Esprit Travel Terms & Conditions Sample

The following Tour Terms & Conditions (“Terms & Conditions” or “Agreement”) govern the reservation, purchase, and use of all Travel Services (as defined below) offered for sale by Esprit Travel Corporation, DBA ESPRIT TRAVEL & TOURS (“ESPRIT TRAVEL & TOURS,” “we,” or “us”). ESPRIT TRAVEL & TOURS is a U.S.-based company that operates under U.S. law. Please read these Tour Terms & Conditions carefully, ask us any questions you have about them, and/or consult an attorney if desired before you agree to be bound by them. Traveler acknowledges that they have read these Tour Terms & Conditions before making a booking and have accepted the same by signing below. Without this acceptance, the processing of a booking for a Traveler is not possible. Information about our tours and services can be found on our website is located at http://www.esprittravel.com/ (“Site”).

When you reserve a tour with us, you agree to sign our Release, Limitation of Liability, Assumption of Risk & Binding Arbitration (“Release”). If you fail to sign our Release, your 1) signing these Terms & Conditions, or 2) participating in the Tour, constitutes your agreement to the terms and conditions in the Release. Moreover, if you fail to sign the Release, we can in our sole discretion deem your Tour cancelled by you and subject to our cancellation fees.

As used in this Agreement, “Travel Service(s)” or simply “Service(s)” encompass all tour packages of any kind; tour guide services; accommodations, including hotel rooms, resorts, or other lodgings; various activities offered during a tour; ground transportation, including private drivers, coaches, shuttles, vans, and train journeys; airport transfers; internal flights; the tour itself, and any other travel or travel related products offered, sold, organized or arranged by ESPRIT TRAVEL & TOURS and described in your Tour Itinerary. The term “Tour” means any package of Travel Services, offered or sold by ESPRIT TRAVEL & TOURS. “Traveler” and “Passengers,” which are used interchangeably in this agreement, shall apply to each and any of the following: a party participating in a Tour and/or the party who purchases (or attempts to purchase) a Tour for themselves and/or others, including their Parent (or Legal Guardian) who accepts these Terms and Conditions on their behalf if the party participating in the Tour is not of legal age or cannot otherwise enter into a binding legal contract on their own behalf. Travel Service Supplier (“Supplier(s)”) are any third-party providers of Travel Services.

ESPRIT TRAVEL & TOURS offers the following tour types:

“Escorted Group Tour” – these are packaged tours with set itineraries that are offered to the public on our website.

“Independent Custom Tour” – these are tours that we customize and organize for individual travel parties; depending on size of the travel party, this tour may be non-escorted or escorted.

“Private Group Tour” – these are tours that we customize and organize for sponsored groups (e.g., museum tours, tours sponsored by organizations and institutions), large group tours including family/patriarch/matriarch tours, and other large groups. These tours are escorted.

1.    Eligibility. No unaccompanied minors (those under 18 years of age) will be accepted. The Lead Passenger (the Traveler who submits a Tour reservation for others) must be over the age of 18 to purchase an ESPRIT TRAVEL & TOURS Tour and agree to these Terms & Conditions. If travelling with a minor, the minor’s parent or guardian accompanying them must accept full responsibility for the minor at all time during their Tour.

2.    Responsibility. ESPRIT TRAVEL & TOURS uses the service of agents, affiliates and/or third-party suppliers for various services provided for or associated with your Tour, including but not limited to lodging, meals, transportation, sightseeing, and activities connected to your Tour (“Supplier” or Suppliers”). While we use our best efforts to select the Suppliers for these components of your Tour, you acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed or controlled by us, and are not our agents or employees. A Supplier’s services are subject to the Supplier’s own terms and conditions, and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay cancellation, overbooking, or strike. You acknowledge and agree that ESPRIT TRAVEL & TOUR is not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity.

Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.

3. Supplier Specific Terms. All bookings of Tours are also subject to the Terms and Conditions of the Supplier of the Travel Services incorporated in your reservation. By placing a reservation with ESPRIT TRAVEL & TOURS, you agree to abide by all the Terms and Conditions of the applicable Suppliers, and to be bound by the limitations therein. If a Supplier’s Terms and Conditions are ever in conflict with our Tour Terms & Conditions, ESPRIT TRAVEL & TOURS’ Terms and Conditions will control all issues relating to the liabilities and responsibilities of ESPRIT TRAVEL & TOURS.

