Terms & Conditions
PLEASE READ CAREFULLY
1. The purchase/payment of any travel services offered by The Day We Travel, LLC (hereinafter “TDWT”), constitutes a contractual arrangement between the Traveler (“you”) and TDWT, and represents your acceptance of the TDWT Terms & Conditions. You must be at least 18 years of age to make a booking. As the lead traveler, you accept, and confirm you have authority and consent to accept, these TDWT Terms & Conditions for yourself and all members of your traveling party.
2. Terms & Conditions are accurate at time of printing and are subject to change prior to booking. You are advised to check on the website or request the latest version of the Terms & Conditions from TDWT prior to booking your vacation.
HOW TO MAKE YOUR RESERVATION
3. To make your reservation, or for more information, visit our website at www.thedaywetravel.com
VACATION AGREEMENT
4. Payment on any tour indicates you and all members of your travelling party have read and accepted these Terms & Conditions. Your booking is not confirmed until your payment is processed by TDWT and you receive a confirmation invoice.
TOUR DEPOSIT
5. A $200 per-person, per-vacation deposit is required to reserve space for you. The deposit is fully refundable if you cancel within 72 hours of booking the tour. All cancellations will only be accepted in writing. Email your cancellation to thedaywetravel25@gmail.com including your full name, date of travel, and reason for cancellation. After 72 hours, the deposit becomes non-refundable and standard cancellation fees apply. See below for cancellation fee schedule.
TOUR FINAL PAYMENT
6. Final payment for your tour is due 60 days prior to commencement of services. Within the final payment date, payment in full is required at time of booking to reserve space. Reservations are canceled if final payment is not received by the due date; cancellation penalties apply, as noted below.
INVOICING
7. You are responsible for verifying everything on your invoice is accurate and complete, including dates of travel, options selected, and that each traveler name matches the relevant passport or government issued ID used for travel. TDWT cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the invoice. Changes are subject to the fees and penalties as noted on the invoice. In the case of billing errors, TDWT reserves the right to re-invoice you with correct pricing.
FORM OF PAYMENT
8. TDWT accepts checks, Visa, MasterCard, Discover, and American Express. Payment can also be made via Venmo and Paypal.
BOOKING CANCELLATIONS & CANCELLATION FEES
9. If a booking cancellation is received by TDWT prior to the final payment date of your vacation, your tour deposit will be retained.
10. For individual reservations, the following per-person cancellation fees apply for cancellations within final payment date.
STANDARD CANCELLATION FEES
• 91+ Days Prior to Tour Departure: All monies refunded minus initial $200.00 or $250.00 deposit (depending on tour)
• 90-61 Days Prior: 75% of tour cost refunded
• 60-46 Days Prior: 60% of tour cost refunded
• 45-31 Days Prior: 35% of tour cost refunded
• 30-8 Days Prior: 15% of tour cost refunded
• 7 Days Prior or less: 0% of tour cost refunded
YOUNG TRAVELER RESTRICTIONS & DISCOUNTS
11. Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the tour and are requested to share an adult’s accommodation.
12. On tours with an overnight stay in Las Vegas, at least one member of the traveling party must be 21 years of age or older.
13. The following young traveler discounts apply to TDWT tours. The below discounts apply when sharing accommodations with two adults. To receive the young traveler’s discount, the age of the traveler must qualify at commencement of services. On TDWT tours, young travelers ages 8-17 receive a 10% discount on the base land tour price. AIR ARRANGEMENTS
14. Airfare may be purchased with the assistance of TDWT for travel originating from the United States. There is a 10% service fee on top of the total price of the tour that will be invoiced to you separately.
15. All carriers are independent operators and are not owned, managed, or operated by TDWT. Your airline ticket is a contract between you and the air carrier only, even if you purchase through TDWT. By purchasing your air services through TDWT, you waive all liability for TDWT for such air services.
16. TDWT is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through TDWT, we will try to assist in making new arrangements, provided you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.
17. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by TDWT for portions of trips missed due to canceled, rescheduled, or delayed flights after airport check-in, nor is TDWT responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
18. For air purchased through TDWT, if any air schedule requires an overnight stay in a gateway city, TDWT can assist you with hotel reservations; however, the cost of the overnight stay (including, but not limited to, hotel and meals) is your expense. Air routings are subject to availability.
19. Routings are not guaranteed and are subject to change at any time.
20. If you make your own flight arrangements, TDWT will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.
AUTHORITY TO REMOVE OR REFUSE PASSENGERS
21. In the sole discretion of TDWT, TDWT may refuse transport to any passenger or may require any passenger to leave the tour if it is reasonably believed that the passenger (1) is dangerous to others or to himself or herself; (2) has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other passengers or TDWT representatives, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or (3) has failed or refused, or is failing or refusing, to follow TDWT’s rules and procedures or the instructions of TDWT or its representatives. In the event a passenger is removed, such passenger may be left at any city without any liability to TDWT or its representatives. TDWT shall not be required to refund any portion of the price paid by any passenger who is removed under the terms of this paragraph, nor shall TDWT be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the passenger. TDWT shall be entitled to recover from the passenger any costs or expenses incurred by TWDT or its representatives in the removal of the passenger or the exercise or enforcement of this clause.
BAGGAGE ALLOWANCE & LIABILITY
22. Porterage at hotels for one suitcase per person is included in the vacation price (where available). Airport/train station porterage is not included, unless otherwise specified in your travel documents. Be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Regulations within most airports require travelers to handle their own luggage through Immigration & Customs.
23. Your single bag should have dimensions not exceeding 30"x21"x11" and weight not exceeding 50 lbs (22 kg). We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any TDWT tour. Some tours have more restrictive regulations than those listed above. A small carry-on bag is acceptable.
24. Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination.
25. If booking airfare through TDWT, up-to-date information on carrier-specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information about additional discounts that may apply depending on flyer-specific factors (e.g., frequent flyer status, military, credit card used for purchase, or early purchase over the Internet, etc.), can be found on the carrier’s website or by accessing iflybags.com. TDWT is not responsible for additional fees imposed by air carriers for baggage, and these fees are not included in the air-inclusive vacation price. You will be required to pay these fees directly to the airline at check-in.
26. No responsibility is accepted by TDWT for loss of or damage to baggage or any of the traveler’s belongings throughout the duration of the tour. Travelers are strongly encouraged to not bring valuables such as jewelry and large amounts of cash. Any such valuables should not be left in baggage out of the control of the traveler. Baggage insurance is recommended.
DATA PROTECTION
27. Some government agencies in foreign countries require TDWT to collect and pass on in advance of travel certain personal and other details related to you, including, but not limited to, government-issued identification and passport details. If you fail to supply the details fully and accurately, as requested, your trip may be interrupted or canceled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
28. We will use your personal data secured during your booking or during online check-in to process your booking with our suppliers. These details include your full name, address, date of birth, passport number / government issued ID information, and expiration date, occupation, credit/debit card information and any disability, medical conditions, or dietary restrictions disclosed to TDWT for you and all in your traveling party.
29. It may be necessary to transfer these details to other countries or authorities whose data protection and privacy laws are less stringent than those of the United States of America. This may include requirements to pass details to our suppliers as well as certain governments or government-appointed bodies, or agencies in the interest of security or because we are obliged to by law. By making a booking with TDWT, you agree to TDWT storing, using, and passing on this data to other third parties for reasons as stated above and hold TDWT not liable for the usage and protection of that data.
EMERGENCY CONTACT DETAILS
30. All passengers must provide emergency contact details and passport/government issued ID information (when required) prior to travel. This includes a “Local” contact so that TDWT can get in touch with friends or family in the rare case of an emergency as well as an “On Tour” contact, i.e. mobile phone number or email address, for use by the Tour Director.
ENGLISH
31. All Tour Directors and Local Guides speak English, and all tour commentary and instruction are conducted in English only. For maximum enjoyment and understanding, you must be able to read, understand, and speak English.
