Travel with Luxury and Style Worldwide.  We will custom design your 5-Star, Fun, Casual, Refined journeys! - DavidTravel

DavidTravel
310 Dahlia Place, Suite A,
Corona del Mar, CA 92625-2821
Tel:        949.427.0199

E-mail:  
info@DavidTravel.com
Web site: 
http://www.DavidTravel.com

 OUR TERMS AND CONDITIONS.

1. BOOKING REQUIREMENTS.

Phone, fax or email the names, addresses, and telephone numbers of all persons interested in traveling with DavidTours, and state the destination and tour dates requested, to determine if there is availability.

AND

Mail us a completed DavidTravel"Booking Form" signed by each person paying and each person to be traveling. 

The deposit check(s) must be included.  Full payment must be included, if it is 121 days or less prior to the departure date.

For all international tours (outside the US), a deposit of $500 per person is required to secure reservations and payment in full is due and payable at least 121 days prior to the departure date.

For all domestic tours (in the US), a deposit of $100 per person is required to secure reservations and payment in full is due and payable at least 121 days prior to the departure date.

To calculate the deadlines dated and payment due dates, Click
HERE for a date calculator on the web. Use the arrival date in your destination as the start date and subtract the applicable number of days from that date. Thank you.


2.  FORMS OF PAYMENT.  OTHER DETAILS.  DT SETS ALL TERMS & CONDITIONS FOR DT TOURS. 

Forms of Payment Accepted:  check, money order, or wire transfer. 

Other Details:  DavidTravel will be referred to as "DT"; DT trips and tours will be collectively referred to as "tours"; and those purchasing, traveling on and/or potentially traveling on a DT tour will be referred to as "consumer", "tour member" or "you".  All airfares stated in our printed material have advance purchase requirements, penalties and restrictions.  In order to secure such fares, early booking and payment is needed.  Airfares are never guaranteed until ticketed.

DT Sets All Terms & Conditions For DT Tours:  DT sets all Terms & Conditions for DT tours, and no other party or individual may modify them in any way.  Only David M. Rubin of DT may bind DT to any modifications, and any agreement to modifications must be agreed to, in writing, by David M. Rubin of DT.


3.  CANCELLATION AND/OR TRANSFER POLICIES, FEES, & REFUNDS FOR LAND TOURS.

Regardless of reason, a consumer's cancellation and/or transfer to another tour departure results in a costly process.  For this reason, DT must apply its cancellation and/or transfer policies without exceptions to all consumer cancellations and/or transfers to another tour departure.  For example, DT is contractually committed to pay early deposits, and tour costs prior to each tour's departure date.  Because of DT's cancellation and/or transfer policies, DT highly recommends that consumers purchase trip/tour cancellation insurance.  There are some policies that will waive “pre-existing conditions exclusion” clauses, if the trip cancellation insurance is purchased within 7 days of the first payment.  Please see the INSURANCE section below.

For all tours, the consumer's written notice of cancellation must be submitted in writing to DT, a division of Abundantia Corp, 310 Dahlia Place, Suite A, Corona del Mar, CA  92625-2821, USA.  The consumer's written notice of cancellation is considered effective when received in the above-mentioned office during regular business hours, Monday through Friday.  It is the responsibility of the consumer to have written confirmation of receipt by DT of the consumer's written notice of cancellation.  This is important in the event an issue arises of receipt by DT of the consumer's written notice of cancellation.

The following cancellation terms apply if:

a.      written notice of cancellation received by DT 121 days or more prior to departure, there is a $50 per person cancellation fee.

b.      written notice of cancellation received by DT 120 to 91 days prior to departure, $500 per person is non-refundable for travel to a non-US destination and $100 per person is non-refundable for travel to a US destination.

c.      written notice of cancellation received by DT 90 to 61 days prior to departure, $1000 per person is non-refundable for travel to a non-US destination and $150 per person is non-refundable for travel to a US destination.

d.      if DT does not receive written notice of cancellation from the consumer 61 or more days prior to departure, 100% of amount paid by the consumer to DT and to be paid by the consumer to DT is non-refundable.

If the consumer fails to provide DT with written notice of cancellation 61 or more days prior to departure and fails to pay the entire amount due for a DT tour, including any late payment fees as provided herein, the consumer is deemed to have forfeited any payments made to DT for the tour.  In addition, there are no refunds for unused services once the tour has commenced.  If a consumer's roommate cancels, the non-canceling consumer is responsible for payment to DT of the single supplement fee.  If 100% of the canceling consumer’s payments have been paid to DT and are 100% non-refundable, then no single supplement fee will be charged to the non-canceling consumer.

