Noel Wynne Imports
& Tours LLC. BOOKING TERMS AND CONDITIONS
THESE ARE THE TERMS
AND CONDITIONS WHICH WILL APPLY TO YOUR BOOKING. PLEASE READ THEM
CAREFULLY
AS YOU WILL BE BOUND
BY THEM.
These Terms and
Conditions govern the relationship between you and Noel Wynne
Imports & Tours LLC. By booking a trip, you agree to be bound by
these Terms and Conditions that outline, amongother things, the
cancellation policy and certain limitations of liability. These
Terms and Conditions affect your rights and designate the governing
law and forum for the resolution of any and all
disputes.
1. THE
CONTRACT:
All persons wishing to make a
booking have carefully read and understand the Terms and Conditions
that follow. By making a booking by telephone, in person, or on the
website www.noelwynnetours.com, or by email or facsimile with the
Company or its Agents, you accept on behalf of yourself and all
those named on the booking including minors and person under a
disability to be bound by these Terms and Conditions. A booking is
accepted and becomes definite only from the date when the Company
sends a confirmation invoice or email. It is at this point that a
contract between the Company and the Client comes into existence.
Before your booking is confirmed and a contract comes into force,
the Company reserves the right to increase or decrease brochure
prices. The Company or their agents reserve the right to decline any
booking at their discretion. The person or persons named on the
booking are hereafter referred to as the “Client”.
All bookings are made
with Noel Wynne Imports & Tours LLC, “the Company”, which sells
the tours described in this brochure and on the Company website or
through its “Agents” who sell the Company’s tours through an
agreement with the Company. A Noel Wynne Imports & Tours
Independent Trip is defined as booking anything advertised on the
company website. These Terms and Conditions shall constitute the
entire agreement between the Company and the Client relating to the
subject matter herein, and shall constitute a binding agreement.
There is no verbal or written; representation, warranty, collateral
agreement, prior agreement, description of services, or conditions,
other than as expressed herein. The service to be provided is/are
the tour(s) referred to in the booking
confirmation.
Conditions of Carriage:
All persons wishing to make a booking including any
carriage by sea have carefully read and understand these Terms and
Conditions, and the Expedition Ticket/Conditions of Carriage.
Carriage by road, air or by sea is subject to the Company’s
conditions of carriage that are available on request and are
expressly incorporated into this contract. The Company’s liability
for death and or personal injury and/or loss of and/or damage to
luggage may be limited by international conventions including the
Athens, Warsaw or Montreal Conventions.
2. MEDICAL
FORM:
All Clients are obligated to
review and acknowledge the Medical Information form, as it relates
to their trip. Clients are asked to review the form, and be familiar
with it. Any questions in relation to the Clients physical or mental
suitability for a trip must be reviewed by their medical
practitioner for approval. The Company cannot offer advise of a
medical nature. Those Clients with pre-existing medical conditions
as defined on the Medical Waiver Form, must return a signed form to
the Company with final payment as specified in Section 7. The Client
must complete the medical waiver form honestly, accurately. The
Company will review the information submitted, and keep the
information in accordance with the published Privacy Policy. The
Company reserve the right to challenge any information submitted,
ask for further information or clarity on certain points. In the
event there is a dispute between the Company and the Client in
regard to the Clients’ physical or mental suitability for a trip,
the matter will be referred to a medical professional at the Clients
expense. The Company reserves the right to deny any Client on
reasonable medical grounds. In the event the Client has made a
booking with the Company and subsequently is unable to complete the
required medical form for any reason by the final payment dates
specified in Section 7, the Company reserves the right to treat the
booking as cancelled, and applicable cancellation penalties
apply.
3. MEDICAL CONDITIONS
AND SPECIAL REQUIREMENTS:
The Company must be
notified in writing at the time of booking of any medical
conditions, pregnancy, physically challenged conditions or any other
mental and or physical condition which may affect fitness to travel
and or any medical condition. Failure to notify the Company may
result in the client being refused travel. Failure to notify the
Company of any such condition that results in cancellation will
result in 100% cancellation fees to the Client. Some trips may be
unsuitable for Clients due to age, mobility, pregnancy or physical
or mental conditions. It is the Client’s responsibility to check
prior to booking. The Company may refuse to carry pregnant women
over 24 weeks or Clients with certain conditions. The Company is not
required to provide any special facilities unless it has agreed to
do so in writing. The Company will do its best to meet Clients
special requests including dietary, but such requests do not form
part of the Contract and therefore the Company is not liable for not
providing these requests. Medical facilities
vary
from country to country and
the Company makes no representations and gives no warranties in
relation to the standard of such treatment.
