Terms of Service
THIS DOCUMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN Global Citizens Travel LLC., DOING BUSINESS AS Global Citizens Travel LLC, AND YOU, THE "CUSTOMER." AFTER READING THIS ENTIRE CUSTOMER AGREEMENT (THE "AGREEMENT"), IN ORDER FOR YOUR TRAVEL ("TRIP") RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS OF SERVICE FOUND IN THIS DOCUMENT.
- PARTIES TO THIS AGREEMENT: Global Citizens Travel LLC., d/b/a Global Citizens Travel LLC, (herein referred to as "Tour Operator") has arranged the Trip described within this brochure/flier/invoice/website/confirmation. The Tour Operator is not the operator of ancillary services and optional extras that are not included in the price of the Trip or for services which it does not ultimately accept payment for. The operators of these services and optional extras are local suppliers who contract directly with the client "on the road". In addition, no employee of the Tour Operator, other than a director, has authority to modify or omit any of the terms contained herein, or promise refunds to the Customer. The traveler (herein referred to as "Customer," "I," "you," or "your") who has reserved a Trip as described in this brochure/flier/website/invoice/ confirmation and who intends to participate in the Trip so reserved and by such participation, signing the attached booking form and payment as provided for in this Customer Agreement ("Customer Agreement" or "Agreement") hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
- SALES AGENT: The sales agent of Global Citizens Travel LLC, its owners, officers, agents, employees, directors, contractors and subcontractors, acts only as the sales agent for the Tour Operator and the operators, outfitters, owners, contractors and suppliers used in conjunction with the programs in this brochure. Sale Agents accepts bookings on behalf of the Tour Operator and the Customer on the condition that neither sale agent nor any associate organization, agent, employee, contractor or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by the act, neglect or default of sale agent, owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible.
- BOOKING PROCEDURE: Your booking is not accepted and no contract exists until the Sales agent has received a properly completed booking form, either electronically or in handwritten form along with the appropriate deposit and has confirmed your booking in writing. This will occur upon completion of payment from the Customer. Either sales agent or the Tour Operator may in its discretion refuse any booking and may at any stage cancel an accepted booking without giving any reason therefore.
- PRICES & FEES: All Trip prices quoted are based on the official rate of exchange and costs at the time of this brochure/flier/invoice/ website/confirmation going to press, and are, therefore, subject to any currency fluctuations, adjustments, changes in costs, surcharges for fuel, flights etc. made since that date. Sales agents and/or the Tour Operator reserve the right to amend these prices in accordance with such changes. Once the Trip has started, no refunds will be made under any circumstances for any unused sector(s) or section(s) of the Trip. You may not give, sell, assign or in any way transfer your booking to another person.
- TRAVEL DOCUMENTS: Customers must be in possession of valid passports and any visas, permits and certificates required for the whole of their Trip and shall arrange such vaccinations as are normally recommended for the countries through which they intend to travel including those vaccinations recommended by the Tour Operator. Information as to these matters and as to climate, clothing, baggage, gear, and similar matters is given in good faith but without responsibility on the part of the Tour Operator.
- ACCOMMODATIONS: The Tour Operator acts only as an agent for Customers in connection with hotel accommodations, camping arrangements, sight-seeing tours and all kinds of transportation (other than tours or transportation provided and operated directly by the Tour Operator itself). The Tour Operator will use due diligence in so acting, but subject to that, shall be under no liability with respect to any matter whatsoever arising in connection with such hotel accommodations, camping arrangements, sight-seeing tours and transportation. Arrangements so made by the Tour Operator will be subject to any special terms imposed by the hotel or site owners, tour providers or providers of transport.
- ITINERARIES: Occasions may arise when the Tour Operator cannot follow its advertised itineraries or cannot maintain its advertised schedules for travel and stopping. It may also be necessary for the Tour Operator to use alternative forms of transport than those advertised. Such advertised itineraries, schedules and vehicle usage are put forward as statements of intention only and not as representation or undertakings that they will be carried out. The Tour Operator may, without liability on its part, at any time alter and/or cancel any Trip or part thereof including any hotel or camping accommodations if it deems necessary to do so. In the event a Trip is cancelled prior to the date of departure, the Tour Operator shall repay any monies received by it if the cancellation is not caused by matters beyond the Tour Operators reasonable control. The Tour Operator shall not be liable for delays in, deviations or omissions from, any Trip or route, howsoever caused, or for any direct or indirect consequences thereof. Global Citizens Travel and the Tour Operator are not liable for any penalty charges associated with connecting airfares in the event of Trip cancellation or schedule changes. When in the opinion of the Operators representative it is necessary in the interest of safety, or for the satisfactory continuation or termination of a Trip, to incur extra expense, the Tour Operator may do so and recover the same from clients. The Tour Operator reserves the right to use alternative forms of transportation and/or vary the itinerary if force majeure, breakdown, accident, sickness, etc. make such a change necessary. The Tour Operator shall not be liable for any information or handouts given by Trip leaders. Such information is given in good faith but without responsibility on the part of the Tour Operator or its local agents. Customers will accept the authority and decisions of the Tour Operators employees and agents during a tour.
