agent no later than 60 days before Arrival Day of booked tour.
If booking within 60 days of
tour, all monies are due at time of booking. In the case of non-payment of the
balance by the due date, the Company may treat the booking as cancelled by the
client. In case of
payment received after the due date, the client is responsible for any price
difference relating to their tour.
Monies paid to an agent acting on behalf of the Company for tours operated by the Company are held for the client until the client receives written confirmation of the acceptance of a booking. Thereafter, these and any other monies are held by the agent on behalf of the Company.
4. Changing your
Booking
An administrative fee of US$50 per passenger plus
any additional costs incurred will be charged if a confirmed booking is changed
or transferred prior to 60
days before departure (departure being Arrival Day of booked tour). Within 60-15
days of departure, a US$100 per passenger fee plus any additional costs will be
charged and under 14 days of departure a US$200 per passenger fee plus
any additional costs will be charged. Please note that internal flights are non
changeable, non refundable and non transferable, and that any changes to airline tickets
once tour is paid in full are at the client's expense. Also please note
that while the Company shall make the effort to obtain the same accommodation,
changes to the tour may result in changes of accommodation. If a passenger leaves
the tour prior to its termination, the Company shall cease to have
responsibility to or for them.
5. Canceling your
Booking
Should the client wish to cancel after making their full and final payment, they
will be refunded based on their cancellation date, valid when Southern Crossings
receives their cancellation request in writing (mail, email, facsimile). The
amount of their refund will be calculated as follows:
More
than 60 days before Arrival Day: retention of deposit*
59 - 30 days before Arrival Day: retention of
60% of the
trip price*
29 - 14 days before Arrival Day: retention of
90% of
the trip price*
less than 14 days before Arrival Day: retention of
100% of the trip price*
*If you are booking a tour that includes the 4-day Inca Trail hike, please be aware that Southern Crossings will retain an additional $300 on top of the above listed percentages, due to the fact that Inca Trail bookings are non-refundable.
6. Changes to the
tour
While the Company will do its best to operate all tours as advertised,
reasonable changes in the itinerary may be made where deemed necessary or
advisable by the Company. In cases of force majeure, it is the
responsibility of the client to pay for any changes required to complete the
tour and/or transport the client to his/her international departing flight.
In cases of force majeure, the Company also reserves the right to change any of the
facilities, services, prices or itineraries described in the brochure, web site
or travel invoice/receipt provided to the client. If a major change is
known to us, the client will be told at the time of the booking.
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activities, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or canceling of flights by an airline or other similar events beyond the control of the Company.
7. Cancellation
of a tour
The Company reserves the right to cancel a tour under any circumstances but will
not cancel a tour less than 4 weeks before the departure except for reasons of
force majeure or the client's failure to pay the final balance. Unless the
client fails to pay the final balance, the Company, upon cancellation, will
return all monies paid.
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activities, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or canceling of flights by an airline or other similar events beyond the control of the Company.
The Company is not liable for any penalty charges associated with connecting air fares, in the event of a change to a tour departure time, date or cancellation.
8. Passports,
Visas, Vaccinations
Clients are responsible for arranging, and must be in possession of, a valid
passport and any visas and vaccination certificates required for the whole of
their journey. Information about these matters or related items (climate,
clothing, baggage, personal gear, etc.) is given in good faith but without
responsibility on the part of the Company.
9. Travel and
Cancellation Insurance
Clients are responsible for effecting sufficient personal travel insurance.
Travel insurance is mandatory for all clients while on a tour organized by the
Company. Clients together with their personal property including baggage are at
all times solely at their own risk. Clients are wholly responsible for arranging
their own insurance and ensuring that they are in possession of private Travel
Insurance with protection for the full duration of the tour in respect of at
least medical expenses, injury, death, repatriation, cancellation and
curtailment, with adequate benefits. Clients making their own arrangements
should ensure that there are no exclusion clauses limiting protection for the
types of activities included in their tour. Whether clients choose to obtain
Travel insurance through an agent of the Company or their own independent
arrangements, the clients must satisfy themselves that any such insurance is
what they require and clients should arrange supplementary insurance if need be.
