By booking or participating in a tour and any related products or services (a “Tour”) with Flip Flops & MountainTops, Travel Services, an incorporated company in Dominica (“Flip Flops & MountainTops, Travel Services” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a tour you acknowledge that you have read, understand, and agree to be bound by these 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 the other participants in your party.
1. The Booking Contract
Your booking is confirmed and a contract exists when Flip Flops & MountainTops, Travel Services issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the travel coordinator immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the travel coordinator.
2. Booking on Behalf of Others
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included in that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the travel coordinator if any changes or cancellations are required, and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Flip Flops & MountainTops, Travel Services will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. Medical Information
You are responsible for assessing whether a tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Flip Flops & MountainTops Travel Services, or any affiliate, does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the tour based on your own unique circumstances, limitations, fitness level, and medical requirements.
If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities, or may adversely affect the experience of others on your tour, it is recommended that you seek medical advice from your physician prior to booking.
Flip Flops & MountainTops, Travel Services reserves the right to deny you permission to travel or participate in any aspect of a tour at any time and at your own risk and expense where the travel coordinator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and should be disclosed to the travel coordinator at the time of booking. The travel coordinator and/or tour operator may refuse to carry women who are over 24 weeks pregnant. The travel coordinator and/or tour operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
Travel with Flip Flops & MountainTops, Travel Services may involve visiting remote locations on Dominica where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the locations you may visit on your tour varies and the travel coordinator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those locations.
4. Special Requirements
Any special requirements should be disclosed to the travel coordinator at the time of booking. The travel coordinator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destination and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the travel coordinator at the time of booking but the travel coordinator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these terms or the contract between you and the travel coordinator and the travel coordinator is not liable for any failure to accommodate or fulfill such requests.
5. Age Requirements
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. Unless otherwise indicated in the tour description/ private Tour/ customizable tour option, or by the travel coordinator, the minimum age for minors traveling on any tour is 8 years old.
All bookings with a minor are subject to review and approval by the travel coordinator. If the consent of a parent, guardian, or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Flip Flops & MountainTops, Travel Services will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision, and monitoring of such minor(s), and jointly and severally accepts these terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Flip Flops & MountainTops, Travel Services does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. Travel Insurance Requirements
YOU SHOULD HAVE TRAVEL INSURANCE THAT WILL COVER MEDICAL, EVACUATION AND REPATRIATION COVERAGE covering all applicable dates of travel with Flip Flops & MountainTops, Travel Services. This insurance should cover personal injury and emergency medical expenses. You are also recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay, or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any tour offered by the travel coordinator and you should obtain separate coverage at an additional cost.
All dates, itineraries, and prices of tours are subject to change at any time. If it becomes necessary to change dates or itineraries, you will be notified and given the option of canceling your tour or rescheduling for the price of your original tour.
At the time of booking, a non-refundable deposit in the amount of $350.00 USD per person per tour is due to Flip Flops & MountainTops, Travel Services. The final payment is due 90 days prior to departure. If the booking is made 90 days or less prior to departure, full payment is due at the time of booking.
Tour prices do not include international or other airfare.
10. Final Payment & Acceptance Of Booking
The confirmation sent by Flip Flops & MountainTops, Travel Services will contain details of final payment required for any booking. Payment of the balance is due 90 days before the departure date of the tour date. If full payment is not received by the applicable due date, Flip Flops & MountainTops, Travel Services will treat the booking as canceled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 90 days before the departure date of the tour then the full amount must be paid at the time of booking.
Flip Flops & Mountain tops, Travel Services is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the travel coordinator.
11. Cancellation By The Participant
You may cancel your booking by notifying Flip Flops & MountainTops, Travel Services by phone, AND in writing. Cancellation fees will be determined based on the date on which notice of cancellation is received by the travel coordinator. The cancellation fees are expressed as a percentage of the total price paid for the canceled tour.
Cancellation of a Tour:
(a) Cancellation received prior to 90 days prior to the scheduled start date of the tour will be eligible for a complete refund minus the deposit.
(b) Cancellation received 89-40 days prior to the scheduled start date of the tour will be eligible for a partial refund at 50% of the entire package price.
(c) Cancellation received 39 days or less prior to the scheduled start date of the tour will be ineligible for any refund.
(C-1) Cancellation received 39 days or less prior to the scheduled start date of the tour will be eligible for a transfer to a future dated tour.
12. Guaranteed Departures & Cancellation Of A Tour By Flip Flops & Mountaintops, Travel Services
A departure date for a tour offered by Flip Flops & MountainTops, Travel Services will become a guaranteed departure when at least two bookings secured by valid deposits have been made on that departure.
Flip Flops & MountainTops, Travel Services guarantees that all scheduled tour departures booked and secured with a valid deposit will depart as indicated subject to reasonable itinerary changes. This guarantee is not applicable in the case of Force Majeure. Brochures and other printed materials displaying tour information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.
If a tour is cancelled by Flip Flops & MountainTops, Travel Services 89 days or less before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will receive:
(a) a full refund of cancelled tour plus an additional 50% credit toward a future Flip Flops & MountainTops tour of the same value. (Example; Tour (800.00) Refund ($800.00USD + $400.00 credit= $1200.00 combined)
Flip Flops & MountainTops, Travel Services is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking including visas, vaccinations, non-refundable flights or rail, non- refundable car parking or other fees, loss of earnings, or loss of enjoyment. Where a significant element of a tour as described cannot be provided after departure, the travel coordinator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the travel coordinator may provide you with a refund for unused activity service determined at its discretion.