- INSURANCE: Customer, together with his/her personal property including baggage, are at all times solely at his/her own risk. It is therefore a condition of booking that all Customers adequately insure themselves against personal accident, repatriation, personal liability, illness, injury or death for the duration of their Trip and to insure fully against loss or damage to their property. Neither the Sales Agent nor the Tour Operator, including their owners, officers, agents, employees, contractors and subcontractors, shall in any circumstances whatsoever be liable with respect to any personal injury, illness or death, or damage to or loss of property. It is the Customers responsibility to ensure that any travel insurance arranged by the Sales Agent or Tour Operator is adequate, as the Sales Agent or Operator accepts no responsibility for this; and Customer should arrange supplementary insurance if need be. With respect to the terms contained in this Paragraph 8, the Tour Operator is, or shall be deemed to be acting on behalf of all persons who may be their servants or agents from time to time. It is the Customers responsibility to take documentary evidence of personal travel insurance to show to the Trip leader before joining the Trip.
- RISKS AND WARNINGS: By its very nature, your Trip may involve an element of personal risk and potential hazard not normally associated with such tours. Customer must accept these attendant risks and hazards. Customer must also accept that safety standards of hoteliers and other suppliers of accommodation, local transport and other operators in most of the countries visited during the Trip may not be of the same standard as in Customers home country. Due to political and cultural differences, as well as generally tougher physical conditions, travel to many areas of the world involve risks other than those we take in our daily lives. Sale Agent and the Tour Operator place extreme importance on the safety of Customers. It is important, however, that Customers realize that they are responsible to make themselves aware of the risks involved, and are responsible for making their travel decisions accordingly. For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the US State Department, (202)647-5225, http://travel.state.gov/travel. For medical information, contact the Center for Disease Control, (877)394-8747, www.cdc.gov/travel.
- REMOVAL OF CUSTOMER FROM TRIP: Customers are responsible for informing Sales agent and the Tour Operator at the time of booking of any known illnesses, disabilities or medical condition, or, if not known at the time of booking, at the earliest opportunity thereafter prior to the departure of the Trip. Any Customer found to have an undeclared or understated medical condition may be ordered to leave the Trip with no refund of the fare and with no liability to the Tour Operator, sale agent nor any associate organization, agent or employee. The Tour Operator reserves the right to remove a Customer from a Trip, if in the opinion of the Tour Operator or a Trip leader or equivalent, the health or conduct of the Customer (immediately before or at any time after departure) appears likely to endanger the Customer or others. In the event a Customer is so removed or his/her participation terminated, the Tour Operator shall have no responsibility towards the Customer and no refund shall be due. In the case of ill health, the Tour Operator may at its discretion make such arrangements as it sees fit and recover the cost thereof from the Customer. Customer must give to the Trip leader their local payment and/or flight cost as shown in the brochure and updated if applicable, at the beginning of the Trip. Failure to do so will be deemed a breach of contract on the part of the Customer whereby the Customer will not be carried on the Trip and the Tour Operator shall have no responsibility to or for the Customer and no refund shall be due. Customer(s) must follow the Trip joining instructions issued to them. Neither Sale agent nor the Tour Operator will be responsible for any extra expenses or inconvenience caused through noncompliance with those instructions.
- AIRLINE CLAUSE: This brochure/flier/invoice/website/confirmation is issued on the sole responsibility of the Tour Operators. It is not issued on behalf of and does not commit the airlines mentioned therein or any airline whose services are used in the course of the Trip. Fare levels and conditions are subject to change. The responsibility of participating air carriers is limited. The airlines concerned may not be held liable or responsible for any inconvenience, loss, damage, or injury arising out of or in connection with the Trip services described herein, other than their liability under the tickets and tariff provision for carriage by air furnished them.
- CLAIMS: The Tour Operator shall not be liable for claim made by a Customer unless adequate written notice of such claim is received by the Tour Operator within 28 days of the end of the Customers Trip, in respect of which the claim is made. The Tour Operator shall not in any circumstances whatsoever be liable to a Customer for any cause or causes whatsoever for matters arising out of or in connection with a Trip for a total sum in excess of the price of the Customers Trip. The Tour Operator shall not be liable for damages for loss of enjoyment or disappointment or inconvenience or discomfort.