4.
CURRENCY:
The Company sells only in the
United States Dollar (USD). Local currencies, specifically those of
destination countries, must be obtained independently by the
Client.
5. RESEARCH
FEE:
Quotes provided for the Noel Wynne
Imports & Tours LLC Independent & Custom Tours product line
are subject to a non-refundable research fee of USD$25. Should the booking be confirmed,
this amount will
be deducted off the
final payment amount. Some quotes may be exempt from the research
fee, and if this is the case, will be outlined at time of
quote.
6. DEPOSIT
REQUIREMENT:
Noel Wynne Imports &
Tours LLC Trips and Noel Wynne Imports & Tours LLC Independent
& Custom Tours Trips: At time of booking a non-refundable
deposit of USD$99, per
person per tour is due. Booking dates and payment deadlines will be
specified per tour. The non-refundable deposit and medical form, if
applicable, should be sent to the Company or its Agent. Noel Wynne
Imports & Tours LLC Independent & Custom Tours trips may
require a higher deposit or full payment at the time of booking. If
deposit is different from that outlined in this clause, the
requirement will be advised at time of booking and detailed on the
invoice. If a mixture of Noel Wynne Imports & Tours LLC, and
Noel Wynne Imports & Tours LLC Independent & Custom Tours
trips
are booked, the most
restrictive requirements will apply to the whole
booking.
7. FINAL
PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS:
Noel Wynne Imports & Tours LLC
and Noel Wynne Imports & Tours LLC Independent & Custom
Tours:
(a) Final Payment:
Acceptance of the Client’s booking must be confirmed in
writing by the Company. Please refer to the confirmation invoice
and/or confirmation email for details regarding final payment.
Payment of the balance of the tour price is due according to
published terms per individual trip. If full payment is not received
by the due date, then rates and tour space cannot be guaranteed. If
this balance is not paid at the time the booking is confirmed the
Company reserves the right to treat the Client’s booking as
cancelled. Noel Wynne Imports & Tours LLC Independent
& Custom Tours trips may require a higher deposit or full
payment at the time of booking. If full payment is different to that
outlined in this clause, the requirement will be advised at time of
booking and detailed on the invoice. If a mixture of Noel Wynne
Imports & Tours, and Noel Wynne Imports & Tours LLC
Independent & Custom Tours trips are booked, the
most restrictive requirements will apply to the whole
booking.
(b) Client Details:
In order for the Company to confirm and guarantee the
Client’s travel arrangements the Client must provide all Client
details with their final payment as per the dates specified in
Section 7(a). If the Client does not
provide all details 14 days or
more before departure, a fee of USD$25 will be
charged to the Client. In the event where client details have not
been received by the Company 7 days prior to the Client’s trip
departure, the Company reserves the right to treat the file as
cancelled and full penalties will apply. Client details required
will vary tour by tour, and will be advised during the booking
process.
(c) Traveling with
Children: Currently, the
minimum age for Clients traveling on tours is 21. Certain exceptions
may be considered. Please consult with the Company in writing to
request consideration.
(d) Macchu Picchu Requirements:
Client details including full name as it appears in the
passport that the Client will be traveling with, passport number,
passport expiry date, date of birth and nationality are required to
confirm a booking. Any amendments to these details may result in
failure to secure an Inca Trail permit. The Company will not be held
responsible for any fees levied as a
result.
(e) Credit Card and PayPal
Charges: The Company is not responsible for any charges
applied to credit card or PayPal transactions and will not refund or
return any fees by third parties as incurred during the transaction
of the tour cost.
8. CANCELLATION BY THE
CLIENT:
Any cancellation by a Client
must be made in writing and acknowledged by the Company. The date on
which the request to cancel is received by the Company or its Agents
will determine the cancellation charge applicable.
