TERMS & CONDITIONS (PARTICIPATION AGREEMENT)
By signing this document, or otherwise indicating your assent in writing, you agree to the terms and conditions set forth in this document. Premier Tours Inc. (“we” or “us”) is providing the trip described in the link forwarded to you by e-mail. These terms and conditions apply to the Tour, the itinerary for the Tour and payment for the Tour
RESERVATIONS AND PAYMENTS:
A completed online credit card authorization form must be received in order to secure payments.
Bank wire transfers are also accepted; please inquire for details. A non-refundable deposit of 30% of the total land arrangements cost per person, in addition to the full cost of any airfares you’d like to secure, is required to confirm arrangements. Final payment for land arrangements is due 90 days before travel.
This signed Participation Agreement, and the signed Credit Card Authorization Form are all part of your agreement with us.
TRAVEL INSURANCE:
We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a travel Tour, trip cancellation insurance may be the only source of reimbursement available to you. Trip cancellation insurance is available for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage. We will send you an application upon receipt of your reservation or you can select the provider of your choice. In addition, medical evacuation coverage may be required as a condition of booking. We recommend that guests familiarize themselves with their travel insurers benefits, limitations, and exclusions prior to purchasing a policy – as well as understand the processes regarding claiming for their policy.
CANCELLATIONS:
Cancellations are only effective upon receipt of written notification, and the following cancellation policy will apply:
- Tour package deposits are non-refundable once received
- 90-45 days prior to departure – 50% of tour package cost is non-refundable
- 44 days or less prior to departure – 100% of tour package cost is non-refundable
The above includes all cancellation penalties / charges levied by suppliers
The purchase of comprehensive travel insurance upon payment of your deposit is highly recommended as protection against potential losses.
Airline tickets issued by Premier Tours are subject to cancellation and exchange penalties as governed by the individual fare rules of any tickets issued on your behalf. Many airline tickets are entirely non-refundable, apart from certain taxes. Your airline ticket constitutes a contract between you and the airline, even if purchased through Premier Tours Inc.
Your decision not to participate on the Tour due to State Department or Centers for Disease Control advisories or warnings, fear of travel, or for any other reason, will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour start date, you will be considered a no-show. No refunds will be available, but you may join the Tour late if you wish.
NOT INCLUDED:
Taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access; accident/sickness, trip cancellation, and baggage insurance; all gratuities; optional sightseeing excursions; baggage charges on aircraft; local departure air/airport tax(es); airfare and associated local taxes, airport facility and security taxes and federal inspection fees, transfers and baggage handling to/from airport/hotel on day(s) of arrival and/or departure; any overnight on land due to a change in flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the travel Tour
BAGGAGE:
Luggage allowance policies are set by the airlines and may change without notice. Baggage is at owner’s risk throughout the trip. Airlines, buses, vans and other modes of transportation may all have weight and size restrictions on luggage. It is your responsibility to comply with all baggage restrictions
PRICE INCREASES:
Destination countries increase their VAT taxes from time to time, along with national park entrance fees. Some suppliers impose energy surcharges or other price increases. Any such increases will be applied to your total due at the time of final payment.
PASSPORTS, VISAS, and OTHER ENTRY REQUIREMENTS:
International travel requires a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please speak with us if you are unsure about the visa requirements for your travel destination. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations.
RESPONSIBILITY AND ASSUMPTION OF RISK:
Premier Tours Inc. its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively Premier Tours), do not own or operate any entity which provides goods or services for your Tour including, but not limited to, lodging facilities, airline, vessel, or other transportation companies, safari or guide services, local ground or safari operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Premier Tours Inc. is not liable for any negligent or willful act, failure to act, financial failure or other defaults of any such person, entity, supplier or any other third party. Our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse would be against the Suppliers, and you agree not to initiate a chargeback against Premier Tours Inc.
In addition and without limitation, Premier Tours Inc. is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics or the threat thereof, the lack of availability of or access to medical attention or the quality thereof, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely.
We have no special or unique knowledge regarding the financial condition of the suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful information regarding your destination, we strongly recommend reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel.
If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for your own hotel, transfers and meal costs. The right is reserved to decline to accept as a Tour participant, or remove from a Tour, without refund, any person Premier Tours Inc. judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other Tour participants, leaders or third parties, or who Premier Tours Inc. determines to detract from the enjoyment of the Tour by others. Specific room assignments are within the sole discretion of the lodge or hotel.
CANCELLATIONS AND POSTPONEMENTS:
Premier Tours Inc. reserves the right to change the itinerary, the lodges or hotels utilized or any Tour features at any time and for any reason, with or without notice, and Premier Tours Inc. shall not be liable for any loss of any kind as a result of any such changes. Premier Tours Inc. may cancel or postpone a Tour (or an option) for any reason whatsoever. Seasonal changes (for example, from low to high season) may result in higher prices. In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to Premier Tours Inc. but only to the extent its suppliers are crediting Premier Tours Inc. with those monies paid by Premier Tours Inc. to them. Under no circumstances is Premier Tours Inc. obligated to refund the cost of any purchased travel insurance. Premier Tours Inc. is not required to cancel any Tour for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Premier Tours Inc. is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Premier Tours Inc. makes the flight arrangements or cancels the Tour. Premier Tours Inc. reserves the right to substitute lodges, hotels, vessels or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.
OTHER TAXES AND FEES:
Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included unless stated.
FORCE MAJEURE:
Premier Tours Inc.assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots, disaster, weather events, or strikes.
PHYSICAL ACCESSIBILITY:
All Tours require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark vans, safari vehicles or motor coaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment. Please understand that the Americans with Disabilities Act does not apply outside the United States.
MEDICAL PROXY:
If you are unable to authorize your own medical attention and treatment, you authorize Premier Tours Inc. or its subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release Premier Tours Inc. from any liability for medical attention arranged or not arranged on your behalf. Premier Tours Inc. assumes no liability regarding provision of medical care or evacuation services.
CHANGES:
Changes in this Agreement may be made only in writing, signed by an officer of Premier Tours Inc.
CALIFORNIA SELLER OF TRAVEL ACT DISCLAIMER:
California has established a Travel Consumer Restitution Fund under the California Seller of Travel law. This Fund is designed to protect consumers from unscrupulous practices by sellers of travel. This law does not cover non-California residents, and even in the case of California residents, it does not cover any foreign travel where the foreign “providers of transportation or travel services” are not in compliance with the Seller of Travel law (compliance being defined as a Seller of Travel in California and a participant in the Travel Consumer Restitution Fund). Thus, none of Premier Tours Inc. trips qualify, and clients would not be eligible to make any claim from the Fund in the unlikely event of default by Premier Tours Inc. or any of our foreign suppliers.
BINDING ARBITRATION:
Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the Tour, or the Tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, according to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Pennsylvania law and will take place in Philadelphia, Pennsylvania. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Premier Tours Inc. are waiving the right to a trial by jury. Any arbitration commenced against Premier Tours Inc. must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
I agree to the terms of this Terms and Conditions, Release of Liability, Assumption of Risk [and Binding Arbitration] Agreement. My Agreement extends to any tour to which I may transfer. If my party includes a person under 18, then I represent that I am that person’s parent or legal guardian.
| Print Name: |
| Signature: | Date: |
Guardian of a Minor: I, as a guardian of the below named minor, hereby give my permission for the minor to participate in the trip and further agree, individually and on behalf of the minor, to the terms above.
| Name of Minor: |
| Signature of Releasor: | Date: |
