BOOKING AND PARTICIPATION AGREEMENT
These are the terms under which intelli.tours LLC (“intelli.tours”, “we”, “us”, or “our”) offers your intelli.tours journey (“Journey”). By booking a Journey for yourself or someone else on our website, intelli.tours (Website) and paying your deposit or full fee for a Journey, you and/or whomever you may book are entering into this Booking and Participant Agreement (“Agreement”) with us. Please read these terms carefully before making a deposit or payment for a Journey as your purchase of any Journey, service, or product indicates your complete agreement with the terms and conditions detailed herein. This Agreement also refers to and applies to the third-party, independent contractors (“Suppliers”) whom we engage to organize and execute your Journey. These terms may be supplemented by additional terms and conditions specific to your Journey or to all Journeys (“Supplement”). The terms and conditions of this Agreement apply to your Journey and the program for the Journey (the “Itinerary”). In the event of a conflict between this Agreement and the Itinerary and/or the Supplement, the Supplement will apply.
BOOKING A JOURNEY CONFIRMS YOUR AGREEMENT WITH THIS ENTIRE AGREEMENT
1. TRAVEL INSURANCE
We recommend that you purchase a travel protection plan that includes trip cancellation, trip interruption, and medical insurance. We will provide you information about travel protection options and we also advise you to consult your credit card travel benefits as many cards do include varying levels of travel protection. You are under no obligation to purchase any plan we recommend, and we are not responsible for any travel plan that you purchase. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation. It is important that you purchase travel protection plans as soon as possible after you book your Journey to ensure that you qualify for all benefits.
2. BOOKING ON BEHALF OF OTHERS
If you book an intelli.tours Journey on behalf of any other traveler(s), you are considered by us to be the designated contact person for all participants included in the booking(s), and you will be held by us as responsible for making all payments for your Journey booking(s) and keeping the traveler(s) for whom you booked informed.
By booking on behalf of another traveler or travelers, you represent and warrant that you have obtained all required consents. It is your responsible to verify that all information you provide on behalf of another traveler or travelers is complete and accurate and understand that we will, under no circumstances, be held responsible or liable for any errors or omissions in the information provided to complete any Journey booking or your inaction in keeping anyone on whose behalf you book informed of all information regarding the Journey.
3. AGE REQUIREMENTS
All travelers must be twenty-one (21) years of age or older to book and/or participate in any Journey.
4. RESERVATIONS AND PAYMENTS
Reservations and payment may only be made online at intelli.tours and only payment by credit card is accepted. You may book your Journey with a deposit as indicated on our Website or choose to pay the complete Journey fee when you book. Upon receipt of your deposit or full payment, we will send you a confirmation of your booking. If a Journey is already full and you wish to be put on our waitlist, we will accept your deposit on a standby basis, and if space becomes available, you will have the option to join the Journey by paying in full or opt out of the Journey for a full refund of your deposit. Final payment is due sixty (60) days prior to departure unless otherwise indicated on the Website or in the brochure or your booking will be canceled. If your reservation is made within sixty (60) days of departure, the entire cost of the trip must be paid at the time of the booking in order to secure your space.
5. CANCELLATION BY YOU
Please be aware of our cancellation policy. We recommend that you purchase a travel protection plan to protect your investment of your Journey. All cancellation requests require that you forward your Journey booking confirmation by email to firstname.lastname@example.org. Your cancellation date will be the date and time of which we receive your cancellation request email.
Your decision to not participate in the Journey due to U.S. State Department warnings, fear of travel, illness, or any other reason will be deemed a cancellation unless we have indicated to you otherwise in writing in advance of your Journey departure date.
6. CANCELLATION OR DATE CHANGES BY US
We reserve the right to cancel any Journey because of inadequate enrollment that makes the Journey economically infeasible to operate or because of our concerns with respect to the safety, health, or welfare of our travelers or staff or for any other reason that in our sole discretion, necessitates cancellation. Should we cancel your journey for any reason, we shall have no liability beyond the prompt refund of all your payments received by us, and we shall not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever.
7. CANCELLATION BY YOUR TRAVEL COMPANION
If your travel companion with whom you are sharing a double occupancy room should cancel and you are unable to secure another traveler or we are unable to secure a roommate for you, you will be considered a single traveler and subject to the single supplement charge that must be paid in full before departure or your Journey will be canceled with no refund if after the initial 72-hour no-questions-asked cancellation grace period. We recommend that you purchase a travel protection plan. See TRAVEL PROTECTION PLAN section for details.
