CROSSLAND TRAVEL BOOKING TERMS AND CONDITIONS

 

 

Thank you for booking and/or traveling with Crossland Travel. These Terms and Conditions apply to any travel products and/or services you have booked with or purchased from Crossland Travel, and govern the contractual relationship between you and Crossland Travel with respect to any such travel products and/or services . Please read these Terms carefully as by booking any Product with Crossland Travel, or by traveling on a Crossland Travel tour or Product you acknowledge that you:

i) have read and understand these Terms, and 

ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products, and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Crossland Travel with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

 

Clause 1: (Definition of South America Travel)

The term “South America” as referred to in this contract means travel to PERU, ECUADOR, BOLIVIA, CHILE, ARGENTINE and BRAZIL.

 

Clause 2: (Scope and Order of Application)

 The rights and obligations of the parties in respect of this tour shall be governed as set out in the terms of this contract. Itinerary, Annexes and advertisements shall constitute integral parts of this contract.

 

Clause 3: (Name of Tour Group and Scheduled Place of Tour)

The Name of this Tour Group is　　　　　　　　　                                   .

(1) Place of tour (country, city or tourist spot):please take the final tour itinerary which provide from Crossland Travel as the contract or model

(2) Itinerary (Description of terminal points, dates, means of transport, accommodation, meals, excursions, and other accompanying services for outward and return legs of tour): please take the final tour itinerary which provide from Crossland Travel as the contract or model

 

An advertisement, promotional document, schedule and itinerary, explanatory meeting, or mails may replace the recording of details in the previous paragraph and shall be deemed to form an integral part of this contract.  

 

Clause 4: (Time and Place of Meeting and Departure)

Party A shall arrive the designated airport or meeting point on the 1st day of tour started.  If Party A is failing to arrive on time at the stipulated meeting place, and is unable to join the tour at a later point, Party A shall be deemed as having cancelled this contract, and Party B may exercise the right to claim compensation for loss.

 

Clause 5: (The Price of the Tour)

Party A shall make payment in accordance with the following terms and conditions:

Party A must pay the deposit 65% in Total of tour price。

(1) At the time of agreeing this contract, Party A shall pay the sum of American Dollars             

(2) The balance of the price shall be paid in full 30 days before the scheduled departure. Party B only accepts American Dollars, other currency will not permitted.

(3) extra cost：Except as otherwise agreed between the two parties: such as flight tickets within the countries in south America, the flight fare is no confirmed due to the high and low season. you will be informed the right price once Party B starts to book the tour。During the travel, the itinerary is changed due to passenger(s) personal factors, it will charge 5 USD /per person/per changing for the commission. If it results an increased costs such as changing the flights, hotels, etc., passengers must also bear the extra costs. It is strongly recommended that passenger(s) must well-communicated with the travel agent before paying the deposit. Thank you. If during the journey, as a result of weather, traffic and any force majeure incidents (such as official strikes or road sealed…etc.), travel agents have the right to change the itinerary of the trip to ensure the trip goes smoothly and avoid losing of right and benefits of passenger(s)excessively. ** We do not accept any American Dollars with any damage or stains.

 

** If tour schedule does not visit Peru, the final payment should be paid in full 30 days before

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Clause 6: (Effect of Failure to Pay for the Tour)

If Party A, for reason for which he can be held responsible, fails to pay for the tour, Party B may cancel the contract and keep the deposit already paid by Party A.  If Party B suffers other consequential loss, he may also claim compensation therefor.

 

Clause 7: (Tour Customer’s Obligation to Cooperate)

If some action by Party A is required in order for the tour to be fulfilled and Party A fails to take such action, Party B may set an appropriate time limit and inform Party A thereof.  If Party A fails to take the requisite action within the time limit, Party B may terminate the contract and may claim compensation for any loss resulting from the termination.

If Party B terminates the contract for the fault which caused by Party B (except the factors of War, weather disaster, traffic, strike, or any force majeure incidents, Party B has the right to cancel the tour to ensure the safety of Party A , Party B will not give back any compensation or refund.), Party A may request Party B to temporarily defray the cost of transporting Party A back to the tour meeting point.

 

Clause 8: (Increase or Reduction of Transportation Price)

In the event that, after the travel contract has been entered into, the ticket price or fare for using any of the modes of transportation for conveying the customer as specified therein is adjusted upward or downward by more than ten percent above or below the ticket price or fare that was publicly announced prior to the concluding of the contract, Party A shall make up or Party B shall refund the difference in price as appropriate.

