1. YOUR VACATION RESERVATION
On receipt of your deposit, subject to availability and at our discretion, Contiki will reserve your place on your selected vacation. A contract is only made between you and us upon your booking being confirmed and accepted by us and our communication thereof to either you or your travel agent.
3. VACATION CHANGE AND/OR CANCELLATION
3.1.1 Contiki reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond its control.
3.2 Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative.
3.3 If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Contiki vacation without payment of any transfer fee. Please Note: The departure date constitutes the date indicated on Contiki Vacations confirmation. If you do not join the tour on the day of departure then cancellation fees will be 100%.
3.4 If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Contiki’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.
3.5 Contiki is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any tour departure.
4. VACATION DETAILS AND CONDITIONS
4.1 The information in our brochure is correct to the best of our knowledge at the time of going to print (May 2006) but we cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.
4.2 With respect to their touring program Contiki will do their best, at their discretion, to select accommodation, sightseeing tours and transportation to give you good value for money.
4.3 Contiki constantly strives to improve tour itineraries and features. if such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries and to substitute hotels. Contiki is not responsible for any other travel arrangements affected due to our cancellations.
4.4 Any special meal requirements will be made on a request basis only. Contiki cannot Guarantee special meal requests nor will assume any responsibility or liability if clients special meal requests are not fulfilled.
5.1 Contiki is responsible to you for properly arranging and conducting your vacation.
5.2 Your travel agent shall, on the receipt of any monies, hold such monies for you until the booking is confirmed at which time those monies shall be remitted promptly by your travel agent to us. Contiki is not responsible for these monies until actually received from your agent. All such monies received by us will be deposited as required by law.
5.3 We will be entitled to keep for each account any interest earned on such monies.
5.4 All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us as and when we see fit, in respect of the services to be provided and/or fees payable under your selected vacation. The payment of a deposit or any other monies in respect of your vacation shall be deemed to be an authorisation to disburse thereof as aforesaid.
5.5 As Tour Operator, Contiki makes arrangements with carriers, hoteliers and other independent suppliers to provide you some or all the travel services you purchase. These parties are independent suppliers over whom Contiki has no direct control. Contiki is responsible to you for properly arranging and conducting your vacation only. Unless caused by its own negligence, Contiki is not responsible for and accepts no liability in respect of any claims, losses, damages, costs or expenses arising out of: a) personal injury, sickness, disease, accident or death, however caused, including without limitation, where same results from your conduct on vacation; b) loss or damage to or delay of baggage or other property unless resulting from Contiki’s negligence in which case Contiki’s liability shall be limited to the actual loss but in no event would exceed the total vacation cost; c) delays and loss resulting there from due to government action, weather, mechanical breakdown, equipment failure, labour disputes, sickness, acts of war, insurrection, terrorism, Acts of God or any other causes beyond Contiki’s direct control. Contiki cannot be responsible for interruption of air carrier service due to airline default. d) acts or omissions, whether negligent or otherwise, of suppliers of services or their personnel (including, without limitation, transportation and accommodation services) or of any other person or body unless such a person or body is employed by us, or is an agent of ours, and is acting within the scope of his or her authority. In no event is Contiki liable for the acts or omissions of independent third party contractors or of its own employees or agents acting outside the scope of their duties. e) loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following: (i) any matter or topic described in sub-paragraphs (a) to (d) inclusive above. (ii) your failure to obtain the necessary documentation to travel. (iii) your failure to arrive on time for initial departure or for connections within the tour or to stay within or join your tour at any time after initial departure. (iv) your leaving the tour prior to its completion. (v) the need for Contiki to change itineraries or substitute accommodation or services, provided that Contiki makes every effort to supply the most comparable services and accommodations available. (vi) cancellation of the vacation by Contiki provided that a full refund of all monies paid is made to you. (vii) Many of our activities are action and adventure orientated. Sports