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 consumers 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, DTs 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 recommended.
Considering 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 consumers sole
responsibility to discuss and analyze all insurance coverage and
coverage issues with the insurer(s) and the consumers 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
consumers 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 bellmans 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
consumers 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 persons general deportment
impede the operation of the tour or the rights or welfare or
enjoyment of other tour participants. DTs 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
DTs 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 DT. OUR 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 guides
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
DTs 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