Booking Agreement Terms & Conditions
Thank you for booking your trip with Vaya Adventures, Inc. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. The terms “we”, “us” and “our” and “Vaya” refer to Vaya Adventures, Inc. The term “you” refers to the customer visiting our website and/or booking a reservation through us.
Your Acceptance of these Terms and Conditions
By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any third party supplier that are applicable to your booking and travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel-related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings.
You acknowledge and agree that we may change these terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel. You agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
Reserving Your Place for Your Vaya Adventure
Early reservations are highly recommended. Airlines often sell out their best fares and hotels can fill up months in advance, particularly the kind of smaller hotels that we generally work with. To reserve your trip, you simply make a $500 non-refundable deposit*, via check, bank transfer, or credit card. You may mail a personal or bank check, transfer the funds, call us with your credit card information or pay your deposit online. Click here to review all of our deposit payment options. Each participant must also fill out, digitally sign, and submit a Booking Form (parents must digitally sign for children under 18). Prior to your departure (typically 3-4 weeks before), you will receive pre-departure information relevant to your trip and your destination, and an itinerary.
Payment Schedule and Pricing
We require the following payment schedule for our trips:*
At time of reservation: A $500 per person non-refundable deposit*
120 days prior to departure or at the time of invoicing: Balance
Any trips reserved 120 days or less prior to departure require payment in full upon reserving. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event only return any deposit received. Reservations are non-transferrable.
Balances are payable by check or bank transfer unless otherwise specified. All prices are in U.S. dollars and payments must be made in US dollars.
*Payment schedules and deposit amounts for Antarctic cruises can vary. The exact amount of the deposit will be stipulated at the time of booking. Additional payment schedules and requirements set by vessel operators take precedence over any of these schedules and requirements. All prices are in U.S. dollars and payments must be made in US dollars.
Payment for air tickets is due at the time the tickets are issued.
Some cruises are priced according to the number of passengers in your group. Staff, guides, and guests of Vaya Adventures are not included in the tier pricing count. Should tour membership or the number of participants in your group fall below the quoted number of participants, we reserve the right to re-cost the tour.
Prices are based on airfares (when applicable), tariffs, and exchange rates effective at the time of your booking. Prices listed on the Vaya Adventures website or elsewhere are subject to change.
Accommodations are based on double occupancy. Participants who specifically request single rooms or cabins (with no roommate) must pay a “single supplement.” The single supplement varies from trip to trip.
Cancellations and Refunds
Notice of cancellation of your trip must be received in writing by Vaya. If you cancel your trip, the following fees will apply to canceled trips, computed as of the date of receipt of written cancellation notice:
|More than 120 days prior to departure:||$0 (initial deposit is non-refundable)|
|91 to 120 days prior to departure:||25% of total cost for entire trip|
|61 to 90 days prior to departure:||50% of total cost for entire trip|
|Less than 61 days:||100% of total cost for entire trip|
Cancellation schedules for cruises or certain special events are often stricter (please contact us for specific terms & conditions or cancellation policies for any specific property or cruise). Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including but not limited to hotels, outfitters, cruise operators, or airlines used in the itinerary. No partial refunds are possible for unused portions of a trip. Vaya Adventures is not responsible for any expenses incurred by trip members in preparing for a canceled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements. Initial trip deposits are strictly non-refundable under all circumstances. The $500 per person non-refundable deposit represents a fee for consultation and initial trip planning services with Vaya. Other deposits required in addition to this $500 fee that represent payments to third parties for travel services related to your trip are also non-refundable under all circumstances. Vaya cannot be held responsible under any circumstances for returning any client funds held by third party suppliers where those suppliers were paid in the course of business by Vaya for services related to your trip. Vaya is your booking agent. All services for your trip are provided by third parties that are separate entities from Vaya. When a refund amount is possible, it will be made via the same way the original payments were received, starting by returning funds received via credit card first.
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure.” “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, but are not limited to: acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control. In the event a trip cannot take place due to forces outside of Vaya’s control, including but not limited to the actions of any third parties, refunds will not be made.