If any tour is canceled by DT, DT’s maximum potential liability is limited to a full refund of monies received by DT from the consumer for the land tour.

To calculate the deadlines dated and payment due dates, Click
HERE for a date calculator on the web. Use the arrival date in your destination as the start date and subtract the applicable number of days from that date. Thank you.


4.  CANCELLATIONS, FEES, REFUNDS AND/OR CHANGES FOR AIR  & TRANSPORTATION ISSUES.

The air tickets offered by DT are non-refundable, non-cancelable, non-transferable and non-changeable, even if a DT land tour is canceled for any reason.  DT notes that when purchasing any air tickets from any source, fees may apply and may involve forfeiture of all monies if the air ticket is not used as ticketed.  DT is not responsible in any way for airline tickets (domestic or international) or air transportation.  DT may assist with and help to facilitate payment for airline tickets, but does not sell or issue airline tickets; this is done by suppliers or the airlines.  In addition to the foregoing cancellation fees, separate penalties apply to any air tickets.  DT is not responsible in any way for the consumer's arrival for any tour and/or departure from any tour, or airport transfers in connection with late or canceled flights.


5.  FULL PAYMENT REQUIRED, LATE PAYMENTS AND LATE PAYMENT FEES.

Full payment must be received by DT, with all funds cleared, for the consumer to travel on a DT tour.  All full and partial payments are subject to DT's "CANCELLATIONS, FEES, & REFUNDS FOR LAND TOURS POLICIES" stated herein.

Any payments received 120 days or less before a consumer's departure date are deemed late payments.  Payments are deemed received when DT receives a valid, fully negotiable check or wire transfer and the funds clear in a timely manner.  Any late payments will be assessed a per day late fee of .1 percent (1/10 percent) of the total amount due.  For example, if the balance due is $1000 and payment is 10 days late, the late fee is $10 (1000 X 10 X .001).

If any payment is late, DT cannot guarantee the late paying consumer's space on a tour, unless the consumer has written confirmation from DT guaranteeing the consumer's space, the adjusted payment deadline, and late fees.  If any payment is late and space is no longer available on the tour for which a consumer has made payments, DT's "CANCELLATIONS, FEES, & REFUNDS FOR LAND TOURS" will apply.


6.  INSURANCE.

Insurance, including, but not limited to, health insurance, accident insurance, baggage insurance, “trip cancellation” insurance, evacuation insurance, is highly recommendedConsidering DT's Cancellation/Fees/ Refund policies, DT strongly encourages consumers to purchase “trip cancellation” insurance.  As a service to consumers, DT may provide or direct consumers to certain insurance policies.  However, it is the consumer’s sole responsibility to discuss and analyze all insurance coverage and coverage issues with the insurer(s) and the consumer’s attorney and/or insurance agent(s) to ensure the consumer will be adequately and properly covered.  DT is not responsible or liable for loss, damage or theft of personal luggage or belongings, nor is DT liable for personal injury, accident or illness.  In most non-US countries, insurance coverage of and legal protections in connection with personal injury, accident or illness are not available as in the US.  Please consult your attorney and/or insurance agent(s) to ensure you will be adequately and properly covered for any eventualities


7.  TOUR PRICES.

Prices quoted in DT's itineraries are based on land costs, air costs, and currency exchange rates in effect at the time the tours were planned.  DT reserves the right to increase the tour price in the event costs increase beyond DT's control.  Any increase in price made prior to departure must be paid prior to departure, and shall not modify or alter the cancellation provisions provided above.  However, should any increase that is made prior to departure exceed 10% of the land tour price, consumers may cancel without penalty provided they do so by certified mail to DT postmarked no later than fifteen days after written notification of the increase has been sent to the consumer’s mailing address provided to DT.  All prices are in US dollars.


8.  INCLUDED IN THE LAND TOUR PRICE.

HOTELS.  DT reserves the right to provide hotels of a similar category to those listed in DT's itineraries, if circumstances make it necessary, with no refund to tour members.  Hotel rooms may not be available before 3pm.  Portage (the bellman’s tip) at the hotel is included.  At all hotels, the bed type cannot be guaranteed.  In hotels outside the US, king or queen size beds are not common and adjacent twins are more common.   

MEALS.  All included meals are capitalized in the DT itinerary.  All tours outside the US include either a local-style buffet, an American breakfast or expanded continental breakfast daily.  Breakfasts are usually served in a hotel dining room.  Dinner meals that are included are usually served at a set time.  Whenever possible, you will be offered a limited a la carte menu (which means you will select from a menu with 1-2 appetizers, 1-2 main courses and 1-2 desserts).  Many restaurants will not permit choices for groups, but we will do our best to accommodate dietary restrictions (e.g.: vegetarian, no pork, or no shellfish) of which we receive written notice at least one month prior to departure for your tour.  Some dinners may be buffet style.  When lunches are provided, a limited menu may be offered due to time constraints on sightseeing days.  Additional items ordered by the tour member must be paid for directly to the hotel or restaurant.  The only beverage included at lunches and dinners is filtered coffee or tea with dessert, unless otherwise stated in the DT itinerary.

