The Company is not responsible for any injury, loss, death, inconvenience, delay, or damage to personal property in connection with the provision of any goods or services, whether resulting from, but not limited to, acts of God or force majeure, epidemics, pandemics, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failures of aircraft or other means of transportation, or for the failure of any transportation mechanism to arrive or depart on time.
In the event of cancellation, delay, or rescheduling mandated by any of the aforesaid causes beyond the Company's control, the Customer shall have the option of accepting in lieu of the original Program such rescheduled Program or other substituted Program(s) as may be offered, or else, receiving a refund of as much of such advance Program expenditures as the Company can recover on the Customer’s behalf from carriers, third-party tour vendors, etc. However, the Company shall not have any obligation or liability to the Customer beyond the foregoing.
The Company reserves the right to make alterations to Program itineraries and substitute hotels, vehicles, ships, or activities if required. The Company reserves the right to cancel, delay, or reschedule any Program before departure, and, so long as this is not the result of any of the aforesaid causes beyond our control, the Customer shall be entitled to a full refund of all monies paid to that point if he/she so desires, less any non-refundable deposits or uncollectible expenses incurred. For more details, see the section on Cancellation Policies.
Customers specifically release the Company from any claims for loss or damage to baggage or property, or personal injuries or death, or loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, shore excursion operators, restaurateurs, transportation providers, medical personnel, or other providers of services or facilities. All arrangements made for Customers with independent contractors, including medical services, are made solely for Customers' convenience and are done at the Customers’ own risk. The Company specifically disclaims all liability for damages for emotional distress, mental suffering, or psychological injury of any kind, except to the extent prohibited by Title 46 of the United States Code Section 183c(b), where applicable.
Adventure Travel Risks
Some of the Programs offered by the Company are for adventure type of travel. There are certain inherent risks in adventure travel. These include, but are not limited to, hiking, climbing injuries, and altitude sickness, and in all trips dangers of animals, inaccessibility to medical attention, and difficulty in evacuation from remote locations in the case of a medical emergency. The Client assumes all such risks with regard to these possibilities.
Travel Advisories/Warnings
It is the responsibility of the Customer to become informed about the most current travel advisories and warnings by referring to the appropriate travel advisories issued by their country. For the United States, this includes the State Department's travel website at www.travel.state.gov, also available by phone at 1-888-407- 4747. For the United Kingdom, this includes the Foreign and Commonwealth Office travel website at www.fco.gov.uk, also available by phone at 0845-850-2829.
In the event of an active Travel Warning against travel to the specific destination location(s) of the trip be issued by the Customer’s home country, or by any other country, and should the Customer elect to travel, notwithstanding any travel advisory or warning, the Customer assumes all risk of personal injury, death, or property damage that may arise out of events, such as those advised or warned against.
Arbitration Agreement
Any controversy or claim arising out of or relating in any way to these Terms of Service, to the Responsibility Clause, to the Itinerary, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in the U.S. State of Florida, in accordance with the rules of the Arbitration Association then existent.
Customers Representations
The Customer represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the Program. The Company reserves the right to decline the acceptance of anyone on a trip. The Company reserves the right to remove from the trip, at the Customer’s sole expense, anyone whose condition is such that he or she could create a hazard to the Customer or others, or otherwise impact the enjoyment of other passengers on the trip.
Acts of God, Strike, Or Other
Neither the Company nor its partners shall be liable for delay or inability to perform any condition in its Itineraries caused by or arising out of strikes, lockout, or labor difficulties or shortages, whether or not the Carrier is party thereto, or explosion, fire, collision, stranding or foundering of the vessel, or breakdown or failure of, or damage to, the vessel or its hull or machinery or fittings howsoever and wheresoever any of the same may arise or be caused, or civil commotion, riot, insurrection, war, government restraint, requisitioning of the vessel, political disturbance, acts or threats of terrorism, inability to secure or failure of supplies including fuel, Acts of God, or other circumstances beyond their control.
Air Transportation
The Company has no responsibility for any changes in travel plans caused by airline delays and will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. It is solely up to the Customer to ensure the correct arrival and departure flight information from the Program's start and end cities as well as a correct spelling of his/her name.
The airlines concerned are not to be held responsible for any act, omission, or event during the time Customers are not on board their planes or conveyances. These programs may use the services of any IATA carrier. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between these companies and the Customer who purchases these travel programs and/or passage.
Additional Provisions for Cruises
Tickets, vouchers, and any other travel documents are subject to all terms and conditions of the respective suppliers (some of which may limit the supplier's liability). Under no circumstances shall the Company be construed as a carrier under a contract for safe carriage of the passenger or his or her belongings. The Company and the owners and operators of the vessels for which the Company offers cruises shall be entitled to any and all liability limitations, immunities, and rights applicable to them, or any of them, under the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CLNI), with protocols and amendments, together with the further provisions of the International Convention of Limitation of Liability for Maritime Claims, 1976, with revisions and amendments (hereinafter collectively referred to as the "Convention"), if and as applicable, and by those other and further limitations of liability set forth in the statutory and general maritime law of the United States, (including Title 46 of the U.S. Code, Section 181-186, 188), as well as any other applicable nation's laws limiting liability. The Company and the owners and operators of its partner vessels shall be entitled to claim the benefit of whichever law, regulation, treaty or doctrine provides the greatest legal protections to the Company and the owners and operators of these vessels.