10. Liability
Insurance
The client acknowledges and
accepts that there may be no policy covering the Company's liability to its
clients for death, injury, damage or loss occurring anywhere in the world. The
client also specifically acknowledges that with respect to passenger accident
liability coverage, this coverage may be very limited or may not exist at all.
The client acknowledges that the Company has taken reasonable steps in
safeguarding its liability. Although the Company does hold various insurances,
this booking condition states that the client must assume that he/she is not
covered by any Company insurance policy, including all liability insurance, for
death, injury, damage or any other loss.
11. If you have a
complaint
Should the client have a complaint about any of the tour arrangements, the
client must tell both the relevant supplier and the Company representative at
the time. If the Company and the relevant supplier are not aware of the problem
at the time the problem arises, there is no opportunity to rectify it. Failure
to complain on the spot will result in the client's ability to claim
compensation from the Company being extinguished or at least diminished.
12. Authority on
tour
Clients agree to accept the authority and decisions of the Company's employees,
tour leaders and agents while on tour with the Company. If in the opinion of
such persons, the health or conduct of a client at any time before or after
departure appears likely to endanger the safe, comfortable or happy progress of
a tour, the client may be excluded from all or part of the tour. In the case of
ill health, the Company may make such arrangements as sees fit and recover the
costs thereof from the client. If the client commits an illegal act the client
may be excluded from the tour and the Company shall cease to have responsibility
to or for them. If a passenger leaves the tour prior to its termination, the
Company shall cease to have responsibility to or for them
The person signing the attached booking form (which incorporates these terms) warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions. No refund will be given for any unused services.
13.
Responsibility and Liability
Clients' bookings are accepted on the understanding that they appreciate the
possible risks inherent in adventure travel and that they undertake the tours
featured in our program at their on volition.
Due to political and cultural differences, as well as generally tougher physical conditions, travel to many areas of the world involves risks other than those we take in our daily lives. The Company and the service providers it works with place extreme importance in the safety of clients. It is important, however, that clients realize that they are responsible for making themselves aware (through State Department advisories, Government Tourist Offices and other sources of information) of the risks involved, and are responsible for making their decisions accordingly.
No refund will be made for any unused services which are included in the price. The Company shall not be liable for any delays, deviations or omissions from any tour caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences thereto. The Company shall not be liable to compensate clients for associated expenses incurred as a result of their booking.
The Company only
acts as agents for the owners, contractors, suppliers of transportation and
local operators/agents, and/or other related travel services provided and
assumes no liability or responsibility for additional expenses howsoever caused
arising directly or indirectly from the actions or omissions of such independent
parties, accidents, loss or damage to person or property, delays, transport
failures, strikes, war, force majeure, Acts of God, etc., over which it has no
control. Arrangements so made by the Company will be subject to any special
terms imposed by the supplier of these services. The Company accepts no
liability for any action or activity undertaken by the client arranged
independently of the Company while on tour. The Company accepts no liabilities
for any circumstance arising pursuant to the agreement constituted by acceptance
of these terms by the client.
Any claim, litigation, court or legal actions filed against the company must be
filed within the jurisdiction of the State of Florida, United States
of America.
14. Airlines
Airlines featured are not responsible for any acts or omissions of any supplier
of transportation or accommodations other than the airline itself, and
accordingly, airlines are not liable in respect of either person or property for
any loss, damage, injury, accident, delay or irregularity, however occasioned,
sustained or suffered in or during any package, journey, trip or tour other than
while on the airline. International airlines are subject to international air
conventions limiting their liability. The limitations of liability are contained
on the reverse side of airline tickets and form part of the terms and conditions
of any package.
15. Advertising
and marketing material
Clients must be aware that the Company's tour leaders, guides, or
representatives may take videos, photos or films of our clients while on tour
and the Company reserves the right to use this material for any advertising and
marketing usage (including television footage) without further consent. The
Company also reserves the right to use any comments clients make regarding our
tours in any future promotional materials.
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