Introduction to Terms & Conditions
Please read carefully
The purchase of any travel services offered by Enchanting Travels, Inc. (the “Company”) is subject to the terms and conditions set out herein (the “General Terms and Conditions”). Please read the following information carefully. IN PARTICULAR, YOUR ATTENTION IS DRAWN TO SECTIONS 8, 11 AND 12 REGARDING YOUR WAIVER OF JURY TRIAL AND CLASS ACTION, OUR LIMITATION OF LIABILITY, THE ACTS AND RESPONSIBILITIES OF INDEPENDENT CONTRACTORS AND THE TIME PERIODS FOR YOU TO MAKE ANY CLAIMS. YOUR ATTENTION IS ALSO DRAWN TO SECTION 9.5 IN RESPECT OF YOUR CONDUCT DURING (AND BEFORE) A TOUR. In order for a booking to be completed, the customer (“You” or “Your”) must indicate that You accept these General Terms and Conditions by completing and submitting Your booking form as set forth below. You are advised to check the Company’s website located at www.enchantingtravels.com for the latest version of these General Terms and Conditions, which are also available upon request from the Company.
- Tour Contract
1.1. Trip Confirmation
1.1.1. In order to place a booking with the Company for a holiday (the “Tour”) You must complete the booking form which You can access through the “BOOK TRIP” button on Your online proposal which will be made available to You on the Company’s website by following the link which will be sent to You by email after the Company has provided You with the initial proposal for the Tour. Once received, Your completed booking form shall constitute acceptance of these Terms and Conditions, which creates the contract between You and the Company in respect of the Tour (the “Tour Contract”). Once You have completed the booking form You shall be provided with a trip confirmation that confirms that Your booking for the Tour has been made (the “Trip Confirmation”). The Trip Confirmation forms part of the Tour Contract.
1.1.2. The Trip Confirmation will include (i) important details and terms for the Tour, (ii) a link to these General Terms and Conditions and any other policies or conditions of the Company, and (iii) an invoice for the Tour.
1.1.3. In the event of any conflict between the terms of the Trip Confirmation and these General Terms and Conditions, these General Terms and Conditions shall take priority.
1.2. Confirmation on behalf of other travellers
1.2.1. By placing a booking for the Tour, You are creating a contractual relationship between the Company and You, the lead passenger (individually and for and on behalf of the other passengers travelling with You on the Tour) on the basis of the Trip Confirmation and these General Terms and Conditions. For the avoidance of doubt, any reference to You is a reference to You as an individual and/ or, as applicable, any other guest travelling with You on the Tour.
1.2.2. You shall cause all other travellers to be advised of, review, and accept the terms and conditions of the Tour Contract, and You acknowledge such other passengers have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. It is Your responsibility to ensure that all other passengers comply with the Tour Contract. A copy of the Trip Confirmation and these General Terms and Conditions shall be emailed to all passengers named on the Trip Confirmation after the Tour Contract is confirmed.
1.3. Delivery of relevant travel documents by the Company
Approximately one month before the departure date of the Tour the Company will send You all of the travel documents which are required for your participation in the Tour.
2. Payment
2.1. Tour Price
2.1.1. The invoice included in the Trip Confirmation contains details of the costs associated with the Tour (the “Tour Price”), which includes (without limitation) the cost of the products and services of the Tour, other related expenses and all applicable taxes.
2.1.2. Unless otherwise set out in the Trip Confirmation, You shall make payments in accordance with the below payment terms for the Tour:
(i). upon the date that the Trip Confirmation is issued by the Company, You shall be required to pay an initial payment of forty percent (40%) of the total Tour Price; and
(ii). a balance payment of sixty percent (60%) of the total Tour Price shall be paid by no later than hundred twenty (120) days prior to the departure date of the Tour.
2.1.3. If the Trip Confirmation is issued within, and including, hundred twenty (120) days of the departure date of the Tour, then the entire amount, i.e. one hundred percent (100%) of the total Tour Price shall be payable upon the date that the Trip Confirmation is issued by the Company.
2.1.4. All payments which are due under the Tour Contract shall be paid by either (i) wire transfer to the Company’s bank account, (ii) by check which can be mailed to the Company at Enchanting Travels, Inc., 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA or (iii) by credit card using a secure payment link which shall be provided to You by the Company.
2.1.5. To cover the cost of processing a credit or charge card transaction, and pursuant to applicable state regulations (including, with respect to Colorado, section 5-2-212, Colorado Revised Statutes), the Company imposes a surcharge of 2.7% for all credit card payments, including the deposit and all balance payments. This surcharge is not greater than the Company’s acceptance costs for credit card transactions and does not apply to payment via debit card, wire transfer or check or redemption of a gift card, or to credit card payments with a billing address in Connecticut, Massachusetts, or Puerto Rico.
2.2. Revision of prices
2.2.1. It is possible that the prices quoted in the invoice may need to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You within a reasonable period of time. In the event that You fail to make such additional payment(s) then the Company reserves the right to cancel the Tour Contract without liability.
2.2.2. All advertised prices are accurate as of the date of publication, but the Company reserves the right to change any of those prices from time to time.
3. Services
3.1. The Company agrees to provide to You with the services described in the Trip Confirmation or any other services which the Company agrees to provide to You in writing, subject to any additional charges as applicable, in writing beyond those which are set out in the Trip Confirmation.
3.2. The services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel which comprise the Tour and You and the Company are bound to operate in accordance with such laws, rules and regulations.
4. Force Majeure and changes to the Tour Contract
4.1. The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from any acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, (without limitation): acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), telecommunication breakdown or power outage, or inability or restraints or delays affecting carriers/suppliers and delay in obtaining products or services of or from carriers/suppliers, including but not limited to if a carrier/supplier becomes insolvent, generally unable to pay its debts as they become due, makes a general assignment for the benefit of its creditors the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding, or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such carrier/supplier or an event analogous to any of the foregoing occurs in the jurisdiction of the relevant carrier/supplier.
4.2. For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfil the Company’s obligations with respect to the Tour, including any obligations under the Tour Contract.
4.3. In the event that a Force Majeure Event occurs, the Company may, in its sole discretion, choose to cancel the Tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You. Where such cancellation or termination due to a Force Majeure Event occurs after the Tour has commenced, the Company will take reasonable measures to bring You back to Your point of origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
4.4. Where a Tour is temporarily suspended due to a Force Majeure Event, You shall not be entitled to any refunds from the Company, including, but not limited to, any refunds for limitation and/or non-availability of certain services including (without limitations) museums, restaurants, sightseeing, shopping etc. even though such services are included in the Tour itinerary.
4.5. Notwithstanding clause 4.1. to 4.4 above, the Company reserves the right to change or cancel any component part of the Tour prior to the departure date for any reason. In such circumstances, unless the cancellation or other non-fulfilment of the Tour is due to a Force Majeure Event, the Company shall refund You any amounts in respect of the cancelled component which has been paid to the Company without any further obligation or liability on the part of the Company.
5. Changes to the Tour Contract by You
5.1. You may request any changes to the Tour Contract at any time in writing to the Company. In such circumstances, and subject to availability and the Company’s ability to accommodate any change request, the Company shall provide You with a revised trip confirmation incorporating the changes (“Revised Trip Confirmation”). If the Revised Trip Confirmation requires You to make any additional payments then the Company shall also issue You with a new invoice incorporating such changes. Any changes to Your booking are subject to the payment of an administration fee of USD $300. The updated contract for the Tour (“Revised Tour Contract”) shall not come into effect unless and until the additional payment(s) have been received from You in respect of both Your booking and the administration fee. For the avoidance of doubt any reference to a Tour Contract shall, as applicable, be deemed a refence to the Revised Tour Contract.
5.2. Any changes to the Tour requested by You and accepted by the Company, including (without limitation) changes to the Tour dates, shall constitute a change to the Tour Contract and as applicable will be subject to the cancellation rates set out in section 6.2. and/or 6.3. below. In addition, any additional costs associated with the change (e.g. higher rates on new tour dates) shall be borne 100% by You and the Revised Tour Contract shall not be effective until such amounts are received in full by the Company.
6. Cancellations to the Tour Contract by You
6.1. You may cancel the Tour Contract at any time by providing written notice to the Company, subject to the cancellation policies in section 6.2. and section 6.3. below. The date of cancellation is the date upon which the Company receives notice of Your cancellation request.
6.2. Other than where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 91 or more days prior to the start date of the tour – 25 % of the Tour Price
- 31-90 days prior to the start date of the tour – 60 % of the Tour Price
- 30 days or less prior to the start date of the tour – 100 % of the Tour Price
6.3. Where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 120 or more days prior to the start date of the tour – 25 % of the Tour Price
- 90-119 days prior to the start date of the tour – 75 % of the Tour Price
- 89 days or less prior to the start date of the tour – 100 % of the Tour Price
6.4. The cancellation terms in sections 6.2. and 6.3. shall include any additional amounts which have been paid, or become payable by You, in respect of the Tour that are not listed in the Trip Confirmation and in the event of any cancellation such additional amounts shall be included within the Tour Price. For the avoidance of doubt any credit card surcharge or insurance purchased pursuant to section 14.3.2 are to be treated as separate to sums paid in respect of the Tour.
6.5. In the event that there is any cancellation, or shortening of Your Tour, or You do not use a portion of the Tour on, or after, the Tour departure date, there shall be a cancellation fee of 100% of the portion of the Tour that is cancelled, shortened or unused. For the avoidance of doubt, no refunds will be provided for any portion of the Tour which is cancelled, shortened or unused from, and after, the departure date of the Tour.
6.6. The cancellation of or changes to any applicable international flights booked by the Company as part of the Tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.
6.7. The Company shall pay any applicable refund amount which is payable under these General Terms and Conditions within thirty (30) days of the receipt of the request or instruction to cancel or change the Tour.
7. Disclaimer of Warranties
7.1. The Company makes no warranty whatsoever with respect to any of the services provided under the Tour Contract, including without limitation any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
8. Limitation to liability
8.1. COMPANY’S LIABILITY
8.1.1. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU, OTHER TRAVELERS OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.1.2. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE).
8.1.3. THE COMPANY TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY LOSS OF LIFE, LIMB, PROPERTY, MONEY, SICKNESS, DELAY, DISCOMFORT OR HARDSHIPS SUSTAINED BY YOU ON ACCOUNT OF ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS HIRED OR BOOKED BY THE COMPANY TO PROVIDE SERVICES FOR THE TOUR. YOU AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE THIRD PARTY SERVICE PROVIDERS AND NOT TO HOLD THE COMPANY RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.
8.1.4. IN ADDITION, THE COMPANY ALSO TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY ACT OR OMISSION OF YOU OR ANY OTHER TRAVELERS, OR ANY RESULTING INJURY, DAMAGE, DANGER TO LIFE, LIMB OR PROPERTY, DELAY OR HARDSHIPS TO YOU OR ANY OTHER TRAVELER AS A RESULT OF SUCH ACT OR OMISSION.
8.1.5. THE COMPANY IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF YOU OR ANY OTHER TRAVELER UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY. FOR THE PURPOSES OF THESE GENERAL TERMS AND CONDITIONS, ANY INJURY, ILLNESS OR DEATH OF YOU OR ANY OTHER TRAVELER CAUSED BY A FORCE MAJEURE EVENT WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY.
8.2. Assumption of Risk
8.2.1. You understand and acknowledge that all participation in the Tour may involve risk and potential exposure to illness (including, but not limited to infectious diseases such as, for example, (1) the risk of coming into close contact with individuals or objects that may be carrying an infectious disease; (2) the risk of transmitting or contracting an infectious disease, directly or indirectly, to or from other individuals), injury (including, but not limited to emotional injury or injury to person or property) and death. You also realize and acknowledge that risk, dangers and hazards may be caused by the negligence, fault or wrongdoing of other guests, contractors and/or subcontractors to the Company. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards (collectively with any other risk of travel, the “Inherent Risks”) may potentially occur in connection with Your participation in the Tour and hereby agree to assume such Inherent Risks.