(a) Cancellation for Noel Wynne Imports & Tours LLC
Trips: The cancellation charges are expressed
hereafter as a percentage of the total tour
price.
A. Deposit is non
refundable.
B. Cancellation 59-20
days before departure: 50% of cost of services
booked.
C. Cancellation less
than 20 days before departure: 100% of cost of services
booked.
Noel Wynne Imports &
Tours LLC Independent & Custom Tours trips may vary in
cancellation policy from that detailed in this clause, and will be
detailed at time of booking.
9. CANCELLATION OF A
TOUR BY THE COMPANY:
The Company reserves the right
to cancel any trip for any reason, but will not cancel a tour less
than 20 days before departure except for force majeure, unusual or
unforeseen circumstances outside the Company’s control. When a tour
is cancelled by the Company, the Client may choose between a full
refund of all monies paid or at the Company’s option any alternative
tour offered by the Company at no extra cost. The Company is not
responsible for any incidental expenses or consequential losses that
the Client may have incurred as a result of the booking such as
visas, vaccinations, non-refundable flights or rail, non refundable
car parking or other fees, loss of earnings, or loss of enjoyment,
etc. If the alternative trip chosen is of a lower value than that
originally booked, then the Client is entitled to a refund of the
price difference. If the Client is offered a refund but requests an
alternative tour of a higher value than that originally booked, then
the Client must
pay the difference in
price. Where a significant element of the trip cannot be provided,
the Company will make suitable alternative arrangements for the
continuation of the trip. If it is not possible to provide a
suitable alternative or the Client reasonably rejects any suitable
alternatives, the Company will provide the Client a refund of unused
tour portions. Where a significant alteration or cancellation occurs
which is not due to force majeure or other circumstances beyond the
Company’s control, the Company will in some circumstances offer
compensation. Significant alterations do not include a change of
airline carrier, flight time tables or itineraries provided the
departure and arrival dates remain unchanged, the substitution of a
vessel, modification of itineraries, change in cabin category or
hotel accommodation provided it is of the same
category.
10. UNUSED
SERVICES:
There will be no discounts or
monies refunded for missed or unused services, this includes
voluntary or involuntary termination/departure from tour, i.e.
sickness, death of a family member etc, late arrival on the tour, or
premature departure either voluntarily or
involuntarily.
11. PRICES AND
SURCHARGES:
No price increases will be
made to a booking 30 days or less before departure. The Company
reserve the right to impose surcharges (price increases) up to 30
days before departure due to unfavorable changes in exchange rates,
increases in air fares or other transportation/fuel costs, increases
in local operator costs, taxes, or if government action should
require us to do so. The Company will absorb 2% of any such
surcharge. If the surcharge/price increase is for more than 2% then
the whole increase will be charged. If any surcharge results in an
increase of more than 10% of the tour cost, excluding insurance
premiums, the Client may cancel the booking within 14 days of
notification of the surcharge and obtain a full refund of all monies
paid (excluding Trip Cancellation Insurance Premiums and/or
flights). Cancellation requests must be received in
writing.
12. WEBSITE
VALIDITY:
The prices on this
website are based on rates and costs in effect at time of posting on
the website. The Company reserves the right to alter prices. For
trips departing between January 1st, 2010 and July 1st, 2010 – the price of the trip is guaranteed when
paid in full, subject to any potential surcharges as stipulated in
Section 11. Beyond July 1st, 2010 dates, itineraries and prices are
indicative only. Additional payment options are specific to
individual trips and listed on the Company
website.
13.
FLEXIBILITY:
The Client appreciates and
acknowledges the nature of this type of travel requires considerable
flexibility and should allow for reasonable alterations by the
Company. The itinerary provided for each tour is merely
representative of the types of activities contemplated, and the
Company is under no contractual obligation to strictly follow it. It
is understood that the route, schedules, itineraries, amenities and
mode of transport may be subject to alteration without prior notice
due to local circumstances or events, which may include sickness or
mechanical breakdown, flight cancellations, strikes, events
emanating from political disputes, entry or border difficulties,
extreme weather and other unpredictable or unforeseeable
circumstances or any other reason whatsoever.
