Terms and Conditions
Vizitamerica Club LLC
a company organized and existing
under the Lows of California, USA,
Seller of Travel Registration #: 2151022-70
Address: 71 Cinnamon Teal, Aliso Viejo, CA Phone number 949-311-5613
Booking Agreement Terms and Conditions
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and asked us any questions that you may have). Please be aware that these terms and conditions contain waivers of liability as well as waivers of class action and venue selection and notice clauses.
BECAUSE THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS, YOU SHOULD READ THEM CAREFULLY.
By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it. If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group. 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
VIOLATIONS BY YOU. You agree that any violation of any of the 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, and (c) you're being denied access to the applicable travel related product or service.
OUR RESPONSIBILITIES TO YOU. When you make a booking for you, we will do it to the best of our ability, unless in the case of a Force Majeure event, provide you with the services that you have booked. As travel professionals, we will also notify you about crucial travel information that is reasonably known to us. Should you have questions regarding your travel we will seek to assist you.
BOOKING/PAYMENT. Your booking will be confirmed upon receipt of the completed registration form, signed Travel Service Contract, and payments, specified in the invoice. You must make all payments in full and on time. This invoice is subject to change until you receive confirmation that your travel is booked. After booking, you receive information about your tour coordinator and other important travel information. Our bookings do not include airfare. You must NOT make any air reservation until you receive confirmation of your booking that will include the details at the start and end of the tour. It is your responsibility to arrive not later and depart not earlier than the time of tour start and finish, as indicated in Itinerary, which is included in Travel Service Contract. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier. If full payment is not received 45 days prior to the departure date, or after additional confirmation time from us, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Once payment for your trip is processed, you will receive i) a receipt and ii) a letter outlining your next steps. Please review documents carefully and promptly as we will not be responsible for any errors.
PRICE AND RATE CHANGES. The price of your itinerary will be based on known costs at the date of signing the Travel Service Contract. We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase until we receive your final payment. Any increase to your travel price will be the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations, and government action. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After the final payment, your price is locked in.
WHAT’S INCLUDED IN YOUR TOUR
Accommodations. Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms, and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request. We will communicate the amount of these additional charges to you as soon as they are available. Travelers should be aware that hotel room sizes, standards, and facilities can vary regionally. This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning, and compliance with other standards such as accessibility for those who are disabled. One of the joys of international and interstate travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure. Vizitamerica Club reserves the right, if necessary, to substitute other similar hotels at our sole discretion. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Vizitamerica Club’s sole discretion and no refunds will be offered for changes in accommodations.
Transfers. Vizitamerica Club is pleased to offer transfers ONLY in accordance with your individual Itinerary. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us with your flight information no less than 1 week prior to departure for domestic travel and 2 weeks prior to departure for international travel. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information. In case of flight delays and cancellations, you are fully responsible for all additional costs required to catch up with the group, for example, taxis.
Meals. Meals are ONLY provided as indicated in the itineraries. Special diets should be requested at the time of booking; 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, Vizitamerica Club 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 suppliers of your request, but we cannot guarantee their availability.
Sightseeing/Activities. Sightseeing tours and activities are included as provided in the individual itineraries. These tours and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size, and the best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
CHANGES TO ITINERARIES Vizitamerica Club reserves the right to make changes to its published itineraries and are due to reasons beyond our control. In such cases, we will try to arrange for the substitution of comparable services. But this may not always be possible. While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious, holidays, national celebrations, or unforeseen events including weather, governmental closures, or any other reason. Vizitamerica Club reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites and visited places undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be canceled due to renovations, although Vizitamerica Club may choose to amend itineraries for such sites. These changes will not be considered material changes and will not be considered cause for cancellation by the guest. If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
WHAT’S NOT INCLUDED Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to items such as international and domestic airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the t our whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
NON-OPERATION OF GROUP TOURS All tours are based on a minimum number of participants. Vizitamerica Club makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of Vizitamerica Club. In such case, guests will be advised as soon as possible, but not later than 10 days prior to departure. Vizitamerica Club reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and Vizitamerica Club will not be liable for the carrier’s refusal to make any refund whatsoever. In such case, Vizitamerica Club will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance, or any other purchases made by the guest in anticipation of the tour.
