Terms & Conditions
CLIENT / PARTICIPANT CONTRACT, RELEASE OF LIABILITY AND TERMS & CONDITIONS
This Client/Participant Contract (the “Agreement”) is legally binding. This Agreement must be agreed to by all clients (each a “Client” and collectively the “Clients”) and participants (collectively with Client(s), the “Participants” or each, a “Participant”) of travel or trips curated by Plan South America, LTD (“PSA”) or for which PSA provided any Trip Planning Services (as defined hereinbelow). Parents/Guardians are required to agree to and execute this agreement on behalf of any/all or their minor children (under age 18) who are participating in a trip.
SUPPLIER RULES AND RESTRICTIONS
PS does not provide, own, or control any of the travel services and products that are provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.
TRAVEL SUPPLIER COSTS
In certain cases, Travel Providers that PSA works with will not accept payments directly from Clients. In such cases, Clients must make funds readily available for PSA to provide such payment on Client’s behalf. Such payments may be quoted in local currencies and PSA shall make reasonable efforts to obtain favorable currency exchange rates for the Client. Client agrees to pay, in timely manner, any such amounts that are due under the foregoing provisions.
Payment to PSA on account of fees payable to Travel Providers must be made by Client and received by PSA within two business days from the time PSA’s invoice regarding same is provided to Client. In the event Client does not make such payment within such 2-day time period, the rate quote secured by PSA with respect to such Travel Providers may have lapsed and Client must thereafter request for PSA to obtain a new rate quote which, if obtained, will then be effective for two business days after receipt thereof. Sales or other taxes and fees vary based on the location and other specifics of the trip pertaining to such Travel Provider and such taxes and fees shall be disclosed to Client before confirming the booking. Payments for Travel Providers may be made by bank transfer or credit card. In the case of payment by bank transfer a 3.0% discount may be charged to Client.
CHANGES TO YOUR TRIP
Clients may make changes to their trip, subject to availability of any such requested changes at the time such change request(s) are made, and all applicable amendment and cancellation charges incurred as a result of such change(s). Fees accrued for PSA Travel Planning Services prior to such change request(s) shall be deemed fully earned and new fees will be incurred based on the then-current PSA rates.
Participants with Disabilities
Participants with disabilities should notify PSA if ADA accessible accommodations are needed. PSA will make all reasonable efforts to accommodate this request but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation.
CANCELLATIONS BY CLIENT
In the event the Client decides to cancel a trip after it has been booked, PSA will, if requested by Client, assist the Client with such cancellation subject to all applicable restrictions from the Travel Provider for the trip; provided, however, that Client shall be responsible for all applicable cancellation costs, charges or fees. Moreover, PSA may impose a cancellation fee of $500 to Client, it being understood and agreed to by Client that such cancellations may negatively affect PSA’s relationship with third parties associated with the trip. In the event that Client initiates an improper credit card chargeback, PSA reserves its rights to commence legal action against Client and recover of its’ costs and fees in addition to the amount claimed in the chargeback.
Cancellation or Rescheduling by travel provider or Other
In the highly unlikely event that one of our Travel Providers chooses to change the departure date, or cancels the trip, we will assist you in making alternate arrangements; however, you will be responsible for additional Travel Provider fees and charges that may apply. PSA will always advocate on your behalf in the event of a Travel Provider cancellation or rescheduling.
PASSPORT, VISAS, AND HEALTH REQUIREMENTS
It is Client/Participants sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Clients/Participants are urged to review advisories or warnings issued by the State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. PSA strongly recommends that Clients and all Participants review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices. PSA bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.
Health: Recommended inoculations for travel may change and Client/Participant should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
REVIEW OF TRAVEL DOCUMENTS
Clients must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from PSA or a third party. Any errors, questions, or concerns should be communicated to PSA immediately.
It is essential and a condition of booking a trip with PSA, that Client/Participant take out a comprehensive travel insurance policy to cover Client and all Participants of the trip before, during and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. PSA cannot be held responsible for denied entry if a Client/Participant is unable to provide details to authorities of insurance or denial of entry for any reason. PSA shall not be responsible for any costs incurred by Client or any Participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by Client/Participant.
Client/Participant agrees to and shall indemnify and hold harmless PSA and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by PSA (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client/Participant’s breach or violation, or threatened breach or violation, of this Agreement (including without limitation the Release) (ii) Client’s failure to obtain any signed Release from a Participant and any damages claimed by such Participant or on such Participant’s behalf against PSA with respect to the trip; and/or (iii) any Client/Participant’s breach or violation, or threatened breach or violation, of the Release signed by such Client/Participant to the extent that such Participant is held not to be responsible for any damages incurred as a result of such breach or violation (real or threatened).
RELEASE FROM LIABILITY
Client/Participant hereby understands, acknowledges, and agrees that Plan South America, LTD, its owners, officers, members, employees, agents, representatives, affiliates and independent contractors (collectively “PSA”) does not own or operate any entity which is to or does provide goods or services for any trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. Client therefore releases and holds harmless PSA, its owners, officers, members, employees, agents, affiliates and independent contractors for any financial failure, insolvency and/or bankruptcy of any supplier, vendor and/or service provider (such as cruise line, airline, tour operator, accommodation provider, etc.), as well as negligent or willful act or failure to act of any such person or entity, or of any other third party, and Client/Participant agrees to and shall not make any claims against PSA for any such actions or omission by PSA or any such third parties. Without limitation, PSA is not responsible for any injury, loss, or damage to any Client/Participant’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, skiing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the reasonable control of PSA. PSA reserves the right to change hotels, the itinerary, or other features of the Trip if PSA believes it will enhance the safety of the Trip for Client and the other Trip participants, but in each case, if feasible, with Client/Participant’s prior consent.
In the event that the Client/Participant has arranged components of the trip without the assistance of PSA, Client/Participant is fully responsible for any losses, and associated costs, that arise as a result of the action or inaction of the component (for example, failure to arrive at a destination due to a delay or cancellation of a flight).
ASSUMPTION OF RISK; COVENANT NOT TO SUE
Client/Participant is aware that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Client/Participant’s own negligence and/or the negligence of others, including tour guides, other guests, PSA employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which Client/Participant is not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of PSA or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client/Participant understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of any trip Client/Participant is willing to accept the risks and uncertainty involved as being an integral part of its adventure. Client/Participant hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of PSA and agree to and shall hold harmless and fully release PSA from any and all claims associated with a trip, including any claims of third party negligence and Client/Participant hereby covenants not to sue PSA for any such claims or join any lawsuit or action that is suing PSA.
GOVERNING LAW; SUBMISSION TO JURISDICTION
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA, exclusive of conflict or choice of law rules. Client/Participant agrees that unless otherwise mutually agreed by the parties in writing or as otherwise, any Claims shall be brought in a court located in New York County, the State of New York, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
ENTIRE AGREEMENT; SEVERABILITY
This agreement, including any other attachments and exhibits referenced herein, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to PSA. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
KNOWING AND VOLUNTARY EXECUTION
Client/Participant has carefully read this Agreement, and fully understands its contents. Client/Participant are aware that this is a release of liability and a contract between them and PSA and/or its affiliated organizations and Client/Participant knowingly agrees to it of their own free will, without duress.