Terms & Conditions
ZOOM TRAVEL TOURS LLC TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE & Release of Liability, Waiver, Assumption of Risks, and Arbitration Agreement
PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL RELATED SERVICES. PLEASE CHECK YOUR DOCUMENTS WHEN YOU RECEIVE THEM. CALL THE TRAVEL AGENCY IF YOU HAVE ANY QUESTIONS. MOST DISCOUNT FARES INVOLVE RESTRICTIONS. CHANGING CARRIERS OR FLIGHTS COULD RESULT IN THE AIRLINE DEMANDING AN INCREASED FARE. CHECK WITH THE AIRLINE OR THE TRAVEL AGENCY BEFORE MAKING ANY CHANGES.
ZOOM TRAVEL TOURS LLC is acting as a mere agent for SUPPLIERS (identified on the final travel documents) in selling travel-related accepting services, or in accepting reservations or bookings for services that are not directly supplied by this Travel Agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Travel Agency, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury, or death to travelers or travelers’ companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, Travel Agency does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen, and agree that Travel Agency will not be responsible if they are not satisfied.
Risks, Cancellation, and Insurance
Traveler assumes complete and full responsibility for, and hereby releases ZOOM TRAVEL TOURS LLC from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U. S. Citizens traveling internationally, including travel to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 http://travel.state.gov/travel/warnings.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel (404) 332-4565.
ZOOM TRAVEL TOURS LLC shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, terrorist acts, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a tour), during, and after a tour, or any other actions, omissions, or conditions outside of ZOOM TRAVEL TOURS LLC’s control.
If travel plans are delayed or cancelled for any reason there will be no refunds issued by ZOOM TRAVEL TOURS LLC, except in those circumstances where ZOOM TRAVEL TOURS LLC has issued its own schedule of cancellation, applicable to all or a portion of a booking (whenever such a schedule is issued, it will specifically indicate which trip component(s) it is issued for and it will apply ONLY to the specific trip component(s) indicated). Please note that a ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day adventure vacation by a tour operator, a post-trip extension designed by ZOOM TRAVEL TOURS LLC, all of which may be subject to a different set of cancellation policies). You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but ZOOM TRAVEL TOURS LLC is not responsible for this policy distribution. Clients are responsible for obtaining the applicable policies, either by contacting ZOOM TRAVEL TOURS LLC and requesting a copy (if available, otherwise it will be verbal delivery) or by consulting the individual suppliers and/or their catalogs. No refund(s) will be issued for cancellations due to actual or threatened terrorist events. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political or other similar events.
It is the traveler’s responsibility to protect their purchases and Travel Insurance is strongly recommended. Traveler is advised to obtain appropriate insurance coverage against these risks; information is available through this Travel Agency regarding travel insurance. Traveler’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency.
I acknowledge that I have been made aware of the benefits of travel insurance and authorize the purchase thereof by signing this form and/or all credit card authorization forms issued to me which include the purchase of travel insurance. I also hereby agree to sign the Travel Insurance Refusal form (available from ZOOM TRAVEL TOURS LLC on request) should I for some reason wish to not to purchase travel insurance.
ALTERNATIVE DISPUTE RESOLUTION
ZOOM TRAVEL TOURS LLC desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, ZOOM TRAVEL TOURS LLC has established an alternative mediation program in the event of a misunderstanding or dispute between ZOOM TRAVEL TOURS LLC and it clients.”
If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service.
The issuance of any tickets, reservations, or bookings by ZOOM TRAVEL TOURS LLC is done on the express condition that: 1. ZOOM TRAVEL TOURS LLC shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. ZOOM TRAVEL TOURS LLC shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.
Customer’s initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.
Nothing agreed to herein by the customer is meant to interfere with customer’s legal rights against any carrier(s) or supplier(s) of services.
The payment of the required deposit or any partial or full payment for a reservation on the chosen tour/package shall constitute consent to all provisions of this Terms & Conditions statement as well as the provisions listed in the ‘General ZOOM TRAVEL TOURS LLC Trip Reservations and Details’ document, as well as in the ‘Trip-specific ZOOM TRAVEL TOURS LLC Policy on Payments, Cancellations & Refunds’ document, as well as all provisions contained in any brochures, trip descriptions, and/or itineraries, or other forms of collateral provided to the client in conjunction with a booking. These provisions are hereby incorporated by reference in this Disclosure Notice, and clients are advised to take note of them.
