1. MAKING YOUR BOOKING
Call our reservation staff (details on back cover) and normally you'll get a firm offer of availability within 24 hours. Then you need to send us a completed booking form together with your deposit of US$500 per person per tour plus any costs associated with non standard transfers, or full payment if booking less than 75 days before departure. Your booking is accepted by us (Breakaway Adventures LLC), and becomes a contract between yourself and ourselves, only when we have issued a confirmation invoice to you or your travel agent. Your contract with us is governed by the law and jurisdiction of South Carolina.
Full payment must be received by us not later than 75 days before departure. If the balance is not received in full by the due date we reserve the right to treat your booking as cancelled by you and apply cancellation charges as set out in clause 6B. Please note that final payments made on a credit card will be subject to a credit card fee of 2.75%.
Prices are based on costs and exchange rates when the brochure was printed. We reserve the right to adjust tour prices.
4. OUR RESPONSIBILITIES
A. Breakaway Adventures acts only as booking agent for the providers of accommodation, transport and other services offered in this brochure. The responsibility of providers is limited with regard to the maximum amount that may be paid to you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount payable to you for such non person al injury claims is twice the price paid by, or on behalf of, the person(s) affected in total. The maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. The responsibility of providers excludes (i) cases where any failure to perform or improper performance was due to: (a) the act(s) and/or omission(s) of the person(s) affected, or (b) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable, or (c) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care and (ii) cases where the performance or prompt performance of our contractual obligations is affected or prevented by "force majeure" which here means any event which the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. Please note, this clause does not apply to pre-departure changes and cancellations, see clause 6C.
5. YOUR RESPONSIBILITIES
A. Your holiday confirmation invoice contains all details of your agreement with us. It is your responsibility to check this invoice together with tickets and other documents and advise us of any inaccuracy within 7 days of receipt failing which we cannot accept any liability. B. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Proper payment for such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If, in our opinion or in the opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or to be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave their accommodation or other service. We will have no further responsibility towards such person( s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. C. It is your responsibility to ensure your
papers (full passport, visa, driving license etc) are in order. You may require visas: please check before booking
6. CANCELLATIONS & ALTERATIONS
A. You may change your holiday, subject to availability of hotel rooms and transport, at least 56 days before departure. There will be an administration fee of US$95 per person together with any costs or charges incurred or imposed by any of our suppliers in making the change. After this date all changes will be treated as cancellations and rebookings (thus cancellation charges as set out in 6B will apply.) B. If you cancel your holiday, cancellation fees are charged per person per tour on the following scale: more than 56 days before departure, *USD$350; 56 to 42 days before departure (inclusive), 50% of total booking price; 41 to 28 days before departure (inclusive), 75% of total booking price; 27 days or less before departure (or failure to join the holiday or failure to pay any local payment due), 100% of total booking price. *When more than 56 days before departure, you may choose to pay a change fee of USD$95 and keep your trip deposit (USD$500) in a holding account to use on a future trip to be taken with 18 months. The deposit (USD$500) and change fee (USD$95) will become fully non-refundable at the time at the time this option is elected. C. We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochures and other details both before and after bookings have been confirmed and cancel confirmed bookings. While we always endeavor to avoid cancellations and changes, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking where you have failed to make all payments due in full and on time or where we are forced to do so as a result of circumstances outside our control or because an insufficient number of people have booked your chosen holiday (for which a minimum group size is stated in the brochure for that holiday). We will notify you not less than 4 weeks before the tour starts if we have to cancel for lack of numbers. Please note that we do reserve the right to run tours with less than the stated minimum number. D. Most changes are minor. Occasionally, we have to make a "significant change" by which we mean one or more of the following changes when made before departure: a change of accommodation to a lower official classification or standard, or a different area, for the whole or a major part of the time you are away, start or end of holiday changed by more than 12 hours, and, in the case of tours, a significant change of itinerary missing out one or more major cities substantially or altogether. All other changes are treated as "minor" changes. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: (a) (for significant changes) accepting the changed arrangements or (b) purchasing an alternative holiday from us (with cost reduction or increase as applicable) or (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note these options are not available where any change made is a minor one. If we have to make a significant change or cancel, on or after the date the balance of the holiday cost must be paid, we will pay you compensation on the following scale based on how many days before your booked holiday departure we tell you of a major change: before 28 days before travel, no compensation, between 28 days and 14 days before travel (inclusive), $38; between 13 days before travel and the date of travel (inclusive), $57. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where an insufficient number of people have booked your chosen holiday (for holidays with a minimum group size stated in the brochure) providing we notify you not less than 4 weeks before departure. No compensation will be payable if we cancel as a result of your failure to make all payments due in full and on time. In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel more than 4 weeks before departure.
Very rarely, we may be forced by reasons outside our control to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
7. ASSUMPTION OF RISK
You understand and accept that your proposed tour or holiday may expose you to inherent dangers including but not limited to physical exertion, remoteness from medical facilities, weather extremes and limited evacuation facilities. These risks may include personal injury, disease or death, delays of whatever sort including transportation, loss or damage to property, equipment failure, or the activity itself. You acknowledge that alterations to the schedule itinerary or activity may be made as necessitated by weather, group size, road transport, road closures, illness or other factors, you agree to accept the decisions of the tour leader or representative, and you accept that neither we nor the providers of services can be held responsible for expenses or inconvenience incurred as a consequence. You acknowledge that the enjoyment of your tour or holiday is derived in part from travel beyond the safety risks of life at work or at home, and you accept and assume all the risks involved.
If special delivery arrangements are required to ensure prompt delivery of tickets and documents, or for international shipment of documents, a charge of US$75 per address will be made to help us cover the cost. Add US$35 per address for shipment of paper rail tickets.
9. INSURANCES AND LOSS/DAMAGE
A. Ask us or your Travel Agent for details on travel insurance options.
If you have a complaint while on holiday, you must report it at the time to your hotelier or other supplier and to our representative (as appropriate) to enable it to be put right. If you feel it is serious, you should also notify us at the time by phone, fax or email. If you remain dissatisfied, you must send us full details of your complaint in writing within 28 days of your return. We regret we cannot accept liability in relation to any other complaint or claim which is not notified entirely in accordance with this clause.
11. WHAT YOUR HOLIDAY PRICE INCLUDES
Full information is given on page 48-49. Accommodation is in twin or double rooms with private bath/shower and toilet. At a few places we don't always get en-suite bathrooms, and the description says so clearly. Otherwise, in the event where en-suite bathrooms are not available, we refund US$20 per room per night affected. Single rooms just give privacy, and may be of a lower standard than twins. Rooms for three or more on touring holidays may be cramped. Transfers are included at the times stated in the price table for each holiday (may be subject to a minimum number of people booked). The local rep will wait for a maximum of 45 minutes beyond the pick up time, after which time, it will be your responsibility and at your cost to make your way to the first hotel. No refunds are issued for transfers not utilized. Not included are airfare, drinks, departure or arrival taxes, local tourist taxes, gratuities, extra meals, laundry, optional excursions/admissions, telephone and items of a personal nature.