14.
CHANGES:
(a) Changes made by the
Company: While the Company will endeavor to operate all
tours as advertised, reasonable changes in the itinerary may be made
where deemed necessary or advisable by the Company. If the Company
makes a major change the Company will inform the Client as soon as
reasonably possible if there is sufficient time before departure.
When a major change is made prior to departure the Client may choose
between accepting the change, obtaining a full refund of all monies
paid (excluding Trip Cancellation Insurance Premiums and/or flights)
or accepting any alternative tour offered by the Company. The
definition of a major change is deemed to be a change affecting at
least one in three full tour days of the itinerary. If the major
change is due to force majeure or unforeseen circumstances no
compensation is payable. Some changes to the itinerary may happen on
tour as a result of unforeseen circumstances or local situations.
Any changes made to alter the itinerary as a result will be made
with full authority of the Tour Leader and any direct or indirect
cost incurred as a result will be the responsibility of the
Client.
(b) Transfer to another
departure (by Client): Client
initiated transfers from
one tour to another can only be made more than 60 days before
departure date and if approved by the Company. If such a request
is
accepted by the Company,
the Company reserves the right to charge up to the deposit amount of
the first booked tour. Any request to transfer received less than 60
days before departure will not normally
be accepted. In this
case the Client must cancel the booking and then re-book on another
tour. The Client may only transfer a booking to a departure date in
the current season or the season immediately following, if
available. Any such transfers will be regarded as cancellations and
cancellation fees will apply.
(c) Transfer of name:
If the Client is prevented from traveling on the tour
booked by circumstances such as those which would permit a claim on
a standard cancellation insurance policy, the booking may be
transferred to another person, provided they meet all the
requirements relating to that tour and have read, understood and
agree to the terms and conditions of this contract and the
individual trip contract (if applicable). More than 60 days before
departure, all non deposit remittances will apply. Within 60 days,
name transfers are not permitted. Certain exceptions may be
considered.
(d) Amendments:
Within 60 days of departure any amendments to a file will
depend on availability and will be on a request basis. Any extra
costs incurred for making the change will be charged along with an
amendment fee of USD$50. No
amendments are permitted to your booking within 10 days of
departure.
15.
AIRFARE:
Any tour does not include
international air fare or any other flights unless mentioned in the
inclusions. The
reservation at quoted
price.
16. ACCEPTANCE OF
RISK:
The Client acknowledges that
the nature of the tour is adventurous and may involve a significant
amount of personal risk. The Client hereby assumes all such risk and
does hereby release the Company from all claims and causes of action
arising from any damages or injuries or death resulting from these
inherent risks. Prior to tour commencement, the Client may be asked
to sign a participation form, with the following
wording:
“I understand
traveling with Noel Wynne Imports & Tours LLC may involve risks
(and rewards) above and beyond those encountered on a more
conventional holiday, and that I am undertaking an adventure trip
with inherent dangers. I understand I am traveling to geographical
areas where, amongst other things, the standard of accommodation,
transport, safety, hygiene, cleanliness, medical facilities,
telecommunications and infrastructure development may not be of the
standard I am used to at home or would find on conventional holiday.
I have read and understood the Noel Wynne Imports & Tours LLC
policies for this trip I am undertaking and have provided details of
any pre-existing medical conditions I may have to Noel Wynne Imports
& Tours LLC representatives and have waived any liability for
the Company if any complication arises from a pre existing medical
condition . I accept these risks and obligations, and I fully assume
the risks of travel. I fully and forever release and discharge Noel
Wynne Imports & Tours LLC and all other related, affiliated,
associated or
otherwise connected
corporations, partnerships, individuals and other entities and all
of their respective officers,
directors,
employees, contractors, agents, successors and assigns
(collectively, the “Releasees”) from any and all costs (including,
without limitation, actual legal costs), claims, demands, actions,
causes of action and liabilities whatsoever for any and all losses,
damages, death or injuries to persons or loss of property, which may
be sustained by me in connection with or in any way relating to this
trip, due to any cause or reason whatsoever including, without
limitation, the reckless, willful or negligent actions or omissions
of the Releasees or any other person or
persons.
