By activating electronically the “Accept” tab you acknowledge and confirm to have read and understand these Terms and Conditions and agree and commit to abide all such Terms and Conditions and agree and commit to all itinerary and pricing in the Trip Plan provided by Sunset Tours for your Trip:
These Terms and Conditions are effective and binding on the Parties upon (1) your activating electronically the “Accept” tab to these terms and conditions and (2) your delivery of payment of 25% of total cost of the Trip Plan.
Definitions:
“Agency”-Sunset Sports Tours, Ltd.
“Authorized Party”-Any third party, including its owners, directors, employees, agents and/or representatives, who provide you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, hotelier, excursion leader, driver, instructor, group leader or crew member.
“Booking”- A reservation made by the Agency to fulfill your Itinerary.
“Group”- Eight (8) or more Travelers participating in the Itinerary.
“You and Your”-The person activating the electronic “Accept” tab at the bottom of these Terms and Conditions and each person in the Group.
“Travel Services”- Each and all travel products and products provided to Travelers by third parties, including but not limited to, air, land and/or water transportation, lodging, auto rentals, entertainment, food and drink services.
“Trip” the composite of all Travel Services for your Group for which Bookings are made.
“Trip Plan” the documentation Sunset Sports Tours provides you, which may contain itinerary, scheduling, details and pricing for your Trip.
TRAVELER OVERALL RESPONSIBILITY
You are responsible to (1) carefully read and understand these Terms and Conditions, your Trip Plan and all correspondence between the Parties regarding your Trip; (2) contact us to arrange your Trip Plan at least thirty (30) days prior to departure date to ensure availability, avoid late-Booking fees and avoid rate increases; (3) make all deposits and payments per the schedules and dates set forth in your Trip Plan; (4) review, remain aware and updated regarding travel warnings relating to your Trip by accessing United States governmental travel advisory sites set forth in these Terms and Conditions; and (5) fully comply with the obligations and responsibilities agreed upon in these Terms and Conditions and your commitment to the Trip Plan.
You warrant and represent you are eighteen (18) years of age or older and have authority to enter into this Agreement on behalf of all minors and Travelers on the same Booking who reside in your household.
If you do not understand, or have questions regarding any part of these Terms and Conditions, you are responsible to contact us in writing as soon as possible for clarification(s) or to resolve any such questions or issues.
PERSONAL INFORMATION
You understand and hereby acknowledge that, as part of Booking and Travel Services, your personal information may be conveyed to Agency and third-party providers to accommodate your Trip Plan, and you hereby consent to the use of your personal information by these parties. Such personal information may include birth dates, passport numbers, travel dates, hotel accommodations, frequent flyer information, bank accounts, credit cards and other information required to secure travel and accommodations.
Agency disclaims any responsibility or legal liability related in any manner to: (1) the distribution of your information to any third party, including any CRM or other technology platform outside our control; or (2) any third party’s failure to protect your personal information . You hereby authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.
PRICING AND INCLUSIONS
Quoted prices are based on the precise inclusions provided to you in your Trip Plan.
Unless specifically itemized in the Trip Plan, prices do not include other travel costs, fees or taxes, inclusive of: (1) airfare; (2) airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or other government imposed fees or taxes; or (3) meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, extensions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, portage, departures, travel segments, health, medical treatment or testing, vaccination, pharmaceuticals or any other personal charges.
All prices and availability are subject to change without prior notice until you complete full payment of deposits and other amounts due, as agreed in your Trip Plan. However, even upon full payment of deposits and other amounts due, as set forth in your Trip Plan, which is incorporated into this Agreement, you agree to pay additional fees and costs which may arise from variable circumstances beyond Agency control, including fuel and surcharges.
Agency has no responsibility for (1) price changes or variable fees; (2) currency exchange fluctuations; or (3) fees or surcharges relating to foreign currency transactions.
