TERMS & CONDITIONS and WAIVER OF LIABILITY FORM
Thank you for joining a Travel With Kids or TWK Travel & Tours operated by Equator Creative Media LLC trip. Travel services are provided to you subject to these terms and conditions. These terms and conditions bind you - the person specified below under “Full Name” and all minor dependents in your legal care.
References in these terms and conditions to Travel With Kids includes parent company Equator Creative Media LLC, partner brand TWK Travel & Tours, and its employees, agents, contractors and suppliers and these terms and conditions apply to their benefit. Travel With Kids or TWK Travel & Tours (“TWK Travel & Tours” or “Tour Operator”) is operated by Equator Creative Media LLC. By booking or participating in a tour or any other tour product, you (“you” or “Client”) agree to these terms and conditions (“Terms”). If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of other participants in your party.
Assumption of Risk:
Traveling is inherently risky and requires an understanding that modes of transport, accommodation and itineraries may change, even after the tour has commenced, without prior notice due to circumstances beyond the Tour Operator’s control or when the Tour Operator deems it necessary. Accordingly, the Tour Operator reserves the right to amend, vary, reroute, or cancel Tours and cannot guarantee exact arrival or departure times. You acknowledge that participation in the tour and each activity is voluntary and that you are prepared to assume the risks associated with this Tour and that changes to Tour may incur additional charges that will be at the cost of the client. The Tour Operator will not be held liable for cancellations, re-scheduling, or re-routing due to pandemic, forces of nature, terrorism, civil unrest, war, accidents, or other forces beyond the Tour Operator’s control. You acknowledge and assume the risk associated with possible lower standards of hygiene, accommodation, and transportation including land vehicles, boats, and aircraft that are not operated or maintained to standards found in North America. You also assume risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical supplies and support may not be available. By booking a tour, you agree to take full responsibility for your own actions, safety, and welfare.
Third Party Operators:
TWK Travel & Tours has full confidence in the professionalism of the third party suppliers with whom we do business and we will do our utmost to ensure 100% professional service and a smooth travel experience for the client. However, the Tour Operator acts solely as an agent between participants and third party suppliers, and their local operators and sub-contractors, and thus cannot accept any responsibility for their services. Any services provided by third party suppliers are subject to their terms and conditions. You acknowledge that third part suppliers operate in compliance with applicable laws in their country and any disputes that may arise will be handled through the jurisdiction of each operator’s respective place of business.
Tour prices do not include airfare unless expressly mentioned as included in the Tour’s list of inclusions. Tour Operator can provide a quote for airfare, but quotes are estimates only and are not confirmed until payment is made to applicable carrier. The Tour Operator acts as sales agent for air carrier, even on Tours where airfare is included, hence the air carrier’s terms and conditions apply to purchase of air travel. Flight cancellation and delay is beyond control of Tour Operator and will be settled through the respective airline and/or travel insurance.
You understand that you will be a member of a group and will conduct yourself in a way that will not endanger the group or yourself. You will choose a tour and activities that are appropriate to your abilities. You understand that if you fraudulently represent yourself as fit for this trip, you may be removed prior to or during the trip at your own expense. You agree to comply with applicable laws and regulations of all destinations visited. If you fail to comply or the Tour Operator feels your behavior may cause danger, distress, or material annoyance to other clients, the Tour Operator may terminate your Tour. You will not be entitled to compensation for any unused or missed portions of the Tour and expenses incurred due to termination of Tour will be at your own expense.
Tour participants must take necessary steps to prepare for the tour by studying the itinerary and any pre-departure information supplied, and for obtaining personal identification documents, visas, vaccinations, appropriate clothing, and equipment as advised therein. The Tour Operator will not be held liable for any errors or omissions in provided information. You acknowledge that you have read the trip itinerary and understand that optional activities, meals not listed as included, drinks and other personal expenses are undertaken at your own expense.