In the case of any refund issued, it is under the express conditions and your understanding and agreement that our issuance of any refund releases us from all further liability and you thereby waive all additional rights and remedies under this contract or any applicable state, federal, or foreign law. You further understand that our issuance of any refund for any reason is not in any way an admission of liability, responsibility, culpability, error, or malfeasance by us or any entity with which we contract services. Additionally, unless as decided otherwise by us and at our sole discretion, no refund will be given for any unused tour features, whether because of customer’s choice, operational reasons, bad weather, or any other reason.
In case of printing, typographical error, computer error, verbal, or human billing error, or functionality error on our Website, we reserve the right to invoice or re-invoice you with corrected billing, and you agree to pay the adjusted prices with no claim against us for any error.
Published and quoted Journey prices are per person, double occupancy, except where indicated. All prices are based on current rates of exchange, tariffs, and taxes in effect at the time of publication. We reserve the right to increase Journey prices to cover increased costs, tariffs, taxes, and other price increases and variances received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a Journey or its parts. The final number of travelers on a Journey will not affect the published price. Please see the sections INCREASES IN TAXES, FEES, OR SURCHARGES and FLUCTUATIONS IN CURRENCY EXCHANGE RATES for additional details.
Quoted Journey prices include: Deluxe hotel accommodations, breakfast every day, lunches and dinners per the specific Journey Itinerary, one (1) complimentary checked bag (Mexico only); en-route expenses of $50 each way to/from the destination; the 24/7 services of an intelli.tours Intelligence Officer who will stay with your group in each hotel, cocktails and/or wine at all dinners; flat and sparkling water at all meals, or other beverages as selected by us; all baggage handling from arrival in the destination city (after customs and immigration) to drop off at the airport on the final day; all ground transportation at the destination; all sightseeing/tours/entrance fees; a hotel laundry/dry-cleaning credit midway through the Journey; services of English-speaking guides; and all gratuities.
Quoted Journey prices exclude: Airfare to and from Journey destination; any travel protection plan; costs associated with obtaining passports or entry visas; baggage charges (except Mexico); any additional gratuities you may wish to give to drivers, guides, or your intelli.tours Intelligence Officer; snacks and beverages other than those specified in the Journey Itinerary or offered to you on your Journey; optional sightseeing not included in the Itinerary; any personal expenses such as souvenirs, personal items, communication charges, and any optional activities; additional beverages at included meals; any government fees or other such taxes or cost not covered in the inclusions for your Journey; or any other expenses not expressly stated in the Journey Itinerary.
13. SINGLE TRAVELERS
Our quoted and published Journey prices are per person and based on double occupancy. Single occupancy requires the payment of a single supplement for hotel accommodations and is represented by the single price offered on our Website during the booking process. The specific amount of the single supplement may vary by Journey and by date. There are NO other additional single supplement costs on any Journey. At your request, we will make every effort to match you with a same-gender roommate when we receive your booking. You will be required to pay the single supplement when you book your Journey. If we are successful in accommodating you with a same-gender roommate, we will reimburse you the single supplement to the payment method used to reserve your Journey, once it has begun. intelli.tours assumes no responsibility of any type for your agreement to share an accommodation with any other traveler whether we facilitate that arrangement or you organize it yourself.
14. ROOMMATE INCOMPATIBILITY OR CHANGE FROM DOUBLE TO SINGLE
If you or your roommate — even if we assisted in matching you with a roommate — request to be separated during your Journey, it will be your joint responsibility to cover any such costs as indicated by the hotel for the rooming adjustment, and we assume no responsibility for any such adjustments. intelli.tours cannot guarantee the negotiated group rate at any hotel on your Journey when changes are made while traveling — even if in advance of the arrival to a particular hotel. You and your roommate will be liable for the rate quoted by the hotel for the room type or types available, which may be inferior or superior to the room categories offered to intelli.tours for the group. It will be your and your roommate’s responsibility to agree on payment for any additional charges. All accommodation adjustments are based on hotel availability, and we assume no responsibility for the availability — or lack thereof — of accommodations to fulfill your rooming adjustment. In the eventuality that the hotel or hotels cannot offer you accommodation adjustments, we assume no responsibility, nor will we be liable for any reimbursement to you or your roommate for any reason.