 

Clause 9: (Items Included in the Tour Price)

Unless the parties stipulate otherwise, the tour price to be paid by Party A under Clause 5 of this agreement shall cover the following items:

• Transportation: include all forms of transportation required by the tour.

• Meals and beverages: Please follow the itinerary as a criterion

• Accommodation: Charge for all lodging and hotel accommodation included in the tour; and if Party A requires single room occupancy and Party B agrees to arrange the same, Party A shall make up the difference in price.

• Excursion: Charge for all excursions included in the tour, including charges for transportation, guides, and admission tickets.

• Transfer charge: Charge for all transfers between airport, port, station, etc. and hotel during the tour.

• Taxes: All airport service taxes and group accommodation and meal taxes.

• Service charges: Remuneration for the tour leader and other service personnel arranged by Party B for Party A.

 

Clause 10: (Items not Included in the Tour Price)

The tour price under Clause 5 shall not include the following items:

• Charge for agency handling of outbound procedures: Fee for handling requisite outbound procedures and visa fee and other regulatory fees for provision of related services by Party B acting on behalf of Party A.

• Any charges not within the listed itinerary of this tour contract.

• Luggage charge: Charge for all transfers of group luggage between airport, port, station, etc. and hotel, including payment of tips to personnel transferring group luggage; the weight of luggage shall be dealt with in accordance with air carrier regulations.

• Personal expenses of Party A: Such as excess baggage charges, drinks and alcohol, laundry, telephone calls, telegrams, private transport costs, remuneration for escorted shopping outside the tour itinerary, free activity expenses, medical treatment expenses for personal injury or illness, and gratuities voluntarily given for the provision of personal services (such as to hotel guestroom service personnel) or charges and rewards for the finding and return of lost items.

• Payments related to visas, flights, and other items not within the tour itinerary.

• Gratuities voluntarily given to tour guides, drivers, or the tour leader.

• Insurance premiums: Payment for travel insurance taken out by Party A himself.

• Other expenses not listed under Clause 9 herein.

• Party A make any payment to Party B or Party B make the refund to Party A; Party A should bear both side (Party A and Party B) commission fees through by wire transfer or other payment fees, such as Party B cashing the travelers cheques from Part A, PAYPAL: Party A shall bear 6% payment fee, WESTERM UNION and MONEY GRAM etc.

• Party A must bear the additional costs due to the itinerary is changed by Part A personal factors.

 

Clause 11: (Compulsory Insurance)

Party A must and has the responsibility to buy travel insurance before the departure.

Party A is failed to comply prior paragraph, Party B will not have the responsibility for any compensation and refund for the occurrence of accidents or failure to perform.Due to incomplete insurance system in south america, for this reason, all the passengers have to compulsory insurance from the original country of departure.

Party B will not offer any international travel insurance and Liability Insurance to the Party A.

 

Clause 12: (Minimum Number of Persons to Form a Tour Group)

The contracted participation is according from the quote number of participants as a precondition for the formation of this tour group.  If the number of persons signing up for the tour does not reach the quote nomber of participants as specified hereinbefore, Party A shall inform Party B of the cancellation of this contract at least 90-180 days prior to the scheduled date of departure, and if Party A fails to inform Party B, Party A shall compensate Party B for loss suffered as a consequence thereof.

After canceling the contract in accordance with the provisions of the preceding paragraph, Party B may take one of the alternative courses of action as set out in the following sub-paragraphs, either refunding the tour price or transferring it to payment for a new tour contract entered into in accordance with sub-paragraph 2.

(1) Party B will refund part of the payment has been paid from Party A; it will not refund if Party B has booked and paid for the travel, such as air tickets, bus tickets and 10% service charge in Total amount, etc.

(2) Obtaining agreement from Party A to enter into another tour contract, and transferring the whole of the money repayable to Party A upon cancellation of the contract in accordance with paragraph 1 as payment in whole or in part under the new tour contract.

 

Clause 13: (Visa Application and Passenger Ticket Purchase)

Party B will not have the responsibility for Party A’s passport and visa issue and international flights.

 

Clause 14: (Impossibility of Performance due to Fault of Travel Agency)

If, for any reason for which Party B can be held liable, it becomes impossible for Party A to engage in the tour activity, Party B shall, immediately upon becoming aware of the situation, promptly notify Party A thereof and of the reasons therefor.  Party B will refund the fees that caused to Party A cannot make the tour or activity. Alternatively, obtaining agreement from Party A,Party B will provide another option to Party A.

