| Terms & Conditions |
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Terms & Conditions 1. How to Book To reserve your place on a tour, you should complete the booking form, together with a non-refundable deposit of 30% per person of the total amount to your travel agent. 2. Payments The prices quoted in this tour are for payments in cash, money order, bank transfer, or credit card. The balance of the tour price is payable to Turpial Travel & Adventure 30 days prior to departure. If the trip is a last minute booking, payment deadline will be sent when Turpial Travel & Adventure and its clients confirm the booking. Prices are quoted in US dollars and all payments must be made in US dollars, unless agreed otherwise by Turpial Travel & Adventure. 3. Amendments, Transfers & Cancellations Amendments: If you wish to make amendments to your travel arrangements, you must notify Turpial Travel & Adventure in writing. Each amendment to your tour arrangement will incur a $50 administration fee per booking, per person, in addition to the cost of any extra services required. The client must also understand and accept that Turpial Travel & Adventure may not be able to accommodate or guarantee new requests. All administration fees must be paid prior to departure. Transfers: If you wish to transfer from one tour to another and/or change your destination in Venezuela, you must notify Turpial Travel & Adventure in writing. Once Turpial Travel & Adventure receives your notice the transfer will take place subject to the following charges: • If your notice is received more than 30 days prior to original departure date, a $100 fee will apply. In addition, any increase in airfare or operational services will be payable by you; or • If your notice is received within 30 days prior the original departure date, 50% of your original tour price will be forfeited provided your notice is received 15 days prior to your original departure date, otherwise 100% of your tour price will be forfeited. • If you cannot travel for a reason such as illness, injury, or death, Turpial Travel & Adventure will agree to transfer the booking to another person provided it receives a written request at least 30 days prior to departure. The client must pay a US$100 administrative fee, pay any penalties charged by suppliers, and understand that airlines may impose a 100% cancellation fee and charge a different rate for new tickets. Note: Any requested amendment to tour arrangements or transfer from one tour to another is subject to availability and the agreement in writing of Turpial Travel & Adventure. Cancellations: If you wish to cancel your tour, you must notify Turpial Travel & Adventure in writing. Once Turpial Travel receives your notice, cancellation will take effect subject to the following: • If cancellation takes place more than 30 days prior to your departure date, your full deposit will be forfeited; • If cancelation takes place between 30 and 15 days prior to departure date, 50% of the tour price will be forfeited; and • If cancellation takes place less than 15 days prior to departure date, 100% will be forfeited. 4. Rout Changes, Postponements, Cancelation or Delay Turpial Travel & Adventure reserves the right to: • Change the date of departure or conclusion of tour, or • Modify any aspect of the tour, • Cancel or modify any routs within the tour or objectives set out in the itinerary, • Substitute different or equivalent routs within the tour in place of cancelled or modified routes, or • Postpone, cancel or delay (either in relation to the departure or arrival times of the duration of the tour) any such aspect of the tour, if in the absolute discretion of Turpial Travel & Adventure, it is necessary to do so due to weather conditions that are otherwise likely to be hazardous or dangerous or due to any adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Turpial Travel & Adventure there is such likelihood of any such event occurring which may impact the safety of the participant, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation of any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. Turpial Travel & Adventure also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event condition 3 applies in respect of the cancellation or transfer of a tour. Travel insurance may compensate you depending on the circumstances. 5. Airline Turpial Travel & Adventure is not liable for any penalty charges associated with non-refundable air fares, even if caused by a change of tour departure times, dates or airports. 6. Insurance Insurance is mandatory for all our clients. Personal travel insurance is not included in the tour price. It is a format condition of booking a tour with Turpial Travel that you are adequately insured for the full duration of the tour in respect to emergency evacuation, illness, injury, death, loss of baggage and personal items and cancellation and curtailment. 