Waiver of Claims, Release of Liability
BOOKING TERMS & CONDITIONS
All bookings are made with Scarlet Macaw Trips, owner of all advertised itineraries found on our website (herein referred to as “Scarlet Macaw Trips” or “the Operator” or “SMT”). By booking a trip with us and/or by using our website, you are agreeing to these Booking Terms and Conditions, which constitute the entire agreement between you and us.
All Travelers must be 18 years of age or older to travel with Scarlet Macaw Trips unless they are accompanied by an adult. Other terms and conditions will apply to High School travel programs and will be drafted up separately.
Insurance Requirements All of Scarlet Macaw Trips’s travelers are required to provide proof of current and adequate travel insurance before the beginning of any trip booked with us. We use WorldNomads.com (See Travel Insurance page on our site). Your travel insurance must include coverage for personal property and trip cancellation. You acknowledge that trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your trip with us for any reason, whether voluntarily on your part or as a result of Scarlet Macaw Trips’s actions. If you are a resident of the United States with current health insurance coverage, it is likely that your policy will be acceptable so long as it covers you while traveling outside the United States. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR INSURANCE POLICY DETAILS WITH YOUR INSURANCE PROVIDER TO ENSURE THESE REQUIREMENTS ARE SATISFIED.
II. Deposit Requirement
All multi-day trips require payment of a non-refundable deposit amounting to 40% of the trip price for each person to confirm your spot on the trip. However, if your booking is made within 30 days or less of the trip’s departure date, the full amount of the trip is due at the time of booking. All day trips require full payment at the time of booking regardless of departure date.
III. Trip Confirmation and Payment Details
Booking is easy with our secure online booking system. SMT accepts credit cards as acceptable methods of payment
If booking a multi-day trip more than 30 days from the departure date, a deposit totaling 40% of the trip cost is due to confirm your seat. The remaining balance is then due 30 days from the departure date. If your reservation is made within 30 days or less before trip departure, the entire cost of the trip must be paid at the time of confirmation.
Cancellations: Any cancellations made on your behalf will result in the loss of all money collected. For this reason, we strongly recommend you have comprehensive travel insurance that includes cancellation coverage so that you are protected financially in case anything comes up that prevents you from joining your trip. If you do not pay the balance of your trip within 25 days of the departure date, your booking will be canceled resulting in the loss of all money collected. If SMT is forced to significantly alter or cancel your trip, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:
Accept SMT’s offer of a comparable replacement trip, or Receive a refund of all monies paid.
When accepting an offer for a replacement trip: If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost. If the cost of the replacement trip is equivalent or higher than your original trip, you will owe nothing.
Optional Activities During any SMT trip, there may be opportunities to participate in activities or local events which are not included in SMT’s packaged trip. SMT DISLCAIMS ALL RESPONSIBILILTY AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAFETY OR QUALITY OF THESE ACTIVITIES AND EVENTS, OR THE STANDARDS OF THE INDEPENDENT OPERATOR RUNNING IT. It is understood and acknowledged by the Customer that any assistance given by SMT’s trip leader or staff to help arrange these optional activities does not constitute a waiver of this disclaimer or create representations and warranties on the part of the Company. SMT does not sponsor or endorse these activities or events, nor can SMT be held liable for any injury or illness or any consequence whatsoever resulting from your participation. If you decide to participate in these events, you do so voluntarily and are responsible for taking appropriate precautions to ensure your own safety.
Discounts and promotions All discounts and reduced pricing are applied at SMT’s discretion. From time-to-time, SMT may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Customer has already paid a deposit are locked into their original price and are not entitled to any reduced pricing.
Passports and Visas Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest visa requirements. You assume complete and full responsibility for, and hereby release SMT from any duty or responsibility for, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. It is your responsibility to ensure the veracity and adequacy of information provided to the Company.