4. Modification of Our Tour Terms & Conditions. Our Tour Terms & Conditions may be amended or modified by us at any time, without notice.  We may on occasion amend these Tour Terms & Conditions and we reserve the right to update or alter them at any time. Any amendment will take effect seven days after being posted to our website, immediately upon notice to you in writing by email or mail, or upon your continued use of our services or participation on one of our Tours will constitute your acceptance of the changes, whichever occurs first. An up-to-date hard copy of  these Tour Terms & Conditions  will be sent to you upon your written request. You are deemed to have accepted any amendments to these Terms on the date that is seven days after their posting on our website or immediately upon notice to you in writing by email or mail. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up-to-date version available.

 
5. Prices and Pricing Errors.  

1. What is Included in Tour Price

Only items and fees explicitly advertised as included in the price of an Escorted Group Tour will be included as part of that Tour’s advertised price. Inclusions and exclusions for Independent Custom Tours are detailed in the individual itinerary and for Private Group Tours in the group itinerary. Each private Tour is customized and inclusions are outlined in the Tour brochure and group contract or sketch itinerary quote, which are incorporated into this agreement by reference. All Tours are quoted and sold on a package basis. We cannot provide detailed cost breakdowns due to contract provisions with our supplier(s).

2. What is Not Included in Tour Price

Gratuities are subject to passenger discretion, travel insurance, costs associated with obtaining passports and/or visas, airfare not included in final itinerary, excess baggage fees, baggage shipping fees, personal expenses such as telephone calls, mini-bar purchases, room service charges, snacks, laundry and any other incidental expenses, including but not limited to souvenirs and other personal items. ESPRIT TRAVEL & TOURS will not be responsible or liable for deposits, payments and penalties for other services not included in the Tour, such as airline tickets and airline change fees, separate hotel reservations or other items handled or incurred by Passengers not through ESPRIT TRAVEL & TOURS. A single supplement will be applied when a room is occupied by one person or may be incorporated into the final quote for independent Travelers.

3. Pricing Errors

We use commercially reasonable endeavors to publish and maintain accurate prices and information for our Tours. If a Tour is listed with incorrect information due to typographical error or other error in pricing or information received from a Supplier, we retain the right to refuse or cancel any reservation placed for such Tour, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your reservation is canceled because of incorrect Supplier provider information, we will promptly issue a credit to your credit card account in the amount of the charge. We expressly reserve the right to correct any advertised pricing errors on pending bookings. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

No claim by Traveler relating to the price of a Tour will be considered once a reservation has been placed. All prices are quoted in US dollars (US$) unless otherwise specified. Rates for Tours are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to final payment. There are no pricing changes after the final invoice has been presented provided payment is made by the final payment date. If payment is not made by the final payment date, the invoice may be subject to adjustment if the currency exchange rate has fluctuated by more than 2%.

6. Bookings. Bookings with ESPRIT TRAVEL & TOURS may only be made by contacting us directly via email at info@esprittravel.com, or via telephone +800-377-7481.

7. Payments.

i. Initial Deposit

Please note:

a.     The deposit is non-refundable and non-transferable. No exceptions.

b.     A surcharge may be incurred for arrangements requested within 30 days of departure.

ii. Final Payment

a.     Final payment for all tours is due at 90 days prior to departure, upon receipt of a final invoice or immediately, if arrangements are made within 90 days of departure.

b.     Final Payments not received by the due date described in your Tour Itinerary are subject to $75 late payment fee up until 30 days prior to departure, when failure to make a final payment will be treated as a cancellation subject to the cancellation charges described below.

iii. Payment Methods.

Payment can be made by credit card, bank check or bank wire. Wiring information is provided on all invoices.

iv. CREDIT/DEBIT CARD CHARGEBACK POLICY: If you are not happy with our services for any reason, you agree not to file a chargeback with your credit or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing this agreement or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide this agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.