Optional
Activities
I understand during
my trip there may be opportunities to undertake activities, which do
not form part of the
itinerary. I
understand Noel Wynne Imports & Tours LLC makes no
representations about the safety or quality of the activity, or the
standard of the independent operator running it. I also understand
Noel Wynne Imports & Tours is in no way responsible for my
safety should I elect to enter into such optional activities. With
full knowledge of the above, I may still elect to partake in the
activity, and if I do so, I assume full responsibility for any risks
involved, and the waiver and release of the Releasees set out in the
foregoing paragraph shall apply to such optional
activities.”
17. AUTHORITY ON
TOUR:
At all times the decision of
the Company’s tour leader or representative will be final on all
matters likely to endanger the safety and well being of the tour. By
booking with the Company, the Client agrees to abide by the
authority of the tour leader or Company representative. The Client
must at all times strictly comply with the laws, customs, foreign
exchange and drug regulations of all countries visited. If the
Client is affected by any condition, medical or otherwise, that
might affect other people’s enjoyment of the tour, the Client must
advise Noel Wynne Imports & Tours LLC at the time of booking.
Should the Client fail to comply with the above or commit any
illegal act when on the tour or, if in the opinion of the tour
leader, the Client’s behavior is causing or is likely to cause
danger, distress or annoyance to others the Company may terminate
that Client’s travel arrangements without any liability on the
Company’s part and the Client will not be entitled to any refund for
unused or missed services or costs incurred resulting from the
termination of the travel arrangements.
18. GUARANTEED
DEPARTURES:
The Company guarantee selected
departures at their discretion. This guarantee of departure is still
subject to force majeure situations, and the Company reserves the
right to remove the guaranteed designation at anytime due to
circumstances beyond reasonable control. The Company will not be
held accountable for any indirect cost resulting to the client for
this action.
19. TRAVEL
DOCUMENTS:
(a) The Client must be in possession of a
valid passport required for entry, departure and travel through
each
destination point along
the itinerary of the tour, (passport must be valid 6 months past the
return date), all visas, permits and certificates including
vaccination certificates, insurance policies, required for the whole
of the journey. The Client accepts full responsibility for obtaining
all such documents, visas and permits prior to the start of the
tour, and is solely responsible for any adverse consequences
resulting from missing or defective documentation. Any information
or advice given by the Company regarding visas, vaccinations,
climate, clothing, baggage, special equipment, etc. is purely
advisory, provided as a courtesy to the Client, and the Company is
not responsible for any errors or omissions as to the information
provided.
(b) To expedite the
issuing of Noel Wynne Imports & Tours LLC travel documents
please note that all tour related travel documents such as vouchers,
itineraries and invoices will be sent via email or will be available
on the website www.noelwynnetours.com once full payment has been
received by the Company. The Company reserves the right to impose a
fee for those Clients who wish to receive paper
documents.
(c) It is the
Client’s responsibility to visit the website at least 72 hours prior
to departure to ensure the most current Tour Itinerary is in their
possession as minor changes may have been made since the tour
documents were originally provided by the
Company.
20. FACTORS OUTSIDE
THE COMPANY’S CONTROL (FORCE MAJEURE):
The Company shall not be
liable in any way to the Client for death, bodily injury, illness,
damage, delay or other loss or detriment to person or property, or
financial costs both direct and indirect incurred, or for the
Company's failure to commence, perform and/ or complete any duty
owed to the Client if such death, delay, bodily injury (including
emotional distress or injury), illness, damage or other loss or
detriment to person or property is caused by Act of God, war or war
like operations, terrorist activities or threat thereof, civil
commotions, labor difficulties, whether or not Company is a party
thereto, interference by authorities, political disturbance,
howsoever and where so ever any of the same may arise or be caused,
riot, insurrection and government restraint, fire, extreme weather
or any other cause whatsoever beyond the reasonable control of
Company.
21.
