Booking Terms, Conditions & Waiver
Read this agreement thoroughly and carefully before booking a trip; it contains important terms and conditions regarding the trip you are purchasing including, but not limited to, our rights to cancel or alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers.
The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the trip “Participant” and LA VIA GAIA, LLC (“LA VIA GAIA”) with respect to any and all bookings, tours, or transactions made with LA VIA GAIA.
By making a booking, you accept all of the terms in this agreement including the waiver of liability and direct us to perform services on your behalf.
PAYMENT AND ACCEPTANCE OF BOOKINGS
The entire trip cost must be paid at the time of booking. Payments must be in U.S. dollars and may be made by Check, PayPal or by Visa, MasterCard, Discover, or American Express credit cards. Full payment is required to make a reservation. Payments will be listed as LA VIA GAIA or LA VIA GAIA LLC on the credit or debit card statement.
If you pay by check, make it payable to LA VIA GAIA, LLC and mail it to 1819 Kater Street Philadelphia, PA 19146.
A booking is not final or confirmed until you receive a confirmation from us by email. Early bookings are recommended because our group size is limited.
We reserve the right to decline any booking for any reason permitted by law, including those described in other sections in this agreement.
PRICING, INCLUSIONS & EXCLUSIONS
The tour price is in U.S. dollars, based on double occupancy and includes the services specified in the itineraries, including meals, accommodations, admission fees, and guided activities as stated. Local taxes, gratuities and all ground transportation within itinerary at pre-arranged times are also included.
Prices do not include any item not specifically listed above or in the itinerary, including but not limited to, air and other transportation to and from trip start and termination points; all expenses during leisure time (hotel room mini-bar, laundry service, non-group drinks); travel insurance or travel protection (i.e., medical insurance, emergency evacuation and similar services); airport arrival/departure fees or country taxes; personal expenses; private transportation; and all items of a personal nature.
A single supplement is paid by participants who request single accommodations, which are subject to availability and paid separately.
Trip prices are subject to change without notice.
CANCELLATIONS BY YOU AND REFUNDS
To cancel your booking, you must email us your complete booking details at firstname.lastname@example.org or call us at +1 (267) 528-6508. Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification:
Days before departure date /Cancellation fee per participant
120+ days / $500
61-119 days / 50% of trip price*
0-60 days / 100% of the trip price*
*Trip price is the listed trip price including single supplements, pre- and/or post-arrival accommodations. Departure date is the date the trip begins regardless of the date that you may depart from your location of origin.
We will refund the applicable balance to you using the original payment method for your booking.
No refunds will be provided for any reason for the unused portion of a trip once the trip begins, including if you leave a trip for any reason. The trip price is a package cost and refunds and credits are not available for services not used. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this and other reasons, we encourage you to purchase trip cancellation and interruption insurance and travel protection (i.e., travel medical insurance and emergency evacuation services).
LA VIA GAIA is not responsible for expenses incurred by participants in preparing for a trip (i.e. non refundable advance purchase air tickets, private transportation, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified, or canceled by us or by you for any reason. Because the tour may be canceled when a minimum number of participants have not signed up, we recommend that you either purchase refundable air tickets or purchase trip cancellation insurance.
CHANGES BY YOU
Due to the requirements that our tours have a minimum number of travelers, we do not allow changes in departure dates after we confirm your reservation. In addition, our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. However, if you have any issues with your tour dates, please contact us at email@example.com or at +1 (267) 528-6508 and, only when possible, we will work to assist you if appropriate, and subject to our sole discretion.
CANCELLATIONS OR CHANGES BY US AND FLEXIBILITY
LA VIA GAIA reserves the right to refuse, block or cancel a booking at any time, for any reason, at its sole discretion.
When your booking is canceled, then you agree that a full refund of trip payments made to us will constitute full settlement of any claims you may have against LA VIA GAIA or our suppliers, partners, or travel intermediaries.
LA VIA GAIA reserves the right to cancel, alter, or modify a trip prior to departure for any reason, including insufficient Participant reservations. LA VIA GAIA and its suppliers reserve the right to substitute hotels, restaurants, routes or other services listed in the itinerary with comparable services if necessary.
When a tour is canceled for foreseeable reasons, then you agree that a full refund of trip payments made to us will constitute full settlement of any claims you may have against LA VIA GAIA or our suppliers.
In the rare event that LA VIA GAIA is forced to cancel or reschedule a trip for any unforeseen circumstance beyond the reasonable control of LA VIA GAIA, such as, but not limited to, acts of nature, war, labor strikes, earthquake, flooding, pandemics, quarantines, international travel restrictions, national emergencies, etc., LA VIA GAIA will reschedule your trip departure, and your booking will automatically transfer to the rescheduled date. If you are unable to travel on the rescheduled date, you may keep 100% of your booking value as a credit, to be used on any LA VIA GAIA trip in 2021 or 2022. Otherwise, if you elect to cancel your booking, the following cancelation terms apply, based on your trip’s original travel date:
120 days or more from departure date: Receive a full refund, minus a $500 per-person service fee
61 to 119 days: Receive a 50% refund
60 days or less: There is a 100% cancelation fee
When you cancel a booking for any reason, including electing not to travel on your trip’s reschedule travel date, there is a $500 per-person service fee. This is to offset unrecoverable costs to LA VIA GAIA including credit card fees, non-recoverable deposits, non-refundable permits and booking fees, local taxes and administration costs.