8. Cancellation and Alteration Policies.  

i.  Cancellations by Traveler

At the time we receive written notice from Traveler that you wish to cancel your Tour for any reason (including Coronavirus-related concerns and/or restrictions, as well as travel advisories), the following fees will apply:

Please note:

a.     A no-show Passenger is treated as a cancellation and subject to the 100% cancellation fee described above.

b.     Any amount forfeited, which has not then been paid to Esprit Travel & Tours by you will be recoverable from you by Esprit Travel & Tours as a debt due and payable.

c.     When part of a booking is cancelled, the remaining Travelers will generally need to pay additional charges (e.g. under-occupancy, single room supplements, etc.) for expenses that were previously shared unless Supplier makes a particular exception which is entirely their decision.

d.     There are no refunds once the Tour has commenced.

e.     There are no refunds for unused services, early departures, late arrivals or missed days of your final Itinerary, including but not limited to for any unused services if you are removed from the Tour.

f.      We cannot vary from our stated cancellation and refund policy regardless of your situation. For this reason, we recommend that you buy comprehensive travel insurance, including cancel for any reason coverage, immediately upon booking your land arrangements and/or air tickets, whichever is first.

For California and Illinois Residents only:

Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the California Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

Important: For Independent Group Tours and Private Group Tours: The total tour price includes Esprit’s Tour Planning Fee of $2500. Esprit Tour Planning Fee is incurred upon booking and is non-refundable because of the work involved in planning, booking and management of your Tour itinerary from the moment the Tour is booked. The fee is one that we cannot recuperate or refund, again, because of the time, expenses and materials already invested in the Tour by us.  Also, as a small company with limited capacity, we accept a limited number of projects each season. We forego other projects once we take on yours, so the tour planning fee also reflects our opportunity costs. You, the Traveler, acknowledge and agree that the services represented by our Tour Planning Fee are provided the moment your Tour is booked and are not refundable under this Agreement and any Seller of Travel laws.

 ii. Traveler Alterations to Tour Itinerary

There may be a $100 per change charge after the Confirmed Itinerary Outline is accepted by Traveler. Certain Suppliers may charge additional fees for changes or cancellations. Cancellation, substitution, and/or alteration terms can vary by Supplier. Traveler is responsible for promptly remitting to either ESPRIT TRAVEL & TOURS or the Supplier directly (depending on the situation and/or Supplier’s policies) any additional amounts required to execute the change requested.

If changes to the Itinerary are requested during the Tour, additional change fees and any direct costs incurred will be invoiced upon completion of the Tour and are due immediately upon receipt of invoice.

Traveler must notify ESPRIT TRAVEL & TOURS in writing pursuant to the section below entitled “Notifications” of any changes to, or cancellation of, part or all of your Tour package before we can make any changes or cancellations to the Services.

Changes can be extremely disruptive to a Tour and, in some cases, may not be possible. For this reason, it is within the Supplier’s and our sole discretion whether to accept a change request.

iii. Cancellations and/or Alterations not Attributable to Traveler

a.    Force Majeure, Hazardous Conditions, and other Situations out of our Control

Esprit Travel 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 Esprit Travel’s reasonable control, including without limitation acts of God, forces of nature, equipment failure, 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, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, travel bans or other mandated travel restrictions, weather conditions, and unforeseen circumstances.

If Force Majeure prevents, significantly hinders, renders it difficult, makes it commercially impractical, or makes it impossible for us or our suppliers to provide the services including but not limited to your Tour, we and our suppliers shall be entitled to, and may in our complete and sole discretion, vary, delay, postpone, reschedule, alter or cancel any itinerary or arrangement in relation to the tour, including the entire tour itself.

Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the tour. 

 ESPRIT TRAVEL & TOURS may need to make changes and/or cancellations to a Tour due to Force Majeure or other reasons. These changes may include postponements for extended periods of time.

Further, ESPRIT TRAVEL & TOURS reserves the right to make changes to any aspect of the Tour if, in the absolute discretion of ESPRIT TRAVEL & TOURS, it is necessary to do so due to conditions that are likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if an act or omission of a third party prevents the Tour or the aspect of the Tour being undertaken in accordance with your booking or for any other reason considered necessary by ESPRIT TRAVEL & TOURS.