8.2.2. In recognition of the Inherent Risks, You confirm that You are physically and mentally capable of participating in the Tour and are willingly and knowingly electing to participate in this Tour in spite of the Inherent Risks, and You willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by You or caused by You. You understand and acknowledge that The Company reserves the right to accept or reject any guest for any reason, and the Company has the right to disqualify You from any Tour activity, if in the Company’s judgment, You are incapable of that activity and/or Your continued participation in the Tour will endanger Yourself or the safety of other guests on the Tour. It is Your responsibility and obligation to inform the Company, at the time Your reservation is made, of any medical or physical disability or limitation that might disable You or render You unable to perform or safely complete the Tour, or subsequent to the time of reservation if such disability or limitation should arise. You further acknowledge that You are the best judge of Your own conditions and limitations and that it is incumbent upon You to fully disclose the full extent of any such conditions or limitations to the Company.
8.3. Release
8.3.1 In consideration of the services and arrangements provided by the Company, You, for Yourself and for Your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for damage, injury or death, including but not limited to any such claims, actions or losses for emotional injury, mental suffering/anguish, 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 Your participation in the Tour and any activities conducted in conjunction therewith and shall include, without limitation, any loss caused by any act, omission, fault or negligence of You or other travelers.
8.4. Safety Conditions:
8.4.1. Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. The Company recommends that You review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in the Tour. Information on the countries to which You will be traveling on the Tour and the level of associated risk can be found at the “Country Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF YOUR TOUR.
9. Obligation to cooperate and your conduct
9.1. Cooperation with third party service providers
9.1.1. You must at all times cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during the Tour.
9.1.2. You shall also cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
9.1.3. If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take any necessary action to remedy the situation at its sole discretion.
9.2. Transactions entered into by You as an individual
9.2.1. You alone are responsible and liable for all the transactions and purchases made by You on Your Tour which are not included in the Tour Contract and the Company shall not be liable for any such transactions or purchases unless they are made directly through the Company.
9.3. Compliance with applicable laws
9.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of the Tour.
9.3.2. In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.
9.4. Competence to contract
9.4.1. You represent, warrant and covenant that You are an adult of legal age (of 18 or over) to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
9.4.2. You represent, warrant and covenant that You are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
9.4.3. You represent, warrant and covenant that You have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
9.5. Your Conduct
9.5.1. The Company reserves the right to refuse to accept You as a customer or continue dealing with You if the Company, or another person in authority, believes Your behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, You damage property, You upset, annoy, disturb, discriminate against or put any other traveler or the Company’s staff or agents in any risk or danger, on the telephone, in writing or in person, whether before Your Tour commences or at any stage during the Tour.
9.5.2. If You commit any illegal act when on the Tour or if in the Company’s reasonable opinion or the reasonable opinion of any person in authority Your behavior is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on others customers’ enjoyment of the Tour or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveler or the Company’s staff in any risk or danger, on the telephone, in writing or in person, the Company may terminate Your Tour Contract without any liability on the Company’s part.
9.5.3. As a result of Your behavior during any stage of the Tour including on an aircraft, transfer, in any accommodation, cruise or excursion, the Company reserves the right to make a claim against You for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by You, (ii) compensating any passenger, crew, staff or agent affected by Your actions and (iii) diverting the aircraft or cruise for the purpose of removing You. Criminal proceedings may also be instigated.
9.5.4. For the avoidance of doubt, all references in this section 9.5. to “You” or “Your” includes any other person traveling with You on Your booking.
10. Passports and Visas
10.1. Passport and Visa Requirements
10.1.1. It is Your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of the Tour.
10.1.2. You should acquaint Yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in any country You visit as part of Your Tour.
10.1.3. You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on Your behalf, if the Company agrees to do so in writing at the time Your Trip Confirmation is provided to You. The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company and, if agreed to be procured by the Company, will be invoiced to You separately.
10.2. Liability of the Company in the event of delegation to obtain any visa
10.2.1. In the event that the Company agrees to acquire visa documents on Your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant passports, visas, immigration clearances and other official permits.
10.2.2. It is Your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and/or inaccurate supply of documents or any other reason whatsoever.
10.2.3. The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and any other details contained therein.
10.2.4. In the event that You are unable to travel on the Tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with section 6.
11. ARBITRATION AGREEMENT / WAIVER OF JURY TRIAL
11.1. You and the Company agree that any and all action, legal proceeding, disputes and claims that each may have against the other related to the Company, related to or arising out of the Tour Contract, these General Terms and Conditions, or to the Company’s relationship with You, including the breach, termination, enforcement, interpretation or validity of the Tour Contract, the agreement to arbitrate (the “Arbitration Agreement”), the scope or applicability of this Arbitration Agreement, including any issue of arbitrability of any and all disputes and claims (collectively, “Disputes”), which involve disputes with a potential value exceeding $15,000 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein. YOU AND THE COMPANY HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL. The term “Disputes” shall be broadly interpreted and means any and all claims, disputes or controversies related to the Company or our relationship with You. The only exceptions to arbitration of Disputes under this Arbitration Agreement are that (i) Disputes in which the claims or counterclaims presented seek a recovery (exclusive of interest on the sum claimed, and the cost of legal expenses) of up to and including $15,000 USD shall be brought and determined in the Small Claims Court located in Denver, Colorado, having jurisdiction over the subject matter of the Dispute unless otherwise agreed by You and the Company, and (ii) the Company may bring suit in court against You to enjoin any infringement or other misuse of the Company’s intellectual property rights.
11.2. This Arbitration Agreement shall be governed by the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, including as to the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Tour Contract and these General Terms and Conditions and the end of Your relationship with the Company.
11.3. If either You or the Company seeks to arbitrate a Dispute, the party seeking arbitration must first send by mail to the other a written notice of Dispute (“Notice”) that sets forth (i) the name, address, and contact information of the party giving notice of the Dispute, (ii) the specific facts giving rise to the Dispute, (iii) the Tour to which the Notice relates, and (iv) the relief requested. Your Notice to the Company must be sent by mail to Enchanting Travels Inc, 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA. The Company will send any Notice to You at the contact information the Company has for You or that You provide to the Company at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the Dispute is not resolved within those first 45 days, either You or the Company may initiate arbitration as set forth herein.
11.4. Any arbitration of a Dispute under these General Terms and Conditions will be conducted by the American Arbitration Association (the “AAA”). Disputes in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), will be governed by the AAA’s then existing Consumer Arbitration Rules. Disputes in which the claims or counterclaims presented seek a recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses) will be governed by the AAA’s then existing Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA rules are modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA toll free number 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The party initiating the arbitration proceeding may open a case with the AAA by visiting its website at www.adr.org and filling out the case initiation document “Arbitration Form”), or by calling AAA’s toll free number. In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company. The arbitrator is bound by the terms of this Arbitration Agreement. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions.
11.5. To the extent the Dispute in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), You and the Company agree that the Dispute should be resolved without a hearing, by submission of documents only, unless You and the Company later agree to request a hearing. If the Dispute at issue seeks the recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), a hearing shall be held. The place of the hearing will be in Denver, Colorado, USA, or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.
11.6 You and the Company agree to maintain the confidential nature of any arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
12. Governing Law and jurisdiction, WAIVER OF JURY TRIAL AND CLASS ACTION
12.1. All matters arising out of or relating to the Tour Contract and these General Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
12.2. Any legal suit, action or proceeding arising out of or relating to the Tour Contract or these General Terms and Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City and County of Denver, and You and the Company irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
12.3. In connection with any action or legal proceeding arising out of the Tour Contract or these General Terms and Conditions, BOTH YOU AND THE COMPANY HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
12.4. These General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. Even if the applicable law provides otherwise, YOU AGREE THAT ANY LEGAL ACTION AGAINST THE COMPANY WHATSOEVER SHALL BE LITIGATED BY YOU, INDIVIDUALLY, AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
12.5. The Company is not liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur outside of these General Terms and Conditions and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then You waive and release any right You may have to make any claim against the Company arising under, in connection with, or incident to the Tour Contract.
13. Indemnification
13.1. You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any act or omission by You, or any other person in Your booking party or any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.
13.2. The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
14. Insurance
14.1. Company has no liability
14.1.1. Obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
14.2. Insurance provided by third party
14.2.1 Insurance, even if purchased as a part of the service by the Company, is provided through a third-party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the relevant policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
14.3. Travel insurance
14.3.1. It is a condition of Your booking that You have obtained adequate travel insurance prior to the period of travel to include, as a minimum, health insurance, trip cancellation and medical repatriation. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in section 6. above.
14.3.2. For your convenience, we offer a Travel Protection Plan administered by Trip Mate, a Generali Global Assistance & Insurance Services brand. This may help protect your travel investment, your belongings and most importantly, you, from many unforeseen circumstances that may arise before or during your trip, including costs of circumstances that may arise from any illness. Individuals looking to obtain additional information regarding the features of the Travel Protection Plan, please contact Trip Mate at 1 877 627 8416. Insurance benefits in the Plan are subject to limitations and exclusions, including an exclusion for pre-existing conditions. Plan benefits, limits and provisions vary by state/jurisdiction and not all coverage is available in all states. To review full plan details online and Important Disclosures, go to: https://www.csatravelprotection.com/certpolicy.do?product=GR40B.
15. Privacy
15.1. In order to make reservations for the Tour, the Company will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. The Company may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
15.2. All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In the event of any conflict between such privacy policy and these General Terms and Conditions, these General Terms and Conditions will prevail.
16. Communication with the customers/clients
16.1. The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the Tour, change in schedule or itineraries, payments, cancellations, refunds and other Tour related information.
16.2. If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
17. Photographs / Imagery
17.1. If, either during or after the Tour, You provide any photographs, videos, images, voice or audio (collectively, the “Images”) to the Company, by any means, You hereby grant the Company the irrevocable right and permission to reproduce or use any portion of the Images that You take and submit to the Company in any and all of (without limitation) its media, brochures, publications without payment or other consideration. You understand and agree that all Images will become the property of the Company and will not be returned. You hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute the Images for any lawful purpose, and waive any right to inspect or approve the finished product and any right to royalties or other compensation arising or related to the Company’s use of the Images.
18. Amendment
18.1. The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting its business, changes in its business practices, and changes in relevant laws and regulatory requirements. If the Company does so the Company may notify You by email, or by whatever medium of contact You notify the Company of pursuant to section 16. above, however the Company is not obliged to, and such modification shall be effective immediately upon public posting on the Company’s website.
18.2. The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
19. Severability
If any provision of the Tour Contract or these General Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract and/or these General Terms and Conditions or invalidate or render unenforceable such provision in any other jurisdiction.
20. Termination
20.1. In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You fail to pay any amount when due under the Tour Contract or in any other invoice for additional services outside of the Tour Contract, or have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part.
21. Waiver
21.1. No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22. Assignment
22.1. You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
23. Survival
23.1. Provisions of these General Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of the Tour Contract and/or these General Terms and Conditions including, but not limited to, the following provisions: Compliance with applicable laws, Mediation; Arbitration, Governing law; jurisdiction, waiver of jury trial; class action waive; and Time limit for claims, Insurance, Limitation to liability, Indemnification and Survival.
24. Consumer protection/seller of travel:
24.1. The Company is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, the Company is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of the Company’s customers in the unlikely event of the Company’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Ave., Suite 1801, New York, New York 10001, or by e-mail to information@ustoa.com or by visiting its website at www.USTOA.com.
August 1, 2025
- Tour Contract
1.1. Trip Confirmation
1.1.1. In order to place a booking with the Company for a holiday (the “Tour”) You must complete the booking form which You can access through the “BOOK TRIP” button on Your online proposal which will be made available to You on the Company’s website by following the link which will be sent to You by email after the Company has provided You with the initial proposal for the Tour. Once received, Your completed booking form shall constitute acceptance of these Terms and Conditions, which creates the contract between You and the Company in respect of the Tour (the “Tour Contract”). Once You have completed the booking form You shall be provided with a trip confirmation that confirms that Your booking for the Tour has been made (the “Trip Confirmation”). The Trip Confirmation forms part of the Tour Contract.
1.1.2. The Trip Confirmation will include (i) important details and terms for the Tour, (ii) a link to these General Terms and Conditions and any other policies or conditions of the Company, and (iii) an invoice for the Tour.
1.1.3. In the event of any conflict between the terms of the Trip Confirmation and these General Terms and Conditions, these General Terms and Conditions shall take priority.