INSURANCE:
It is mandatory that all
Clients obtain travel insurance with a minimum medical coverage of
US$200,000 while
traveling with the
Company and this insurance must cover personal injury, medical
expenses, repatriation expenses, and evacuation expenses. Clients
must be able to provide proof of Insurance purchase and adequate
coverage as per the required amounts above if requested by the group
Leader or Company Representative. It is strongly recommended the
coverage be extended to include cancellation, curtailment, and all
other expenses that might arise as a result of loss, damage, injury,
delay or inconvenience occurring to the Client. The Company shall
have no liability for loss, theft of or damage to baggage or
personal effects. Personal belongings lost or stolen while
unattended by the client in publiclounges or other public areas,
whether on board a vessel, train, bus, or other mode of
transportation, publicly owned or operated by the Company or
elsewhere, are not reimbursable. Losses due to ordinary wear and
tear, and other acts of God are not reimbursable. The Company cannot
accept responsibility for and in no event shall be liable for loss
or
damage of valuables or
other articles left in or on facilities used by the Company such as
hotels, homestays, vessels, expedition vehicles, or any other mode
of transportation.
When the Client has
obtained travel insurance through the Company, the Client
acknowledges that he or she is satisfied with the levels of
insurance arranged by the Company. Where the Client has declined to
purchase insurance through the Company, the Client acknowledges that
the cost of the tour does not include insurance, and that the Client
is required to obtain separate coverage at an additional cost. When
obtaining travel insurance from a source other than the Company the
Client must ensure the insurer is aware of the type of travel to be
undertaken.
22. STANDARDS ON
TOUR:
The Client acknowledges the
quality of the products and services, including accommodations,
transport and all other services related to the tour that are
organized by the Company or its representatives are likely to be
different in standard to what the Client may reasonably expect at
home. Further, the Client understands, appreciates and accepts any
variance in quality or level of service as a part of the adventure
travel experience. All arrangements made by the Company are done so
with best of intentions to match any description provided, however,
the Client reasonably allows for local conditions to influence
products and services.
23. RESPONSIBILITY FOR
YOUR TOUR:
All services herein are
organized by Noel Wynne Imports & Tours LLC. Notice is hereby
given that all arrangements made on behalf of the Client are made by
organizers on the sole condition that the organizers shall not be
held responsible for any injury, death, accident, delay, loss,
damage or irregularity which may be occasioned through acts of any
company and/or persons engaged in carrying out the arrangements.
Noel Wynne Imports & Tours LLC acts as an agent for transport
companies, hotels and other contractors and shall not be held liable
for any injury, damage, loss, delay or irregularity that may occur,
including, but not limited to, any defect in a vehicle or any other
form of conveying a traveller, acts of God, detention, delays or
expenses arising from quarantine, strike, riots, theft, force
majeure, civil disturbance, government restriction or regulation,
accident by aircraft, boat, bicycle, motor vehicle or any other form
of transport or in any
hotel or guest house,
pension, or other form of accommodation. The Client acknowledges
that the quality of the products organized by the Company, including
accommodations and all other services related to the tour which are
organized by the Company, are not within the control of the Company
and that in any event the quality of such products may be
compromised by local conditions.
Accordingly, the Client
hereby releases the Company from all claims and causes of action
arising from any damages, loss of enjoyment, inconvenience, or
injuries related to the quality of such products. The information
contained on this website is correct to the best of the Company’s
knowledge and the Company accepts no liability for any innocent
inaccuracies contained herein. The Company reserves the right to
alter any itinerary in progress or service at any time without
penalty to the Company. Any additional expense or cancellation shall
be borne by the customer. The organizer reserves the right to
withdraw or refuse any service to any customer at the discretion of
the organizer. Payment of deposit is taken as acknowledgment and
agreement to these terms and
conditions.
24.
DISCOUNTS:
All discounts and reduced
pricing are applied at the Company’s discretion. From time-to-time
the Company may offer reduced pricing on selected tours. The reduced
pricing applies strictly to new bookings, and bookings that have
already provided deposit are locked into their original price and
are not entitled to the reduced pricing.
