TERMS AND CONDITIONS
Southern Crossings Tours and Travel (the Company) accepts bookings subject to the following conditions:
1. The Contract
The contract is between the Company and the client, being any person travelling or intending to travel on a tour operated by the Company. The Contract, including all matters arising from it, is subject to United States law and the exclusive jurisdiction of United States Courts. No employee of the Company other than a director has the authority to vary or omit any of these terms.
2. Booking
To secure a booking, the Company or their agent requires a completed booking form and a deposit of US$600 per person ($1200 or more for luxury tours, tours including cruise ships, luxury hotels and and any tour longer than 7 days). Full payment must be received no later than 65 days before the first day (Arrival Day) of the booked tour. Cruise ships during high-season dates and other services may require an earlier full payment date of 120 days before arrival day. Clients booking by internet, telephone, telex or facsimile will be deemed to have read the booking conditions and to have signed the Declaration on the booking form. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by email and issued a Confirmation Invoice. It is at this point that a contract between the Company and the client comes into existence. The Company or their agents reserve the right to decline any booking at their discretion.
3. Payment for Tour
The balance of all monies due must be paid to the Company or their agent no later than 65 days before Arrival Day of booked tour. If booking within 65 days of tour, all monies are due at time of booking. In the case of non-payment of the balance by the due date, the Company may treat the booking as cancelled by the client. In case of payment received after the due date, the client is responsible for any price difference relating to their tour. * 120 days before arrival day for cruise ships requiring early payment for high-season dates and other tour services that require early payment.
All payments are to be made in United States dollars / $US dollars.
Monies paid to an agent acting on behalf of the Company for tours operated by the Company are held for the client until the client receives written confirmation of the acceptance of a booking. Thereafter, these and any other monies are held by the agent on behalf of the Company.
4. Changing your Booking
An administrative fee of US$150 per passenger plus any additional costs incurred will be charged if a confirmed booking is changed or transferred prior to 65 days before departure (departure being Arrival Day of booked tour). Within 65-15 days of departure, a US$250 per passenger fee plus any additional costs will be charged and under 14 days of departure a US$325 per passenger fee plus any additional costs will be charged. Please note that internal/domestic flights are unchangeable, nonrefundable and nontransferable, and that any changes to airline tickets once tour is paid in full are at the client’s expense. Also please note that while the Company shall make the effort to obtain the same accommodation, changes to the tour may result in changes of accommodation. If a passenger leaves the tour prior to its termination, the Company shall cease to have responsibility to or for them. * 120 days before arrival day for cruise ships requiring early payment for high-season dates and other tour services requiring early payment are non-refundable.
5. Cancelling your Booking
Should the client wish to cancel their tour they will be refunded based on their cancellation date, valid when Southern Crossings receives their cancellation request in writing (by email). The amount of their refund will be calculated as follows:
- More than 65 days before Arrival Day: 100% retention of deposit*
- 65- 30 days before Arrival Day: retention of 60% of the trip price*
- 29 – 14 days before Arrival Day: retention of 90% of the trip price*
- less than 14 days before Arrival Day: retention of 100% of the trip price*
*If you are booking a tour that includes the Inca Trail permit, please be aware that Southern Crossings will retain an additional $300 on top of the above listed percentages, due to the fact that Inca Trail permits are non-refundable. We will only accept requests for changes or cancellations from the client who made the booking.
6. Changes to the tour
While the Company will do its best to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. In cases of force majeure, it is the responsibility of the client to pay for any changes required to complete the tour and/or transport the client to his/her international departing flight. In cases of force majeure, the Company also reserves the right to change any of the facilities, services, prices or itineraries described in the brochure, web site or travel invoice/receipt provided to the client. If a major change is known to us, the client will be told at the time of the booking.
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activities, pandemics, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancelling of flights by an airline or other similar events beyond the control of the Company.
7. Cancellation of a tour
The Company reserves the right to cancel a tour under any circumstances but will not cancel a tour less than 8 weeks before the departure except for reasons of force majeure or the client’s failure to pay the final balance.
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activities, pandemics, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancelling of flights by an airline or other similar events beyond the control of the Company.
The Company is not liable for any penalty charges associated with connecting air fares, in the event of a change to a tour departure time, date or cancellation.