 

Clause 15: (Impossibility of Completing the Tour Due to Procedural Flaw or force majeure)

Due to force majeure or factors not attributable to Party B: such as political factors, natural disasters, War etc. caused to tour cannot make the trip, Party B shall, immediately upon becoming aware of the situation, promptly notify Party A thereof and of the reasons therefor: Party B will not compensate or refund any loss of Party A. Party B will try to assist Party A to adjust itinerary and avoid the excessive loss of right and benefits.

  Party B will not give any compensation if Party A cancel part or whole trip due to delay or cancelation of international or domestic flights.

    Party A as a result of personal factors (such as failure to obtain a visa or any cancelation or delay of international or domestic flights etc.), lead to change the itinerary, the Party A shall bear the extra costs of changing. Party B will not have any responsibility or give any compensation.

 

Clause 16: (Tour leader)

Party A as a result of the requirements that Party B should assign a tour Leader from South America; Party B will according to the different regions to arrange the tour Leader. But the tour leader in South America is only responsible for the translation or communication for all the issues with local English / Spanish licensed tour guides.

If Party A has led by a tour leader from the original country of departure; The tour leader from Party A must handle all the entry and exit procedures, dealing with all matters with Party B related to transportation, meals, accommodation, translation, excursions, etc., as required for the completion of the tour, and accompanying the tour group throughout the whole duration of the tour from the beginning of the outward journey to the end of the return journey.

 

Clause 17: (Safekeeping and Return of Passport)

To reserve all the tour for Party A, Party B will only obtain a passport photocopy from Party A. without Party A’s permission; Party B will not use it for other purposes.

When Party B undertakes visa application or other travel procedures on behalf of Party A, it shall take good and proper care of Party A’s passport and any seal, identification document, or other such item entrusted to it by Party A for such purpose, and in the event that it loses or damages the same, shall act to rectify the situation and shall compensate Party A for any consequential harm or loss.

During the tour, Party A shall keep custody of his own travel documentation, but in case of need for handling customs, immigration or other procedures, or with the agreement of Party B, Party A may   entrust the same to the custody of Party B.

When Party B takes custody of travel documents as provided for in the preceding paragraph, it and its employees shall exercise good and proper care in the keeping thereof, but Party A may at any time request the return of the same, and Party B and its employees may not refuse to do so.

 

Clause 18: (Change of Tour Customer)

Party A may up to 90 days prior to the scheduled departure date assign his rights and obligations under this contract to a third party, but Party B may for good and proper reasons refuse to accept such assignment.

Under the circumstances as set out in the preceding paragraph, Party A may not request Party B to refund any consequential reduction of cost, whereas the third party to whom this contract is assigned shall be liable for the payment of any consequential increase of cost, and Party A shall within 60 days of receiving notification from Party B coordinate arrangements for the third party to go to Party B’s place of business or by email to conduct the requisite contract acceptance procedures.

As of the completion of the contract assignment procedure between the third party and Party A, the third party shall take over all the rights and obligations under this contract.

 

Clause 19: (Tour Content Realization and Exceptions)

Arrangements concerning meals, accommodation, transportation, tour itinerary, tourist spots, excursions, and other items shall be made in accordance with the quality and content thereof as specified in this contract, and Party A may not demand any change thereto, except insofar as Party B has agreed to a change requested by Party A, in which case Party A shall be liable to defray any additional cost arising therefrom.  If Party B fails to arrange the provision of meals, accommodation, transport, excursions, or anything else according to the standard stipulated in this contract, Party A may claim compensation from Party B amounting to the difference in value as liquidated damages for breach of contract.

 

Clause 20: (Tourist Stranded Abroad Due to the Fault of the Travel Agency)

In the event that Party A is stranded abroad due to reason for which Party B can be held responsible (except the factors of War, weather disaster, traffic, strike, or any force majeure), Party B shall be liable to defray the whole cost of meals, accommodation and other necessary expenditures incurred by Party A during the period of his being so stranded.  Party B shall also as quickly as possible arrange tour activities in accordance with the scheduled itinerary or arrange for Party A to return home.

 

Clause 21: (Compensation for Loss Due to Delay in Itinerary)

In the event of a delay in the tour itinerary due to reason for which Party B can be held responsible(except the factors of War, weather disaster, traffic, strike, or any force majeure), Party B shall be liable to cover Party A’s expenses for meals and accommodation or other expenditure necessitated by the delay.