1.2. Confirmation on behalf of other travellers
1.2.1. By placing a booking for the Tour, You are creating a contractual relationship between the Company and You, the lead passenger (individually and for and on behalf of the other passengers travelling with You on the Tour) on the basis of the Trip Confirmation and these General Terms and Conditions. For the avoidance of doubt, any reference to You is a reference to You as an individual and/ or, as applicable, any other guest travelling with You on the Tour.
1.2.2. You shall cause all other travellers to be advised of, review, and accept the terms and conditions of the Tour Contract, and You acknowledge such other passengers have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. It is Your responsibility to ensure that all other passengers comply with the Tour Contract. A copy of the Trip Confirmation and these General Terms and Conditions shall be emailed to all passengers named on the Trip Confirmation after the Tour Contract is confirmed.
1.3. Delivery of relevant travel documents by the Company
Approximately one month before the departure date of the Tour the Company will send You all of the travel documents which are required for your participation in the Tour.
2. Payment
2.1. Tour Price
2.1.1. The invoice included in the Trip Confirmation contains details of the costs associated with the Tour (the “Tour Price”), which includes (without limitation) the cost of the products and services of the Tour, other related expenses and all applicable taxes.
2.1.2. Unless otherwise set out in the Trip Confirmation, You shall make payments in accordance with the below payment terms for the Tour:
(i). upon the date that the Trip Confirmation is issued by the Company, You shall be required to pay an initial payment of forty percent (40%) of the total Tour Price; and
(ii). a balance payment of sixty percent (60%) of the total Tour Price shall be paid by no later than hundred twenty (120) days prior to the departure date of the Tour.
2.1.3. If the Trip Confirmation is issued within, and including, hundred twenty (120) days of the departure date of the Tour, then the entire amount, i.e. one hundred percent (100%) of the total Tour Price shall be payable upon the date that the Trip Confirmation is issued by the Company.
2.1.4. All payments which are due under the Tour Contract shall be paid by either (i) wire transfer to the Company’s bank account, (ii) by check which can be mailed to the Company at Enchanting Travels, Inc., 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA or (iii) by credit card using a secure payment link which shall be provided to You by the Company.
2.1.5. To cover the cost of processing a credit or charge card transaction, and pursuant to applicable state regulations (including, with respect to Colorado, section 5-2-212, Colorado Revised Statutes), the Company imposes a surcharge of 2.7% for all credit card payments, including the deposit and all balance payments. This surcharge is not greater than the Company’s acceptance costs for credit card transactions and does not apply to payment via debit card, wire transfer or check or redemption of a gift card, or to credit card payments with a billing address in Connecticut, Massachusetts, or Puerto Rico.
2.3. Revision of prices
2.3.1. It is possible that the prices quoted in the invoice may need to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You within a reasonable period of time. In the event that You fail to make such additional payment(s) then the Company reserves the right to cancel the Tour Contract without liability.
2.3.2. All advertised prices are accurate as of the date of publication, but the Company reserves the right to change any of those prices from time to time.
3. Services
3.1. The Company agrees to provide to You with the services described in the Trip Confirmation or any other services which the Company agrees to provide to You in writing, subject to any additional charges as applicable, in writing beyond those which are set out in the Trip Confirmation.
3.2. The services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel which comprise the Tour and You and the Company are bound to operate in accordance with such laws, rules and regulations.
4. Force Majeure and changes to the Tour Contract
4.1. The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from any acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, (without limitation): acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), telecommunication breakdown or power outage, or inability or restraints or delays affecting carriers/suppliers and delay in obtaining products or services of or from carriers/suppliers, including but not limited to if a carrier/supplier becomes insolvent, generally unable to pay its debts as they become due, makes a general assignment for the benefit of its creditors the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding, or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such carrier/supplier or an event analogous to any of the foregoing occurs in the jurisdiction of the relevant carrier/supplier.
4.2. For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfil the Company’s obligations with respect to the Tour, including any obligations under the Tour Contract.
4.3. In the event that a Force Majeure Event occurs, the Company may, in its sole discretion, choose to cancel the Tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You. Where such cancellation or termination due to a Force Majeure Event occurs after the Tour has commenced, the Company will take reasonable measures to bring You back to Your point of origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
4.4. Where a Tour is temporarily suspended due to a Force Majeure Event, You shall not be entitled to any refunds from the Company, including, but not limited to, any refunds for limitation and/or non-availability of certain services including (without limitations) museums, restaurants, sightseeing, shopping etc. even though such services are included in the Tour itinerary.
4.5. Notwithstanding clause 4.1. to 4.4 above, the Company reserves the right to change or cancel any component part of the Tour prior to the departure date for any reason. In such circumstances, unless the cancellation or other non-fulfilment of the Tour is due to a Force Majeure Event, the Company shall refund You any amounts in respect of the cancelled component which has been paid to the Company without any further obligation or liability on the part of the Company.
5. Changes to the Tour Contract by You
5.1. You may request any changes to the Tour Contract at any time in writing to the Company. In such circumstances, and subject to availability and the Company’s ability to accommodate any change request, the Company shall provide You with a revised trip confirmation incorporating the changes (“Revised Trip Confirmation”). If the Revised Trip Confirmation requires You to make any additional payments then the Company shall also issue You with a new invoice incorporating such changes. The updated contract for the Tour (“Revised Tour Contract”) shall not come into effect unless and until the additional payment(s) have been received from You. For the avoidance of doubt any reference to a Tour Contract shall, as applicable, be deemed a refence to the Revised Tour Contract.
5.2. Any changes to the Tour requested by You and accepted by the Company, including (without limitation) changes to the Tour dates, shall constitute a change to the Tour Contract and as applicable will be subject to the cancellation rates set out in section 6.2. and/or 6.3. below. In addition, any additional costs associated with the change (e.g. higher rates on new tour dates) shall be borne 100% by You and the Revised Tour Contract shall not be effective until such amounts are received in full by the Company.
6. Cancellations to the Tour Contract by You
6.1. You may cancel the Tour Contract at any time by providing written notice to the Company, subject to the cancellation policies in section 6.2. and section 6.3. below. The date of cancellation is the date upon which the Company receives notice of Your cancellation request.
6.2. Other than where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 91 or more days prior to the start date of the tour – 25 % of the Tour Price
- 31-90 days prior to the start date of the tour – 60 % of the Tour Price
- 30 days or less prior to the start date of the tour – 100 % of the Tour Price
6.3. Where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 120 or more days prior to the start date of the tour – 25 % of the Tour Price
- 90-119 days prior to the start date of the tour – 50 % of the Tour Price
- 60-89 days prior to the start date of the tour – 75 % of the Tour Price
- 59 days or less prior to the start date of the tour – 100 % of the Tour Price
6.4. The cancellation terms in sections 6.2. and 6.3. shall include any additional amounts which have been paid, or become payable by You, in respect of the Tour that are not listed in the Trip Confirmation and in the event of any cancellation such additional amounts shall be included within the Tour Price. For the avoidance of doubt any credit card surcharge or insurance purchased pursuant to section 14.3.2 are to be treated as separate to sums paid in respect of the Tour.
6.5. In the event that there is any cancellation, or shortening of Your Tour, or You do not use a portion of the Tour on, or after, the Tour departure date, there shall be a cancellation fee of 100% of the portion of the Tour that is cancelled, shortened or unused. For the avoidance of doubt, no refunds will be provided for any portion of the Tour which is cancelled, shortened or unused from, and after, the departure date of the Tour.
6.6. The cancellation of or changes to any applicable international flights booked by the Company as part of the Tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.
6.7. The Company shall pay any applicable refund amount which is payable under these General Terms and Conditions within thirty (30) days of the receipt of the request or instruction to cancel or change the Tour.
7. Disclaimer of Warranties
7.1. The Company makes no warranty whatsoever with respect to any of the services provided under the Tour Contract, including without limitation any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
8. Limitation to liability
8.1. COMPANY’S LIABILITY
8.1.1. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU, OTHER TRAVELERS OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.1.2. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE).
8.1.3. THE COMPANY TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY LOSS OF LIFE, LIMB, PROPERTY, MONEY, SICKNESS, DELAY, DISCOMFORT OR HARDSHIPS SUSTAINED BY YOU ON ACCOUNT OF ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS HIRED OR BOOKED BY THE COMPANY TO PROVIDE SERVICES FOR THE TOUR. YOU AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE THIRD PARTY SERVICE PROVIDERS AND NOT TO HOLD THE COMPANY RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.
8.1.4. IN ADDITION, THE COMPANY ALSO TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY ACT OR OMISSION OF YOU OR ANY OTHER TRAVELERS, OR ANY RESULTING INJURY, DAMAGE, DANGER TO LIFE, LIMB OR PROPERTY, DELAY OR HARDSHIPS TO YOU OR ANY OTHER TRAVELER AS A RESULT OF SUCH ACT OR OMISSION.
8.1.5. THE COMPANY IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF YOU OR ANY OTHER TRAVELER UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY. FOR THE PURPOSES OF THESE GENERAL TERMS AND CONDITIONS, ANY INJURY, ILLNESS OR DEATH OF YOU OR ANY OTHER TRAVELER CAUSED BY A FORCE MAJEURE EVENT WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY.
8.2. Assumption of Risk
8.2.1. You understand and acknowledge that all participation in the Tour may involve risk and potential exposure to illness (including, but not limited to infectious diseases such as, for example, (1) the risk of coming into close contact with individuals or objects that may be carrying an infectious disease; (2) the risk of transmitting or contracting an infectious disease, directly or indirectly, to or from other individuals), injury (including, but not limited to emotional injury or injury to person or property) and death. You also realize and acknowledge that risk, dangers and hazards may be caused by the negligence, fault or wrongdoing of other guests, contractors and/or subcontractors to the Company. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards (collectively with any other risk of travel, the “Inherent Risks”) may potentially occur in connection with Your participation in the Tour and hereby agree to assume such Inherent Risks.
8.2.2. In recognition of the Inherent Risks, You confirm that You are physically and mentally capable of participating in the Tour and are willingly and knowingly electing to participate in this Tour in spite of the Inherent Risks, and You willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by You or caused by You. You understand and acknowledge that The Company reserves the right to accept or reject any guest for any reason, and the Company has the right to disqualify You from any Tour activity, if in the Company’s judgment, You are incapable of that activity and/or Your continued participation in the Tour will endanger Yourself or the safety of other guests on the Tour. It is Your responsibility and obligation to inform the Company, at the time Your reservation is made, of any medical or physical disability or limitation that might disable You or render You unable to perform or safely complete the Tour, or subsequent to the time of reservation if such disability or limitation should arise. You further acknowledge that You are the best judge of Your own conditions and limitations and that it is incumbent upon You to fully disclose the full extent of any such conditions or limitations to the Company.
8.3. Release
8.3.1 In consideration of the services and arrangements provided by the Company, You, for Yourself and for Your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for damage, injury or death, including but not limited to any such claims, actions or losses for emotional injury, mental suffering/anguish, 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 Your participation in the Tour and any activities conducted in conjunction therewith and shall include, without limitation, any loss caused by any act, omission, fault or negligence of You or other travelers.
8.4. Safety Conditions:
8.4.1. Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. The Company recommends that You review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in the Tour. Information on the countries to which You will be traveling on the Tour and the level of associated risk can be found at the “Country Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF YOUR TOUR.
9. Obligation to cooperate and your conduct
9.1. Cooperation with third party service providers
9.1.1. You must at all times cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during the Tour.
9.1.2. You shall also cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
9.1.3. If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take any necessary action to remedy the situation at its sole discretion.
9.2. Transactions entered into by You as an individual
9.2.1. You alone are responsible and liable for all the transactions and purchases made by You on Your Tour which are not included in the Tour Contract and the Company shall not be liable for any such transactions or purchases unless they are made directly through the Company.
9.3. Compliance with applicable laws
9.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of the Tour.
9.3.2. In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.
9.4. Competence to contract
9.4.1. You represent, warrant and covenant that You are an adult of legal age (of 18 or over) to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
9.4.2. You represent, warrant and covenant that You are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
9.4.3. You represent, warrant and covenant that You have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
9.5. Your Conduct
9.5.1. The Company reserves the right to refuse to accept You as a customer or continue dealing with You if the Company, or another person in authority, believes Your behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, You damage property, You upset, annoy, disturb, discriminate against or put any other traveler or the Company’s staff or agents in any risk or danger, on the telephone, in writing or in person, whether before Your Tour commences or at any stage during the Tour.