SIGHTSEEING.  English-speaking guides are provided for all touring listed in the DT itinerary, including entrance fees for places listed as including interior tours.

GROUND TRANSPORTATION.  All ground transportation is provided in connection with sightseeing and ground travel between cities listed in the DT itinerary.  Airport transfers are provided only as set forth in the DT itineraries.  Airport transfers are not provided for US tours. Transportation in connection with nightlife is not included, unless stated. 

LUGGAGE.  All transportation and transfer of one piece of standard size luggage per person (the 3-dimension [length plus height and width] sum may not exceed 62 inches/158 cms and 55 pounds) is included.  One carry-on bag, meeting the US airlines’ permitted coach class specifications for carry-ons, is allowed per person.

GUIDE/TOUR DIRECTOR.  The services of a Tour Director(s) and/or guide(s) is/are provided on all tours.


9.  NOT INCLUDED IN THE LAND TOUR PRICE.

The following are not included in the land tour price:  airfares, airport taxes, departure taxes, security surcharges, customs or immigration fees, passport fees, visa fees, laundry, telephone calls, wines, liquor, mineral water, meals not included in the itinerary (all included meals are capitalized in the itinerary), any items not stated as provided in the included meals, sightseeing or services not specifically mentioned as guided or included, or included with interior tours, airport transfers for US tours, items of a personal nature, excess baggage charges, health insurance, accident insurance, baggage insurance, “trip cancellation” insurance, evacuation insurance, and tips for tour director(s), drivers, guide(s), rangers, trackers and maids.


10.  PASSPORT/VISAS.

A valid passport is needed on all international tours.  Your passport must remain valid for 3 months after you return to the US.  If you are not a US citizen, please determine your passport and visa requirements.  All consumers are urged to check with the consulate or tourist board of each country on the tour itinerary for up-to-the-minute visa requirements.  Please understand that it is the consumer's responsibility to obtain, protect and pay for the required travel and health documents.  Any costs and/or loss of services incurred due to lack of proper documentation are solely the consumer's responsibility.


11.  HEALTH AND INOCULATIONS.

Please contact your doctor, Health Departments and/or the Center for Disease Control in Atlanta, GA, and advise them of your itinerary and medical history to determine your needs.  It is the consumer’s responsibility to determine if the consumer's health, and special and/or disability-related needs would be provided for in each destination and throughout a DT tour.  Participation on DT tours may include very low impact walking tours.


12.  IMPORTANT NOTICES.

DT
reserves the right to decline to accept or retain any person as a tour participant should such person’s general deportment impede the operation of the tour or the rights or welfare or enjoyment of other tour participants. DT’s maximum potential liability is the refund, if any is secured, of the price of the unused portion of the land tour that is refunded by DT’s suppliers to DT.  Typically, DT is unable to secure any refund from its suppliers.

Itineraries may vary in the course of the year, as DT constantly strives to improve each itinerary and all features to the consumer's advantage, convenience and enjoyment.  If improvements can be made or unforeseen conditions beyond DT's control result in changes, DT reserves the right to vary itineraries, including changing hotels.  During local and national holidays, certain facilities, such as museums, theaters, sightseeing tours and shopping, may be limited.  In such instances, and wherever possible, DT will seek to include everything listed in the itinerary and may make slight itinerary adjustments to minimize inconvenience to tour members.


13.  RESPONSIBILITY.

Booking of a DT tour constitutes acknowledgement by the consumer(s) of and consent to all of the terms and conditions set forth in this document entitled OUR TERMS AND CONDITIONS, which includes, but is not limited to, the limitations of liability of DTOUR TERMS AND CONDITIONS are set forth in this document, which has 18 numbered sections and is labeled at the end of this document with the Document ID Code:  DT-Terms&Conditions-3-17-00.doc.   Please be certain that this Document ID Code matches the Document ID Code on the Booking Form you sign and send to DT.

All tour elements, services and facilities (including, but not limited to, carriage by land, sea, or air; escort and guide’s services; hotel accommodations; meals; transfers; baggage handling; and use of aircrafts, cruise ships, ferries, vessels, trains, motorcoaches or any vehicles) on DT tours are furnished by independent contractors who are not agents or employees of DT (or any of its divisions or affiliated companies) and, thus, are not subject to the control of DT. DT, its agents, servants, and employees shall not be liable whatsoever for any injury, damage, loss, accident, delay, irregularity, or the consequences thereof, resulting from any act or omission of such contractors who supply services on the tours; nor for any modification, substitution, interruption or cancellation of services, in whole or in part, supplied by such contractors; or any strikes, or any force majeure ("Acts of God"), or the consequences thereof.