13. Travel Documents
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Flip Flops & MountainTops, Travel Services that is a direct result of your failure to secure or be in possession of proper travel documentation. The travel coordinator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Flip Flops & MountainTops, Travel Services is not responsible for any errors or omissions in this information.
14. Flexibility & Unused Services
You acknowledge that the nature of adventure travel requires flexibility and acknowledges that you will permit reasonable alterations to products, services, or itineraries by the Flip Flops & MountainTops, Travel Services. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the travel coordinator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts, or refunds will be issued for services that are missed or unused after departure due to no fault of the travel coordinator, including your removal from a tour because of your negligence or breach of these terms.
Once a tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of the travel coordinator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the travel coordinator, whether or not such expenses arise from a change of itinerary, and Flip Flops & MountainTops, Travel Services is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Flip Flops & MounTainTops, Travel Services will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the travel Coordinator is accurate and up-to-date. Any changes to your name on any booking are subject to Flip Flops & MounTainTops, Travel Services approval. Any changes to a booking depend on availability and are subject to Flip Flops & MountainTops, Travel Services approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product, or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 30 days prior to the departure of the first tour on the applicable booking.
16. Acceptance Of Risk
You acknowledge that adventure travel and the tours offered by Flip Flops & MountainTops, Travel Services may involve a significant amount of risk to your health and safety. By traveling with Flip Flops& MountainTops, Travel Services you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release Flip Flops & MountainTops, Travel Services from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in tour itineraries or otherwise offered by the travel coordinator. Flip Flops & MountainTops, Travel Services requires that you confirm your assumption of this responsibility by completing the participation waiver prior to departing on your tour.
You acknowledge that the degree and nature of personal risk involved depend on the tour booked and the location(s) in which a tour operates and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation, and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the travel coordinator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges, or laws in effect in any locations where a tour, is operated. You acknowledge you have considered the potential risks, dangers, and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on tour or, if in the opinion of the travel coordinator (acting reasonably), your behavior is causing or is likely to cause danger, distress, or material annoyance to others, the travel coordinator may terminate your travel arrangements on any tour immediately at your expense and without any liability on the part of Flip Flops & MountainTops, Travel Services. You will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Flip Flops & MountainTops, Travel Services or Flip Flops & MountainTops, Travel Services suppliers for property damage, destruction or theft caused by you while on a tour. You agree to provide your credit card information upon your arrival directly to the hotel that will be providing your accommodations throughout your tour. Your credit card information will remain on file throughout your tour in the case of any damages that occur directly by you or anyone in your party during the course of your stay. You agree to immediately report any pre-existing damage to a representative of Flip Flops & MountainTops, Travel Services and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices, and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the travel coordinator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the travel coordinator as soon as possible in order to provide the travel coordinator with the opportunity to properly address such complaints. You agree to inform your travel coordinator, another representative of your travel coordinator, or Flip Flops & MountainTops, Travel Services directly. Flip Flops & MountainTops, Travel Services assumes no liability for complaints that are not properly brought to the attention of the travel coordinator and cannot resolve or attempt to resolve complaints until proper notice is provided.
17. The Travel Coordinator Is Not Liable For Third-party Suppliers
Flip Flops & MountainTops, Travel Services makes arrangements with accommodation providers, activity providers, airlines, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third-Party Suppliers may also engage the services of local operators and sub-contractors. Although Flip Flops & MountainTops, Travel Services takes all reasonable care in selecting Third Party Suppliers, the travel coordinator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers, and therefore cannot be responsible for their acts or omissions. You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the country in which they operate and the travel coordinator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
Flip Flops & MountainTops, Travel Services is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the travel coordinator.
Flip Flops & MountainTops, Travel Services is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
18. Optional Extras
“Optional Extras” refers to any activity, transportation, meal, product, or service not expressly included in the tour itinerary or price of the tour and which does not form part of the Tour. You agree that any assistance given by the travel coordinator in arranging, selecting, or booking, any optional extras is purely at your request and the travel coordinator makes no warranties and expressly disclaims any liability whatsoever arising from participation in optional extras or any information provided by any representative of the travel coordinator regarding any optional extras. You release Flip Flops & MountainTops, Travel Services from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of optional extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with optional extras is the sole responsibility of the third party providing that service or activity.
Flip Flops & MountainTops, Travel Services and its travel coordinators, third party suppliers, and/or representatives, shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Flip Flops & MountainTops, Travel Services for any such loss, damage, injury, or death.
In the event that any loss, death, injury, or illness is caused by the negligent acts or omissions of the travel coordinator or of the Third Party Suppliers of any services which form part of the booking contract then Flip Flops & MountainTops, Travel Services limits its liability, where applicable by all applicable international conventions.
20. Force Majeure
Flip Flops & MountainTops, Travel Services will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the travel coordinator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Flip Flops & MountainTops, Travel Services; or an event which the travel coordinator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
21. Images & Marketing
You agree that, while participating in any tour, images, photos or videos may be taken by other participants, Flip Flops & MountainTops, Travel Services or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
Flip Flops & MountainTops, travel Services reserves the right to update or alter these Terms at any time.
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