International Travel and Documentation
By offering reservations for travel in particular international destinations, Vaya does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to be aware of travel warnings and advisories as announced by the U.S. State Department. Should you choose to travel to a country that has been issued a travel warning or advisory, Vaya will not be liable for damages or losses that result from travel to such destinations.
U.S. citizens, including minors, traveling outside the United States are required to carry documentation of U.S. citizenship, including a machine-readable passport valid for 6 months after the return date along with applicable visas. It is your responsibility to obtain proper documentation to travel, including but not limited to a passport, any required visas, reciprocity fees, affidavits, immunizations, etc.. Many countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements, you can visit the State Department’s website. Non-U.S. citizens, those traveling on non-U.S. passports, or those arriving to or departing from a non-U.S. destination, should inquire with any applicable embassies or immigration authorities about entry/exit requirements for countries they are visiting, departing from, or returning to. Such items as documentation, vaccines, insurance, or anything else that might be required are the responsibility of the traveler. Vaya bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website.
Disinsection: Most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture, or the environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, you can visit the U.S. Department of Transportation website.
Most Antarctica cruises require emergency medical evacuation and medical insurance. The required insurance will be stipulated at the time of booking. Additionally, we recommend that all of our travelers purchase travel insurance. Travel insurance can help cover everything from baggage loss, missed connections, and trip interruption, medical emergencies, including medical evacuation costs. It also helps protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption. Families traveling together, in particular, can benefit from traveler’s insurance, due to the high investment in the trip and the increased risk of one person’s illness resulting in the entire trip being canceled.
If you are interested in purchasing travel insurance, two suggested options are Travelex Insurance Services or World Nomads. Travelex Insurance Services is a leading provider of travel insurance, offering a wide range of travel protection plans with a variety of benefits and optional upgrades. World Nomads offers more economical policies providing good coverage up to a maximum of $10,000 for travelers less than 70 years old, but has no coverage for pre-existing conditions. You can also view the details of Travelex’s plans by visiting the Travelex website. You can view the details of World Nomad’s plans by visiting the World Nomads website. If you want to shop around to compare coverage and rates, InsureMyTrip.com is a good website for comparing prices from several reputable insurers. Vaya is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Vaya cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining travel insurance could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without insurance, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate insurance coverage, we will not be liable for any of your losses howsoever arising, for which insurance cover would otherwise have been available.
Release of Liability/ Non-Responsibility
These paragraphs define our responsibility with respect to all of our trips. Please read them carefully. Participation on your chosen trip represents your acceptance of the following terms and conditions: I acknowledge that I have voluntarily applied to participate in the trip I have chosen (or to any trip to which I transfer). I understand and hereby acknowledge that there are inherent and other risks involved in trips and activities of this kind and I freely and voluntarily assume those risks. These risks include, but are not limited to: forces of nature, including but not limited to weather; physical exertion for which I am not prepared; any and all risks associated with vehicle collisions or road accidents of any kind; accidents relating to risky physical activities such as snorkeling, rafting, hiking, scuba diving, horseback riding, sea kayaking, and any other physical activity; criminal activity; high altitude; transportation failures; any and all risks associated with food and impure water; any and all risks associated with illnesses or disease; quarantine for health or other reasons; civil unrest; terrorism; consumption of alcoholic beverages; accident or illness without rapid access to medical supplies or services; the adequacy of medical attention once provided; and lost or misplaced luggage. I understand that changes to the planned itinerary may occur as a result of local circumstances or events. I accept changes to the amenities, route, type of transport, and schedule that may be necessitated by these local circumstances and events, including but not limited to mechanical breakdown, strikes, weather, flight cancellations, or other unforeseen problems. I understand that travel in the destination to which I am going involves an increased level of risk from travel in the United States and that safety standards and travel conditions are not at the same level that they are in the United States. Vaya Adventures or the operators of your trip reserve the right to substitute hotels or vessels from those indicated in the itinerary if necessary. I also understand that Vaya Adventures reserves the right to take photographic or film records of any of its trips, and may use any such records for promotional and/or commercial purposes. I understand and acknowledge that the services that Vaya Adventures provides in connection with its itineraries, including hotel accommodations, restaurants, transportation, and other services, are purchased from various independent suppliers that are not owned or operated by Vaya Adventures. All services, tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither Vaya Adventures, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Vaya Adventures. I understand and accept that I will not hold Vaya Adventures liable for any actions taken by any local travel providers, including destination management companies and other outfitters that provide all of the services that make up the trip I am participating in. I understand that Vaya Adventures has no right to control these suppliers’ operations and agree that Vaya Adventures will not be liable for any act or omission of any independent supplier or any unrelated third party. I expressly agree that Vaya Adventures, and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, damage, loss, injury to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided.