9.5.2. If You commit any illegal act when on the Tour or if in the Company’s reasonable opinion or the reasonable opinion of any person in authority Your behavior is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on others customers’ enjoyment of the Tour or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveler or the Company’s staff in any risk or danger, on the telephone, in writing or in person, the Company may terminate Your Tour Contract without any liability on the Company’s part.
9.5.3. As a result of Your behavior during any stage of the Tour including on an aircraft, transfer, in any accommodation, cruise or excursion, the Company reserves the right to make a claim against You for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by You, (ii) compensating any passenger, crew, staff or agent affected by Your actions and (iii) diverting the aircraft or cruise for the purpose of removing You. Criminal proceedings may also be instigated.
9.5.4. For the avoidance of doubt, all references in this section 9.5. to “You” or “Your” includes any other person traveling with You on Your booking.
10. Passports and Visas
10.1. Passport and Visa Requirements
10.1.1. It is Your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of the Tour.
10.1.2. You should acquaint Yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in any country You visit as part of Your Tour.
10.1.3. You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on Your behalf, if the Company agrees to do so in writing at the time Your Trip Confirmation is provided to You. The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company and, if agreed to be procured by the Company, will be invoiced to You separately.
10.2. Liability of the Company in the event of delegation to obtain any visa
10.2.1. In the event that the Company agrees to acquire visa documents on Your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant passports, visas, immigration clearances and other official permits.
10.2.2. It is Your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and/or inaccurate supply of documents or any other reason whatsoever.
10.2.3. The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and any other details contained therein.
10.2.4. In the event that You are unable to travel on the Tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with section 6.
11. ARBITRATION AGREEMENT / WAIVER OF JURY TRIAL
11.1. You and the Company agree that any and all action, legal proceeding, disputes and claims that each may have against the other related to the Company, related to or arising out of the Tour Contract, these General Terms and Conditions, or to the Company’s relationship with You, including the breach, termination, enforcement, interpretation or validity of the Tour Contract, the agreement to arbitrate (the “Arbitration Agreement”), the scope or applicability of this Arbitration Agreement, including any issue of arbitrability of any and all disputes and claims (collectively, “Disputes”), which involve disputes with a potential value exceeding $15,000 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein. YOU AND THE COMPANY HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL. The term “Disputes” shall be broadly interpreted and means any and all claims, disputes or controversies related to the Company or our relationship with You. The only exceptions to arbitration of Disputes under this Arbitration Agreement are that (i) Disputes in which the claims or counterclaims presented seek a recovery (exclusive of interest on the sum claimed, and the cost of legal expenses) of up to and including $15,000 USD shall be brought and determined in the Small Claims Court located in Denver, Colorado, having jurisdiction over the subject matter of the Dispute unless otherwise agreed by You and the Company, and (ii) the Company may bring suit in court against You to enjoin any infringement or other misuse of the Company’s intellectual property rights.
11.2. This Arbitration Agreement shall be governed by the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, including as to the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Tour Contract and these General Terms and Conditions and the end of Your relationship with the Company.
11.3. If either You or the Company seeks to arbitrate a Dispute, the party seeking arbitration must first send by mail to the other a written notice of Dispute (“Notice”) that sets forth (i) the name, address, and contact information of the party giving notice of the Dispute, (ii) the specific facts giving rise to the Dispute, (iii) the Tour to which the Notice relates, and (iv) the relief requested. Your Notice to the Company must be sent by mail to Enchanting Travels Inc, 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA. The Company will send any Notice to You at the contact information the Company has for You or that You provide to the Company at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the Dispute is not resolved within those first 45 days, either You or the Company may initiate arbitration as set forth herein.
11.4. Any arbitration of a Dispute under these General Terms and Conditions will be conducted by the American Arbitration Association (the “AAA”). Disputes in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), will be governed by the AAA’s then existing Consumer Arbitration Rules. Disputes in which the claims or counterclaims presented seek a recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses) will be governed by the AAA’s then existing Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA rules are modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA toll free number 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The party initiating the arbitration proceeding may open a case with the AAA by visiting its website at www.adr.org and filling out the case initiation document “Arbitration Form”), or by calling AAA’s toll free number. In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company. The arbitrator is bound by the terms of this Arbitration Agreement. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions.
11.5. To the extent the Dispute in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), You and the Company agree that the Dispute should be resolved without a hearing, by submission of documents only, unless You and the Company later agree to request a hearing. If the Dispute at issue seeks the recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), a hearing shall be held. The place of the hearing will be in Denver, Colorado, USA, or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.
11.6 You and the Company agree to maintain the confidential nature of any arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
12. Governing Law and jurisdiction, WAIVER OF JURY TRIAL AND CLASS ACTION
12.1. All matters arising out of or relating to the Tour Contract and these General Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
12.2. Any legal suit, action or proceeding arising out of or relating to the Tour Contract or these General Terms and Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City and County of Denver, and You and the Company irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
12.3. In connection with any action or legal proceeding arising out of the Tour Contract or these General Terms and Conditions, BOTH YOU AND THE COMPANY HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
12.4. These General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. Even if the applicable law provides otherwise, YOU AGREE THAT ANY LEGAL ACTION AGAINST THE COMPANY WHATSOEVER SHALL BE LITIGATED BY YOU, INDIVIDUALLY, AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
12.5. The Company is not liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur outside of these General Terms and Conditions and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then You waive and release any right You may have to make any claim against the Company arising under, in connection with, or incident to the Tour Contract.
13. Indemnification
13.1. You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any act or omission by You, or any other person in Your booking party or any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.
13.2. The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
14. Insurance
14.1. Company has no liability
14.1.1. Obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
14.2. Insurance provided by third party
14.2.1 Insurance, even if purchased as a part of the service by the Company, is provided through a third-party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the relevant policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
14.3. Travel insurance
14.3.1. It is a condition of Your booking that You have obtained adequate travel insurance prior to the period of travel to include, as a minimum, health insurance, trip cancellation and medical repatriation. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in section 6. above.
14.3.2. For your convenience, we offer a Travel Protection Plan administered by Trip Mate, a Generali Global Assistance & Insurance Services brand. This may help protect your travel investment, your belongings and most importantly, you, from many unforeseen circumstances that may arise before or during your trip, including costs of circumstances that may arise from any illness. Individuals looking to obtain additional information regarding the features of the Travel Protection Plan, please contact Trip Mate at 1 877 627 8416. Insurance benefits in the Plan are subject to limitations and exclusions, including an exclusion for pre-existing conditions. Plan benefits, limits and provisions vary by state/jurisdiction and not all coverage is available in all states. To review full plan details online and Important Disclosures, go to: https://www.csatravelprotection.com/certpolicy.do?product=GR40B.
15. Privacy
15.1. In order to make reservations for the Tour, the Company will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. The Company may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
15.2. All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In the event of any conflict between such privacy policy and these General Terms and Conditions, these General Terms and Conditions will prevail.
16. Communication with the customers/clients
16.1. The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the Tour, change in schedule or itineraries, payments, cancellations, refunds and other Tour related information.
16.2. If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
17. Photographs / Imagery
17.1. If, either during or after the Tour, You provide any photographs, videos, images, voice or audio (collectively, the “Images”) to the Company, by any means, You hereby grant the Company the irrevocable right and permission to reproduce or use any portion of the Images that You take and submit to the Company in any and all of (without limitation) its media, brochures, publications without payment or other consideration. You understand and agree that all Images will become the property of the Company and will not be returned. You hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute the Images for any lawful purpose, and waive any right to inspect or approve the finished product and any right to royalties or other compensation arising or related to the Company’s use of the Images.
18. Amendment
18.1. The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting its business, changes in its business practices, and changes in relevant laws and regulatory requirements. If the Company does so the Company may notify You by email, or by whatever medium of contact You notify the Company of pursuant to section 16. above, however the Company is not obliged to, and such modification shall be effective immediately upon public posting on the Company’s website.
18.2. The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
19. Severability
If any provision of the Tour Contract or these General Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract and/or these General Terms and Conditions or invalidate or render unenforceable such provision in any other jurisdiction.
20. Termination
20.1. In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You fail to pay any amount when due under the Tour Contract or in any other invoice for additional services outside of the Tour Contract, or have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part.
21. Waiver
21.1. No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22. Assignment
22.1. You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
23. Survival
23.1. Provisions of these General Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of the Tour Contract and/or these General Terms and Conditions including, but not limited to, the following provisions: Compliance with applicable laws, Mediation; Arbitration, Governing law; jurisdiction, waiver of jury trial; class action waive; and Time limit for claims, Insurance, Limitation to liability, Indemnification and Survival.
24. Consumer protection/seller of travel:
24.1. The Company is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, the Company is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of the Company’s customers in the unlikely event of the Company’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Ave., Suite 1801, New York, New York 10001, or by e-mail to information@ustoa.com or by visiting its website at www.USTOA.com.
May 14th, 2025
- Tour Contract
1.1. Trip Confirmation
1.1.1. In order to place a booking with the Company for a holiday (the “Tour”) You must complete the booking form which You can access through the “BOOK TRIP” button on Your online proposal which will be made available to You on the Company’s website by following the link which will be sent to You by email after the Company has provided You with the initial proposal for the Tour. Once received, Your completed booking form shall constitute acceptance of these Terms and Conditions, which creates the contract between You and the Company in respect of the Tour (the “Tour Contract”). Once You have completed the booking form You shall be provided with a trip confirmation that confirms that Your booking for the Tour has been made (the “Trip Confirmation”). The Trip Confirmation forms part of the Tour Contract.
1.1.2. The Trip Confirmation will include (i) important details and terms for the Tour, (ii) a link to these General Terms and Conditions and any other policies or conditions of the Company, and (iii) an invoice for the Tour.
1.1.3. In the event of any conflict between the terms of the Trip Confirmation and these General Terms and Conditions, these General Terms and Conditions shall take priority.
1.2. Confirmation on behalf of other travellers
1.2.1. By placing a booking for the Tour, You are creating a contractual relationship between the Company and You, the lead passenger (individually and for and on behalf of the other passengers travelling with You on the Tour) on the basis of the Trip Confirmation and these General Terms and Conditions. For the avoidance of doubt, any reference to You is a reference to You as an individual and/ or, as applicable, any other guest travelling with You on the Tour.
1.2.2. You shall cause all other travellers to be advised of, review, and accept the terms and conditions of the Tour Contract, and You acknowledge such other passengers have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. It is Your responsibility to ensure that all other passengers comply with the Tour Contract. A copy of the Trip Confirmation and these General Terms and Conditions shall be emailed to all passengers named on the Trip Confirmation after the Tour Contract is confirmed.
1.3. Delivery of relevant travel documents by the Company
Approximately one month before the departure date of the Tour the Company will send You all of the travel documents which are required for your participation in the Tour.
2. Payment
2.1. Tour Price
2.1.1. The invoice included in the Trip Confirmation contains details of the costs associated with the Tour (the “Tour Price”), which includes (without limitation) the cost of the products and services of the Tour, other related expenses and all applicable taxes.
2.1.2. Unless otherwise set out in the Trip Confirmation, You shall make payments in accordance with the below payment terms for the Tour:
(i). upon the date that the Trip Confirmation is issued by the Company, You shall be required to pay an initial payment of forty percent (40%) of the total Tour Price; and
(ii). a balance payment of sixty percent (60%) of the total Tour Price shall be paid by no later than ninety (90) days prior to the departure date of the Tour.
2.1.3. If the Trip Confirmation is issued within, and including, ninety (90) days of the departure date of the Tour, then the entire amount, i.e. one hundred percent (100%) of the total Tour Price shall be payable upon the date that the Trip Confirmation is issued by the Company.
2.1.4. All payments which are due under the Tour Contract shall be paid by either (i) wire transfer to the Company’s bank account, (ii) by check which can be mailed to the Company at Enchanting Travels, Inc., 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA or (iii) by credit card using a secure payment link which shall be provided to You by the Company.