and similar activities inherently involve risks of injury greater than those that would be encountered if you were not participating in such, and therefore, by voluntarily taking part in any sports or other such activities, you thereby acknowledge and assume any of the risks inherent therein. In the absence of negligence on our part, or on the part of our agents and representatives, neither we nor they accept any responsibility for, and shall not be liable for, any injury, illness, damage, loss, accident, expense, delay or any other irregularity resulting from your participation in any of the activities made available to you. (viii) We take every reasonable precaution possible to assure your comfort, safety, and enjoyment while you are taking part in a Contiki vacation. Contiki vacations are generally for the young, and not for the frail or those not generally enjoying good health. A change of climate, food, time and varied cultural habits often affects travelers differently. We therefore recommend that you advise your doctor that you are taking one of our vacations and ask if he or she recommends anything for your trip, even for something as seemingly benign as an upset stomach. Since the brands of any medication to which you are accustomed may be unavailable in places to which you are traveling, we recommend you bring your own supply of any medication you will require and carry such medication in your hand luggage. Prescription drugs should be carried in the original labelled bottles. Should you fall ill during your Contiki vacation, we will make every reasonable effort to make prompt, sanitary, safe and proper medical care available to you. However, if at anytime or anywhere treatments of any sort are suggested to you that do not meet your needs or expectations, you should not hesitate to contact your own doctor. Also, please note that the same sorts of activities that can expose you to certain types of diseases at home can just as easily expose you to those same diseases abroad. This information is provided only for your convenience and we are not responsible or liable for any damages resulting from your failure to confirm or ascertain health information or medical precaution, if any, for the places which you will be visiting. (ix) Contiki is responsible for taking care to arrange and conduct your vacation properly. With you in mind, we have accepted applications from and interviewed numerous potential employees, and then we select only those people whom we believe in our best judgement would be responsible and congenial, Tour Managers, Representatives and Drivers. Although we firmly believe, based on personal interviews and certain disclosures made to us by our employees, that all of our employees enjoy excellent health, we, like other tour operators, are legally unable to confirm this in most, if not all, instances.
1. BOOKING YOUR VACATION 1.1 In order to reserve your vacation, a deposit of US$200, per person for the first tour booked and US$100 per person for second and subsequent tours booked, or the full amount payable if booking is made within 45 days of departure from America, must be submitted to Contiki by you in respect of that vacation. This payment is in addition to any deposit required by your travel agent. The deposit is accepted as a first installment of the vacation price by Contiki only once the booking has been confirmed in writing by Contiki or your travel agent.
1.2 Your land reservation will be confirmed on receipt of a non transferable, non refundable deposit of US$200 per person for the first tour booked and then a deposit of US$100 for second and subsequent tours booked which must be paid within 7 days of booking or the reservation will automatically be cancelled.
1.3 Any special meal requirements will be made on a request basis only. Contiki cannot guarantee special meal requests nor will it assume any responsibility or liability if clients special meal requirements are not fullfilled.
2. PAYING THE BALANCE
2.1 The balance of the vacation price must be paid by no later than 45 days before your scheduled vacation departure date from America which shall be by the due date stated on the confirmation issued to you by Contiki.
2.2 If payment isn’t made by the due date, Contiki may assume that you have cancelled and cancellation charges in accordance with clause 3 below will be levied by Contiki.
2.3 Tickets and other documents won’t be forwarded until full payment has been received by us.
2.4 In the case of Late Bookings made within 45 days of your departure from America, the full cost of the vacation will be payable immediately on booking and we reserve the right to provide all travel documents at the vacation departure point.
2.5 Contiki reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.
2.6 All bookings are subject to a $5 per person document delivery fee. However, if travel documents are required the next day or earlier than 30 days prior to departure (providing full payment has been received), a fee of $35 per mailing will apply. Bookings made and/or payments received within 30 days of departure incur a $35 per mailing document delivery fee. Any documents delivered outside the USA will incur a minimum fee of $50. The actual cost will be advised at time of booking.
