RESPONSIBILITY
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THE RESPONSIBILITY STATEMENT AND OPERATOR-PARTICIPANT CONTRACT AND TERMS AND CONDITIONS BELOW (THE “AGREEMENT”) INCLUDES A WAIVER OF PARTICIPANT’S RIGHT TO BRING A CLASS ACTION.
SaharaTrek, Inc., its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents, and assigns (collectively “Tour Operator”), acts only as an agent for any transportation carrier, hotel, ground operator, restaurants, or other suppliers of services connected with specific Tours (“Other Providers”), and the Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the participant; the carriers are not responsible for any act, omission, or event during the time the participants are not aboard their conveyances.
Tour Operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against the Tour Operator for any such loss, damage, injury, or death.
By booking for a Tour, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other participants. The Tour Operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a Tour. The Tour Operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants.
The Tour Operator, will not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Tour departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
TERMS AND CONDITIONS
Please Note: The applicable Terms and Conditions, including, but not limited to, cost, deposit, payments, cancellations, and refunds, may vary from those listed below based upon the specific Tour selected by the participant. A copy of the final Terms and Conditions applicable to each participant will be sent prior to payment being made. If a court of competent jurisdiction holds that any provision is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.
Basis of Costs: All costs are (i) per person based on two persons sharing a room unless otherwise noted, (ii) quoted in U.S. dollars, (iii) estimates based on tariffs, currency values, airfares, and third-party charges, and (iv) subject to change prior to booking. Notification of the current cost relevant to the Tour will be provided to the participant at the time of booking.
Eligibility: All persons under age 18 must be accompanied by a parent or legal guardian over age 21 in the same room.
Included in Tour Cost: Accommodations and meals as indicated in the itinerary; entrance fees, excursions, and sightseeing noted as included in the itinerary; ground transportation during the Tour; services of local guides and any other staff; and taxes.
Not Included in Tour Cost: Air transportation, internal airfare, visa, and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities, unless otherwise noted on the itinerary page; passport, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
Payments, Cancellations, and Refunds:
To book a Tour:
50% payment is required when the reservation is accepted, balance is due no less than 30 days prior to the start of the tour. Per-person charges for cancellations prior to departure (“Cancellation Period”) are as follows: 30 days or more prior to departure: 100% refund of the Tour cost; 29 days or fewer days prior to departure: 0% refund of the Tour cost.
Trip cancellation insurance is available at an additional cost and is strongly recommended.
All cancellation notices must be received in writing and will become effective as of the date of the postmark or emailing.
The policies regarding deposits, payments, and cancellations for all Tours also apply to pre-and post-Tour extensions and extra arrangements confirmed on any participant’s behalf, unless otherwise noted. Tour Operator will make reasonable attempts to accommodate any revisions made within the Cancellation Period, such as a change in departure date or choice of Tour, however, should accommodation be unavailable, revisions may be subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Failure to arrive or leaving a Tour in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a Tour. Tour Operator reserves the right to cancel any Tour because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a Tour is canceled by the Tour Operator prior to departure, the Tour Operator will provide the participants with a full refund of monies paid to the Tour Operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Tour as planned, in which case the Tour Operator will provide the participants with a refund and/or credit toward a future Tour equivalent to the amount paid to the Tour Operator.
If Tour Operator cancels the Tour in progress, the participants will receive a prorated refund based on the number of days not completed on the Tour. If a participant elects to leave a Tour in progress of their own volition, the participant will not receive any type of refund. If Tour Operator cancels the Tour in progress and the participant elects not to immediately return to his/her original point of departure for the Tour, or if the participant elects to leave a Tour in progress of their own volition, the participant acknowledges and agrees that (i) the participant shall be solely responsible for his/her travel plans once he/she departs the Tour, (ii) the Tour Operator shall not have any responsibility for or control over the participant’s safety or activities once he/she departs the Tour, and (iii) the participant releases and holds harmless the Tour Operator, from any and all costs, liability, loss, damage, injury, or death that may arise out of the participant’s decision to not return to his/her original point of departure from the canceled Tour in progress. Except as outlined above when Tour Operator cancels a Tour, the Tour Operator have no responsibility for any expenses, including any non-refundable expenses, incurred by the participants in preparing for a canceled Tour or for any additional arrangements should the participants embark prior to the scheduled group departure date.