Baggage You are allowed to bring one piece of baggage weighing up to 50 lbs. and one additional medium/small sized “day pack” on the trip. If you need to bring additional baggage, you are responsible for requesting approval from SMT before your trip begins. SMT is not responsible for securing or protecting your baggage or belongings at any time during any trip.
Trip & Itinerary Changes Advertised prices are based on current rates of exchange, tariffs and taxes. SMT reserves the right to increase its trip prices without notice to cover increased costs, tariffs and taxes with reasonable notice to Customer. Additionally, SMT reserves the right with reasonable notice to Customer to implement fuel and other surcharges at any time, even subsequent to payment of deposit and/or partial booking fees, to address unexpected or unplanned fluctuations in global exchange markets. SMT reserves the right with reasonable notice to the Customer to withdraw any trip or part therein and to alter the itinerary or trip inclusions, as it deems necessary or appropriate under the circumstances. In the event that events that are either unforeseen or uncontrollable result in trip cancellation, delays, itinerary changes, or other adjustments, SMT will use reasonable commercial efforts to provide comparable alternatives. Any resulting additional costs to SMT that result from such alternatives may be passed on to you with reasonable notice. In most instances, trips will operate as originally planned, but SMT reserves the right to make reasonable alterations after the final itinerary has been issued.
Photography SMT reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with SMT, you agree to allow your images to be used in such photographs. These images will NOT be sold for editorial, trade, advertising, or for any other purpose or in any other manner and/or medium without your inspection or approval. You hereby release SMT and his/her legal representatives and assigns from all current and/or future claims and liability relating to said photographs.
I acknowledge that the photographer on this trip may own the rights to the photos and be allowed to use them for personal use and promotional uses only.
I acknowledge that because the Company or the photographer will own the rights to the photos, I agree not to sell any photos or make a commercial profit on them but to only use them for personal use. I acknowledge that any other use may expose me to legal liability.
What does this mean? SMT wants to share the documented beauty of your experience. SMT will be using photos taken on our trips for promotional purposes (our website, social media channels, Etc.). However, we want to be clear that SMT will never sell these images. Should you have specific photography concerns, you are responsible for raising them prior to booking or with the photographer on your trip PRIOR to the taking of any photographs on that trip.
SMT’s name and logo are registered trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SMT. SMT makes every effort to hire qualified independent photographers to take photographs during your trip. However, you acknowledge and accept that SMT disclaims all liability due to the failure of the photographer’s equipment, including cameras, related photographic equipment or computers, or his or her failure to take photographs appropriate to every customer’s unique tastes or interests.
Complaints, Claims, and Refunds Refunds are not issued for any included activity or trip location that is missed or altered due to circumstances beyond SMT’S reasonable control, including but not limited to acts of God, war, strikes or labor disputes, significant weather event, government orders or any other major event. Anyone looking to make a claim, submit a complaint, or request compensation for any reason must do so in writing or email within 30 days after the trip’s cancellation or completion. Any and all supporting documentation to the claim or complaint must accompany the written letter or email. Any claim or complaint received by SMT after this deadline will not be accepted or reviewed. SMT reserves the right to honor or resolve these claims at its exclusive discretion.
Limits on Responsibility SMT is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document.
At no point, and under no circumstances, is SMT responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked and paid for externally to SMT. SMT is not obligated to alter any trip itinerary or suspend a trip’s commencement for any reason outside of our control that prevents you from joining a trip as planned.
SMT reserves the right to make alterations to our trips, itineraries, inclusions, and activities at any time with reasonable notice to Customer. SMT may also replace the hotels, vehicles, or included activities without notice so long as these adjustments do not materially alter the trip or jeopardize the safety of its Travelers.