 

Clause 22: (Willful Cancellation of Contract by Tourist Prior to Departure)

Party A may prior to the commencement of the tour activities inform Party B of his cancellation of this contract, and compensation for Party B according to the following criteria:  

(1) Cancellation received 30 days before departure or the commencement of tour activities: Tour fees 100% will no show

(2) Cancellation received 31 to 90 days before departure or the commencement of tour activities: the deposit 50% will no show, and the remaining funds ,Party B shall refund the balance of payment made by Party A after deducting the whole of any expenditures and travel agent service charge( 10% in total tour fees) made on Party A’s behalf and any other expenditures necessarily incurred in performance of the contract

(3) Cancellation received 91 days or more before departure or the commencement of tour activities:  Party B shall refund the balance of payment made by Party A after deducting the whole of any expenditures and travel agent service charge( 10% in total tour fees) made on Party A’s behalf and any other expenditures necessarily incurred in performance of the contract

 

Party A will bear both side (Party A and Party B) commission fees through by wire transfer or other payment fees.

If Party B can prove that his loss exceeded the amounts as computed according to the preceding paragraph, he may claim compensation equivalent to his actual loss.

 

Clause 23: (Cancellation of Contract by Reason of Law Prior to Departure)

In the event that it is not possible to perform the whole or a part of this contract due to force majeure or a reason for which neither party can be held responsible, the contract may be rescinded in whole or in part without either party being liable to compensate the other for any loss resulting therefrom.  Party B shall refund the balance of payment made by Party A after deducting the whole of any expenditures and travel agent service charge( 10% in total tour fees)made on Party A’s behalf and any other expenditures necessarily incurred in performance of the contract.  However, each party shall be obliged, upon obtaining knowledge of the impossibility of performing the tour activity, to promptly inform the other party and explain the reason therefor; and shall be liable to compensate the other for any loss sustained as a consequence of failing to so inform him.  ** When Party B make the refund to Party A: Party A will bear both side (Party A and Party B) commission fees through by wire transfer or other payment fees.

 

Clause 24 (Cancellation of Contract Prior to Departure Because of Objective Risk)

In the event that, prior to departure, there is a real and recognized risk to tourists’ life, limb, health or property in one of the scheduled destinations of the tour, then the contract may be cancelled in accordance with the provisions of the preceding clause.  However, Party B shall refund the balance of payment made by Party A after deducting the whole of any expenditures and travel agent service charge( 10% in total tour fees)made on Party A’s behalf and any other expenditures necessarily incurred in performance of the contract.  ** When Party B make the refund to Party A: Party A will bear both side (Party A and Party B) commission fees through by wire transfer or other payment fees.

 

Clause 25: (Willful Termination of Contract by Tourist after Departure)

If, after the commencement of tour activities, Party A leaves the group and withdraws from tour activities, he may not claim reimbursement of the tour price from Party B.  However, if Party B is able to save or need not make expenditure as a consequence of Party A’s withdrawal from tour activities, Party B shall reimburse such saving to Party A.

If, after the commencement of tour activities, Party A is unable to participate in scheduled tour activities on time, or is unable to catch a plane, bus, boat or other form of transportation on time, he shall be deemed as having voluntarily given up his rights, and may not claim reimbursement or any compensation from Party B.

 

Clause 26: (Arrangement of Return Journey after Termination of Contract)

If, after the commencement of the tour activities, Party A terminates the contract by leaving the tour or withdrawing from the tour activities before their completion, or failing to comply with the action required by Party B for fulfillment of the tour, Party A shall bear additional costs as a result of the termination of the contract, such as changing international air flights, domestic flights, hotels or bus, etc.

Party B may claim compensation from Party A for any loss it suffers as a result of the circumstances described in the preceding paragraph.

 

Clause 27: (Change in Itinerary, Meals, Accommodation, or Excursion Item During the Tour)

If in the course of the tour, due to force majeure or for reason for which Party B can not be held responsible, it is impossible to fulfill the scheduled itinerary, meals, accommodation, excursions, etc., then in order to protect the safety and interests of the tour group, Party B will reserve the right to change items of the itinerary or excursions or replace meals, accommodation or the itinerary, and if the cost of so doing exceeds the original cost, may not seek payment of the difference from Party A.  However, if the change results in the saving of costs, then Party B shall refund the difference to Party A.