Optional Excursions: If a participant elects to participate in any additional activity or excursion that is not arranged or led by the Tour Operator, the Tour Operator shall not have any responsibility for or control over the participant’s safety or well-being, and the participant releases and holds harmless the Tour Operator from any and all costs, liability, loss, damage, injury, or death arising from the participant’s decision to participate in such activity or excursion.
Trip cancelation insurance is available at an additional cost and is strongly recommended.
Itinerary Changes: The itineraries, accommodations, and staff presented in the Tour documentation, catalog, or on the website are subject to modification and change by the Tour Operator. Every reasonable effort will be made to operate Tours as planned, but alterations may still occur after final itineraries are sent.
Documentation: Participants are solely responsible for obtaining any documents required for their participation in the Tour such as a valid passport, all visas, vaccination certificates, and any other documents. Further, Participants are solely responsible for obtaining current travel advisories, warnings, and requirements by contacting applicable embassies, and consulates. Participants are strongly encouraged to visit the U.S. State Department’s website at http://travel.state.gov and the U.S. Centers for Disease Control and Prevention (CDC) website at http://www.cdc.gov. Non-U.S. residents please consult the appropriate consulates regarding passport, visa, and other document requirements. All participants must have valid government-issued proof of citizenship to travel, in addition to any other requirements of the country of origin and countries visited. Those without proper documentation may be denied travel. In addition, participants may be denied entry to the countries visited if they do not meet the country’s entry requirements. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
Health Requirements: Tour Operator reasonably accommodates travelers with disabilities on all of its trips, but not all trips may be suitable for all travelers. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made, or as soon as reasonably possible thereafter. Walking and climbing stairs are required in many hotels and airports to board an aircraft and for many excursions. If the participant requires a slower pace, extra assistance, or the use of a cane or walking stick, arrangements may be made at each destination, if necessary, at the discretion of our Tour staff. Depending upon the nature of the arrangements, extra costs for such arrangements may be the responsibility of the participant. If the participant would like to forgo some of the scheduled sightseeing to rejuvenate and relax, he/she may feel free to do so at any time. Please call Tour Operator for further details if you require special accommodation to participate on this Tour. Tour Operator encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain Tours require that each Participant obtains his/her physician’s approval to join the Tour, and in those cases, Tour Operator will send the Participant a form for his/her physician to sign and return per instructions outlined in the pre-Tour communications.
Medical Authorization and Coverage: In the event the participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the Tour who can direct participant’s care, and Tour Operator is unable or does not have time to contact participant’s emergency contact, the participant, by booking and paying a deposit for a Tour, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
Photography: the Tour Operator, and the Tour leader reserve the right to take photographs or videos during the operation of any Tour or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a Tour, the participant agrees to allow his/her likeness to be used by the Tour Operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify Tour Operator and/or the Tour Operator in writing prior to departure of the Tour.
Copyright in all photographs, video, and related materials created by the participant (“Tour Materials”) will belong to the participant upon creation. The participant grants to the Tour Operator a non-exclusive, worldwide, irrevocable license to use any Tour Materials provided to the Tour Operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of travel programs, or promotion of the mission of the Tour Operator.
Assumption of Risk: By booking for a Tour, the participant acknowledges that he/she is aware that travel such as the Tour he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness (including infectious diseases), injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The participant further acknowledges that weather conditions may be severe, adverse, and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the Tour and that when available may not be of the quality which exists in the United States.
Venue and Waiver of Class Action: All claims and disputes arising under or relating to this Agreement that cannot be settled amicably are to be settled by binding arbitration in the State of Florida. An award of arbitration may be confirmed in a court of competent jurisdiction. THE PARTICIPANT AND TOUR OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, OR OTHER COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). EACH PARTY SPECIFICALLY WAIVES THE RIGHT TO TRIAL BY JURY.
Governing Law: This Agreement shall be governed by the laws of the State of Florida.