These terms and conditions are applicable to customers based in the United States or Canada only.
1. Tour Contract
1.1 Travel Confirmation
1.1.1. After You initiate a booking with the Company, the Company will deliver to You a travel confirmation (the “Travel Confirmation”) from the Company’s travel consultant. This Travel Confirmation will include (i) all details of your travel arrangements, (ii) additional terms and conditions to your travel arrangements, if any, (iii) policy statements issued by the Company, (iv) an invoice for Your tour, (v) a booking form and (vi) a copy of these General Terms and Conditions (these “Conditions”), all of which are incorporated by reference into the Travel Confirmation.
1.1.2. Your confirmation of the booking after receipt of the Travel Confirmation is an acceptance of the Travel Confirmation, 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 are the terms and conditions of the Tour Contract.
1.2 Mode of Confirmation
You may confirm a booking by completing and submitting the online booking form provided to You with the Travel Confirmation.
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 these Conditions include Other 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.
2.1 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, by credit card using a secure payment link on our website, or through any other method of payment otherwise indicated in the Tour Contract:
(i). Upon Your confirmation of the booking, thirty percent (30%) of the total invoiced price of the tour is due as an advance to confirm the booking.
(ii). The remaining seventy percent (70%) of the invoiced price is due at least 60 days prior to start of the tour.
(iii). If the booking is accepted within sixty (60) 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. Upon receipt of final payment, the Company will send You within 7 days via email the hotel vouchers and any other travel documents for the tour.
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 (“Company Website(s)”) 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.
3.1 Details of Services Provided. 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. 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.
4.2 New Tour Contract. 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 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 / ununsed 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. 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
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 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, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
In the event that a Force Majeure Event causes the Company to be unable to provide the services to be performed by it under the Tour Contract, either You or the Company may choose to terminate the Tour Contract upon 10 days written notice to the other party. On termination of the Tour Contract as specified in this clause, the Company will, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on Your behalf by the Company during the tour and any other non-refundable fees and charges.
The Company will not be obligated to and does not guarantee that You will receive a refund. You will be liable to pay costs for the services and products utilized until the date of such termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to You.
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.
In case of a Force Majeure Event, the Company reserves the right to change the tour itinerary and/or the Tour Price pursuant to clause 4.1 prior to the start of the tour or on tour, as the case may be.
Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the tour, You shall not be entitled to any refunds from the Company 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
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.
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 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.
8.2 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 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.
9.2 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, airlines staff, hotel staff, adventure activities instructors, tour guides, the local tour management and others service providers during your tour.
10.1.2. You shall also co-operate 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. 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. Governing Law; Jurisdiction
12.1 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.
12.2 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 of 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 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.
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. Intellectual Property Rights – Company Website(s)
14.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.
14.2 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.
14.3 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.
15.1 Company has no liability. 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.
15.2 Insurance provided by Third Party. 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.
15.3 Travel Insurance. 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.
16.1 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.
16.2 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 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.
16.3 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 Communication with the Customers/Clients
17.1.1. 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.
17.1.2. If You prefer a particular medium of communication only or do not want the Company to communicate with You via any particular medium, 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.
17.2.1. 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.
17.2.2. 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.
17.2.3. 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.
17.2.4. The Company may make any improvements or changes to the content of the Company Website(s) at any time.
17.3 Severability. 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.
17.4 Termination. In addition to any remedies that may be provided under these Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You, if You:
17.4.1. fail to pay any amount when due under the Tour Contract;
17.4.2. have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or
17.4.3. 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.
17.5 Waiver. 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.
17.6 Assignment. 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.
17.7 Survival. Provisions of these 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 not limited to, the following provisions: Compliance with Applicable Laws, Governing Law; Jurisdiction, Insurance, Limitation of Liability, Indemnification and Survival.