25. CLAIMS AND
COMPLAINTS:
If a Client has a
complaint against the Company, the Client must first inform the tour
leader at the earliest opportunity to allow the grievance to be
rectified. If satisfaction is not reached, contact the Company
representative whilst on tour in order that the Company is provided
the opportunity to rectify the matter. Failure to indicate
dissatisfaction whilst on tour will result in the Client’s ability
to claim compensation from the Company being extinguished or at
least reduced. If satisfaction is still not reached through these
means on tour then any further complaint must be put in writing to
the Company via it’s Agents or directly to head office at noelwynne@att.net or Noel Wynne
Imports & Tours LLC, 2600 S. Harrison St., Little Rock, AR
72204-5172 within 30 days of the end of the tour. The Company will
not accept any liability for claims received after this
period.
26. SUPPLIERS
CONDITIONS:
Airlines, railways, coach and
shipping companies and other suppliers have their own booking
conditions or conditions of carriage, and the Client will be bound
by these as far as the relevant transport provider or supplier is
concerned. Some of these conditions may limit or exclude liability
on the part of the relevant transport provider or other supplier,
and they are often also subject to various international
conventions. Where relevant, copies of such conditions may be
available for inspection at the Company’s offices, or at the offices
of the relevant supplier. The Company’s liability will be limited to
and shall not exceed that of its suppliers. The Client is precluded
from making a double recovery by making the same claims and seeking
the same recovery against the Company and its suppliers. Additional
liability waivers may be required for certain activities involving
suppliers, like rafting and organized tours involving all levels of
physical exertion.
27. LOCAL
CONDITIONS:
The Client acknowledges he or
she will be visiting places where the political, cultural and
geographical attributes present certain risks, dangers and physical
challenges greater than those present in his or her daily lives. By
booking travel with the Company, the Client acknowledges she or he
has considered the potential risks, dangers and challenges, and
expressly assumes the risks attendant to such travel conditions. The
Client is solely responsible for acquainting themselves with
customs, weather conditions, physical challenges and laws in effect
at each stop along the itinerary, and are encouraged to locate or
make contact prior to embarkation with his/her local embassy or
consulate in each destination.
28. OPTIONAL
EXTRAS:
Optional extras do not form
part of the tour or contract. It is understood and accepted by the
Client that any
assistance given by the
tour leader or representative in arranging optional extras does not
render the Company liable for optional extras. Accordingly, the
Client hereby releases the Company from all claims and causes of
action arising from any damages, loss of enjoyment, inconvenience,
or injuries related to the quality of such products.
29.
SEVERABILITY:
In the event that any term or
condition contained herein is unenforceable or void by operation of
law or as being against public policy or for any other reason then
such term or condition shall be deemed to be severed from this
Agreement or amended accordingly only to such extent necessary to
allow all remaining Terms and Conditions to survive and continue as
binding.
30. SUCCESSORS AND
ASSIGNS:
These Terms and Conditions
shall inure to the benefit of and be binding upon the Company and
the Client and their respective heirs, legal personal
representatives, successors and assigns.
31. ERRORS AND
OMISSIONS:
Although the Company has made
a concerted attempt to verify the accuracy of statements made herein
and the Company cannot be held responsible for any error, omission
or unintentional misrepresentation that may appear in this document
or on the website.
32. PRIVACY
POLICY:
The Company will provide
personal information, as well as any personal information provided
in relation to persons whose travel arrangements have been requested
by the Client, to suppliers and carriers to enable the operation of
the services requested. The Company will do all reasonably possible
in endeavoring to protect personal information. Please refer to the
website www.noelwynnetours.com for the Company’s Privacy
Policy.
33. FINANCIAL
SECURITY:
To ensure tour arrangements
are fully protected, all money received as payment for tours booked
with Noel Wynne Imports & Tours LLC is deposited in a Savings
Account with Bank of America. The Noel Wynne Imports & Tours LLC
Savings Account is bound by regulations. Funds are held in savings
until the services comprising the tour have been paid for by the
Company.
34. APPLICABLE LAW AND
CHOICE OF FORUM:
The contract including all
matters arising from it is subject to the location the booking was
made.
35. UPDATING OF TERMS
AND CONDITIONS:
The Company reserves the right
to update and amend these terms and conditions at anytime. It is the
responsibility of the Client to keep updated with any changes. The
current version of terms and conditions will always be found on the
website www.noelwynnetours.com and will be the terms referred to in
any dispute.
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