2.1.5. To cover the cost of processing a credit or charge card transaction, and pursuant to applicable state regulations (including, with respect to Colorado, section 5-2-212, Colorado Revised Statutes), the Company imposes a surcharge of 2.7% for all credit card payments, including the deposit and all balance payments. This surcharge is not greater than the Company’s acceptance costs for credit card transactions and does not apply to payment via debit card, wire transfer or check or redemption of a gift card, or to credit card payments with a billing address in Connecticut, Massachusetts, or Puerto Rico.
2.3. Revision of prices
2.3.1. It is possible that the prices quoted in the invoice may need to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You within a reasonable period of time. In the event that You fail to make such additional payment(s) then the Company reserves the right to cancel the Tour Contract without liability.
2.3.2. All advertised prices are accurate as of the date of publication, but the Company reserves the right to change any of those prices from time to time.
3. Services
3.1. The Company agrees to provide to You with the services described in the Trip Confirmation or any other services which the Company agrees to provide to You in writing, subject to any additional charges as applicable, in writing beyond those which are set out in the Trip Confirmation.
3.2. The services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel which comprise the Tour and You and the Company are bound to operate in accordance with such laws, rules and regulations.
4. Force Majeure and changes to the Tour Contract
4.1. The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from any acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, (without limitation): acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), telecommunication breakdown or power outage, or inability or restraints or delays affecting carriers/suppliers and delay in obtaining products or services of or from carriers/suppliers, including but not limited to if a carrier/supplier becomes insolvent, generally unable to pay its debts as they become due, makes a general assignment for the benefit of its creditors the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding, or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such carrier/supplier or an event analogous to any of the foregoing occurs in the jurisdiction of the relevant carrier/supplier.
4.2. For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfil the Company’s obligations with respect to the Tour, including any obligations under the Tour Contract.
4.3. In the event that a Force Majeure Event occurs, the Company may, in its sole discretion, choose to cancel the Tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You. Where such cancellation or termination due to a Force Majeure Event occurs after the Tour has commenced, the Company will take reasonable measures to bring You back to Your point of origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
4.4. Where a Tour is temporarily suspended due to a Force Majeure Event, You shall not be entitled to any refunds from the Company, including, but not limited to, any refunds for limitation and/or non-availability of certain services including (without limitations) museums, restaurants, sightseeing, shopping etc. even though such services are included in the Tour itinerary.
4.5. Notwithstanding clause 4.1. to 4.4 above, the Company reserves the right to change or cancel any component part of the Tour prior to the departure date for any reason. In such circumstances, unless the cancellation or other non-fulfilment of the Tour is due to a Force Majeure Event, the Company shall refund You any amounts in respect of the cancelled component which has been paid to the Company without any further obligation or liability on the part of the Company.
5. Changes to the Tour Contract by You
5.1. You may request any changes to the Tour Contract at any time in writing to the Company. In such circumstances, and subject to availability and the Company’s ability to accommodate any change request, the Company shall provide You with a revised trip confirmation incorporating the changes (“Revised Trip Confirmation”). If the Revised Trip Confirmation requires You to make any additional payments then the Company shall also issue You with a new invoice incorporating such changes. The updated contract for the Tour (“Revised Tour Contract”) shall not come into effect unless and until the additional payment(s) have been received from You. For the avoidance of doubt any reference to a Tour Contract shall, as applicable, be deemed a refence to the Revised Tour Contract.
5.2. Any changes to the Tour requested by You and accepted by the Company, including (without limitation) changes to the Tour dates, shall constitute a change to the Tour Contract and as applicable will be subject to the cancellation rates set out in section 6.2. and/or 6.3. below. In addition, any additional costs associated with the change (e.g. higher rates on new tour dates) shall be borne 100% by You and the Revised Tour Contract shall not be effective until such amounts are received in full by the Company.
6. Cancellations to the Tour Contract by You
6.1. You may cancel the Tour Contract at any time by providing written notice to the Company, subject to the cancellation policies in section 6.2. and section 6.3. below. The date of cancellation is the date upon which the Company receives notice of Your cancellation request.
6.2. Other than where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 91 or more days prior to the start date of the tour – 25 % of the Tour Price
- 31-90 days prior to the start date of the tour – 60 % of the Tour Price
- 30 days or less prior to the start date of the tour – 100 % of the Tour Price
6.3. Where the Tour is to a polar region, in the event that You cancel the Tour Contract, then the following cancellation charges shall be applicable:
- 120 or more days prior to the start date of the tour – 25 % of the Tour Price
- 90-119 days prior to the start date of the tour – 50 % of the Tour Price
- 60-89 days prior to the start date of the tour – 75 % of the Tour Price
- 59 days or less prior to the start date of the tour – 100 % of the Tour Price
6.4. The cancellation terms in sections 6.2. and 6.3. shall include any additional amounts which have been paid, or become payable by You, in respect of the Tour that are not listed in the Trip Confirmation. For the avoidance of doubt in the event of any cancellation such additional amounts shall be included within the Tour Price.
6.5. In the event that there is any cancellation, or shortening of Your Tour, or You do not use a portion of the Tour on, or after, the Tour departure date, there shall be a cancellation fee of 100% of the portion of the Tour that is cancelled, shortened or unused. For the avoidance of doubt, no refunds will be provided for any portion of the Tour which is cancelled, shortened or unused from, and after, the departure date of the Tour.
6.6. The cancellation of or changes to any applicable international flights booked by the Company as part of the Tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.
6.7. The Company shall pay any applicable refund amount which is payable under these General Terms and Conditions within thirty (30) days of the receipt of the request or instruction to cancel or change the Tour.
7. Disclaimer of Warranties
7.1. The Company makes no warranty whatsoever with respect to any of the services provided under the Tour Contract, including without limitation any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
8. Limitation to liability
8.1. COMPANY’S LIABILITY
8.1.1. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU, OTHER TRAVELERS OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.1.2. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THE TOUR CONTRACT (OR REVISED TOUR CONTRACT, AS APPLICABLE).
8.1.3. THE COMPANY TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY LOSS OF LIFE, LIMB, PROPERTY, MONEY, SICKNESS, DELAY, DISCOMFORT OR HARDSHIPS SUSTAINED BY YOU ON ACCOUNT OF ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS HIRED OR BOOKED BY THE COMPANY TO PROVIDE SERVICES FOR THE TOUR. YOU AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE THIRD PARTY SERVICE PROVIDERS AND NOT TO HOLD THE COMPANY RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.
8.1.4. IN ADDITION, THE COMPANY ALSO TAKES NO RESPONSIBILITY FOR, AND THE COMPANY IS NOT LIABLE FOR, ANY ACT OR OMISSION OF YOU OR ANY OTHER TRAVELERS, OR ANY RESULTING INJURY, DAMAGE, DANGER TO LIFE, LIMB OR PROPERTY, DELAY OR HARDSHIPS TO YOU OR ANY OTHER TRAVELER AS A RESULT OF SUCH ACT OR OMISSION.
8.1.5. THE COMPANY IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF YOU OR ANY OTHER TRAVELER UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY. FOR THE PURPOSES OF THESE GENERAL TERMS AND CONDITIONS, ANY INJURY, ILLNESS OR DEATH OF YOU OR ANY OTHER TRAVELER CAUSED BY A FORCE MAJEURE EVENT WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY.
8.2. Assumption of Risk
8.2.1. You understand and acknowledge that all participation in the Tour may involve risk and potential exposure to illness (including, but not limited to infectious diseases such as, for example, (1) the risk of coming into close contact with individuals or objects that may be carrying an infectious disease; (2) the risk of transmitting or contracting an infectious disease, directly or indirectly, to or from other individuals), injury (including, but not limited to emotional injury or injury to person or property) and death. You also realize and acknowledge that risk, dangers and hazards may be caused by the negligence, fault or wrongdoing of other guests, contractors and/or subcontractors to the Company. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards (collectively with any other risk of travel, the “Inherent Risks”) may potentially occur in connection with Your participation in the Tour and hereby agree to assume such Inherent Risks.
8.2.2. In recognition of the Inherent Risks, You confirm that You are physically and mentally capable of participating in the Tour and are willingly and knowingly electing to participate in this Tour in spite of the Inherent Risks, and You willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by You or caused by You. You understand and acknowledge that The Company reserves the right to accept or reject any guest for any reason, and the Company has the right to disqualify You from any Tour activity, if in the Company’s judgment, You are incapable of that activity and/or Your continued participation in the Tour will endanger Yourself or the safety of other guests on the Tour. It is Your responsibility and obligation to inform the Company, at the time Your reservation is made, of any medical or physical disability or limitation that might disable You or render You unable to perform or safely complete the Tour, or subsequent to the time of reservation if such disability or limitation should arise. You further acknowledge that You are the best judge of Your own conditions and limitations and that it is incumbent upon You to fully disclose the full extent of any such conditions or limitations to the Company.
8.3. Release
8.3.1 In consideration of the services and arrangements provided by the Company, You, for Yourself and for Your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for damage, injury or death, including but not limited to any such claims, actions or losses for emotional injury, mental suffering/anguish, 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 Your participation in the Tour and any activities conducted in conjunction therewith and shall include, without limitation, any loss caused by any act, omission, fault or negligence of You or other travelers.
8.4. Safety Conditions:
8.4.1. Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. The Company recommends that You review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in the Tour. Information on the countries to which You will be traveling on the Tour and the level of associated risk can be found at the “Country Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF YOUR TOUR.
9. Obligation to cooperate
9.1. Cooperation with third party service providers
9.1.1. You must at all times cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during the Tour.
9.1.2. You shall also cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
9.1.3. If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take any necessary action to remedy the situation at its sole discretion.
9.2. Transactions entered into by You as an individual
9.2.1. You alone are responsible and liable for all the transactions and purchases made by You on Your Tour which are not included in the Tour Contract and the Company shall not be liable for any such transactions or purchases unless they are made directly through the Company.
9.3. Compliance with applicable laws
9.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of the Tour.
9.3.2. In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.
9.4. Competence to contract
9.4.1. You represent, warrant and covenant that You are an adult of legal age (of 18 or over) to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
9.4.2. You represent, warrant and covenant that You are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
9.4.3. You represent, warrant and covenant that You have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
10. Passports and Visas
10.1. Passport and Visa Requirements
10.1.1. It is Your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of the Tour.
10.1.2. You should acquaint Yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in any country You visit as part of Your Tour.
10.1.3. You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on Your behalf, if the Company agrees to do so in writing at the time Your Trip Confirmation is provided to You. The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company and, if agreed to be procured by the Company, will be invoiced to You separately.
10.2. Liability of the Company in the event of delegation to obtain any visa
10.2.1. In the event that the Company agrees to acquire visa documents on Your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant passports, visas, immigration clearances and other official permits.
10.2.2. It is Your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and/or inaccurate supply of documents or any other reason whatsoever.
10.2.3. The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and any other details contained therein.
10.2.4. In the event that You are unable to travel on the Tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with section 6.
11. ARBITRATION AGREEMENT / WAIVER OF JURY TRIAL
11.1. You and the Company agree that any and all action, legal proceeding, disputes and claims that each may have against the other related to the Company, related to or arising out of the Tour Contract, these General Terms and Conditions, or to the Company’s relationship with You, including the breach, termination, enforcement, interpretation or validity of the Tour Contract, the agreement to arbitrate (the “Arbitration Agreement”), the scope or applicability of this Arbitration Agreement, including any issue of arbitrability of any and all disputes and claims (collectively, “Disputes”), which involve disputes with a potential value exceeding $15,000 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein. You and the Company hereby specifically and knowingly waive any rights that either party might have to demand a jury trial. The term “Disputes” shall be broadly interpreted and means any and all claims, disputes or controversies related to the Company or our relationship with You. The only exceptions to arbitration of Disputes under this Arbitration Agreement are that (i) Disputes in which the claims or counterclaims presented seek a recovery (exclusive of interest on the sum claimed, and the cost of legal expenses) of up to and including $15,000 USD shall be brought and determined in the Small Claims Court located in Denver, Colorado, having jurisdiction over the subject matter of the Dispute unless otherwise agreed by You and the Company, and (ii) the Company may bring suit in court against You to enjoin any infringement or other misuse of the Company’s intellectual property rights.