While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value. This may include cancelling, rescheduling, or postponing an entire Tour and transferring all payments made by traveler to a future Tour of Traveler’s choosing or issuing a travel credit, as further described below.  Traveler must be aware that postponements may be for extended periods of time, particularly due to travel  prohibitions, restrictions or uncertainties in travel conditions. ESPRIT TRAVEL & TOURS further reserves the right to adjust the Travel Service or change the modes of ground transport, change the quality of Accommodations or otherwise changing a Travel Service without prior notice. We accept no liability for loss of enjoyment as a result of these changes. Any additional charges incurred arising from the postponement, delay or extension of a Tour due to Force Majeure or hazardous circumstances will be the Traveler’s responsibility. ESPRIT TRAVEL & TOURS will attempt to provide Traveler advanced notice of any changes to your Tour to the extent commercially possible.  

ESPRIT TRAVEL & TOURS reserves the right to cancel any Services due to Force Majeure.

If a Tour is cancelled or postponed due to Force Majeure, we will offer you one or more of the following choices, in our discretion:

(a)   Travel credit equal to the Land Trip cost that you have paid minus any unrecoverable costs and monies, which includes our Travel Planning Fee. As described above in Section 8.i, the total tour price includes Esprit’s Travel Planning Fee of $2500.

Unrecoverable costs and monies include but are not limited to deposit monies that we have received from you and forwarded to our suppliers, cancellation penalties imposed by third parties, and our Tour Planning Fee.

(b)   A refund equal to the Land Trip cost that you have paid minus any 1) unrecoverable costs and monies, and 2) our Tour Planning Fee.

This policy is based on the fact that Suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our Suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. As a courtesy to our customers, we will make reasonable efforts to try and obtain refunds from our Suppliers for you within 30 days from cancellation but understand that we are not obligated to seek refunds and our Suppliers are not obligated to return monies already forwarded. We are not responsible should we not succeed.

                                 b. Cancellation due to insufficient Tour Booking Numbers or for a Reason not Due to Force Majeure

ESPRIT TRAVEL & TOURS reserves the right to cancel any Tour prior to departure in the event of under-enrollment.  Should a Tour be canceled by us due to low enrollment or for a reason not due to Force Majeure, you will be given a full refund of any and all payments made to Esprit Travel & Tours. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, airport, airfare and airline taxes), so be sure to purchase travel insurance!

                                  c. For Washington Residents only:

If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

9. Issuing Travel Documents. Unless Traveler specific issues arise, we typically send Travel Documents, including confirmation numbers, 2 weeks in advance of scheduled departure date. Should you change your mailing address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to ESPRIT TRAVEL & TOURS, we do not assume any liability if the Tour is adversely affected or made impossible by the non-receipt of travel documents or the provision of incorrect information by the Traveler.

10. Health and Fitness Requirements and Special Needs. Travelers should check with consulates for the latest health requirements. Travelers are required to advise ESPRIT TRAVEL & TOURS at the time of booking of any physical, medical, dietary, or other special needs that are required during the Traveler’s travel. ESPRIT TRAVEL & TOURS, may, at its sole discretion, decline booking of any Traveler or remove any Travelers who cannot meet the minimum health requirements. Passengers must bring their own medications, insect repellent, special dietary products, or other recommended prescribed drugs, medications or dietary products. ESPRIT TRAVEL & TOURS makes no guarantees that a Supplier can meet any special needs.

Suppliers and government entities may quarantine, isolate, deny entry to or take other measures involving clients with symptoms of infectious diseases or illnesses in hotels, and aboard confined modes of transport such as ships, trains, etc. No refunds will be provided to you for any unused portion of travel, damages or losses or other claims if you are quarantined. ESPRIT TRAVEL & TOURS is not responsible for any costs, damages or losses incurred by you in the event you are quarantined or otherwise interrupted from starting or completing your trip or using portions thereof. 

ESPRIT TRAVEL & TOURS reserves the absolute right to decline a booking at its discretion. Travelers agree to accept the authority and decisions of the employees of ESPRIT TRAVEL & TOURS, including our guides and agents, while on your Tour. If in our or our guide’s or agent’s opinion the health or conduct of a Traveler before or after departure appears likely to endanger the safe, comfortable and efficient progress of a Tour, the Traveler may be excluded from all or part of the Tour.