If you suffer from any known medical conditions you must let us know in advance. You are responsible for assessing the risks and requirements for the Tour and whether it is suitable for your unique circumstances, limitations, and requirements. Any special requirements or dietary requests or restrictions must be made to Tour Operator at time of booking. Tour Operator will make every effort to accommodate requests but cannot guarantee and will not be liable for any failure to fulfill requests. Tour may involve travel in remote places where medical care my not be easy to access or at the standards found in North America. Please ensure that you carry sufficient supplies of any medications you may require, even if you do not use them regularly. Tour prices do not include travel or medical insurance so please make sure you are adequately covered. Please consult with your health care advisor to confirm your fitness for travel and planned activities and any medical issues concerning your trip, including vaccination advice and malaria precautions. The Tour Operator does not provide medical advice and is not liable for the sickness or injury of any tour participant. You warrant to us that you do not have any pre-existing medical condition or disability that will have an impact on or prevent you from participating in or completing the tour. In the event of illness or injury, you authorize the Tour Operator to take such action as is necessary for the provision of medical services at your cost. You must pay the costs of those services to the provider of those services. You are not entitled to any refund for any part of a tour that you missed due to sickness, illness or injury or due to other circumstances outside the control of the Tour Operator.
Participants must have adequate travel insurance covering applicable travel dates for Tour. This insurance must cover death, personal accident, injury, medical expenses, air ambulance, air rescue, loss of effects, repatriation costs, and all other expenses which may arise as a result of death, illness, loss, damage, injury, delay, and inconvenience occurring to the participant. It is also highly recommended that all passengers take out trip cancellation insurance, including flight cancellation and delay, to cover any possible losses incurred by the mishaps of chance. Cost of insurance is not included in Tour price and you are responsible to purchase coverage separately at an additional cost.
As a condition of booking, you are responsible for providing the information requested by the Tour Operator and for the correctness and accuracy of the information including, but not limited to, passport information, health information, ages of participants, and more. The Tour Operator will not be held liable for any fees, costs or losses associated with errors, omissions, inaccuracies, or incomplete information provided by the client or information not provided in a timely manner. The Tour Operator must collect this information and at times provide to third party suppliers. The Tour Operator will disclose information as reasonably required and will make every attempt to keep the information private. The Tour Operator will not share your information with third party suppliers except when necessary to perform activities and services as required to complete the Tour.
Although the Tour Operator will do its best to advise on entry and exit requirements for each destination, it is your responsibility to obtain all required documentation required for entry and exit. The Tour Operator makes no representations or warrantees as to the accuracy or completeness of any information provided on visas and travel documents and you agree that you will not hold the Tour Operator liable for any errors or omissions. This includes but is not limited to passport, birth certificate, travel documents required by governmental authorities, visas, permits, certificates, and insurance. You are responsible for obtaining all documentation prior to start of Tour and for the costs to obtain any missing documentation or for costs and fees associated with failure to have documents in your possession. You agree that any loss or expense incurred by the Tour Operator that is a result of your failure to have proper documentation is your responsibility.
You release and discharge the Tour Operator and its affiliates, partners, directors, representatives, and agents from any and all liability arising from your participation in the Tour including, but not limited to, actions, or inactions, of TWK Travel & Tours undertaken pursuant to these terms and conditions and including those caused or contributed to by third parties including suppliers to TWK Travel & Tours and other participants on the tour. You agree that this release will be legally binding upon yourself, your heirs, successors, assigns and legal representatives; it being your intention to fully assume all risk of travel and to release TWK Travel & Tours from any and all liabilities to the maximum permitted by law.
TWK Travel & Tours may suspend its obligations under these terms and conditions if its ability to perform is affected by circumstances outside its control including natural disasters, pandemics, epidemics, explosions, embargos, government directives, political events, war, or any law or regulation, litigation, labor dispute or terrorism or any other cause which is beyond the Tour Operator’s reasonable control. Unless required by law or otherwise expressly agreed to in writing by Tour Operator no refunds are payable and no claims may be made if you do not complete a tour regardless of the reason. You acknowledge that you cannot claim compensation or seek damages if TWK Travel & Tours exercises any of the rights conferred on it by these terms and conditions unless these terms and conditions expressly provide otherwise.