8. Passports, Visas, Vaccinations
Clients are responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the whole of their journey. Information about these matters or related items (climate, clothing, baggage, personal gear, etc.) is given in good faith but without responsibility on the part of the Company.
9. Medical Travel and Cancellation Insurance
Clients are responsible for their own medical expenses and effecting sufficient personal travel insurance if they choose. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance policies and ensuring that they are in possession of private Travel Insurance with protection for the full duration of the tour in respect of at least medical expenses, injury and death with adequate benefits is suggested. We also suggest repatriation, cancellation and curtailment insurance, although this is not a requisite for the tour. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the types of activities included in their tour. Clients must satisfy themselves that any such insurance is what they require, and clients should arrange supplementary insurance if need be.
10. Liability Insurance
The client acknowledges and accepts that there may be no policy covering the Company’s liability to its clients for death, injury, damage or loss occurring anywhere in the world. The client also specifically acknowledges that with respect to passenger accident liability coverage, this coverage may be very limited or may not exist at all. The client acknowledges that the Company has taken reasonable steps in safeguarding its liability. However, this booking condition states that the client must assume that he/she is not covered by any Company insurance policy, including all liability insurance, for death, injury, damage or any other loss.
11. If you have a complaint
Should the client have a complaint about any of the tour arrangements, the client must tell both the relevant supplier and the Company representative at the time. If the Company and the relevant supplier are not aware of the problem at the time the problem arises, there is no opportunity to rectify it. Failure to complain on the spot will result in the client’s ability to claim compensation from the Company being extinguished or at least diminished.
12. Authority on tour
Clients agree to accept the authority and decisions of the Company’s employees, tour leaders and agents while on tour with the Company. If in the opinion of such persons, the health or conduct of a client at any time before or after departure appears likely to endanger the safe, comfortable or happy progress of a tour, the client may be excluded from all or part of the tour. In the case of ill health, the Company may make such arrangements as sees fit and recover the costs thereof from the client. If the client commits an illegal act the client may be excluded from the tour and the Company shall cease to have responsibility to or for them. If a passenger leaves the tour prior to its termination, the Company shall cease to have responsibility to or for them.
The person signing the attached booking form (which incorporates these terms) warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon and confirms that all such persons are fully aware of and accept these conditions. No refund will be given for any unused services.
13. Responsibility and Liability
Clients’ bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure travel and that they undertake the tours featured in our program at their own volition.
Due to political and cultural differences, as well as generally tougher physical conditions, travel to many areas of the world involves risks other than those we take in our daily lives. The Company and the service providers it works with place extreme importance in the safety of clients. It is important, however, that clients realize that they are responsible for making themselves aware (through State Department advisories, Government Tourist Offices and other sources of information) of the risks involved and are responsible for making their decisions accordingly.
No refund will be made for any unused services which are included in the price. The Company shall not be liable for any delays, deviations or omissions from any tour caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences thereto. The Company shall not be liable to compensate clients for associated expenses incurred as a result of their booking.
The Company only acts as agents for the owners, contractors, suppliers of transportation and local operators/agents, and/or other related travel services provided and assumes no liability or responsibility for additional expenses howsoever caused arising directly or indirectly from the actions or omissions of such independent parties, accidents, loss or damage to person or property, delays, pandemics, transport failures, strikes, war, force majeure, Acts of God, etc., over which it has no control. Arrangements so made by the Company will be subject to any special terms imposed by the supplier of these services. The Company accepts no liability for any action or activity undertaken by the client arranged independently of the Company while on tour. The Company accepts no liabilities for any circumstance arising pursuant to the agreement constituted by acceptance of these terms by the client.
Any claim, litigation, court or legal actions filed against the company must be filed within the jurisdiction of the State of Florida, United States of America.
14. Airlines
Airlines featured are not responsible for any acts or omissions of any supplier of transportation or accommodations other than the airline itself, and accordingly, airlines are not liable in respect of either person or property for any loss, damage, injury, accident, delay or irregularity, however occasioned, sustained or suffered in or during any package, journey, trip or tour other than while on the airline. International airlines are subject to international air conventions limiting their liability. Their limitations of liability form part of the terms and conditions of any package.
15. Advertising and marketing material
The Company reserves the right to use any written comments clients make regarding our tours in any future promotional materials. If you prefer that we don’t, we won’t if you request us not to.