FORCE MAJEURE
32. TDWT assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by TDWT that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, TDWT shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
HOTEL REWARD PROGRAMS
33. Hotel rewards/points cannot be earned or redeemed with hotels used by TDWT.
GRATUITIES
34. Gratuities are included for services during the land stay of your tour, unless otherwise noted above. This includes wait staff at included meals, and porterage at hotels for one suitcase per person. Gratuities for your Tour Director, or Local Guides, and driver are not included in the tour price (unless otherwise noted in pricing details) and are discretionary.
HOLIDAYS & SPECIAL EVENTS
35. During local or national holidays or special events, peak seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. TDWT cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason.
HOTELS, ACCOMMODATIONS & TRANSPORTATION
36. The hotels listed on the website or in the flyer are intended to be used on all departures; however, hotels are not guaranteed. TDWT reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality to those shown. No refunds are provided for hotel changes; full cancellation penalties, as noted above, apply.
37. TDWT contracts double-bedded (2 bed) rooms. King (1 king bed) rooms may be requested but are never guaranteed. Triple rooms are the same size as double-bedded rooms and are at the discretion of the hotel. Triple rooms will have beds to accommodate three people, but three separate beds cannot be guaranteed. The additional bed, if available, is often a roll-away bed put in for the night, or a convertible sofa bed. If there are only two beds, a roll-away may be requested but cannot be guaranteed. If available, additional charges may apply for a roll-away and are payable by you directly to the hotel. Some hotels do not offer triple rooms. When a triple room is not available, hotels may provide one double-bedded room and one single room.
38. Single supplements ensure your own room, not necessarily a King or double-bedded room. Single rooms in hotels are generally smaller in size and may be less conveniently located.
39. Accommodations outside the United States of America may not accommodate wheelchairs or be wheelchair accessible. The Americans with Disabilities Act is not applicable outside the United States of America.
40. Room and bed preferences are not guaranteed and are subject to availability at the discretion of the hotel.
41. Check-in times vary worldwide; TDWT cannot control or guarantee check-in times.
42. Air-conditioning in hotels is not guaranteed and dependent upon local and national laws and regulations. Though hotels may have air-conditioning as a listed amenity, the usage of air-conditioning is often not available at night or in the off-seasons (October–May). Other restrictions may apply. TDWT has no control over air-conditioning restrictions and regulations.
MEDICAL & HEALTH
43. TDWT does not employ medical personnel. Any medical attention you require while traveling with TDWT must be sought through a local medical facility, if/when available, for diagnosis. All related charges are at your expense. TDWT cannot guarantee the availability of medical facilities or for the quality of the care or services.
44. TDWT reserves the right to remove or quarantine any passenger who shows signs of illness, or who poses a threat to the safety and health of other passengers. Removal or quarantine of passengers for any health, safety, or behavior-related assessment is at the sole discretion of TDWT. Any costs incurred for medical assessments, diagnosis and/or any other medically-related charges are your responsibility to pay and are due at time of services. Passengers will be allowed to rejoin TDWT with confirmed medical certification from a licensed health practitioner indicating fit to travel without causing harm or posing a safety threat to other passengers.
MOTORCOACHES
45. On occasion, TDWT may follow a daily seat rotation on motorcoaches. This practice will vary from tour to tour and will be announced at the start of the tour. Should the daily seat rotation be implemented, for the enjoyment of all passengers, you must adhere to the rules of the Tour Director regarding seat rotation.
46. Alcohol consumption is not allowed on board TDWT transportation.
47. Many local laws require the use of seat belts while traveling. When seat belts are provided, you are responsible for wearing your seat belt. TDWT is not liable, nor are our service providers, for any injury, loss, damages, claims, or death resulting from any accident or incident if you were not wearing your seatbelt at the time of the accident or incident when the motorcoach is equipped with them.
