FLIP FLOPS & MOUNTAINTOPS TRAVEL SERVICES & ISLAND TOURS
BOOKING TERMS & CONDITIONS
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 “Island Tours” 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.
Your booking is confirmed and a contract exists when the Tour Operator 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.
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on 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 the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
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. The Tour Operator 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.
The Tour Operator 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 Tour Operator or any affiliates 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 Tour Operator at the time of booking. The Tour Operator may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
Any special requirements should be disclosed to the Tour Operator at the time of booking. The Tour Operator 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 Tour Operator at the time of booking but the Tour Operator 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 Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
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 Tour Operator, the minimum age for minors traveling on any group 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. The Tour Operator 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. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
YOU MUST HAVE TRAVEL INSURANCE THAT WILL COVER MEDICAL, EVACUATION AND REPATRIATION COVERAGE covering all applicable dates of travel with the Tour Operator. 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 Tour Operator 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 cancelling your Tour or rescheduling for the price of your original tour.
At the time of booking, a non-refundable deposit in the amount of $250.00 USD per person per tour is due to the Tour Operator. Final payment is due 60 days prior to departure. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking.
Tour prices do not include international airfare or other airfare.
The confirmation sent by the Tour Operator will contain details of final payment required for any booking. Payment of the balance is due 60 days before the departure date of the tour date. If full payment is not received by the applicable due date, the Tour Operator will treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the Tour then the full amount must be paid at the time of booking.
The Tour Operator 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 Tour Operator.
You may cancel your booking by notifying the Tour Operator by phone AND in writing. Cancellation fees will be determined based on the date on which notice of cancellation is received by the tour operator. The cancellation fees are expressed as a percentage of the total price paid for the cancelled Tour.
Cancellation of a Tour:
(a) Cancellation received prior to 60 days of the scheduled start date of the tour will be eligible for a complete refund minus the deposit.
(b) Cancellation received 59 days- 30 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 29 days or less prior to the scheduled start date of the tour will be ineligible for any refund.
(C-1) Cancellation received 29 days or less prior to the scheduled start date of the tour will be eligible for a transfer to a future dated tour.
A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least two bookings secured by valid deposits have been made on that departure.
The Tour Operator 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 group Tour is cancelled by the Tour Operator 60 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 have the choice of accepting:
- a full refund of cancelled Tour.
- a Customized Tour option at the equal value or lesser value of the tour itinerary that was originally booked.
The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled 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 Tour Operator 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 in its discretion.
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 tour operator 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 the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. 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 Tour Operator (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 Tour Operator, 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 Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator 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 Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operators approval. Any changes to a booking depend on availability and are subject to the Tour Operators 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 departure of the first tour on the applicable booking.
You acknowledge that adventure travel and the tours offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator 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. The Tour Operator 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 depends 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 Tour Operator 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, product or service 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 Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any Tour immediately at your expense and without any liability on the part of the Tour Operator. You will not be entitled to any refund for unused or missed services or costs incurred as a result of 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 the Tour Operator or the Tour Operators 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 the Tour Operator 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 Tour Operator 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 Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your Tour Coordinator, another representative of your Tour Operator or the Tour Operator directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided.
The Tour Operator 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 the Tour Operator takes all reasonable care in selecting Third Party Suppliers the Tour Operator 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 Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator 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 Tour Operator.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
“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 Tour Operator in arranging, selecting, or booking, any optional extras is purely at your request and the Tour Operator 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 the Tour Operator 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.
The Tour Operator and its affiliates, 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 the Tour Operator 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 Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
The Tour Operator 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 Tour Operator 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 the Tour Operator; or an event which the Tour Operator 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”.
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator 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.
The Tour Operator reserves the right to update or alter these Terms at any time.
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