The Tour Operator is not liable for death, injury, illness, delay, loss, or damage to person or property, direct and indirect financial costs, or failure to perform or complete any duty if such death, injury, illness, delay, loss, or damage is caused by act of God, war, terrorist activity or threat, political or governmental action, mechanical breakdown, strike, riot, transportation cancellation, natural disaster, pandemic, fire, extreme weather, or any other cause beyond the control of the Tour Operator, or an event which the Tour Operator or its partners, suppliers, or agents, could not foresee any and all of which constitute “Force Majeure”.
Covid-19 and other Disease
You acknowledge that there is a worldwide COVID-19 (coronavirus) pandemic, as well as periodic outbreaks of other diseases throughout the world and that any outbreak, epidemic, or pandemic could affect travel plans. You acknowledge that due to this and other reasons not foreseeable by the Tour Operator, travel plans may be interrupted, delayed, or cancelled by the Tour Operator or its suppliers, a governmental agency or a transportation supplier and that the Tour Operator’s and the third party supplier’s cancellation, rescheduling, and refund policy will determine your rights to rebook or refund or lack thereof. You acknowledge the risk that any third party supplier may refuse or be unable to comply with their own rescheduling or refund policy and that this is out of the control of the Tour Operator and will result in a refund not being available to you. You agree to comply with local health and safety requirements including but not limited to mandatory face coverings, temperature checks, social distancing and you acknowledge possible delays due to increased screening and testing at entry and exit points and that these restrictions may be implemented or altered during the Tour which could delay or prevent entry or exit. You agree to purchase travel insurance and understand that the terms of the insurance policy will determine coverage which may or may not include cancellations due to outbreaks, epidemics, or pandemics. The Tour Operator cannot provide insurance advise and you agree to discuss coverage with your insurance provider. You agree to release the Tour Operator from any and all liability for any such damages or losses that may arise from such cancellation or interruption of the Tour.
You give permission for TWK Travel & Tours to use images (including still and video) and audio of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes as well as television content, through whatever medium it chooses.
Prices, Payment & Cancellation
TWK Travel & Tours reserves the right to increase the tour price due to changes in airfare, taxes, fees, permit fees, fuel charges, currency fluctuation and availability. Individual space for each person is allocated and reserved by payment of initial deposit to TWK Travel & Tours/Travel With Kids. Deposits are non-refundable unless prior arrangements have been agreed to in writing between Tour Operator and the client. TWK Travel & Tours will present a payment schedule for remaining payments. Failure to complete total balance of payments may result in removal from trip and forfeit of all funds paid to date.
You may cancel your Tour by notifying the Tour Operator in writing. Cancellation fees will be determined by the date on which notice of cancellation is received by the Tour Operator. Cancellation policy is as follows:
Cancellation received 200 or more days prior to departure: 50% of Tour Cost is refundable less deposit.
Cancellation received 199 - 120 days prior to departure: 25% of Tour Cost is refundable less deposit.
Cancellation received 119 - 0 days prior to departure: 0% refundable
If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure, and the cancellation is not due to the client’s negligence, you will receive a voucher for the full payments made on the Tour to be used on a future Tour from the Tour Operator. The Tour Operator will not be held responsible for any incidental expenses or losses incurred due to cancelled or rescheduled Tours including but not limited to visa fees, vaccination expenses, airfare or other transportation expenses.
On occasion, a portion of the Tour may have to be altered prior to or during the Tour without notice due to unforeseeable circumstances or events outside the Tour Operator’s control including but not limited to Force Majeure, illness, injury, strikes, terrorism, political events, mechanical breakdown or transportation cancellation, governmental action, pandemic, epidemic, outbreak, or natural disaster. You acknowledge that you will not receive refunds or credits for missed or unused services or accommodation changes.
The Tour Operator reserves the right to amend these Terms at any time and will post the amended Terms at twktours.com/terms-and-conditions. Any changes will be in effect 10 days after the post date. You are deemed to have accepted any amendments to the Terms 10 days after their publish date on Tour Operator website.