15. INCREASES IN TAXES, FEES, OR SURCHARGES
You are responsible for any increases in taxes, fees, or surcharges imposed at any time before or during your Journey by the United States government, any foreign government, tourist agency, airline, or other official entity in the country or countries to be visited. If time allows, we will invoice you these costs and indicate to you the timeframe for payment. Please be advised that nonpayment may result in the cancellation of your Journey and forfeiture of all monies paid toward the cost of the Journey.
16. FLUCTUATIONS IN CURRENCY EXCHANGE RATES
We endeavor to keep land costs set as published. However, the reality is that land costs are quoted to intelli.tours in foreign currency and up to a year in advance of your Journey. While it is unlikely that such costs will need to be adjusted, please be advised that should there be a change of more than 5% between the foreign exchange rate used to calculate the cost of your Journey (as of January 1, 2019, for all trips) and the exchange rate ninety (90) days before departure of your Journey that requires us to increase the land costs, we reserve the right to invoice you for this increase and you agree to pay it within thirty (30) business day of receipt of the invoice. Please be advised that nonpayment may result in the cancellation of your Journey and the forfeiture of all monies paid toward the cost of the Journey.
17. TRIP INTERRUPTION
If due to weather, schedules or other factors your flights or any transportation to reach the starting city of your Journey are delayed you will be responsible for such cost, including any costs you incur to join your intelli.tours Journey. We recommend that you purchase a travel protection plan.
18. FOOD AND BEVERAGE
You understand that food handling and hygiene standards in other countries can be drastically different than those in the United States; that the understanding and ability to accommodate food allergies and other particular dietary needs may be non-existent; that we make no guarantees, representations, or warranties, whether express or implied, regarding any restaurant, market, or other food establishment in which you may eat, nor any food or beverage whether as a part of the Itinerary or a recommendation or offer by us or any Supplier; that it is always your choice and your right to refuse any food offered by us or any Supplier; that you are responsible for any expenses that relate to your food allergies or particular dietary needs that keep you from eating during the included meals or any other time food and beverage is offered; and that you accept sole responsibility for and hold us harmless for all risks and consequences of — medical, financial, and otherwise — including, but not limited to, food poisoning, intoxication, sickness, allergic reaction, inability to participate in an activity on the Journey, or death associated with any food or beverage that you may consume on the Journey — whether offered or included in the Itinerary or recommended by us or any Supplier.
19. BAGGAGE AND PERSONAL BELONGINGS
We assume no liability for loss or damage to baggage in transit to and from your Journey or while on your Journey or any personal belonging or effects that you bring with you. We further recommend that you take advantage of any secured safe in your room or as otherwise maybe offered by the hotel(s) in which you stay on your Journey.
You hereby consent to our use of pictures or video of you in our marketing materials without compensation.
22. PASSPORTS AND VISAS
You are solely responsible for complying with all passport and visa requirements for the Journey. We assume no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for tickets or other travel documents that do not reflect your name exactly as it appears on your passport; and we are not responsible to offer any refund or other compensation in such situations. We recommend that your passport be valid for six (6) months beyond your intended return date and that you have at least one (1) blank visa page within your passport. U.S. passport holders do not require a visa to enter Mexico or France. If you hold a foreign passport, please check with the consulate of the countries on the Itinerary to know if you require a visa to enter.
23. FINAL DOCUMENTS REVIEW
We take the utmost care in making sure the information on your Itinerary and travel vouchers (collectively, “Final Documents”) is complete and accurate, but it is your responsibility to carefully read and review the final documents upon receipt. Failure to contact us in time to allow for the correction and re-sending of the final documents could result in the loss or cancellation of your reservation, tickets, or services listed on the documents for which we will not be responsible and for which in such a case no refunds will be offered.
24. SUBSTITUTION BY US
We will make commercially reasonable efforts to honor the Itinerary as shown for your Journey; however, the final Itinerary may vary due to availability and other factors beyond our control. All schedules, Itinerary destinations, hours of arrival and departure, hotel accommodations, ground transportation, restaurants, shopping, activities, tours, and all other aspects of your Journey are subject to change without prior notice by us or our Suppliers. The Itinerary for your Journey is a tentative representation of each day, and we cannot be held to any specifics of such details as represented on our Website or in any documents we may provide. We may, in our sole discretion, substitute services such as hotels, restaurants, tours, or other services of similar quality (based on our determination) for any service or goods stated in the Itinerary for your Journey. Neither we nor any Supplier, affiliated party, employee, or any other person, party, or entity involved in your Journey shall be required to refund any charges, in whole or in part, for any such changes, modifications, substitutions, or changes that we or they deem necessary to make before or during your Journey.