3. IF YOU CANCEL
3.1 Notice of cancellation must be made in writing to Contiki 3.2 Your deposit is non transferable, non-refundable upon cancellation by you 3.3 Upon cancellation you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the vacation price and is calculated as follows:
PERIOD OF NOTICE CANCELLATION FEE
More than 45 days notice: Deposit is forfeited
45-22 days: 25% of tour fare
21-8 days: 30% of tour fare
7-1 days: 50% of tour fare
Day of departure: 100% of tour fare
Where the percentage cancellation fee is less than the tour deposit, the cancellation fee will equal loss of deposit. If you fail to join a tour or join it after its departure or leave it prior to its completion, no vacation price refund can be made. Please note that if the reason for cancellation falls within the terms of any vacation insurance policy which you hold, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.
3.4 These cancellation fees also apply to additional accommodation booked prior to and after your tour. However Hotel Accommodation which is cancelled within 14 days of the booked dates incurs a 100% cancellation charge.
3.5 These cancellation fees are in addition to any cancellation fees that may be levied by your Travel Agent
3.6 If flight changes are requested after the deposit has been received a US$30 amendment fee will be applicable. If flights are cancelled after tickets are issued, revision fees, change fees or Airline cancellation fees will be applicable and maybe in addition to the above cancellation charges.
4. IF YOU CHANGE YOUR BOOKING
4.1 If after your booking has been confirmed, you wish to change to an alternative departure date or you wish to change to a different Contiki vacation, you may do so subject to availability and providing the new vacation date is also in this brochure.
4.2 A fee of US$30 per person will be charged for any revision or alteration made to a reservation after the booking is confirmed unless the change increases the value of the booking. A change of tour date or tour itinerary within 45 days of tour departure will be treated as a cancellation, and normal cancellation fees will apply except when the change is to an earlier departure date of equivalent or greater value in which case a US$30 per person amendment fee will be charged.
5. VACATION DETAILS AND CONDITIONS
5.1 Please read the brochure carefully for those items included in the price. No allowance or refund can be made for meals, accommodation, excursions, etc. that you elect not to take.
5.2 Contiki’s vacations are specifically planned for those in the 18 through 35 age group. Consequently the facilities and activities on a Contiki tour are not appropriate to persons outside this age bracket. If you have a question regarding the age groups, you should discuss this thoroughly with Contiki staff personnel.
5.3 Persons with disabilities must contact Contiki staff as soon as possible before any tour to determine if the particular tour would be appropriate, to discuss what reasonable accommodations may be provided and to give Contiki the opportunity to prepare such reasonable accommodations. In many countries public facilities and accommodations for persons with disabilities will cause difficulties, restrictions and hardships over which Contiki will have no control. In addition, Contiki cannot provide personal devices or individually prescribed devices, nor can Contiki provide services of a personal nature, such as assistance in eating, toileting or dressing. In some cases it may be appropriate to bring a personal assistant. If you have a disability and do not contact Contiki sufficiently in advance of a tour, we may not be able to accommodate you on a tour and you could be asked to leave the tour.
5.4 You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the vacation.
5.5 There may be times when the Contiki Tour Manager or Representative has to make a decision in your best interest or the best interests of their group. You agree to comply with the authority and decisions of the appointed Contiki Tour Manager or Representative and the laws of the country in which you are traveling. If you do not so comply or if, in the Contiki Tour Manager’s or Representative’s opinion, you are not compatible with the general enjoyment and well being of other members on the tour or the smooth operation of the vacation itself, we reserve the right to refuse to let you continue with the tour. In such event, you will be responsible for your own repatriation and related costs and have no claims against us.
5.5.1 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to hotel/Contiki Village staff and/or a Contiki Tour Manager as soon as it is discovered.
5.6 It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws.
5.7 You agree that our Contiki Tour Managers or Representatives may take photographs and films of you while you are on vacation and that these may be used in our Group brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.