11.2. This Arbitration Agreement shall be governed by the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, including as to the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Tour Contract and these General Terms and Conditions and the end of Your relationship with the Company.
11.3. If either You or the Company seeks to arbitrate a Dispute, the party seeking arbitration must first send by mail to the other a written notice of Dispute (“Notice”) that sets forth (i) the name, address, and contact information of the party giving notice of the Dispute, (ii) the specific facts giving rise to the Dispute, (iii) the Tour to which the Notice relates, and (iv) the relief requested. Your Notice to the Company must be sent by mail to Enchanting Travels Inc, 8400 E Prentice Ave, PH 1500, Greenwood Village, CO 80111, USA. The Company will send any Notice to You at the contact information the Company has for You or that You provide to the Company at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the Dispute is not resolved within those first 45 days, either You or the Company may initiate arbitration as set forth herein.
11.4. Any arbitration of a Dispute under these General Terms and Conditions will be conducted by the American Arbitration Association (the “AAA”). Disputes in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), will be governed by the AAA’s then existing Consumer Arbitration Rules. Disputes in which the claims or counterclaims presented seek a recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses) will be governed by the AAA’s then existing Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA rules are modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA toll free number 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The party initiating the arbitration proceeding may open a case with the AAA by visiting its website at www.adr.org and filling out the case initiation document “Arbitration Form”), or by calling AAA’s toll free number. In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company. The arbitrator is bound by the terms of this Arbitration Agreement. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions.
11.5. To the extent the Dispute in which the claims or counterclaims presented seek a recovery exceeding $15,000 USD, and up to and including $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), You and the Company agree that the Dispute should be resolved without a hearing, by submission of documents only, unless You and the Company later agree to request a hearing. If the Dispute at issue seeks the recovery exceeding $100,000 USD (exclusive of interest on the sum claimed, and the cost of arbitration and legal expenses), a hearing shall be held. The place of the hearing will be in Denver, Colorado, USA, or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.
11.6 You and the Company agree to maintain the confidential nature of any arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
12. Governing Law and jurisdiction
12.1. All matters arising out of or relating to the Tour Contract and these General Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
12.2. Any legal suit, action or proceeding arising out of or relating to the Tour Contract or these General Terms and Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City and County of Denver, and You and the Company irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
12.3. In connection with any action or legal proceeding arising out of the Tour Contract or these General Terms and Conditions, both You and the Company hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
12.4. These General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your own behalf instead of through any class action. Even if the applicable law provides otherwise, You agree that any legal action against the Company whatsoever shall be litigated by You, individually, and not as a member of any class or as part of a class action, and You expressly agree to waive any law entitling You to participate in a class action.
12.5. The Company is not liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur outside of these General Terms and Conditions and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then You waive and release any right You may have to make any claim against the Company arising under, in connection with, or incident to the Tour Contract.
13. Indemnification
13.1. You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any act or omission by You, or any other person in Your booking party or any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.
13.2. The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
14. Insurance
14.1. Company has no liability
14.1.1. Obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
14.2. Insurance provided by third party
14.2.1 Insurance, even if purchased as a part of the service by the Company, is provided through a third-party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the relevant policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
14.3. Travel insurance
14.3.1. It is a condition of Your booking that You have obtained adequate travel insurance prior to the period of travel to include, as a minimum, health insurance, trip cancellation and medical repatriation. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in section 6. above.
14.3.2. For your convenience, we offer a Travel Protection Plan administered by Trip Mate, a Generali Global Assistance & Insurance Services brand. This may help protect your travel investment, your belongings and most importantly, you, from many unforeseen circumstances that may arise before or during your trip, including costs of circumstances that may arise from any illness. Individuals looking to obtain additional information regarding the features of the Travel Protection Plan, please contact Trip Mate at 1 877 627 8416. Insurance benefits in the Plan are subject to limitations and exclusions, including an exclusion for pre-existing conditions. Plan benefits, limits and provisions vary by state/jurisdiction and not all coverage is available in all states. To review full plan details online and Important Disclosures, go to: https://www.csatravelprotection.com/certpolicy.do?product=GR40B.
15. Privacy
15.1. In order to make reservations for the Tour, the Company will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. The Company may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
15.2. All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In the event of any conflict between such privacy policy and these General Terms and Conditions, these General Terms and Conditions will prevail.
16. Communication with the customers/clients
16.1. The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the Tour, change in schedule or itineraries, payments, cancellations, refunds and other Tour related information.
16.2. If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
17. Photographs / Imagery
17.1. If, either during or after the Tour, You provide any photographs, videos, images, voice or audio (collectively, the “Images”) to the Company, by any means, You hereby grant the Company the irrevocable right and permission to reproduce or use any portion of the Images that You take and submit to the Company in any and all of (without limitation) its media, brochures, publications without payment or other consideration. You understand and agree that all Images will become the property of the Company and will not be returned. You hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute the Images for any lawful purpose, and waive any right to inspect or approve the finished product and any right to royalties or other compensation arising or related to the Company’s use of the Images.
18. Amendment
18.1. The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting its business, changes in its business practices, and changes in relevant laws and regulatory requirements. If the Company does so the Company may notify You by email, or by whatever medium of contact You notify the Company of pursuant to section 16. above, however the Company is not obliged to, and such modification shall be effective immediately upon public posting on the Company’s website.
18.2. The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
19. Severability
If any provision of the Tour Contract or these General Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract and/or these General Terms and Conditions or invalidate or render unenforceable such provision in any other jurisdiction.
20. Termination
20.1. In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You fail to pay any amount when due under the Tour Contract or in any other invoice for additional services outside of the Tour Contract, or have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part.
21. Waiver
21.1. No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22. Assignment
22.1. You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
23. Survival
23.1. Provisions of these General Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of the Tour Contract and/or these General Terms and Conditions including, but not limited to, the following provisions: Compliance with applicable laws, Mediation; Arbitration, Governing law; jurisdiction, waiver of jury trial; class action waive; and Time limit for claims, Insurance, Limitation to liability, Indemnification and Survival.
24. Consumer protection/seller of travel:
24.1. The Company is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, the Company is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of the Company’s customers in the unlikely event of the Company’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Ave., Suite 1801, New York, New York 10001, or by e-mail to information@ustoa.com or by visiting its website at www.USTOA.com.
February 1st, 2025
1. Tour Contract
1.1 Travel Confirmation
1.1.1 After You initiate a booking with the Company you must download a travel confirmation (the “Travel Confirmation”) after completing the booking form. This Travel Confirmation will include (i) all details of Your travel arrangements, (ii) any additional terms and conditions to Your travel arrangements, if any, (iii) policy statements issued by the Company, including a link to these General Terms and Conditions, and (iv) an invoice for Your tour.
1.1.2 Your confirmation of the booking after receipt of the Travel Confirmation is an acceptance of the Travel Confirmation and an acknowledgement that you have read and accepted these General Terms and Conditions, creating the contract between You and the Company with respect to the tour (the “Tour Contract”). The terms and conditions of the accepted Travel Confirmation and these General Terms and Conditions are the terms and conditions of the Tour Contract.
1.2 Mode of Confirmation
1.2.1 You may confirm a booking by completing and submitting the online booking form provided with your trip proposal.
1.3 Confirmation on behalf of other travelers
1.3.1 You also confirm a booking on behalf of all the travelers listed in the Tour Contract (the “Other Travelers”) to the extent such travelers do not receive their own Travel Confirmations and submit their own booking confirmations. It is Your sole responsibility to inform all other parties traveling under Your booking of the contents of the Tour Contract. The terms “You” and “Your” as used in of these General Terms and Conditions include another Travelers.
1.3.2. You shall cause such other parties to be advised of, review, and accept the terms and conditions of the Tour Contract, and you acknowledge such other parties have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. You will cause Other Travelers to comply with the Tour Contract.
2. Payment
2.1 Tour Price
2.1.1 The invoice included in the Travel Confirmation contains details of the costs associated with the tour (“Tour Price”), which includes the cost of the products and services of our tour, other related expenses and all applicable taxes.
2.1.2 You shall make payments in accordance with the following schedule by wire transfer to our bank account, by check which can be mailed to our office or by credit card using a secure payment link.
(i). Upon Your confirmation of the booking, forty percent (40%) of the total invoiced price of the tour is due as an advance to confirm the booking.
(ii). The remaining sixty percent (60 %) of the invoiced price is due at least ninety (90) days prior to the start of the tour. For trips to the Polar Regions, the remaining balance is due at least one hundred and twenty (120) days prior to the start of the tour.
(iii). If the booking is accepted within ninety (90) days of the proposed date of departure, clauses 2.1.2(i) and 2.1.2(ii) above shall not apply and the entire amount, i.e., hundred percent (100 %) of the invoiced price of the tour is due upon confirmation of the booking.
2.2 Delivery of Relevant Travel Documents by the Company.
2.2.1 One month before your trip starts the company will send you the hotel vouchers and any other travel documents for the tour in a digital format.
2.3 Revision of Prices; Exchange Rates
2.3.1 It is possible that the prices quoted in the invoice accompanying the Travel Confirmation may be required to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.
2.3.2 Please also note that the estimated prices of travel itineraries mentioned on the Company website at www.enchantingtravels.com or any other websites owned and operated by the Company are subject to change.
2.3.3 If applicable, the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once You accept the Travel Confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies, except to the extent set forth in clause 2.3.1.
3. Services
3.1 Details of Services Provided.
3.1.1 The Company agrees to provide to You the services described in the service description included in the Travel Confirmation.
3.2 Applicability of Local Laws to the Services provided.
3.2.1 The tours and services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel and You and the Company are bound to operate in accordance with such laws, rules and regulations.
4. Change in Tour Contract by The Company
4.1 Right to Change in Services.
4.1.1 The Company reserves the right to change the tour services described in the Travel Confirmation after Your acceptance of the Tour Contract in accordance with this Section 4.
4.1.2 Changes may be made by the Company as a result of (i) cancellation of certain bookings and reservations by third party service providers, (ii) non-availability of certain features, packages or other services requested by You, or (iii) the unavailability of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or (iv) a Force Majeure Event, as defined in Section 6.
4.1.3 The Company will make a reasonable effort to notify You of any such developments in advance of Your tour.
4.1.4 The Company will make such changes in good faith, keeping in mind Your interests and preferences with a goal to keep in line with the overall plan of the tour.
4.1.5 If the Company makes a material change in Your tour as a result of the above, you may elect to accept the changed itinerary per clause 4.2 or to cancel the entire tour package, subject to any applicable policies with respect to cancellations, charges and refunds as set forth in these General Terms and Conditions.
4.2 New Tour Contract.
4.2.1 If You accept a changed itinerary as provided in clause 4.1.5, the Company will provide to You a new Travel Confirmation incorporating the changes. If acceptance of the new Travel Confirmation requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.
4.3 Acceptance of the New Tour Contract
4.3.1 Should You choose to accept the changed Travel Confirmation and any revised charges associated therewith, the new Tour Contract and the new invoice shall replace the old Tour Contract and invoice and will be the contract that binds You.
4.3.2 If You choose to cancel the original Tour Contract and not accept the new Travel Confirmation, You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all service, consultancy and advisory charges, including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.
5. Cancellations, Changes to Booking and Applicable Charges and Refunds
5.1 Cancellation of or Changes to the Tour Contract by You.
5.1.1 You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy in clause 5.2 below.
5.1.2 The date of cancellation or change is the date on which the company receives notice of Your cancellation or change request.
5.1.3 Any changes to the tour requested by You and accepted by the Company, including advancements or postponements of tour dates, shall constitute a change to the Tour Contract and will be subject to the cancellation rates in clause 5.2 below only with respect to the amount of the Tour Price allocated to the part(s) of the tour that had to be cancelled to effect the change. In addition, any additional costs associated with the change (e.g., higher rates on new tour dates) shall be borne 100% by You.
