Terms & Conditions
By purchasing and/or participating in our tour package, you agree to be bound by these Terms and Conditions (“Agreement”), and acknowledge your receipt and understanding of them.
Introduction.
These are the terms and conditions applicable to the tour packages provided by Immersion Journeys (collectively “Immersion Journeys”, “we”, “us” and “our”). The terms “client” “you” and “your” refer to each person who purchases and/or uses a tour package provided by Immersion Journeys.
Benefits of Tour Packages.
Our tour packages offer services of a professional tour guide, accommodations, meals as outlined in the itinerary, transportation as specified in the itinerary and excursions and tours as outlined in the itinerary.
Immersion Journeys may, from time to time, offer you optional services or benefits. By using those services and/or benefits when they become available, you agree to be bound by Immersion Journeys terms, and its subsequent amendments. Final documents and tickets will be mailed by overnight or registered mail approximately two (2) weeks prior to the start of the tour.
Rates and Exclusions.
The rates and charges for tour participation are those established at the time the tour is booked with Immersion Journeys. Published rates and charges are typically “per person,” based upon double occupancy with en suite bath (unless otherwise stated). Single rooms are subject to a single room supplemental charge which are stated in the proposal. Expenses and terms not specifically identified in the applicable Immersion Journeys produced quotation are not covered. These include any paperwork or charges associated with: passports, visas, immunization, meals other than those specified, optional excursions, trip protection coverage, alcoholic beverages (beer, wine and liquor), all beverages excluding those provided in Immersion Journeys vehicles, telephone calls, room service, laundry, personal items, baggage handling, International airfare unless otherwise stated, gratuities and transportation to or from any departure gateway and any other costs that might be incurred not stated in tour package.
Fees and Charges. We accept the following forms of payment: major credit cards, bank transfer or checks drawn on a U.S. Bank. Credit cards will incur a service fee of 3-5% paid by the client.
You must promptly pay the following fees and charges for participation in an Immersion Journeys tour.
Airfare: Full payment per person is due in order to purchase airline tickets. Airline cancellation policy shall apply. Discounted airfare quote (if available) is subject to purchase of ground package.
Ground Package:A deposit of $500 per person per tour is required immediately to secure the tour and services
Balance: The balance of the tour price is due 60 days before departure.
Revisions:A fee of $125 per booking for each change made sixty (60) days or more prior to the start of the tour. The cancellation fees set forth below apply to changes made less than sixty (60) days prior to the start of the tour.
Cancellation: To cancel a tour you must provide a written notice to Immersion Journeys, and simultaneously pay the following cancellation charge based upon the amount of notice provided. Airline cancellation policies shall apply for cancelled tours:
| Fee | Number of Days of Advance Written Notice | ||||||
| $350 per person | Sixty (60) or more | ||||||
| 50 percent (50%) | Between twenty-one (21) and sixty (60) | ||||||
| One hundred percent (100%) | Less than twenty-one (21) |
There is no refund for unused portions of a tour once it has commenced. Cancellation penalties on airfare are additional and vary depending upon the applicable airfare. Immersion Journeys recommends that you purchase trip insurance to cover penalties and cancellation charges. Please contact Immersion Journeys for more details
Airlines and airfares included in any brochure are subject to change without notice. Please check with Immersion Journeys or your travel agent for conditions applicable to your airline ticket. The payment of a deposit, or other partial or full payment for a tour, constitutes your agreement and consent to all of Immersion Journeys Terms and Conditions and any general information contained in the applicable tour brochure.
Tour Participation.
In an effort to ensure successful and comfortable tours and services, we reserve the right to refuse the application of anyone and/or to expel any tour participant who, in the exclusive judgment of Immersion Journeys, is not compatible with the interest and well being of other tour participants. Immersion Journeys, its affiliates and related persons all act as agents for the hotels, lodges, travel providers, airlines, bus companies, railroads and the others who provide accommodations, transportation, meals, tours, sightseeing and other pertinent services included in a tour (collectively, “Vendors”). The Vendors concerned are not responsible for any act, omission or event that occurs during the time tour participants are not using their services. The then-current contract in use by each applicable Vendor when issued shall constitute the sole contract for the service being provided and shall be solely between the tour participant and the Vendor. Immersion Journeys is not a party to Vendor contracts, and shall have no liability for the acts or omissions of its Vendors. All vouchers, contracts and tickets issued by a Vendor are issued subject to then current tariffs, terms and conditions. Immersion Journeys is not responsible for costs incurred by a tour participant due to missed, canceled or delayed transportation. Anyone not utilizing pre-arranged transportation is responsible for the cost of any substitute transportation. No change in itineraries is expected, but we reserve the right to make changes if reasonable or necessary. Because of unforeseen circumstances, transportation may occasionally be delayed, extended or curtailed. Immersion Journeys reserves the right to accept or retain any tour participant or to cancel all or any portion of a tour. After refunding a pro-rata portion of any applicable payments, Immersion Africa will have no other obligation to tour participants.