As described above, Vizitamerica Club is required to pay all suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, park entry fees, permit tickets, admission tickets, transportation, payment system fees, commissions, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Vizitamerica Club immediately in writing and request a written confirmation of your cancellation. Upon, receipt, Vizitamerica Club will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier must refund Vizitamerica Club before we can supply any refund. Suppliers may choose to provide a travel voucher or credit in lieu of a refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency. In addition, cancellation charges will apply as written in Itinerary,
While we do not sell travel protection, it is your responsibility to protect your purchase. If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason, we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage. Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding a refund.
Cancellation or Changes by Vizitamerica Club
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. The Traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us. If between planning time and/or during actual travel, circumstances require changes, Vizitamerica Club and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing Tours may be altered as described above. Vizitamerica Club cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
NO REFUND FOR UNUSED ARRANGEMENTS.
As Vizitamerica Clubs’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
FORCE MAJEURE. Vizitameerica Club assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Vizitamerica Club that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you.
TRAVEL PROTECTION. It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancellation for any reason coverage is strongly recommended. Such a plan should cover Trip Cancellation or Interruption, Medical Expenses, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections, and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase. Vizitamerica Club is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Vizitamerica Club cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about protection, call your insurer or insurance agent
TRAVELER INFORMATION. Names provided to secure reservations must match travelers’ government-issued identification. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
NON-RESPONSIBILITY. Vizitamerica Club, and its employees, contractors, shareholders, agents, and representatives use third-party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Vizitamerica Club does not own, manage, operate, supervise, or control any transportation, airplane, hotel or restaurant, or any other entity that supplies services related to your tour. All suppliers are contractors and are not agents or employees or representatives of Vizitamerica Club. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier or utilizing the services, all travelers agree that neither Vizitamerica Club, nor its employees, contractors, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler 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 Vizitamerica Club. Vizitamerica Club assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Vizitamerica Club assumes no responsibility or liability for personal property; and Vizitamerica Club shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Vizitamerica Club accepts no responsibility for lost or stolen items. Vizitamerica Clubs reserves the right to refuse any traveler or potential traveler at its sole discretion.
INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Vizitamerica Club, and each of our officers, directors, employees, contractors, and agents (collectively “Vizitamerica Club”), from any expenses, losses, liabilities, damages, judgments, settlements, and costs (collectively, “damages ”) involved with or incurred by Vizitamerica
Club (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from:
(i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and
(ii) Any damage caused by the traveler while participating in the trip.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. 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. However, we will be delighted to discuss the feasibility of your participation in any of our trips. It is essential that you advise us before booking if you do have any disability or preexisting medical condition which may affect your tour, 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. Vizitamerica Club will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any special accommodations provided will be at the sole expense of the traveler 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. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whomever the traveler is traveling with. Travelers with disabilities must notify Vizitamerica Club at the time of booking of the 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.
HEALTH. For the safety of our guests, Vizitamerica Club reserves the right to request health information prior to travel and exclude any participants it deems unfit to travel at its sole discretion.
PET POLICY: Except for service animals as defined under the Americans with Disabilities Act, no pets are allowed on our tours.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Vizitamerica Club to publish any photographs and/or videos of the trip or Traveler in printed or electronic media without obtaining further consent and without compensation. Each Traveler releases Vizitamerica Club and its representatives from any liability in connection with any use of such photographs and/or video.
GOVERNING LAW/SUBMISSION TO JURISDICTION/ JURY WAIVER/NOTICE OF CLAIM.
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against Vizitamerica Club LLC in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Vizitamerica Club shall not, in any case, be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Vizitamerica Club LLC unless you have first provided a typewritten notice of claim to Vizitamerica Club LLC within 30 days after the tour or cancellation of the trip.
Vizitamerica Club LLG is a participant in the Travel Consumer Restitution Fund (TCRF), TCRC ID: 708886. Traveler has a right to make a claim on the fund and we will help to make a description of the losses covered, the method for making a claim, the time limit within which the claim shall be made, and the amount which may be claimed. But TCRF covered only California residents and only transactions that were made in California.