We possess the right, at any time for any reason, to correct errors or omissions regarding prices, to re-invoice you at a corrected price or initiate any other corrective pricing regarding your Booking.
PAYMENT
You agree and are responsible to make full payment of all deposits and other amounts due as agreed to and set forth in your Trip Plan. If you do not make full payment of any deposit or other amount by the due date set forth in the Trip Plan: (1) price increases, fees or penalties may be imposed; (2) your Bookings may be cancelled in whole or in part; and (3) your previous deposits and other amounts paid may be NON-REFUNDABLE. You are soley and individually responsible for all consequences relating to your late or non-payment, and Agency has no responsibility or liability for such payment failures.
If you request, re-Booking Agency will assist you with obtaining refunds due to re-Booking Trips, (i.e. using future cruise credits). However, Agency may, in its sole discretion, charge a NON-REFUNDABLE FEE for re-Bookings.
Your payments in currency other than United States Dollars will be converted at the then-current exchange rates between United States Dollars and the currency of the country in which services are to be delivered.
CREDIT AND DEBIT CARDS
By submitting your credit and/or debit card, payment by check, money orders, Zelle or PayPal you confirm, represent and warrant to Agency (1) Your authorization to utilize any such method of payment; (2) you authorize Agency and our agents, to utilize the method of payment for payments made on the due dates required by this Agreement and set forth in your Trip Plan. Should your card or other method of payment contain insufficient funds or if those accounts are closed or expired prior to the due date for payments you acknowledge and represent Agency has the right to suspend or cancel any Booking, without the obligation to refund any prior payments made by you or on your behalf.
CHARGEBACKS
You acknowledge and hereby agree not to initiate, and you hereby waive ability or right to pursue any manner of chargeback, reverse charge, refund or recollection for any reason including delay, cancellation, refusal of entry, exit or transit, force majeure event, coaching or event cancellations, provision or non-provision of travel services, price changes, fees, penalties or any matter related to your Itinerary and Booking.
This clause survives termination of this Agreement.
CHANGES, CANCELLATIONS, REFUNDS
If you change, cancel, partially use or do not use Travel Services for any reason, including, but not limited to, actual or threatened fear of potential health conditions, pandemics, epidemics, weather conditions, terrorism, political unrest, war or threatened war you will be subject to the following fees and penalties:
Days prior to start of Travel Services Charges and Fees
-61 days or more 50% per person
-60 days or less100% of total Travel Services
NO SHOWS
Failure to show up for any Booking, including travel plans, is considered a “no show”. The no show penalty is a complete forfeiture of all Booking payments without reimbursement.
PASSPORTS, VISAS, MEDICAL DOCUMENTATION
You are responsible for (1) determining in advance any and all documents required to enter, exit, or transit any jurisdiction, including, but not limited to if required, passports, visas and/or medical documentation, (2) acquiring and maintaining such documentation, (3) ensuring all such documentation is current and in your possession and (4) obtaining complete knowledge of and remaining familiar with the laws, rules and regulations governing travel in each jurisdiction in your Itinerary. Agency will not be responsible for or bear any liability for your failure to abide and provide for all such documentation and travel requirements.
Agency is not responsible to refund or reimburse Traveler for any costs or losses incurred as a result of Travelers failure to obtain, maintain or possess any documentation required to transport through your the jurisdictions set forth in your Trip Plan. Refusal of entry, exit or transit by any third party or jurisdiction will not be basis or legal justification for cancellation, refund or reimbursement of any Travel Services.
All United States citizens traveling to or from any international destination must have a passport valid and in effect at least six (6) months beyond Travelers date of return to the United States. Those under the age of seventeen (17) traveling without an adult, with a single parent or with a non-parent adult may be required to carry and exhibit additional authorizations or documentation to establish consent to escort or accompany the under seventeen (17) years of age traveler. Agency has no responsibility relating to obtaining or maintaining such authorization or documentation.