5.2 Charges Relating to Cancellation or Change
5.2.1 Subject to clause 5.1.3, all refunds in the event of cancellation or change of a Tour Contract by You, including but not limited to any such cancellation or change due to a Force Majeure Event (as defined in Section 6) shall be subject to the following charges:
Time of cancellation or change and cancellation or change fees for trips to all destinations excluding the Polar Regions:
- 91 or more days prior to the start date of the tour – 20 % of the Tour Price
- 61-90 days prior to the start date of the tour – 30 % of the Tour Price
- 31-60 days prior to the start date of the tour – 50 % of the Tour Price
- 30 days or less prior to the start date of the tour – 100 % of the Tour Price
- Cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the tour) – 100 % of the Tour Price
Time of cancellation or change and cancellation or change fees for trips to the Polar Regions:
- 120 or more days prior to the start date of the tour – 25 % of the Tour Price
- 90-119 days prior to the start date of the tour – 50 % of the Tour Price
- 60-89 days prior to the start date of the tour – 75 % of the Tour Price
- 59 days or less prior to the start date of the tour – 100 % of the Tour Price
- Cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the tour) – 100 % of the Tour Price
5.2.2 The cancellation of or changes to international flights booked by the Company as part of Your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.
5.3 Disbursement of Refund Amount.
5.3.1 The Company will disburse any applicable refund amount within thirty (30) days of the receipt of the request or instruction to cancel or change the tour.
6. Cancellation or Change of the Tour Contract due to Circumstances Beyond Control of Company
6.1.1 The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, without limitation: acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), telecommunication breakdown or power outage, or inability or restraints or delays affecting carriers/suppliers and delay in obtaining products or services of or from carriers/suppliers, including but not limited to if a carriers/supplier becomes insolvent, generally unable to pay its debts as they become due, makes a general assignment for the benefit of its creditors the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding; or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such carrier/supplier.
6.1.2 For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfill the Company’s obligations with respect to the tour, including any obligations under the Tour Contract.
6.1.3 In the event that a Force Majeure Event, the Company may, in its sole discretion, choose to cancel the tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You and You will be liable to pay costs for the services and products utilized until the date of such termination. Where such cancellation or termination due to a Force Majeure event occurs after the tour has commenced, the Company will take reasonable measures to bring You back to Your point origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
6.1.4 Where a tour is temporarily suspended due to a Force Majeure Event, You shall not be entitled to any refunds from the Company, including , but not limited to any refunds for limitation and/or non-availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in Your tour itinerary.
7. Liability of the Company for third party acts
7.1.1 The Company takes no responsibility for, and the Company is not liable for, any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour.
7.1.2 In addition, the Company also takes no responsibility for, and the Company is not liable for, any act or omission of any of Your co-travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to You.
8. Representation and Warranty; Disclaimer of Warranties
8.1.1 The Company represents and warrants to You that it shall perform the services described in the Tour Contract using personnel of required skill, experience and qualifications and in a manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under the Tour Contract.
8.1.2 The Company shall not be liable for a breach of the warranty set forth in clause 8.1 unless You give written notice of the defective services, reasonably described, to the Company within two days of the time when You discover or ought to have discovered that the services were defective.
8.3. Subject to clause 8.2, the Company shall, in its sole discretion, either:
8.3.1. Correct such services (or the defective part); or
8.3.2. Credit or refund the amount of the Tour Price allocated to such services.
8.4. The remedies set forth in clause 8.3 shall be Your sole and exclusive remedy and company’s entire liability for any breach of the limited warranty set forth in clause 8.1.
8.5. Except for the warranty set forth in clause 8.1 above, the company makes no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
9. Limitation to liability
9.1.1 In no event shall the company be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or
for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
9.1.2 In no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the company pursuant to the tour contract, subject to applicable law.
10. Obligation to cooperate
10.1 Cooperation with third party service providers
10.1.1 You must at all times cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during Your tour.
10.1.2 You shall also cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
10.1.3 If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take action to remedy the situation at its sole discretion.
10.2 Transactions entered into by You as an individual
10.2.1 You alone are responsible and liable for all the transactions and purchases made by You on Your tour and the Company shall not be liable for any of such transactions or purchases unless they are made through the Company.
10.2.2 The Company will not censor, screen or otherwise control any such transactions or purchases nor will the Company evaluate whether such transactions and purchases are legal and valid under the law of any jurisdiction.
10.3 Compliance with applicable laws
10.3.1 You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of a tour.
10.3.2 In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.
10.4 Accuracy of Information provided by You.
10.4.1 You represent, warrant and covenant that you have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
10.5 Competence to contract
10.5.1 You represent, warrant and covenant that You are an adult of legal age to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
10.5.2 You represent, warrant and covenant that you are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
11. Passport and Visa
11.1 Passport and Visa Requirements
11.1.1 It is Your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of Your trip.
11.1.2 You should acquaint Yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.
11.1.3 You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on Your behalf, if the Company agrees.
11.1.4 The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.
11.2 Liability of the Company in the event of Delegation to obtain Your Passport or Visa
11.2.1 In the event the Company agrees to acquire passport or visa documents on Your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.
11.2.2 It is Your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents or any other reason whatsoever.
11.2.3 The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.
11.2.4 In the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with clause 5.
12. Mediation; Arbitration
12.1 The parties agree that any and all disputes and claims that each may have against the other that arise out of or relate to the Tour Contract including the breach, termination, enforcement, interpretation or validity of these General Terms and Conditions, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, which are over 15.000 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein, and not in court. The only exceptions to this Arbitration Agreement are that (i) Disputes of up to and including 15.000 USD shall be pursued in Colorado small claims court located in Denver County, Colorado, and (ii) each party may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
12.2 This Agreement evidences a transaction in interstate commerce, and thus the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement.
12.3 If either You or the Company wants to arbitrate a Dispute, the party desiring arbitration must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the tour to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Enchanting Travels Inc, 8400 E Prentice Ave, Suite 1500, Greenwood Village, CO 80111, USA . We will send any Notice to You at the contact information we have for You or that You provide to us at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the parties do not resolve the Dispute within those first 45 days, either party may initiate arbitration as set forth herein.
12.4 Any arbitration between the parties will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company.
12.5 If You are seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either party may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither party requests one, the Company will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), the manner and place of the hearing will be in Denver, Colorado, USA or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.
12.6 Each party agrees to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
13. Governing Law; Jurisdiction
13.1. All matters arising out of or relating to the Tour Contract are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
13.2. Any legal suit, action or proceeding arising out of or relating to the Tour Contract shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
13.3. Waiver of Jury Trial; Class Action Waiver; Time Limit for Claims
13.3.1. In connection with any action or legal proceeding arising out of the Tour Contract or these General Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
13.3.2. These General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your own behalf instead of through any class action. Even if the applicable law provides otherwise, You agree that any legal action against the Company whatsoever shall be litigated by You, individually, and not as a member of any class or as part of a class action, and You expressly agree to waive any law entitling You to participate in a class action.
13.3.3. The Company is not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur out of these General Terms and Conditions or during the Tour Contract and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then You waive and release any right You may have to make any claim against us arising under, in connection with, or incident to the Tour Contract.
14. Indemnification.
14.1.1 You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.
14.1.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
15. Intellectual Property Rights – Company Website(s)
15.1.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.
15.1.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, trademarks, service marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.
15.1.3 The Company’s services are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property Rights, information, software, products or services obtained from the Company or its Website(s) or from the Company’s travel consultants and advisors without the express prior written consent from the Company.
16. Insurance
16.1 Company has no liability.
16.1.1 Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
16.2 Insurance provided by Third Party.
16.2.1 Insurance, even if purchased as a part of the service by the Company, is provided through a third-party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
16.3 Travel Insurance.
16.3.1 You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.
17. Privacy
17.1.1 In order to make Your tour reservations and other bookings, we will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. We may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
17.1.2 We aim to maintain the privacy of the information provided by our customers and will share only such information with third parties as is necessary for the purposes of Your travel booking, reservation compliance with law and other travel related purpose. Such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share Your personally identifiable or other information to third parties except as expressly provided in these General Terms and Conditions or otherwise after having obtained Your consent and permission. Notwithstanding any other provision of the Tour Contract, we may disclose and share Your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply the Tour Contract and other agreements, including for billing and collection purposes, or (iii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
17.1.3 We may also request that You give us Your feedback and share Your experiences on the tour by providing us with testimonials. These accounts or information may be published or displayed on the Company on its Website(s) and on brochures, presentations and other documents and can be viewed by the public. Such accounts and information may also appear in search results on the internet.
17.1.4 All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In any conflict between such privacy policy and of these General Terms and Conditions, of these General Terms and Conditions will control.
18. Miscellaneous
18.1 Communication with the Customers/Clients
18.1.1 The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.
18.1.2 If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
18.2 Amendment
18.2.1 The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in our business, and changes in relevant laws and regulatory requirements. If we do so we will notify You by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective immediately upon public posting on a Company Website. Except as otherwise set forth herein, the Tour Contract may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
18.2.2 The Company endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.
18.2.3 The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
18.2.4 The Company may make any improvements or changes to the content of the Company Website(s) at any time.
18.3 Severability.
18.3.1 If any provision of the Tour Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract or invalidate or render unenforceable such provision in any other jurisdiction.
18.4 Termination.
18.4.1 In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You:
18.4.2 fail to pay any amount when due under the Tour Contract;
18.4.3 have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or
18.4.4 become insolvent, file a petition for bankruptcy or commence or have commenced against You proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
18.5 Waiver.
18.5.1 No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18.6 Assignment.
18.6.1 You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
18.7 Survival
18.7.1 Provisions of these General Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but n limited to, the following provisions: Compliance with Applicable Laws, Mediation; Arbitration, Governing Law; Jurisdiction, Waiver of Jury Trial; Class Action Waive; and Time Limit for Claims, Insurance, Limitation of Liability, Indemnification and Survival.
July 1, 2024
1. Tour Contract
1.1 Travel Confirmation
1.1.1 After You initiate a booking with the Company you must download a travel confirmation (the “Travel Confirmation”) after completing the booking form. This Travel Confirmation will include (i) all details of Your travel arrangements, (ii) any additional terms and conditions to Your travel arrangements, if any, (iii) policy statements issued by the Company, including a link to these General Terms and Conditions, and (iv) an invoice for Your tour.
1.1.2 Your confirmation of the booking after receipt of the Travel Confirmation is an acceptance of the Travel Confirmation and an acknowledgement that you have read and accepted these General Terms and Conditions, creating the contract between You and the Company with respect to the tour (the “Tour Contract”). The terms and conditions of the accepted Travel Confirmation and these General Terms and Conditions are the terms and conditions of the Tour Contract.
1.2 Mode of Confirmation
1.2.1 You may confirm a booking by completing and submitting the online booking form provided with your trip proposal.
1.3 Confirmation on behalf of other travelers
1.3.1 You also confirm a booking on behalf of all the travelers listed in the Tour Contract (the “Other Travelers”) to the extent such travelers do not receive their own Travel Confirmations and submit their own booking confirmations. It is Your sole responsibility to inform all other parties traveling under Your booking of the contents of the Tour Contract. The terms “You” and “Your” as used in of these General Terms and Conditions include another Travelers.
1.3.2. You shall cause such other parties to be advised of, review, and accept the terms and conditions of the Tour Contract, and you acknowledge such other parties have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. You will cause Other Travelers to comply with the Tour Contract.
2. Payment
2.1 Tour Price
2.1.1 The invoice included in the Travel Confirmation contains details of the costs associated with the tour (“Tour Price”), which includes the cost of the products and services of our tour, other related expenses and all applicable taxes.
2.1.2 You shall make payments in accordance with the following schedule by wire transfer to our bank account, by check which can be mailed to our office or by credit card using a secure payment link.
(i). Upon Your confirmation of the booking, forty percent (40%) of the total invoiced price of the tour is due as an advance to confirm the booking.
(ii). The remaining sixty percent (60%) of the invoiced price is due at least 90 days prior to the start of the tour.
(iii). If the booking is accepted within ninety (90) days of the proposed date of departure, clauses 2.1.2(i) and 2.1.2(ii) above shall not apply and the entire amount, i.e., hundred percent (100%) of the invoiced price of the tour is due upon confirmation of the booking.
2.2 Delivery of Relevant Travel Documents by the Company.
2.2.1 One month before your trip starts the company will send you the hotel vouchers and any other travel documents for the tour in a digital format.
2.3 Revision of Prices; Exchange Rates
2.3.1 It is possible that the prices quoted in the invoice accompanying the Travel Confirmation may be required to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.