NOT INCLUDED IN THE TOUR PRICE
48. The following charges are not included in the tour price, unless otherwise noted: airfare to and from the start of your vacation; intra-vacation air, unless specified in the itinerary; airline baggage fees, including checked and/or excess baggage fees; Federal inspection fees for U.S. Immigrations & Customs; International Air Transportation tax; agricultural tax; other per-person taxes imposed by government entities; airport taxes and fees, including the September 11th Security fee up to $11.20 per person, passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $4.10 per segment, and U.S. and international arrival and departure and other government-imposed fees added by the airline and applicable at time of booking; port taxes; passports; visas; vaccinations; tips to your Tour Director, driver, and/or Local Guides; gratuities on ferries, trains, and cruise ships; gratuities to hospitality staff in hotels; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted TDWT menu as presented at a hotel or restaurant or on board your vessel (these extra items will be billed to you before leaving the hotel, ship, or restaurant); airport transfers on non-qualifying flights; optional excursions; porterage at airports and train stations; Travel Protection; and all other items of a personal nature.
OPTIONAL EXCURSIONS
49. Optional excursions (“the Services”) available for booking are provided by local operators or other third parties that are entirely independent of TDWT and do not form any part of the product or services sold to you by TDWT or of these Terms & Conditions, even where TDWT suggests particular operators/other third parties and/or assists you in booking such optional shore excursions. Your contract for such Services will be with the organizer or operator of that Service, and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. TDWT has no liability for any such optional excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional excursion.
50. Any advice or assistance on or with any Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by TDWT, or that any such advice or assistance is given on behalf of TDWT. Tour participants are asked to check with the operator of any optional excursion and the applicable Terms & Conditions before booking.
PHOTOGRAPHS & PICTURES
51. Photographs or pictures appearing in the tour flyer should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary.
PRICE POLICY
52. All tour prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare, except where noted on specific itineraries. Tour prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions are listed where applicable. Not all accommodation types are available on all vacations.
53. Prices are subject to change without notice.
REFUNDS
54. Any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveler.
SAFETY
55. Be aware that during your participation on tours operated by TDWT, certain risks and dangers may arise beyond our control, including, but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. TDWT will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While TDWT will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a tour and/or optional excursions you agree that you will hold TDWT harmless regarding any provision of medical care or the adequacy of any care rendered. TDWT is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold TDWT harmless for such.
56. No weapons of any type are permitted on TDWT tours at any time. This includes, but is not limited to, firearms, knives, mace, brass knuckles, and other weapons of any type.
SMOKING & ILLEGAL DRUGS
57. Smoking is not allowed on transportation that is exclusively provided by TDWT. Smoking includes cigarettes, e-cigarettes, cigars, e-cigars, or any other smoking device.
58. Many hotels, restaurants, and other venues are smoke-free or have non-smoking regulations in public spaces. Smoking may be restricted to certain areas or not allowed. You are responsible to abide by all third-party smoking policies.
59. Hotels may impose a 100% non-smoking policy. If you require a smoking room, a request may be submitted, but we cannot guarantee availability. If you smoke in your room at a non-smoking property, you may be subject to fines as outlined in the hotel policy, and will need to pay the fines to the hotel directly.
60. Any carriage or possession of illegal drugs will result in immediate termination of the TDWT tour. You are responsible for knowing and observing the licensing laws for drug possession for all countries and states you are visiting. Repatriation is at your expense.
TOUR CANCELLATIONS
61. TDWT reserves the right to cancel or reschedule any tour departure for any reason, including insufficient demand or force majeure (see Force Majeure section above). If a tour is canceled prior to departure, TDWT’ only responsibility will be to refund the amount received for the reservation. TDWT will try to rebook the same tour with a different departure date, or a similar tour, but there is no guarantee of availability of offering. TDWT cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through TDWT.
TRANSFERS
62. Unless otherwise specified on your invoice, transfers arranged by TDWT are provided by independent transportation companies and are group transfers operated by motorcoach and may have pre-set departures times. TDWT is not responsible for flight delays, delays in immigration or customs, delays due to lost baggage, or for any reason beyond our control if you miss your transfer. Missed transfers are non-refundable.
TRAVEL DOCUMENTS
63. Passenger Travel Documents, including e-ticket itineraries, are available approximately one month prior to departure, provided full invoice payment, emergency contact details and passport/government issued ID information (when required) has been received.
TRAVELING WITH CHILDREN
64. If you are traveling with children, you are solely responsible for their behavior and monitoring them throughout the tour.
65. Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
TRAVELERS WHO NEED SPECIAL ASSISTANCE ON TOUR
66. You must report to TDWT any disability requiring special attention while on tour at the time the reservation is made. TDWT will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. TDWT does not provide personal services (such as pushing a wheelchair, assisting with walking, etc.) and TDWT does not provide individual assistance to a tour participant for walking, dining, getting on and off coaches, and other vehicles, or other personal needs. A qualified and physically-able companion should accompany travelers who need such assistance.
67. If we are not notified at time of reservation of any disability requiring special attention, TDWT reserves the right to cancel your booking or terminate your tour if your special needs or disabilities are not suitable for the trip, pose a threat to the health and safety of other participants or TDWT staff, are incompatible with other travelers, or if you are not traveling with a companion who provides all the assistance you require. TDWT will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the trip. Cancellation penalties, as above, apply.
68. Not all sightseeing stops/sites accommodate wheelchairs, and some locations and sightseeing activities require extensive standing, sitting, or walking—sometimes on unpaved or cobblestone streets. TDWT will not refund or cover any cost or expense incurred for any missed activities due to a participant’s inability to fully participate with the group. The Americans with Disabilities Act is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring motorcoaches, are not equipped with wheelchair ramps.
69. Motorized scooters and motorized wheelchairs are not suitable for international travel and are not permitted on TDWT tours. Other than on domestic (USA) vacations, arrangements cannot be made to carry or use these on tour, and if you bring one, you will be asked to make alternate arrangements for transporting the scooter to your end destination at your expense. With prior permission and waivers, we will attempt to accommodate motorized scooters on domestic (USA) vacations, depending on the suitability of the itinerary.
70. Dietary requests and preferences must be provided to TDWT at the time of booking. Generally, special dietary or meal requests cannot be processed and are subject to availability at the hotel or venue. There is no guarantee of availability, however, and there may be an additional charge associated with such request, which is payable by you at time of service.
TSA AIRLINE INFORMATION
71. Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of Watch List matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, TDWT will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes full name, date of birth, gender, and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price, as information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
VISAS & PASSPORTS
72. It is your responsibility to verify all visa and passport, and traveling ID requirements necessary for your trip. You are responsible for obtaining independently and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. TDWT cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements. All visa information listed on the website, in documents, or in the brochure is for U.S. citizens only. Non-U.S. citizens must consult with appropriate consulates to determine if any visas or other documents are needed.
73. You must have a passport to travel internationally. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling. Multiple-entry visas are required for some vacations. The process of obtaining a visa and/or passport can take up to three months or more.
RESPONSIBILITY
74. Air carriers, accommodations, and other suppliers (including, but not limited to, trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint venturers of TDWT or its affiliates. From time-to-time, and for the purpose of identifying those independent third-party suppliers of services as the provider of a component or part of a TDWT package or tour, some or all of those entities may utilize the name “TDWT” on promotional media, signage, or attire. Although you may see the name “TDWT” on vehicles, signs, apparel, or elsewhere during your cruise, tour, or excursion, its use by third-party suppliers is solely for the purpose of identification and does not represent or signify in any way ownership, management, supervision, or control by TDWT of services that are provided by independent third party suppliers or of the employees, servants, or agents of the third-party suppliers. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.
75. The tour participant agrees that neither TDWT nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection plan, or any other person.
76. Any dispute between the tour participant and TDWT, directly or indirectly relating to the Terms & Conditions and/or the tour undertaken, shall be first submitted to mediation in Los Angeles, California, before a mediator mutually agreed to by the parties. If mediation is not successful, then the dispute shall be resolved by binding arbitration under California law.
77. Arbitration against TDWT or the tour participant shall be invoked in writing under the laws of the State of California within a period of 12 months following the date of completion of the tour and not later. Neither of the parties nor any affiliate of TDWT shall in any case be liable for other than compensatory damages, and they hereby waive any right to claim punitive damages. The Governing and substantive law for the Arbitration proceedings would be laws of the State of California USA. The prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees.
78. Any action to enforce the arbitrator’s decision shall be brought only and exclusively in the state or federal courts in the State of California, USA.