11. Insurance. Should you have to cancel your Tour because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for trip costs. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not go on a tour because of governmental/travel warnings or advisories, including but not limited to the U.S. State Department, Centers for Disease Control or World Health Organization warnings, or any other circumstances beyond our control.  ESPRIT TRAVEL & TOURS strongly recommends the IMMEDIATE purchase of travel cancellation insurance including emergency medical evacuation, flight delay, baggage and repatriation.

Due to the Coronavirus pandemic, we further recommend the trip cancellation insurance purchased is a policy that allows Traveler to “cancel for any reason” as the pandemic is ongoing and many types of trip cancellation policies do not allow cancellation for Coronavirus related reasons. It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that ESPRIT TRAVEL & TOURS is not responsible for any uninsured losses.

12. International Travel: Passports, Visas, and Travel Safety. It is Traveler’s sole responsibility to verify they have all the necessary visas, transit visas, passports, and vaccinations prior to travel and have paid any required reciprocity fees for their destination. A full and valid passport is required for all persons traveling to any of the international destinations that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire trip.

Many international destinations require a passport valid until at least six (6) months beyond the scheduled return date. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or accessed online at http://travel.state.gov/content/passports/en/passports.html, or directly from the destination country's website. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa or permit entry when visas are issued on arrival in country. 

You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all Travelers when making a booking and appearing in their travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on their passport, visas, etc.

Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release ESPRIT TRAVEL & TOURS from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. In the U.S., for State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.

U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION OR IMMUNIZATIONS. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

13. Accommodations. ESPRIT TRAVEL & TOURS provides the Accommodations for its Tours through third-party Suppliers and retains no ownership or management interest in those Accommodations. We do not guarantee the amenities of the Accommodations nor the performance of these third-party Suppliers. If any issues arise, please contact the owner/operators of the respective Accommodations directly.

Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation.

Accommodations and living standards may vary from country to country and region to region. ESPRIT TRAVEL & TOURS makes no guarantees about Accommodation living standards. Any additional costs, i.e. upgrades etc., will be borne by the Traveler.

Some Accommodation Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your Accommodation booking.

14. Activities Offered During Tours. Certain activities referred to or described in your Tour Itinerary or other promotional materials are no longer provided by the local provider for a variety of reasons.  In the early or late season some activities and/or excursions may not be available, some of the facilities may be closed, or maintenance work may be in progress.  ESPRIT TRAVEL & TOURS cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESPRIT TRAVEL & TOURS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY AND/OR EXCURSION.

15. Marketing Materials and Illustrative Photos. ESPRIT TRAVEL & TOURS endeavors to illustrate the Travel Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Travel Services pictured at the time of a scheduled Tour.

16. Local Customs, Laws, and Travel Risks. Tour may expose Traveler to different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, the vagaries of weather, and travel in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold ESPRIT TRAVEL & TOURS harmless for any such problems experienced while participating in their Tour.

17.   Seller of Travel Registration Information.

i. California

Esprit Travel Corporation is registered with the California Department of Justice. CST# 1020919-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has trust account.

This transaction is not covered by the California Travel Consumer Restitution Fund. You are not eligible to file a claim against the Fund in the event of Esprit Travel Corporation’s default.

18. Limitation of Liability. You agree that the sole remedy for any default by ESPRIT TRAVEL & TOURS arising under this Agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, ESPRIT TRAVEL & TOURS 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 we have been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages.

19. Disclaimer of Warranties. The inclusion or offering of any Services by ESPRIT TRAVEL & TOURS does not constitute any endorsement of such products or services. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY ESPRIT TRAVEL & TOURS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESPRIT TRAVEL & TOURS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH ESPRIT TRAVEL & TOURS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 

20. INCIDENT REPORT PROCEDURE. If you have any cause for complaint while on your Tour, you must immediately bring it to the attention of your tour guide or to ESPRIT TRAVEL & TOURS, who will attempt to resolve the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from ESPRIT TRAVEL & TOURS. 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 refunds. If you are not satisfied after using this notice procedure, you must submit your complaint in writing to us within 30 days of the Tour’s end date.