CRIMINAL RECORDS
Some jurisdictions may restrict or deny entry for persons with criminal records. You are responsible for researching, knowing and understanding the entry laws of each and every jurisdiction through which your Trip Plan will take you. You are also responsible to inquire of, and possess knowledge of your criminal record and that of anyone in your Party. Agency has no responsibility to and does not make any inquiry of the criminal record or status of any Traveler.
ACCOMODATIONS
Hotel accommodation is subject to availability at the time of reservation. Amenities, including air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, restaurants, bars, fitness facilities, pools and spas are not guaranteed at all properties and are not guaranteed to be operational or available during your stay. Refunds regarding amenities are the responsibility of the hotel.
AIR TRAVEL
If Agency is to provide for air travel, airline tickets may have to be paid in full at the time of Booking. Airline tickets, once purchased, may be NON-REFUNDABLE or NON-TRANSFERABLE, subject to each airline’s terms and conditions. Most airlines consider a name-change to be a cancellation. Domestic flight requirements may differ from international flight requirements.
Seat assignments are based on availability at the time of selection and payment. Airlines may change seat assignments and aircraft or address other operational matters at any time. Agency does not guarantee seats in specific locations or next to each other. Airline seat assignments, baggage, carry-ons, meals, drinks and other services may be subject to additional fees. You are responsible for: (1) confirming in advance airline rules and availability of such services and baggage allowances; and (2) paying all related fees.
Agency is not responsible for any: (1) fees imposed by airlines for services; (2) changes to seat assignments after selection and payment; (3) loss, injury, accident, error or omission that may occur, including schedule changes, delays, cancellations, and expenses due to weather conditions, airline operations, or equipment repair or failure; or (4) other matters beyond Agency’s control . You agree to comply with safety guidelines of all airlines and hold Agency harmless from any liability due to airline rules and operations.
TRAVELER IDENTIFICATION AND PROOF OF CITIZENSHIP
The Transportation Security Administration (TSA) requires all airline passengers to provide: (1) secure Flight Passenger Data (SFPD); (2) full name as it appears on government – issued identification; (3) date of birth; (4) gender; and (5) redress number (if available). The names of Travelers on all reservation and travel documents must match the name as it appears on that Travelers government – issued identification. Traveler is responsible for any fees or expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect or non –
matching information. Updated information regarding security measures and air travel requirements are available at https://www.tsa.gov. It is strongly recommended Travelers thoroughly review this website prior to planning travel and/or embarking on travel.
BAGGAGE AND PERSONAL ITEMS
You are soley responsible at all times for your baggage and personal items, including items acquired during your travel. Agency is not responsible for any damage, loss, delays, or other matters relating to such baggage and personal items.
TRAVELER CONDUCT
You are responsible for (1) any and all damage, loss or liability caused by your acts, errors or omissions, and (2) payment and reimbursement for all such damage, loss or liability to any third party.
Agency is not responsible for any costs, damage, loss or liability relating in any manner to (1) Traveler conduct; or (2) Traveler removal from any Travel Services, in whole or in part, whether based on negligence, willful misconduct, reckless indifference or otherwise. You agree not to hold Agency, its owners, directors, employees, agents or representatives accountable for any claims arising out of, or related in any manner to Travelers conduct, acts, errors or omissions.
Any Authorized Party may, in its discretion, refuse You any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes or obtains information: (1) you are a danger to yourself or any other participant, (2) you have engaged in, are engaged in, or are threatening to engage in behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party; or (3) you do not follow any rule, procedure or instruction of any Authorized Party.
If you are subject to any such determination of an Authorized Party: (1) you may be left at any location, city, port, or place or mode of transport and (2) you will be soley responsible for all costs relating to your subsequent subsistence, accommodation and transportation, (3) you will forego any right to refund, in whole or in part, any fees paid by you for any Travel Services; and (4) no Authorized Party will have any direct or indirect liability of any kind relating to aforesaid Traveler acts, errors, omissions, negligence, indifference or intentional acts.