ZOOM TRAVEL TOURS LLC is acting as a mere agent for suppliers as stated above and its agents, servants, and employees, shall not be responsible for personal injury or property damage, loss or delay, or change of itinerary incurred by any person or tour participant arising out of the act of negligence of any direct or supplemental air carrier or other person or entity engaged in transporting the passenger, hotel or other person rendering any of these services, or accommodations being offered in these tours; nor shall ZOOM TRAVEL TOURS LLC be responsible for any injuries, death, damages, loss, or delay in any means of transportation or by reason of any event beyond the actual control of TATC or of any agent or supplier or due to force majeure. The right is reserved to decline or accept or to retain any person as a member of a trip; change a trip from ‘escorted/guided’ by ZOOM TRAVEL TOURS LLC, to ‘partially escorted/guided’ by ZOOM TRAVEL TOURS LLC or by a replacement escort, to ‘unescorted’ by ZOOM TRAVEL TOURS LLC or by a replacement escort, should circumstances preclude the designated ZOOM TRAVEL TOURS LLC escort or replacement escort from accompanying the trip for whatever reason; or to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of ZOOM TRAVEL TOURS LLC.
If the contract between ZOOM TRAVEL TOURS LLC and the passenger, on the one hand, and/or the contract between ZOOM TRAVEL TOURS LLC and the designated carrier, on the other hand, is cancelled by the tour operator for any reason whatsoever, all partial or full payments made for the trip will be refunded in their entirety, without any further obligation on the part of the tour operator.
The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of TATC no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant/ agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used, and shall be made at the sole discretion of ZOOM TRAVEL TOURS LLC .All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates, and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the Trip Reservations and Details from accompanying this disclosure notice.
ZOOM TRAVEL TOURS LLC TRIP RESERVATIONS AND DETAILS
To make a reservation please call ZOOM TRAVEL TOURS LLC at (650) 627-6263 or visit us at www.zoomtraveltours.com
II. Trip Deposits and Payments
For most bookings ZOOM TRAVEL TOURS LLC forwards your credit card number and/or other payment type to the chosen supplier(s) for processing/deposit. As a result, the supplier deposit, payment, cancellation, and refund policy/policies will be followed. The same process may be followed in the rare case when a particular supplier does not accept credit cards and requires ZOOM TRAVEL TOURS LLC to process your payment, then forward the funds to said supplier(s). When booking certain custom trips/arrangements/components and/or a dedicated ZOOM TRAVEL TOURS LLC Group Adventure program, you will (also) receive a “Trip-specific ZOOM TRAVEL TOURS LLC Policy" on Payments, Cancellations & Refunds’ applicable to the particular trip or trip segment(s) listed on the form you receive. For such bookings/arrangements, the ‘Trip-specific ZOOM TRAVEL TOURS LLC Policy on Payments, Cancellations & Refunds’ will apply in addition to any and all other policies provided by suppliers, agencies, and ZOOM TRAVEL TOURS LLC. If you have two policies for the same trip, the stricter policy will be in effect.
III. Methods of Payment
The vast majority of bookings are payable in cash, check, money order (U.S. Funds) or credit card (Visa, Master Card, and sometimes also American Express, and Discover Card). Your reservation may be cancelled (in some cases automatically!) if a payment is not received by the due date. Prices are per person double occupancy (unless stated otherwise) and are usually quoted in U.S. Dollars. Please consult the itinerary provided for further information on what your trip includes. Airfare is quoted separately unless you have been informed otherwise. Prices quoted are generally guaranteed for your trip, however price adjustments may be made (even on existing bookings) in the rare event of extreme currency fluctuations, post-booking fuel surcharge assessments, and other similarly unforeseeable events outside the control of ZOOM TRAVEL TOURS LLC and/or our suppliers. Furthermore, price adjustments may be assessed by supplier(s) for currency, single supplement, small-group surcharge, or other reasons outside the control of ZOOM TRAVEL TOURS LLC.