Vegetarians, any food allergies, heart disease and other health problems, Party A must inform Party B 31 days before departure or the commencement of tour activities. If Party A fails to inform that as consequence of quit the tour or Party B fails to change the requested meals, Party B will not give any compensation or refund.

 

Clause 28: (Overseas Shopping)

If, for the shopping convenience of tour customers, Party B arranges for Party A to purchase gifts or souvenirs, Party A shall bear all the shopping risks, such as the prices, quality, faulty or adulterants products, etc. Before making any shopping, Party A may consult Party B more information of products,etc.

　Party B may not for any reason or in any name request Party A to carry any item on its behalf on the homeward journey of the tour.

 

Clause 29: (Attribution of Liability and Assistance)

In the event that during the course of the tour Party A suffers any harm or loss while traveling by airplane, ship, train, MRT, cable car, or any other form of public transport, for reasons for which Party B can not be held responsible, the operator of the transport service shall be directly liable to Party A for such harm or loss.  Nevertheless, Party B shall give the utmost attention of a good manager to assisting Party A to deal with the situation.

 

Clause 30: (Obligation to Assist)

In the event that Party A suffers a mishap to person or property in the course of the tour, Party B shall provide all necessary assistance in dealing therewith.

Where the aforementioned mishap results from a cause for which Party B can not be held responsible, all expenses incurred in relation thereto shall be borne by Party A.  Nevertheless, Party B shall give the utmost attention of a good manager to assisting Party A to deal with the situation.

 

Clause 31: (Good Faith Principle)

The two parties shall perform this contract in accordance with the principle of good faith.  In the event that Party B has commissioned another travel agency to solicit business on its behalf in accordance with the provisions of the Regulations Governing Travel Agencies, it may not plead defense on the grounds of its not having received payment directly from Party A, or not having directly solicited Party A to participate in this tour, or its not being an actual signatory of this contract.

 

Clause 32: (Vaccine)

Party A shall consult their physician from their country about the vaccine before departure.

Party A may also consult Party B if the trip will require any certain vaccines in South America.

Party A may not claim any compensation from Party B if Party A fails to take any mandatory vaccination which required by each south American countries as a result of canceling the whole or part of tours.

 

Clause 33: (Health and Disease)

Party A must inform Party B the physical and mental status and condition, as well as any related medical needs and relevant medical history , Such as pregnancy, heart disease, diabetes, high blood pressure, stroke and any disability, mental illness, etc. if Party A fails to notify to Party B their own physical condition and need to cancel the trip due to any health problems after making the payment, the refund criteria will be based on Clause 23.

 

＊＊MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Crossland Travel encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Crossland Travel. Crossland Travel does not provide medical advice. In addition to the obligation to review, Clients must notify Crossland Travel in writing prior to the due date of their payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition, which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with Crossland Travel. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Crossland Travel may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as offered by Crossland Travel, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Crossland Travel operates varies and Crossland Travel makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. Crossland Travel will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Crossland Travel and Crossland Travel is not liable for any failure to accommodate or fulfill such requests.

 

Traveling with Children

Clients aged 18 at date of first travel are deemed to be adults. On all Products and/or Crossland Travel trips an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). The ratio of adult Clients to Minor Clients traveling together must be one adult Client to every two Minor Clients. Unless otherwise indicated in the tour description, or otherwise by Crossland Travel, the minimum age for Clients travelling on tours is 12 years. All Minor Client bookings are subject to review and approval by Crossland Travel. Crossland Travel reserves the right to restrict the number of Minor Clients on any given Product where it deems necessary. If the adult accompanying a Minor Client is not the Minor Client’s custodial parent or legal guardian, then a "Parental Consent Guardianship Form" must be signed (along with other documents provided as requested by Crossland Travel) by the Minor Client’s parent or legal guardian and must be received by Crossland Travel along with or prior to the final payment made in respect of the Minor Client’s booking.

 

Inca Trail Requirements

In order to travel on or participate in any Product which involves passage on the Inca Trail in Peru, Clients must provide complete details as requested by Crossland Travel to obtain any requisite Inca Trail permits, which information shall include the Client(s)’ full name and passport number and expiry date, as appearing in the passport that the Client will be traveling with, as well as the Client’s date of birth and nationality. Any inaccuracies or failure to provide complete information with respect to Inca Trail permits may result in failure to secure such Inca Trail permit. Crossland Travel will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible applications for Inca Trail permits resulting from the information provided by the Client.**inca trail need to be reserved 3-6 months before.