25. NAME CHANGES
You may make name changes and substitute travelers for your Journey up to five (5) days before departure. We do not charge for name changes, but you may be liable for change fees, on tours other than to Mexico, from transportation providers such as those who provide train transportation. Please note: If the name change or substitution of a traveler is for a Journey booked as a shared double — or for a single accommodation for which we have assisted you in acquiring a roommate to share as a double accommodation — we will require that a consent be signed by the other traveler who will occupy the room, and should that other traveler refuse to accept the name change or traveler substitution, your request will be deemed as a cancellation, your Journey will be canceled, and there will be no refund offered to you per our cancellation policy.
The transfer of a Journey booking to another tour may be allowed at our sole determination and require that you contact us directly by email to email@example.com or by telephone to +1.888.521.6046. While Journey booking transfers may be possible, all such requests are approved on a case-by-case basis, depend on the number of days in advance of departure that the request is made, general availability of future Journeys, and many other factors. Please be advised that there may be additional fees and charges required to make any such changes — including the cost associated if your requested transfers change a double booking to a single booking for a traveler with whom you booked your Journey or agreed to share a double room. There may also be modifications and costs associated with your booking for the Journey to which you wish to transfer. In all cases we reserve the right to refuse such transfers, which may result in the cancellation of your Journey booking and provide no refund per our cancellation policy.
27. MEDICAL CONDITIONS, HEALTH, AND CAPABILITIES
The pacing and physical requirements of your Journey, while not strenuous, do require walking, and many historic sites are only accessible on foot and involve stairs or inclines, roads may be narrow and winding, and facilities may lack any accommodation for physical differences. The Americans with Disabilities Act does not apply abroad. Suppliers on your Journey may not have the infrastructure to make special provisions or to accommodate special equipment that you may require. You must disclose to us when you book your Journey (or at such later time when you become aware of such a condition) of any existing physical or mental illness, disability, pregnancy, or any other condition that may create a health hazard for you or others during the Journey or for which you may require medical attention or special accommodation during the Journey. We will make reasonable efforts, as determined solely by us, to accommodate your needs; however, we regret that neither we nor any Supplier on your Journey can provide individual assistance to you or anyone traveling with you for walking, dining, getting on and off motor coaches and other transportation vehicles, or other personal needs. Travelers who need such assistance must be accompanied by a qualified companion. We may require that, at your expense, we provide you with separate ground transportation and a guide to accompany you as an additional condition of your participation. In addition, we will require that you and anyone traveling with you sign a waiver of liability. We reserve the right to decline any traveler, cancel any booking for any traveler, or remove any traveler from a Journey, at any time, whose condition or requirements, in our sole opinion, or in the opinion of any Supplier on the Journey, cannot be effectively or consistently met or that may affect the health, safety, or experience of other travelers. In such cases any refund offered will be based on our ability to recover our costs for the services reserved.
28. CONDUCT DURING THE TOUR
You are responsible for respecting the authority of and following the directions of our staff, all officials, all Suppliers — including drivers and guides — and the laws and norms of the countries in your Itinerary during your Journey. We may exclude you from participating in all or any part of the Journey if, in our sole discretion, your condition or behavior renders you unfit for the Journey or unfit for continuation once the Journey has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate, illegal, immoral, or offensive, or interferes with the delivery of Journey services or may constitute a hazard or embarrassment in any way. Should we deem it necessary to exclude you from the Journey you will forfeit the trip cost, and we shall have no liability, financial or otherwise, and you agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your actions as outlined above or those of anyone whom you booked on the Journey who may claim that you were not authorized to agree to this Participant Agreement on their behalf.