7. Medical Disclosure You declare and warrant that: • You are in good health and mental and physical fitness at the time of booking this tour; • You have disclosed to Turpial Travel & Adventure every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably expected to know, that this relevant to Turpial Travel & Adventure decision to permit you to go on this adventure tour. • Immediately upon any adverse change in your health or fitness that may be likely to affect Turpial Travel & Adventure’s decision to accept the risk of permitting you to go on the adventure tour, you will notify Turpial Travel in writing of any such adverse change. You acknowledge that the obligation to disclose under the condition continues from the time of booking the tour through the departure and extends for the duration of the tour. If you fail to comply with the duty of disclosure in this condition and if Turpial Travel & Adventure would not have permitted you to undertake this tour, or continue participation on the tour, had you made full disclosure under this condition, Turpial Travel & Adventure will not be liable, except to the minimum extent required by law, for personal injury, death and property damage and loss incurred by you. 8. Groups and Families The client signing the contract with Turpial Travel & Adventure has the authority to do so on behalf all the persons named in the booking form, and confirms that they are fully aware of the booking being made on their behalf and that they accept these terms and conditions. 9. Tour Prices Turpial Travel & Adventure reserves the right to amend tour prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including but not limited to: exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, and/or the need to engage alternative air or ground operations. Any increase in tour prices must be paid prior to departure date. 10. Exclusions from Tour Price The following items are excluded from the tour price: • Personal travel insurance • Visa, passport and vaccination charges • Departure, airport and airline taxes • Extra emails, transport costs, accommodation costs, or other expenses not included in the itinerary • Laundry, postage, personal clothing, medical expenses and items of personal nature • Emergency evacuation and/or emergency search changes • Tips and excess baggage charges 11. Force Majeure If Turpial Travel & Adventure is prevented (directly or indirectly) from performing any of its obligations under the agreement by reason of act of God such as strikes, trade disputes, fire, breakdowns, interruption of transportation, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Turpial Travel & Adventure’s reasonable control, Turpial Travel & Adventure will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 4. 12. Assumption of Risk You acknowledge that: • By the very nature of the adventure holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays; and • In the regions in which adventure travel us undertaken, standards of accommodation, transport, health care, hygiene, safety and service precision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part; and • Operational control of the tour may be in the hands of a third party and that performance is against the third party and not against Turpial Travel & Adventure; • And additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and • The enjoyment and excitement of adventure travel is derived in part from the inherit dangers and risks associated with adventure travel and those inherit dangers and risks are a reason why you wish to undertake the adventure tour; and • You have submitted booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by your government and that it is your responsibility to acquaint yourself that information or advice, for the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss. 13. Disclaimer You accept that: • Turpial Travel & Adventure may act as a booking agent for third-party tour operators and accepts no liability for the acts or commissions of those third-party tour operators; and • Turpial Travel & Adventure will not be liable for any breach of any law by any person with whom you travel on the tour; and • You many not rely on any representations concerning the tour made by Turpial Travel & Adventure which are not contained in these conditions. 14. Release and Waiver of Liability In consideration of Turpial Travel & Adventure accepting your booking application and in consideration of you being permitted by Turpial Travel & Adventure to join the tour: • You release Turpial Travel & Adventure and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the country in which the tour is conducted (each of whom are collectively referred to as “Turpial Travel Team”) from all cost, liability, loss or damage incurred or suffered by you directly or indirectly during the course of the tour and resulting from your personal injury, illness or death or damage to or loss of your property unless caused by the willful negligence of wrongful act of Turpial Travel & Adventure and its employees; and • You waive any claims you have, or may at the time have, against Turpial Travel & Adventure and its employees and you agree, by accepting the additional inherit dangers and risks associated with the tour, not to make any claim against or seek any compensation from Turpial Travel & Adventure and its employees in respect of any personal injury, illness or death suffered by you or damage or loss of property sustained by you as a result of your participation in the tour. 15. Jurisdiction & Dispute Resolution This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Venezuela. The parties hereby agree to submit to the non-exclusive jurisdiction of the Courts of Venezuela in respect to all matter arising out of this agreement. • The parties shall use to their best endeavors to resolve amicably any disagreement or dispute between them arising out of or in connection with this agreement through negotiation • If after thirty (30) working days from the commencement of such negotiation, the parties have been unable to resolve the dispute, the dispute shall be submitted to arbitration in Spanish and in Venezuela. |