LA VIA GAIA commits non-refundable, non-recoverable trip payments well in advance of scheduled departure dates. We will use reasonable efforts to recover and refund booking balances to guests when possible. However, LA VIA GAIA does not guarantee recovery of any or all of the advance payments made, and the use of reasonable efforts to recover these payments will not include the institution of legal proceedings in foreign jurisdictions. For this and other reasons, we encourage you to purchase trip cancelation and interruption insurance.
CREDIT CARD AUTHORIZATION FOR POST-BOOKING CHARGES
You authorize LA VIA GAIA to charge your credit card for any cancellation fees or supplemental payments that you incur post-booking.
LA VIA GAIA acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your trip (“Supplier” or “Suppliers”). You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by LA VIA GAIA, and are not agents or employees of LA VIA GAIA. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country.
LA VIA GAIA will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of LA VIA GAIA, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
The trip price does not include travel insurance. We strongly recommend that you purchase comprehensive travel protection, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You also agree to assume all costs of medical care, evacuation, transportation, and related costs.
By making a booking, you certify your agreement to the following Traveler Code:
- I have chosen a trip that suits my abilities, level of fitness, and state of health.
- I do not have any physical conditions or disabilities relevant to this tour that could be a hazard to me or other travelers.
- I have a valid passport and all visas, permits, certificates, and vaccinations required for travel.
- I will make sure to communicate any special requests at least 30 days prior to travel. This includes dietary restrictions, medical requirements, and room preferences. I also understand that La Via Gaia will make a reasonable effort to accommodate special requests but cannot guarantee they will be possible.
- I will respect the laws and customs of the countries visited.
- I will respect the rights and privacy of other trip members.
- I understand that La Via Gaia reserves the right to refuse service during a tour to anyone whose health or behavior could impede the welfare or enjoyment of fellow guests. An individual may be asked to leave a trip if the trip guide/host/leader feels that the person’s continuing participation may prove detrimental to the individual or the group.
You agree to defend and indemnify La Via Gaia and all of its respective owners, members, officers, directors, employees, agents, and successors and assigns from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
- Your breach of this Agreement or the documents referenced herein;
- Your violation of any law, rule, regulation or guideline;
- Your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
- Your use of this Website;
- Your booking or use of any Products obtained through this Website; or
- Your negligence or willful misconduct.
PASSPORTS AND VISAS
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return.
HEALTH REQUIREMENTS AND MEDICAL CARE
By making a booking, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in the Additional Information section when making a booking. We reserve the right in our sole discretion to accept o decline the booking.
If you have a complaint during your trip, you must promptly notify LA VIA GAIA or your trip host of the problem so that we can attempt to remedy the situation and allow you to enjoy the remainder of your trip. While we strive to provide you with a comfortable and enjoyable trip, your notice to LA VIA GAIA or its suppliers of a complaint does not mean that we will accept liability or responsibility, and we will evaluate each complaint as it arises. At the same time, failure to raise a concern or complaint while you are on the trip will extinguish or reduce any ability to claim recourse from LA VIA GAIA or its suppliers. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential remedy. If you are not satisfied after using this notice procedure, you must submit your complaint in writing to LA VIA GAIA within fourteen (14) days of the trip’s end date. However, LA VIA GAIA and its suppliers will not accept any liability for claims received after the fourteen-day period.
You agree that LA VIA GAIA may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides, staff, contractors and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
LIMITATION OF REMEDIES
YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT BY LA VIA GAIA LLC ARISING UNDER THIS AGREEMENT SHALL BE THE RETURN OF THE PAID TOUR COST. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LA VIA GAIA SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LA VIA GAIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.
SEVERABILITY AND HEADINGS
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision. Titles and headings of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
UPDATING OF TERMS AND CONDITIONS
LA VIA GAIA reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions.
APPLICABLE LAW AND CHOICE OF FORUM
Any dispute arising out of this agreement, including all tort claims and any dispute relating to bookings, tours, or transactions made with LA VIA GAIA– whether such dispute arises in contract or in tort or otherwise – shall be resolved exclusively by the state and federal courts located in Philadelphia, Pennsylvania, and you agree to personal jurisdiction of those same courts. The laws of the State of Pennsylvania, USA, govern this agreement.
This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION
All travelers are required to accept LA VIA GAIA’s Liability Waiver, which is a legally binding agreement. Please read this carefully as by agreeing to the Terms and Conditions at the time of booking, you accept and acknowledge LA VIA GAIA’s Liability Waiver below.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I am voluntarily participating in the Tour, which will involve a variety of activities depending on my itinerary and the activities in which I elect to participate. I understand that this list is not exhaustive of all Activities that may be made available to me and that I may decide to participate in. I expressly agree to be responsible for my own welfare and fully assume all of the risks, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of a Minor, I have discussed the travel risks with the Minor, and he or she wishes to participate in the Tour nevertheless.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Tour, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, I, an adult traveler, or a parent or legal guardian of the Minor, for myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE La Via Gaia, its owners, officers, employees, directors, representatives, volunteers, guides, local operators and suppliers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I or the Minor now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by LA VIA GAIA whether arising from the Released Parties’ negligence or otherwise.
In addition, I agree to fully indemnify (that protects and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my or the Minor’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Minor (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risks associated with the Tour and to release the Released Parties from any and all liability to the maximum extent permitted by law.
For answers to your questions, email us at firstname.lastname@example.org, call us at +1 (267) 528-6508, or you can write to us at:
LA VIA GAIA, LLC
1819 Kater Street
Philadelphia, PA 19146