As recent events, such as the Oklahoma City bombing, and issues, such as Y2K/computer related potential problems, have made clear, it is impossible for DT to determine or give assurances regarding the safety or security of any location or activity on a tour or of any means used to arrive at a destination.  Accordingly, DT disclaims any liability or responsibility of any kind or nature, and nothing contained in any DT written materials or verbal statements shall be deemed to be a warranty of personal safety or safety of monies paid for a DT tour, if issues arise with respect to any act of terrorism, criminal activity, hijacking, civil disturbances, financial defaults, war, strikes, riots, thefts, tortious occurrences, pilferage, epidemics, fire or any other similar event or for any losses or damages sustained by reason thereof. 

In the event the services and accommodations described in DT’s written materials cannot be supplied due to delay, modification, interruption or cancellation of services, in whole or in part, or by reason of any strikes, Y2K/computer related issues, or other force majeure ("Acts of God") or any other causes, DT will use its best efforts to supply services and accommodations which are available and, in its sole judgment and discretion, most nearly comparable to those set forth in its written material and most consistent with the purpose and design of the tour.  DT reserves the right to alter, amend, and modify the itinerary, accommodations, carrier, fare basis and/or other services described in its written materials.

Grading of hotels and services on the tours is in accordance both with standard industry practice and with the best judgment of DT, and a consumer accepts such grading when booking with DT.  If, either before or after the tour has commenced, DT alters, amends or modifies the itinerary or any tour element, service or facility described in its written materials or in the event any service or facility is not used due to voluntary omission by the consumer, no refunds will be granted.  If it becomes necessary for any service to be changed, any additional costs would have to be borne by the consumer and would be payable immediately. 

DT and all affiliates, acting as agents between individual suppliers and consumers, are not responsible nor liable for defaults of those not directly under its control.


14.  DAVIDTOURS CLIENT TRUST ACCOUNT.

California law requires certain sellers of travel to have a client trust account or bond.  DT has a client trust account.


15.  RIGHT OF CALIFORNIA CONSUMER TO MAKE CLAIM ON THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND.

This business is a participant in the Travel Consumer Restitution Corporation (TCRC).  You, the consumer, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale.  The maximum amount which may be paid by the TCRC to any one consumer is the total amount paid on behalf of the consumer to the seller of travel, not to exceed $15,000.  A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel.  A claim must include sufficient information and documentation to prove your claim and a $35 processing fee.  You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale.  You may request a claim form by writing to :  Travel Consumer Restitution Corporation, P. O. Box 6001, Larkspur, CA  94977-6001; or by faxing a request to:  (415) 927-7698.


16.  NON-CALIFORNIA CONSUMER .

If you are a non-California consumer, this transaction is not covered by the California Travel Consumer Restitution Fund.


17.  SEVERABILITY.

If any provision of these terms and conditions or its application to any party or circumstance is held invalid or unenforceable, then the remainder of these terms and conditions and the affected provision, to the extent it is not held to be invalid or unenforceable, shall remain valid and enforceable and in full force and effect.


18.  CALIFORNIA LAW GOVERNS.  VENUE IN ORANGE COUNTY, CALIFORNIA.BINDING PRIVATE ARBITRATION.  AUTHORITY TO AWARD COSTS.

Booking of a DT tour constitutes acknowledgement and consent by the consumer(s) that these terms and conditions constitute the full and complete agreement between DT and the consumer(s).  Booking of a DT tour also constitutes acknowledgement and consent by the consumer(s) that:  (1) these terms and conditions shall be interpreted, enforced and governed under the laws and judicial decisions of the State of California applicable to agreements made and to be performed in California, (2) the exclusive venue for any disputes arising shall be in Orange County, California, and (3) the exclusive forum for any allegations and/or disputes involving the consumer and DT shall be binding arbitration to be presented to one mutually agreed upon private arbitrator located in and licensed to practice law in Orange County, California.  The arbitrator shall have the authority to include in his/her opinion an award for some or all costs incurred in connection with prosecuting and/or defending any allegation.  


DavidTravel

310 Dahlia Place, Suite A,
Corona del Mar, CA 92625-2821
Tel:        949.427.0199

E-mail:  
info@DavidTravel.com
Web site: 
http://www.DavidTravel.com

CST # 2033267-40

DT-TermsConditions-3-17-00.doc