29. SUPPLIERS’ ACTS OR OMISSIONS
We organize and arrange the travel services detailed in your Itinerary including air transportation, ground transportation, lodging tours, guides, dining, and food. We do all in our power to assure that all Suppliers are compliant with local legal and business requirements. We do not own or operate any of these Suppliers. The Suppliers providing travel services for your Journey are independent contractors and are not agents or employees of intelli.tours. By utilizing the services of the Suppliers on your Journey, you agree that we assume that we are not responsible for direct, indirect, consequential, or incidental damage, injury, loss, accident, sickness, delay, or irregularity of any kind occasioned by reason of any act or omission, including, without limitation, any negligent or willful act or failure to act of, or breach of contract by, any Supplier or any other third party on your Journey. Your Journey may include visits to shops, artisan communities, markets, and other merchants. We are not responsible for any purchases you make during your trip, whether or not that merchant is part of the scheduled itinerary or recommended by us or any Supplier. You further understand that even if a Supplier wears an intelli.tours logo on his or her clothing or otherwise identifies himself or herself as with intelli.tours by use of our logo or name that such usage of our logo and name is only for identification purposes for you and others on the Journey and does not in any way indicate that the Supplier is an intelli.tours employee.
30. LIMITATION OF LIABILITY & DAMAGES AND ASSUMPTION OF RISK
Your participation in the Journey or any intelli.tours offering is at your own sole risk. While we strive to coordinate a safe, pleasurable, and memorable trip for all customers, all aspects of international travel involve risk. We assume no responsibility for any personal injury, death, sickness, property damage, losses, or expenses or other loss, accident, delay, inconvenience, or irregularity that may be occasioned by reason of any matter beyond our exclusive and direct control, including but not limited to any act by any of our Suppliers; a delay or cancellation that causes you to miss all or any portion of the Journey; mechanical or other failure of airplanes or other means of transportation; the failure of any transportation mechanism to arrive or depart on time; accidents; unstable areas or other unsafe conditions; sanitary conditions; dangers of local law enforcement activity; different building, safety, health, and maintenance standards; acts of God; acts of government; acts of war (declared or undeclared); quarantines; embargoes; blockades; criminal activities; kidnapping; terrorist acts; riots; disaster; weather extremes; strikes or any other act; force majeure; or any event beyond our direct control. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions. You understand that building codes, safety standards, regulatory enforcement, and laws are not those of the United States and may provide for less safe and secure facilities and general conditions. You assume all of these risks and dangers, including injury and death, and you agree to forever release, discharge, and hold us and our agents, employees, officers, and directors, harmless against any and all liability, actions, causes of actions, suits, claims, and demands of any and every kind and nature whatsoever, which you now have or which may hereafter arise out of or in connection with your Journey or participation in any activities on Journey. In no event will we be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the Journey, even if advised of the possibility of such damages. You also agree that in the event of a claim by you or any other traveler on a Journey relative to the services, arrangements, or any other liability whatsoever for which we may be responsible, our liability shall not exceed the total amount paid to us for the Journey. This LIMITATION OF LIABILITY & DAMAGES AND ASSUMPTION OF RISK section is in addition to, and not a limitation of, the other terms and conditions detailed in this Agreement.
31. TRAVEL ADVISORIES AND WARNINGS
It is your responsibility to become informed about the most current travel advisories and warnings. We recommend contacting the Travel Warnings Section of the U.S. State Department at 202.647.5225 or www.travel.state.gov, and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at 877.FYI.TRIP or www.cdc.gov/travel. Your decision not to participate in the Journey due to State Department warnings will be deemed a cancellation and handled per our cancellation policy as outline above.
32. ARBITRATION AND WAIVER OF TRIAL BY JURY
You agree to present any claims against us in writing by certified mail within ninety (90) days after the Journey ends. If we are unable to mutually resolve your claim, in lieu of litigation or jury trials and any judicial forum — each of which is expressly waived — any dispute concerning, relating, or referring to this Agreement or Supplement, any brochure or any other literature concerning your Journey, any information on our Website or on social media, or the Journey itself, shall be resolved exclusively by binding arbitration in Des Moines, Iowa, according to the then existing rules of practice and procedure of the Iowa Arbitration Association LLC. The decision by the arbitrator(s) shall be the final and binding resolution of the dispute. Such proceeding will be governed by the substantive law of the State of Iowa. The arbitrator(s) 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 Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable.
intelli.tours reserves the right to correct any errors or omissions in our published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation or necessity. All amended Terms and Conditions shall automatically be effective upon being posted to the Website (www.intelli,.tours). We advise you to check the Website (intelli.tours) prior to travel in order to ensure you are aware of any changes.