- COMPENSATION: Compensation for personal injury is limited in accordance with the provisions of any applicable International Conventions. These include, for example, in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation is limited to the provisions of, respectively, the Geneva Convention 1973, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
- PERSONAL INSURANCE: Customer acknowledges and accepts that there may be no policy covering the Tour Operators liability to its clients for death, injury, damage or loss occurring anywhere in the world. Customer also specifically acknowledges that with respect to passenger accident liability coverage, this coverage may be very limited or may not exist at all. Customer acknowledges that the Tour Operator has taken reasonable steps in safeguarding its liability. Although the Tour Operator has the right to hold various insurances, this booking condition states that the Customer must assume he/she is not covered by any Tour Operator insurance policy, including all liability insurance, for death, injury, damage or any other loss. It is compulsory that all customers are individually insured, either through the Tour Operator or independently. This insurance must cover personal accident, medical expenses, 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 Customer. It is compulsory that all Customers have personal travel insurance. This insurance must be for a sum which the Customer accepts as adequate. Where the Customer has purchased travel insurance through the Sales Agent, the Customer acknowledges that he or she is satisfied with the levels of insurance arranged by the Sales Agent. Where he or she has not purchased any such insurance, the Customer acknowledges that the price of the Trip alone does not include the cost of any insurance. When purchasing travel insurance from a source other than the Sales Agent, the Customer must ensure that the insurer is aware of the type of travel to be undertaken. In the event that a Customer has cause to call upon his/her travel insurance and the travel insurance is either found to be deficient, not valid (or they have no travel insurance), and the Tour Operator is forced to pay out for costs on behalf of that Customer, then all costs will be recoverable from the Customer. The Customer acknowledges that insurance for spouse and other dependents is an important matter for which the Customer accepts full responsibility. BECAUSE MOST TRAVEL INSURANCE POLICIES ONLY COVER EXPENSES WHILE OVERSEAS AND REPATRIATION, CUSTOMER IS ADVISED TO PURCHASE AN INSURANCE POLICY TO COVER ANY FUTURE CONSEQUENTIAL LOSS THAT YOU MAY INCUR (e.g. LOSS OF EARNINGS, DISABILITY, MEDICAL CARE, ETC.) CAUSED BY ILLNESS, ACCIDENT OR INJURY.
- TOUR OPERATORS RIGHTS: Any likeness or image of you secured or taken during your participation in a Trip may be used by the Tour Operator without charge or consent, for any advertising, brochure and video production, and other marketing uses (including footage for television) without obtaining further consent. The Tour Operator also reserves the right to use any comments you make regarding the Trip on any questionnaires or letters in future promotional literature.
- CANCELLATION: In the event of cancellation of the booking by the Customer due to illness or any other reasons, the Tour Operator will retain the deposit if such cancellation is received more than 60 days before departure. If the cancellation occurs within 60 days of departure, the entire Trip fare is forfeited by the Customer. The date of cancellation is the date that the sales agent receives written notice of cancellation from the person receiving original payment confirmation of the Trip. Global Citizens Travel also has the right to handle cancelations case by case and offer a percentage of the trip's total cost back to clients at its own discretion and not necessarily equally. Your booking will be cancelled by the Tour Operator should you fail to pay the balance of all monies at the time of booking. Due to the Tour Operator or, any surcharges not then requested which must then be paid within 14 days of request and in any event before departure. In either case, the cancellation charges provided herein shall apply.
- ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure/flier/website/invoice or any other literature concerning my Trip, the Trip itself or any claim for damages due to injury or death which occurs during or in connection with the Trip shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in an arbitration conducted in Atlanta, Georgia, U.S.A. Such proceedings will be governed by substantive Michigan law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrators decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
- WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
- EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF MICHIGAN, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MICHIGAN, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
- SEVERABILITY: The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
- WAIVER: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
- EXCLUSIVITY: Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of Sales agent and/or the Tour Operator and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
- ACKNOWLEDGMENT OF RISK: You understand and acknowledge that your travel in connection with and participation in the Trip arranged at your request by sales agent and the Tour Operator may involve risk and potential exposure to injury and possibly death. You specifically acknowledge and recognize the potential for injury and death which can result from irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of sales agent and the Tour Operator or the negligence or participation of other participants, contractors and/or subcontractors to sales agent and/or the Tour Operator. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
- EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this Trip in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of sales agent or the Tour Operator.
- RELEASE OF LIABILITY: In consideration of the services and arrangements provided by Global Citizens Travel and the Tour Operator, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify sales agent and the Tour Operator, and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Trip and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF GLOBAL CITIZENS TRAVEL AND THE TOUR OPERATOR.
- EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against Sales Agent and/or the Tour Operator its owners, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.