2.3.2 Please also note that the estimated prices of travel itineraries mentioned on the Company website at www.enchantingtravels.com or any other websites owned and operated by the Company are subject to change.
2.3.3 If applicable, the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once You accept the Travel Confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies, except to the extent set forth in clause 2.3.1.
3. Services
3.1 Details of Services Provided.
3.1.1 The Company agrees to provide to You the services described in the service description included in the Travel Confirmation.
3.2 Applicability of Local Laws to the Services provided.
3.2.1 The tours and services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel and You and the Company are bound to operate in accordance with such laws, rules and regulations.
4. Change in Tour Contract by The Company
4.1 Right to Change in Services.
4.1.1 The Company reserves the right to change the tour services described in the Travel Confirmation after Your acceptance of the Tour Contract in accordance with this Section 4.
4.1.2 Changes may be made by the Company as a result of (i) cancellation of certain bookings and reservations by third party service providers, (ii) non-availability of certain features, packages or other services requested by You, or (iii) the unavailability of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or (iv) a Force Majeure Event, as defined in Section 6.
4.1.3 The Company will make a reasonable effort to notify You of any such developments in advance of Your tour.
4.1.4 The Company will make such changes in good faith, keeping in mind Your interests and preferences with a goal to keep in line with the overall plan of the tour.
4.1.5 If the Company makes a material change in Your tour as a result of the above, you may elect to accept the changed itinerary per clause 4.2 or to cancel the entire tour package, subject to any applicable policies with respect to cancellations, charges and refunds as set forth in these General Terms and Conditions.
4.2 New Tour Contract.
4.2.1 If You accept a changed itinerary as provided in clause 4.1.5, the Company will provide to You a new Travel Confirmation incorporating the changes. If acceptance of the new Travel Confirmation requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.
4.3 Acceptance of the New Tour Contract
4.3.1 Should You choose to accept the changed Travel Confirmation and any revised charges associated therewith, the new Tour Contract and the new invoice shall replace the old Tour Contract and invoice and will be the contract that binds You.
4.3.2 If You choose to cancel the original Tour Contract and not accept the new Travel Confirmation, You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all service, consultancy and advisory charges, including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.
5. Cancellations, Changes to Booking and Applicable Charges and Refunds
5.1 Cancellation of or Changes to the Tour Contract by You.
5.1.1 You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy in clause 5.2 below.
5.1.2 The date of cancellation or change is the date on which the company receives notice of Your cancellation or change request.
5.1.3 Any changes to the tour requested by You and accepted by the Company, including advancements or postponements of tour dates, shall constitute a change to the Tour Contract and will be subject to the cancellation rates in clause 5.2 below only with respect to the amount of the Tour Price allocated to the part(s) of the tour that had to be cancelled to effect the change. In addition, any additional costs associated with the change (e.g., higher rates on new tour dates) shall be borne 100% by You.
5.2 Charges Relating to Cancellation or Change
5.2.1 Subject to clause 5.1.3, all refunds in the event of cancellation or change of a Tour Contract by You, including but not limited to any such cancellation or change due to a Force Majeure Event (as defined in Section 6) shall be subject to the following charges:
Time of cancellation or change and cancellation or change fees:
91 or more days prior to the start date of the tour – 20% of the Tour Price
61-90 days prior to the start date of the tour – 30% of the Tour Price
31-60 days prior to the start date of the tour – 50% of the Tour Price
30 days or less prior to the start date of the tour – 100% of the Tour Price
Cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the tour) – 100% of the Tour Price
5.2.2 The cancellation of or changes to international flights booked by the Company as part of Your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.
5.3 Disbursement of Refund Amount.
5.3.1 The Company will disburse any applicable refund amount within thirty (30) days of the receipt of the request or instruction to cancel or change the tour.
6. Cancellation or Change of the Tour Contract due to Circumstances Beyond Control of Company
6.1.1 The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, without limitation: acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), telecommunication breakdown or power outage, or inability or restraints or delays affecting carriers/suppliers and delay in obtaining products or services of or from carriers/suppliers, including but not limited to if a carriers/supplier becomes insolvent, generally unable to pay its debts as they become due, makes a general assignment for the benefit of its creditors the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding; or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such carrier/supplier.
6.1.2 For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfill the Company’s obligations with respect to the tour, including any obligations under the Tour Contract.
6.1.3 In the event that a Force Majeure Event, the Company may, in its sole discretion, choose to cancel the tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You and You will be liable to pay costs for the services and products utilized until the date of such termination. Where such cancellation or termination due to a Force Majeure event occurs after the tour has commenced, the Company will take reasonable measures to bring You back to Your point origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
6.1.4 Where a tour is temporarily suspended due to a Force Majeure Event, You shall not be entitled to any refunds from the Company, including , but not limited to any refunds for limitation and/or non-availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in Your tour itinerary.
7. Liability of the Company for third party acts
7.1.1 The Company takes no responsibility for, and the Company is not liable for, any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour.
7.1.2 In addition, the Company also takes no responsibility for, and the Company is not liable for, any act or omission of any of Your co-travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to You.
8. Representation and Warranty; Disclaimer of Warranties
8.1.1 The Company represents and warrants to You that it shall perform the services described in the Tour Contract using personnel of required skill, experience and qualifications and in a manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under the Tour Contract.
8.1.2 The Company shall not be liable for a breach of the warranty set forth in clause 8.1 unless You give written notice of the defective services, reasonably described, to the Company within two days of the time when You discover or ought to have discovered that the services were defective.
8.1.3 Subject to clause 8.2, the Company shall, in its sole discretion, either:
8.1.4 Correct such services (or the defective part); or
8.1.5 Credit or refund the amount of the Tour Price allocated to such services.
8.1.6 The remedies set forth in clause 8.3 shall be Your sole and exclusive remedy and company’s entire liability for any breach of the limited warranty set forth in clause 8.1.
8.1.7 Except for the warranty set forth in clause 8.1 above, the company makes no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
9. Limitation to liability
9.1.1 In no event shall the company be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or
for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
9.1.2 In no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the company pursuant to the tour contract, subject to applicable law.
10. Obligation to cooperate
10.1 Cooperation with third party service providers
10.1.1 You must at all times cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during Your tour.
10.1.2 You shall also cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
10.1.3 If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take action to remedy the situation at its sole discretion.
10.2 Transactions entered into by You as an individual
10.2.1 You alone are responsible and liable for all the transactions and purchases made by You on Your tour and the Company shall not be liable for any of such transactions or purchases unless they are made through the Company.
10.2.2 The Company will not censor, screen or otherwise control any such transactions or purchases nor will the Company evaluate whether such transactions and purchases are legal and valid under the law of any jurisdiction.
10.3 Compliance with applicable laws
10.3.1 You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of a tour.
10.3.2 In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.
10.4 Accuracy of Information provided by You.
10.4.1 You represent, warrant and covenant that you have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
10.5 Competence to contract
10.5.1 You represent, warrant and covenant that You are an adult of legal age to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
10.5.2 You represent, warrant and covenant that you are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
11. Passport and Visa
11.1 Passport and Visa Requirements
11.1.1 It is Your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of Your trip.
11.1.2 You should acquaint Yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.
11.1.3 You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on Your behalf, if the Company agrees.
11.1.4 The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.
11.2 Liability of the Company in the event of Delegation to obtain Your Passport or Visa
11.2.1 In the event the Company agrees to acquire passport or visa documents on Your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.
11.2.2 It is Your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents or any other reason whatsoever.
11.2.3 The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.
11.2.4 In the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with clause 5.
12. Mediation; Arbitration
12.1 The parties agree that any and all disputes and claims that each may have against the other that arise out of or relate to the Tour Contract including the breach, termination, enforcement, interpretation or validity of these General Terms and Conditions, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, which are over 15.000 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein, and not in court. The only exceptions to this Arbitration Agreement are that (i) Disputes of up to and including 15.000 USD shall be pursued in Colorado small claims court located in Denver County, Colorado, and (ii) each party may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
12.2 This Agreement evidences a transaction in interstate commerce, and thus the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement.
12.3 If either You or the Company wants to arbitrate a Dispute, the party desiring arbitration must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the tour to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Enchanting Travels Inc, 8400 E Prentice Ave, Suite 1500, Greenwood Village, CO 80111, USA . We will send any Notice to You at the contact information we have for You or that You provide to us at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the parties do not resolve the Dispute within those first 45 days, either party may initiate arbitration as set forth herein.
12.4 Any arbitration between the parties will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company.
12.5 If You are seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either party may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither party requests one, the Company will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), the manner and place of the hearing will be in Denver, Colorado, USA or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.
12.6 Each party agrees to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
13. Governing Law; Jurisdiction
13.1.1 All matters arising out of or relating to the Tour Contract are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
13.1.2 Any legal suit, action or proceeding arising out of or relating to the Tour Contract shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
13.1 Waiver of Jury Trial; Class Action Waiver; Time Limit for Claims
13.1.1 In connection with any action or legal proceeding arising out of the Tour Contract or these General Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
13.1.2 These General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your own behalf instead of through any class action. Even if the applicable law provides otherwise, You agree that any legal action against the Company whatsoever shall be litigated by You, individually, and not as a member of any class or as part of a class action, and You expressly agree to waive any law entitling You to participate in a class action.
13.1.3 The Company is not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur out of these General Terms and Conditions or during the Tour Contract and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then You waive and release any right You may have to make any claim against us arising under, in connection with, or incident to the Tour Contract.
14. Indemnification.
14.1.1 You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.
14.1.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
15. Intellectual Property Rights – Company Website(s)
15.1.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.
15.1.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, trademarks, service marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.
15.1.3 The Company’s services are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property Rights, information, software, products or services obtained from the Company or its Website(s) or from the Company’s travel consultants and advisors without the express prior written consent from the Company.
16. Insurance
16.1 Company has no liability.
16.1.1 Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
16.2 Insurance provided by Third Party.
16.2.1 Insurance, even if purchased as a part of the service by the Company, is provided through a third-party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
16.3 Travel Insurance.
16.3.1 You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.
17. Privacy
17.1.1 In order to make Your tour reservations and other bookings, we will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. We may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
17.1.2 We aim to maintain the privacy of the information provided by our customers and will share only such information with third parties as is necessary for the purposes of Your travel booking, reservation compliance with law and other travel related purpose. Such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share Your personally identifiable or other information to third parties except as expressly provided in these General Terms and Conditions or otherwise after having obtained Your consent and permission. Notwithstanding any other provision of the Tour Contract, we may disclose and share Your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply the Tour Contract and other agreements, including for billing and collection purposes, or (iii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
17.1.3 We may also request that You give us Your feedback and share Your experiences on the tour by providing us with testimonials. These accounts or information may be published or displayed on the Company on its Website(s) and on brochures, presentations and other documents and can be viewed by the public. Such accounts and information may also appear in search results on the internet.
17.1.4 All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In any conflict between such privacy policy and of these General Terms and Conditions, of these General Terms and Conditions will control.
18. Miscellaneous
18.1 Communication with the Customers/Clients
18.1.1 The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.
18.1.2 If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
18.2 Amendment
18.2.1 The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in our business, and changes in relevant laws and regulatory requirements. If we do so we will notify You by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective immediately upon public posting on a Company Website. Except as otherwise set forth herein, the Tour Contract may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
18.2.2 The Company endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.
18.2.3 The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
18.2.4 The Company may make any improvements or changes to the content of the Company Website(s) at any time.
18.3 Severability.
18.3.1 If any provision of the Tour Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract or invalidate or render unenforceable such provision in any other jurisdiction.
18.4 Termination.
18.4.1 In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You:
18.4.2 fail to pay any amount when due under the Tour Contract;
18.4.3 have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or
18.4.4 become insolvent, file a petition for bankruptcy or commence or have commenced against You proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
18.5 Waiver.
18.5.1 No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18.6 Assignment.
18.6.1 You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
18.7 Survival
18.7.1 Provisions of these General Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but n limited to, the following provisions: Compliance with Applicable Laws, Mediation; Arbitration, Governing Law; Jurisdiction, Waiver of Jury Trial; Class Action Waive; and Time Limit for Claims, Insurance, Limitation of Liability, Indemnification and Survival.
1 December 2020