Applicable to all types of bookings, there may be instances where ZOOM TRAVEL TOURS LLC will require you to pay by check or Money Order, due to particular supplier payment policies or payment circumstances. All credit card payments, whether it is a payment made to ZOOM TRAVEL TOURS LLC directly or simply authorization for us to forward your credit card info to a supplier, will require your signature on one or more credit card authorization forms supplied to you. This is for your protection as well as ours. Likewise, for most non-credit card transactions, a “Trip Authorization” form will be provided to you, which we require that you complete, sign, and return to ZOOM TRAVEL TOURS LLC, before we can proceed with your booking.
A deposit of 30% is required at the time of booking. We accept payment via credit card, certified check, wire transfer or money order for your deposit. The balance is due 90 days prior to departure. If your reservation is made within 90 days of departure, the entire cost of the trip must be paid at the time of confirmation.
Invoices are normally issued by the entity that processes your actual payment, not by ZOOM TRAVEL TOURS LLC, except in those instances where ZOOM TRAVEL TOURS LLC acts as the processing agent (i.e. processes your credit card directly or deposits your funds into ZOOM TRAVEL TOURS LLC accounts). In the adventure travel industry, invoices tend to move slowly through the system and ZOOM TRAVEL TOURS LLC will forward you the various third-party invoices as they arrive into our office. Please note that for bookings where you will not be charged until you receive a service (as is the case with certain car and hotel reservations, there will be no invoice issued for the transaction until you return the car or check out of the hotel room you stayed in. Invoices for airline tickets are usually issued in conjunction with the itinerary and will be printed as part of the ticket (for paper tickets, on the very last ticket coupon page, on e-tickets, usually below the itinerary portion). Those are your receipts from the airlines – we simply pass them on to you. Receipts for insurance purchases will arrive in an email (forwarded to you by us) in the form of a policy page. Whenever you make a payment on your trip, the policy amount will be updated accordingly to keep you covered and a new policy email will arrive in your inbox. This constitutes your receipt from the insurer. Because receipts come from various sources and because they don’t all arrive at once, ZOOM TRAVEL TOURS LLC strongly suggests that you keep every Credit Card Authorization form on file as these provide you with the most up-to-date information about every payment you have authorized to date whether or not those amounts were already charged or simply have been authorized by you to be charged at a later date, such as with the car and hotel bookings above.
It is the mandatory policy of ZOOM TRAVEL TOURS LLC that your reservation is not considered confirmed until you are in the receipt of ZOOM TRAVEL TOURS LLC’S reservation confirmation notice. If you have not received this notice within _____ days subsequent to your request for reservations and process of your payments, you must notify ZOOM TRAVEL TOURS LLC immediately.
If you have received no communication from ZOOM TRAVEL TOURS LLC within 2 business days of faxing paperwork and or forms to us, you must contact ZOOM TRAVEL TOURS LLC to ensure your fax has been received by ZOOM TRAVEL TOURS LLC. Faxes do indeed ‘get lost’ from time to time.
Finally, you will be asked to sign, and return to us, a copy of the ‘ZOOM TRAVEL TOURS LLC TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE & Release of Liability, Waiver, Assumption of Risk, and Mediation/Arbitration Agreement’, as well as the ‘ZOOM TRAVEL TOURS LLC TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE Regarding Voluntary Participation in Active, Adventurous, and/or High Risk Travel’, both of which will be provided to you, usually at the time of your initial deposit. No forms = No trip. No exceptions. We hope you will understand the reasons for this added bureaucracy, in the context of Travel, and very much appreciate your cooperation in this regard. At ZOOM TRAVEL TOURS LLC our clients are our number 1 priority!
VI. Cancellation Procedure
If you should ever find yourself in the unfortunate situation of having to cancel your trip, you must notify us as soon as you know that you have to cancel, so your cancellation can be processed in a timely manner. Due to a variety of factors – including the possibility that your personal travel consultant may be in a remote adventurous location temporarily, without access to modern telecommunications facilities – we simply cannot guarantee that any cancellation and/or refund requests received by ZOOM TRAVEL TOURS LLC fewer than 14 days before a particular cancellation or refund cutoff date by a supplier, will be processed within the intended deadline.
For this reason, it is EXTREMELY IMPORTANT that you notify BOTH ZOOM TRAVEL TOURS LLC AND the supplier(s) to whom your monies have been forwarded by ZOOM TRAVEL TOURS LLC. Also, if you do need to cancel, please take a moment to consult the Certificate of Coverage that accompanied your travel insurance policy, in order to familiarize yourself with the provisions regarding cancellation coverage, the paperwork required for you to document your cancellation to claims processors (such as doctor’s notes) and the time frame within which you must notify the insurance company of your need to cancel.