21. Mandatory Binding Arbitration, Class Action Waiver, Attorney’s Fees. You and ESPRIT TRAVEL & TOURS shall attempt in good faith to resolve any dispute or claim concerning, relating, or referring to a Tour, Travel Services, Services offered or sold by us, the Site, any literature or materials concerning our Tour, Travel Services, and Services, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes, including those involving any Traveler whether an adult or minor, shall be resolved exclusively by binding arbitration held in Las Vegas, Nevada and presided over by one (1) arbiter. You agree that you will not argue that a dispute brought by, on behalf of, or involving a minor is not subject to arbitration. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND ESPRIT TRAVEL & TOURS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

If any act of law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement and/or the included Mandatory Binding Arbitration Agreement, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

22. Governing Law, Venue, and Jurisdiction. These Terms and Conditions and the relationship between you and ESPRIT TRAVEL & TOURS are governed by y the laws of the State of Nevada, United States, without regard to its conflict of law provisions. You and ESPRIT TRAVEL & TOURS agree to submit to the personal jurisdiction of the federal and state courts located in Las Vegas, Nevada with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or any other Dispute related to these Tour Terms & Conditions not covered by our Binding Arbitration clause. Traveler and ESPRIT TRAVEL & TOURS agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal or state courts (as applicable) located in Las Vegas, Nevada, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. 

23. IMAGES RELEASE: You agree that ESPRIT TRAVEL & TOURS may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides 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 before the start of the tour. In the event of any conflict between this images release and our “Photo Release” Form and “Social Media” agreement, if signed by you, the terms of the “Photo Release” and “Social Media” agreement shall govern.

24. Notices. Any notices required or permitted hereunder shall be given:

 i. If to ESPRIT TRAVEL & TOURS:

  Via email to:

 Accounting@esprittravel.com

 Via fax:

 800-377-7481

 Or via mail:

Esprit Travel Corporation

ADDRESS IN OFFICIAL DOCUMENT

ii. If to Traveler, at the email or physical address provided by Traveler during the registration process.

iii. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

25. Legal Compliance and Proper Conduct. Traveler understands that their participation in a Tour may be terminated during the Tour if Traveler is disciplined by any civil or criminal authorities, Accommodation or conveyance Suppliers, or if ESPRIT TRAVEL & TOURS, in its sole discretion, determines that Traveler’s conduct is incompatible with the interests, safety or welfare of other Travelers, Suppliers, guides, their employees, or independent contractors.  In this event, Traveler is responsible for arranging and paying for their own substitute travel and Accommodations.

26. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of ESPRIT TRAVEL & TOURS.

27. SUCCESSORS AND ASSIGNS: This agreement shall inure to the benefit of and be binding upon ESPRIT TRAVEL & TOURS and you and your respective heirs, legal and personal representatives, successors and assigns.

28. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and ESPRIT TRAVEL & TOURS agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

29. MERGER: 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.

30. Waiver. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. ESPRIT TRAVEL & TOURS does not guarantee it will take action against all breaches of this Agreement. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.

Upon booking a tour, you will be sent a link to e-sign the specific terms and conditions for your tour.  The following language is used on the signature line:

____________________________________

TRAVELER’S REPRESENTATIONS: I understand that acceptance of my booking for the Tour and payment thereof is an acceptance by me of these Terms and Conditions and for other tour conditions applicable to the Tour. I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND ACCEPT THOSE CONDITIONS.

I certify that I have not recently been treated for, nor am I aware of, any physical or other condition or disability that would create a hazard to me or other members on this Tour.

I have read this entire agreement, and I am signing it freely.  I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. I confirm that I have had an opportunity to have all of my questions about this agreement answered by ESPRIT TRAVEL & TOURS and by an attorney. My signature applies to all pages of this agreement.

_________________________________               ___________________________________

Traveler’s Name                                                            Date

__________________________________

Signature

Parents and/or Legal Guardians must sign for participants under the age of 18

___________________________________________                                                                   
 Signature of Minor Participant’s Parent/Guardian                     Date

___________________________________________                                                                     
 Print Name of Participant’s Parent/Guardian                                 

___________________________________________                       

Print Name of Minor 

Updated Dec 2023