Travel Advisories & Warnings While SMT continuously monitors the areas we visit, it is your responsibility to become informed about the areas where you are about travel to including any travel advisories and warnings issued by the U. S. State Department. Visit their travel website at www.travel.state.gov or contact them by phone at 1-888-407-4747. You are responsible for protecting your own well-being and personal property before, during, and after your SMT trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
Local Payments At times throughout your trip, it is likely that you will have the opportunity to participate in activities and/or events that are not included in the trip itinerary. These opportunities allow you to customize your experience and level of adventure on the trip, but keep in mind that SMT does not endorse or sponsor these services as mentioned in the Optional Activities section above. All optional activities are paid for locally and directly to the supplier of the activity, event, or service.
Personal Responsibility You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that SMT’s trips are adventurous by nature and may involve a significant amount of personal risk. You understand and assume each and every risk associated with any trip or activities thereto, any of which can cause injury or even death. Risks and hazards that may be present during any trip include, but are not limited to:
· Travel by automobile or other means of conveyance; Hazards of traveling, hiking, exploring, or participating in activities that take place in remote or rugged, unpredictable terrain and where phone or radio communications are unavailable; Risks associated with wildlife encounters while participating in any outdoor activity; Risks associated with crossing roadways and entering/exiting vehicles, The unavailability of immediate medical attention or means of rapid evacuation in case of emergency; Risks of injury, dehydration, or even death resulting from my participation in any sporting or adventurous activity such as boating, fishing, swimming, diving, parasailing, hiking, yoga, walking tours, photography tours, vehicle tours, and scenic flights; Any physical, mental, or other conditions or disabilities that belong to you or anyone you are traveling you may be a hazard to any group members and may be exacerbated by any of the other risks contained herein; Acts of God, acts of terrorism, forces of nature, and unpredictable weather conditions; Areas of unsafe or unstable conditions due to political or civil disturbances, or other unforeseen circumstances.
In addition to assuming any of the risks and hazards of a trip, some of which are listed above, you agree to be responsible for any and all expenses resulting from any inherent risk, whether identified or not, and as a result of your negligence.
You further certify that you are in an appropriate and good physical condition for participating in the trip of your choosing and to participate in any activities relating thereto, and have the ability to safely engage in adventure travel activities and all other activities in which you may partake while an SMT passenger. You understand that it is advisable to obtain appropriate medical evaluation and your doctor’s approval prior to initiation of certain travel and/or exercise activities. Your participation in these activities is purely voluntary. No one is forcing you to participate, and you elect to participate in spite of the risks.
SMT reserves the right to decline anyone from joining a trip with justifiable cause. SMT also reserves the right to remove you from a trip if you are creating a hazard to yourself or others, impacting the enjoyment of others, or participating in any illegal activity. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
Seat Belt Policy To ensure the safety of our Travelers and staff, SMT recommends that everyone wear their seatbelts at all times while riding in any vehicle that is in motion. This recommendation is not only for your safety but also for the safety of everyone else in the vehicle. It is noted that some vehicles internationally may not be equipped with these restraints as accepted by local laws. SMT and our transportation suppliers remain focused on protecting your safety, but they cannot be expected to constantly check to make sure everyone is buckled prior to moving a vehicle. Therefore, it is your responsibility to wear your seatbelt properly and at all times while the vehicle is in motion.
Cultural Differences and Drug Policy SMT staff will discuss cultural differences during your trip, but you also have a responsibility to perform your own research and act responsibly while traveling. SMT does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. We want you to have fun and encourage you to take advantage of the local culture, but SMT emphasizes safety as a top priority.
Applicable Law The District of Columbia law governs these Terms and Conditions to the fullest extent allowable. Any disputes in connection with an SMT trip or these Terms and Conditions will be initiated in the Superior Courts of the District of Columbia where exclusive jurisdiction and venue reside. If a court or any other appropriate authority finds any portion of this document to be invalid, the remainder will remain in full force and effect.
From time to time, the Company may need to change its Terms and Conditions because of changes in its business, or in its attempts to serve your needs better. SMT will use reasonable efforts to publish any changes to its Terms and Conditions, including publishing the current terms on our website. Please check back from time to time to review any changes to our policy.
If you have any questions or concerns regarding this policy, please contact us at firstname.lastname@example.org