Please note that ZOOM TRAVEL TOURS LLC charges a $350 per person administrative fee above and beyond any and all foreign currency conversion, wire expenses, etc. incurred on your behalf for all cancellations, regardless of booking method, as compensation for the added time and paperwork involved in handling such cancellations, including the paperwork assistance you may require from us if/when preparing your travel insurance claim. Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including hotels or airlines used in the itinerary. Cancellations 90 days or more prior to departure will receive full refund minus the $350 per person administrative fee. Cancellations 60-89 days prior to departure will be subject to loss of deposit (30% trip price). 30-59 days will be subject to loss of 50% of program price. 29 days or less will be subject to 100% of program price.
Exceptions to these policies cannot be made for any reason, including but not limited to, weather, terrorism, civil unrest, or personal emergencies. All cancellations MUST be received in writing VIA EMAIL AND YOU MUST ALSO CALL ZOOM TRAVEL TOURS LLC IMMEDIATELY to let us know of your need to cancel. If you cannot reach someone, you MUST LEAVE A VOICEMAIL MESSAGE letting us know of your cancellation plans, so we can help you.
ZOOM TRAVEL TOURS LLC does not mail or fax formal notices of ‘receipt of cancellation’ in response to a written client cancellation. The reason we require that ALL CANCELLATIONS MUST BE COMMUNICATED TO US VIA EMAIL AND PHONE (as opposed to faxing or mailing) is to enable us to respond to your notice of cancellation in a reasonably timely manner regardless of the location of Yours Truly at any given time. Our email reply to your cancellation email constitutes your confirmation that we have received your written cancellation request.
It is ABSOLUTELY IMPERATIVE that you also IMMEDIATELY NOTIFY EVERY SUPPLIER with whom travel has been booked on your behalf and with whom you are scheduled to travel AS SOON AS YOU KNOW YOU NEED TO CANCEL. You must also immediately notify the TRAVEL INSURANCE COMPANY that issued the travel insurance policy for your upcoming trip.
While ZOOM TRAVEL TOURS LLC will offer you as much support as we possibly can, it is ultimately YOUR RESPONSIBILITY AND IN YOUR VERY BEST INTEREST as a traveler, to insure that your various cancellation notices reach ALL RELEVANT PARTIES in a manner consistent with the policies detailed on the various schedules of cancellation issued by the suppliers with whom you are scheduled to travel. IF YOU CANNOT FIND A HARDCOPY OF A SUPPLIER’S POLICY, DO NOT WAIT!! CALL THE AIRLINE(S), HOTEL(S), TOUR OPERATOR(S), ETC. RIGHT AWAY.
There is no refund for arriving late or leaving a trip early. Single supplements (if applicable) are considered part of the trip price and are subject to cancellation penalties. All expenses incurred in preparation for travel, including but not limited to, airline tickets, visa fees, and inoculations, as well as expenses incurred as a result of travel delays, flight cancellation, illness, and other similarly unpredictable expenses are the sole responsibility of the traveler.
Comprehensive travel insurance (Trip cancellation, interruption, medical, etc.) is available and is highly recommended, although purchasing insurance is not a guarantee that all claims will be paid (or paid to your satisfaction). Insurance is recommended for all trips and is required for participation on all ZOOM TRAVEL TOURS LLC designated group trips.
Please be aware that ZOOM TRAVEL TOURS LLC may offer an upgrade to the standard insurance policy which allows ‘Cancel for Any Reason’ (see your policy for details). If you wish to upgrade to this extra level of coverage please contact us at the time you pay your initial trip deposit.
VIII. Pre-Departure Information
Depending on your location, documents will either be mailed to you or delivered to you in person during a pre-departure briefing approximately 2-3 weeks prior to departure. Packing lists, destination information, passport and visa assistance, as well as assistance with travel insurance and travel medical information, will be provided to you throughout the booking process. Please do not hesitate to call if you have questions. Travel planning is a collaborative process. You are our #1 priority.
IX. PROMOTIONAL PHOTOGRAPHY
Zoom Travel Tours reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Zoom Travel Tours, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their travel program escort at the beginning of their program.
THANK YOU FOR YOUR BUSINESS!
ZOOM TRAVEL TOURS LLC