RESTRICTED PRODUCTS AND MATERIALS
You are individually responsible for knowing, understanding and complying with applicable laws and regulations in each jurisdiction in which you will travel or transit regarding the possession and use of : (1) restricted or illegal products and/or materials including: (a) animal and animal products; (b) plants, fruits, vegetables and/or soil; (c) cultural artifacts; (d) alcohol, tobacco and vapes; (f) firearms and ammunition; (g) knives and cutting instruments; (h) weapons; (i) flammables and explosives; and (j) any other products or materials which may be restricted or illegal in some jurisdictions but unrestricted and legal in others; and (2) drugs, substances, and paraphernalia, including prescription , over – the – counter, and other products and materials which may be
restricted or illegal in some jurisdictions but unrestricted and legal in others (“Drugs”). Possession or use of Drugs may result in (1) immediate termination of Travel Services; and/or (2) detainment, prosecution, and/or incarceration by any government authority. Local laws may require you to carry evidence or proof of medical prescriptions from a qualified physician.
HAZARDOUS MATERIALS
You are individually responsible for knowing, understanding and complying with all applicable laws and regulations in each jurisdiction in which you will travel or transit regarding hazardous materials and/or insecticides and confirming with your airline or other travel provider regarding your Trip Plan and all applicable laws and regulations regarding hazardous materials and/or insecticides. All air passengers are prohibited by United States Federal Law and Regulations from bringing hazardous materials aboard aircraft in their baggage or on their person. Violations can result in up to ten (10) years of imprisonment and significant fines under 49 U.S.C. sect. 5124
(see, https://www.govinfo.gov). Examples of hazardous materials include, but may not be limited to, explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries and radiopharmaceuticals. Special exceptions may apply for small quantities of medical or toilet articles carried in your baggage or on your person. Restrictions of hazardous materials are listed at
https://www.tsa.gov. Some airports in foreign jurisdictions require treatment of passenger airline cabins and/or inspections prior to or during flights. The United States Department of Transportation lists such requirements at https://www.transportation.gov. It is highly recommended these three sites be consulted should you have any doubt as to what constitutes a hazardous material or the transport of such materials.
DISABILITIES AND SPECIAL NEEDS
If you have physical disabilities or special needs or require accommodation due to a physical condition or need that may require non-emergency special services, additional support, or disability accommodations, you are required to advise the Agency in advance of Booking of any such special needs or accommodations.
Airlines and other transport providers may impose charges for additional baggage and may have size restrictions for wheelchairs or other physical support equipment. If you are unable to use your own wheelchairs, mobility devises, or other medical or support equipment or devises, rentals may be available, potentially subject to additional charges.
If you travel with a service or emotional support animal, third parties may require advance arrangements and documentation regarding the animals health, training and related factors.
Countries outside the United States and Canada often apply different laws, rules, regulations, standards and accommodations for persons with disabilities or special needs. Travel destinations may have limited medical facilities, limited availability of prescription medications and/or limited means to accommodate your disability or special needs. You are required and responsible to consult a health provider or advisor to determine your needs prior to planning or Booking your travel.
You are required and responsible for advising Agency of any physical disabilities or special needs. Agency will make reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Travelers disabilities or special needs. However, Agency cannot guarantee accommodation of any special needs and is not responsible for the failure of any third party to meet Traveler special needs or expectations.
PANDEMICS, EPIDEMICS AND TRAVEL ADVISORIES
You are individually responsible for determining in advance and being aware of any compliance with any and all restrictions relating to pandemics, epidemics and all travel advisories. You warrant to have reviewed, comprehend and continually monitored United States Center for Disease Control (“CDC”) and the United States Department of State travel advisories, notices, warnings, restrictions, and rules, including those relating to pandemics, epidemics and other health threats. Such can be reviewed at https://www.cdc.gov and https://www.state.gov.