Where the guest occupies a motor coach seat fitted with a safety belt, neither Vaya Adventures nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
Trip Member’s Responsibility
Trip members are responsible for selecting a trip appropriate to their abilities, communicating any special needs to Vaya Adventures prior to commencement of the trip, and for being in sufficient good health to undertake the trip without posing a risk to themselves or others. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. It will also enable us to make sure you receive the relevant level of assistance when you fly. Full details must be confirmed in writing at the time of booking and whenever any change in the condition or disability occurs. Vaya will make all reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
The tour guides and tour leaders are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with. Participants with disabilities must notify Vaya in writing no later than the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel. Trip members are also responsible for bringing the appropriate clothing and equipment for their trip.
If you have special dietary restrictions, you must notify us. However, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, Vaya and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels and airlines of your request but we cannot guarantee their availability.
Each participant is expected to act responsibly and adhere to all behavior guidelines established by Vaya and our local suppliers. We and our local guides and suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Vaya is not responsible for any costs incurred concerning a guest removed from a vacation/holiday. Guests agree not to hold Vaya or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
Changes to Published Itineraries
Vaya Adventures reserves the right to make changes to its published itineraries before a booking is made. These changes will be made in the interest of improving the itinerary for the clients. If significant changes have been made to a published itinerary prior to reserving, the client will be informed of those changes upon reserving.
The price of the trip includes local ground transportation, local accommodations as indicated in the itinerary, meals as indicated in the itinerary, in some cases domestic and regional flights as indicated in the itinerary, guiding services as indicated in the itinerary, and most park entrance fees. Costs not included in the price are some meals as noted in the trip itinerary, soft drinks and liquor, medical expenses, costs of hospitalization or evacuation, laundry, airport departure taxes, accommodations en route to the destination, visas, international airfares, gratuities, and insurance. This list is illustrative and not a complete list of every item not included. Please note that if a trip must be extended or an itinerary modified due to weather, road conditions, lack of transportation, political or civil disputes, medical emergency or other causes beyond our control, the associated costs including any non-recoverable costs are not included in the trip rates or refunds. In such circumstances it is your responsibility to pay directly for actual extra costs in the field (i.e. food, transport, accommodations, etc.).
Vaya Adventures is not responsible for any airline penalties or fees resulting from changes or trip cancellation once airline tickets have been issued. Vaya Adventures is not responsible for any forfeiture that results due to any inability to obtain airline tickets that allow you to participate on a reserved trip. It is your responsibility to make sure that all flights you purchase coincide with the trip itinerary. Please note that all airfare on our trips is subject to change without notice until tickets are issued. PLEASE NOTE: If due to unforeseen circumstances your trip should be delayed or canceled, please bear in mind that many budget airfares carry major restrictions and in many cases are nonrefundable; may only be valid on the carrier listed (i.e., non-endorsable); may require advance purchase; may only be valid for specific travel dates or times; and/or may involve traveling by an inconvenient route.
If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by the laws of the state of California without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Vaya no later than sixty (60) days after the completion of the Vaya vacation. Guest claims not submitted and received within this time shall be deemed waived and barred.
California Seller of Travel
California Registered Seller of Travel #2088770-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
Thank you again for traveling with Vaya Adventures. We appreciate your business and hope you are looking forward to your trip!