5.8 Should you have a complaint in respect of the vacation, you should inform the Contiki Representative during the course of the vacation and if the matter cannot be resolved after the representative’s best endeavours to do so during the vacation, your complaint should be made in writing to Contiki as soon as is reasonably possible after the vacation but within 42 days thereof so that your complaint can be investigated. any claims made after the 42 day period will not be considered by Contiki. If you choose to write to Contiki via the Internet, please provide your home address so that we are able to reply to you in writing.
5.9.1 The contract and all matters arising in respect hereof shall be subject to English Law, unless we agree otherwise in writing.
5.9.2 If any provision of this contract is held invalid or unenforcable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforcability of the other provisions shall not be affected.
5.9.3 If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.
Contiki Holidays highly suggests taking out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you will be accepted on a Contiki vacation. With the insurance of BerkelyCare we are able to offer comprehensive travel insurance at group discount rates (see details on page 61). If you wish to have this valuable protection, please advise your Travel Agent to request the insurance and to include the cost of insurance when sending in your vacation deposit. Please note that there will be no travel insurance provided unless you request it from your Travel Agent and the payment is forwarded to Contiki. Complete details of the coverage limitations and exclusions are contained in the documents of insurance which will be included with your vacation invoice. Please check that the insurance covers all the activities that you are going to be participating in. Some policies exclude certain adventure activities.
7. ILLNESS OR ABSENTEEISM
In the event of your withdrawal from a vacation after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. Unfortunately no refunds can be made for absences from a tour, including but not limited to missed meals or sightseeing.
8. WHAT’S NOT INCLUDED IN THE VACATION PRICE
Airfares to and from your vacation destination (unless using Contiki’s special ‘fly ‘n’ tour’ offers), airport taxes, air surcharges, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour managers, representatives, drivers and local guides, items of a personal nature, excess baggage, optional excursions.
9. WEATHER CONDITIONS
Under no circumstances can we be held responsible for snow or weather conditions, nor can any vacation be cancelled or amended by you at any time on the basis of snow or weather conditions.
1. CONTRACTING PARTIES
1.1 The Booking Conditions detailed herein contain the entire contract between you and Contiki. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorised officer or director of Contiki.
1.2 Your contract is with us as the tour operating company. At any time and at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.
1.3 Contiki is not a carrier or hotelier nor does it own aircraft, hotels or coaches. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance in helping to resolve any reasonable dispute. Please also note that Contiki cannot be held responsible for the failure of any of these parties to provide facilities or services for handicapped clients (see also 5.3 under Vacation Details & Conditions).
1.4 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a vacation from Contiki or as having any other legal relationship with any such purchaser.
1.5 Every effort is made to ensure brochure accuracy at the time of going to print, however Contiki cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.
2. USTOA $1 MILLION CONSUMER PROTECTION PLAN.
Trafalgar Tours shares the coverage available under the USTOA $1Million Assistance Program with affiliates of Contiki Vacations who, as an Active member of the USTOA is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Trafalgar Tours customers in the unlikely event of Contiki Vacations bankruptcy or insolvency or cessation of businesss. Further you should understand that the $1 Million posted by Contiki Vacations may be sufficient to provide only partial recovery of the advance payments recieved by Trafalgar Tours. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to email@example.com or by visiting their website at www.USTOA.com.
3. OPERATING COMPANIES
The Australia and New Zealand programmes advertised are operated by Contiki Holidays (Australia) Ltd. and Contiki Holidays (New Zealand) Ltd.. The US programmes advertised here are operated by Contiki US Holdings Inc. The Europe programmes and Mykonos/Bali Resort advertised is operated by Contiki Travel (Europe) Ltd., Picquet House. St Peter Port, Guernsey, Channel Islands, with the exception of the Great Britain and Southern Ireland tours, which are operated by Contiki Travel (UK) Ltd.