FOOD ALLERGIES
If you have food allergies or any similar conditions that may cause you harm or illness during your travel you are required and responsible to advise Agency in advance of Booking of any such conditions. Each such Traveler having food allergies or similar conditions (1) acknowledges the possibility of an elevated risk of reactions, delays or disruptions during travel; and (2) the sole responsibility of each Traveler to protect against ingestion of foods or beverages associated with the Travelers food allergy or similar condition and for performing all due diligence relating to such food allergies or similar conditions prior to, during and following travel.
ILLNESS AND INJURY
If you become ill, injured or physically incapacitated during a Trip, you bear all responsibility for your well-being and treatment, if and as required. In such instances, you are responsible for all costs, planning, and logistics regarding alternative travel arrangements. You will not cause delay or interruption regarding any Trip or otherwise burden other Travelers in your Group. You release Agency, third parties, and other Travelers in your Group from responsibility or liability in any way related to your illness, injury or incapacity. You further release Agency, third parties and other Travelers in your Group from any responsibility, liability or losses because of missed flights or connections, travel delays or unused Bookings related in any manner to your illness, injury or physical incapacitation.
FORCE MAJEURE
No failure or delay in the performance of any obligation under these Terms and Conditions will be a breach of this agreement if such failure or delay is related in any manner to Force Majeure or any cause beyond the reasonable and foreseeable control of this Agency. Force Majeure includes acts of God, floods, weather conditions, fires, explosions, accidents, war or threat of war (declared or undeclared), terrorism, sabotage, insurrection, riots, strikes, civil disobedience, pandemics, epidemics, quarantines or any form of governmental intervention.
Agency is not liable for and will not provide any refunds caused by delay or non-performance under these Terms and Conditions if such delay or non-performance is in any way related to any Force Majeure. If any third party is affected by a Force Majeure, it may, in its discretion, vary or cancel any arrangement in relation to your Trip Plan or Booking without notice. In such instance, you remain responsible, financially and otherwise, for all alternative arrangements and accommodations.
NOTICE OF NON-LIABILITY
Agency arranges Travel Services with third parties which are not owned, operated, managed or controlled by Agency, its employees, shareholders, officers and/or directors, and which are independent and separate of Agency.
Agency has no responsibility or liability for Travel Services, and we make no representation or warranty, express or implied, regarding the value, quality, suitability, safety or provision of such services. Agency is not responsible or liable for any direct, indirect, consequential, punitive, special, exemplary or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any type or kind whatsoever occasioned by reason of any act or omission beyond Agency’s control, including, but not limited to, any willful, criminal or negligent act of any Traveler or third party, breach of contract, cancellation, misrepresentation, bankruptcy, or cessation of services of any third party, such as airline, railroad, hotel, restaurant, food supplier, bus, taxi van, local group handler or outfitter, which is to or does supply any goods or services.
If any court of law or decision – making authority awards you damages against Agency, whether in law or equity or arbitration proceeding, such damages will be limited to the total commissions we collect for making your Bookings. This non-liability clause is effective and in full force and implementation beyond the date of, and provision and completion of all services and obligations required by your Booking.
INDEMNITY
You, and all minor and adult Travelers on the same Booking, who reside in your household (each an Indemnifying Party), agree to indemnify and hold harmless Agency, its owners, directors, employees, contractors, coaches, instructors, agents representatives, advisors, successors and assigns from all claims, damages, suits, demands, costs, including attorney fees and legal costs arising from any: (1) breach of this Agreement by an Indemnifying Party; or (2) any act or omission, whether negligent, intentional, willful by any Indemnifying Party.
This Indemnity clause is effective and in full force and implementation beyond the date of, and the provision and completion of all services and obligations required by your Booking.
INSURANCE
You and Your Party are required to have in full force and effect Travel Insurance providing coverage for the entire length of the Trip for Emergency Medical and Emergency Evacuation/Repatriation costs and fees. Such coverage must be in place at least twenty-one (21) days prior to your Trip.
For your convenience, we offer Travel Insurance referenced above and Travel Protection Plans which may include coverage for Trip Cancellation, Trip Interruption, Travel Delays and/or Baggage Delays. Please see Website for details.
You are under no obligation to purchase Travel Insurance or Travel Protection through the Agency as offered on the Website. However, as to the requirement of Travel Insurance, if you purchase such coverages through an Insurance Agent or Insurer not affiliated with this Agency you must provide a Certificate of Insurance to this Agency establishing such coverages to be in full force and effect for the entirety of your Trip, the type of insurance coverage in effect and the identity of the Insurer providing the coverage. The Insurer providing the Travel Insurance must have at least an A rating from AM Best Insurance. Such Certificate of Insurance must be provided Agency at least twenty-one days prior to your Trip.
GENERAL
Amendments. These Terms may be amended only in writing by the Agency.
Assignment. You may not assign any right or obligation under these Terms and Conditions without Agency’s prior written consent, which will not be unreasonably withheld or delayed.
Waiver. No forbearance or delay in enforcing these Terms and Conditions will prejudice or restrict any of your rights or of the Agency. No waiver of right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
Severability. If any part of these Terms and Conditions is found unenforceable, such finding of unenforceability will not effect the remaining Terms and Conditions which shall remain fully in force.
Relationship of Parties. These Terms and Conditions do not create an agency relationship, partnership, joint venture or employment relationship between or among the Parties. You have no authority to bind the Agency or incur any obligation on behalf of the Agency.
Discretion. While each Party acknowledges its duty of good faith and fair dealing, a Party’s discretion means it may consider its own interests without considering the effect of its decision on the other Party.
Notices. Notices under these Terms and Conditions will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided under these Terms and Conditions for purposes of Notice.
Acceptance. You confirm acceptance of these Terms and Conditions and your Trip Plan by activating electronically the “Accept” tab at the conclusion/bottom of these Terms and Conditions.
Conflicts. If any conflict arises between these Terms and Conditions or Trip Plan prepared by this Agency and any third-party terms, these Terms and Conditions and the Trip Plan prepared by this
Agency will control. If any conflict arises between these Terms and Conditions and the Trip Plan prepared by this Agency, the latter will control.
Interpretation. The Parties intend that (1) headings will not be used to interpret these Terms and Conditions; (2) the words “include” and “including” are without limitation; (3) no text will be construed against as author; and (4) all text is conspicuous.
Termination. Upon termination of these Terms and Conditions, each Party’s rights and obligations will cease immediately, but termination will not affect : (1) either Party’s rights and obligations accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to survive termination or by reasonable interpretation of its context extend beyond termination.
Governing Law. These Terms and Conditions are governed exclusively by the laws of the State of New York without regard to conflict of law principles of any other jurisdiction.
Dispute Resolution. If any dispute arises under these Terms and Conditions, the Parties will use all reasonable efforts to resolve the dispute informally through direct communication.
Courts. If the Parties are unable to resolve a dispute through informal discussions within sixty (60) days of notice of dispute, any claim or dispute arising from these Terms and Conditions will be resolved exclusively by the State Court located in Orange County, State of New York which neither Party will challenge based on theories of forum non conveniens or similar doctrine.
Equitable Relief. Either Party may seek injunctive or other equitable relief to remedy or forestall any actual or threatened breach of these Terms and Conditions.
Further Assurances. Each Party will perform additional acts as necessary to effect these Terms and Conditions. The Parties will address together in good faith any unforeseen issues that might arise form these Terms and Conditions with a view to mitigating any adverse impact on either Party.
Entire Agreement. These Terms and Conditions together with the Trip Plan prepared by this Agency represent the entire agreement between the Parties and supersede all prior agreements between the Parties regarding their subject matter, within or oral, express or implied.