IMMERSION JOURNEYS’ TOURS AND THEIR COMPONENT PARTS ARE PROVIDED “AS IS,” AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY OR PERFORMANCE (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION) ARE DISCLAIMED IN THEIR ENTIRETY.
Flights
a) All travelers must present a valid passport. Please visit your local consulate for travel requirements (VISA or other written verification). The airline cannot board any passenger who fails to carry proper documents. Immersion Journeys will not make any refunds due to your failure to provide the proper documentation.
b) In the unlikely event of flight delays Immersion Journeys shall not to be held liable for any act, omission or event during the time the passengers are not on board their aircraft or conveyance.
c) Flight delays are not considered as alterations to the program and as a consequence any compensation applied for from the Immersion Journeys is not applicable. In the event of a scheduled flight delay, cancellation or over booking, the Immersion Journeys cannot be held liable for any costs incurred. Any denied boarding compensation if applicable should be sought from the airline concerned and not Immersion Journeys.
d) Immersion Journeys cannot guarantee that flight times detailed on the itinerary will not change at short notice. If in any event they do, Immersion Journeys will make every available effort to assist in obtaining a suitable alternative flight. Clients shall be responsible for paying any additional charges incurred.
Security and Safety.
We are strongly committed to protecting your security and well-being. However, travel, safaris and sightseeing endeavors are inherently dangerous activities. Immersion Journeys strongly recommends that you exercise extreme caution when participating in tour events. Parts of your tour may involve high altitudes, hiking and/or driving over rough and dusty terrain.
All tour participants booking with Immersion Journeys certify that they are in good health, fit to travel and have no specific medical problems. It is the responsibility of each tour participant to obtain health and medical certificates, inoculations and vaccinations.
Any physical disability that may require special attention or treatment must be reported in writing at the time your reservation is made. Passage may be refused to any person whose state of health or physical conditions render them, in the opinion of the tour company or its suppliers, unfit. Children under sixteen (16) years of age must be supervised by parent(s) or guardian(s) who will bear ultimate responsibility of their actions. Immersion Journeys recommends that you purchase insurance to cover medical expenses, trip cancellation and interruption, and loss of baggage. Please contact Immersion Journeys for further details.
Information.
Information that Immersion Journeys publishes in its brochures, collateral material and on its web site is believed to be accurate and reliable. Immersion Journeys makes no representations or warranties regarding such information or any information provided by a third party. Unless expressly stated in writing, Immersion Journeys does not endorse the products or services offered by any company or person identified in its brochures, collateral material or web site, nor is Immersion Journeys responsible for any content published by a third party.
Force Majeure.
Any circumstances beyond the reasonable control of Immersion Journeys (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war declared or undeclared, sabotage, insurrection, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences).
If Immersion Journeys is affected by Force Majeure it shall immediately notify travelers of the nature and extent thereof. Immersion Journeys shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the traveler, by reason of delay in performance, or by non performance, of any of its obligations hereunder to the extent that any such delay or non performance is due to any Force Majeure.
If Immersion Journeys, and/or any of its’ travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Immersion Journeys to the traveler as a result of the non performance of any of Immersion Journeys’ obligations hereunder shall remain in its sole and absolute discretion although Immersion Journeys shall use its reasonable endeavors to reimburse the traveler where possible. However, Immersion Journeys shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Immersion Journeys of the Force Majeure.
Regarding civil unrest, once Immersion Journeys has investigated the prevailing situation, as it deems fit, it shall remain in Immersion Journeys’ sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, Immersion Journeys is of the opinion that the trip may proceed, no refund will be payable to the traveler and the provisions stated under Cancellations shall apply.
Indemnification.
You shall indemnify, defend and hold harmless Immersion Journeys and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with these terms conditions.
Additional Remedies.
Due to the likelihood of irreparable injury, Immersion Journeys shall be entitled to an injunction prohibiting any breach of these terms and conditions.
Termination and Changes in Terms.
Immersion Journeys reserves the right to terminate these terms and conditions or to change its terms (including any charges, fees or other items described) at any time.
Miscellaneous.
- Immersion Journeys may assign its rights and/or delegate all or a portion of its duties under these Terms and Conditions to any third party at any time without the consent or permission of any parties to these Terms and Conditions.
- If there is a conflict between these Terms and Conditions and one or more terms contained in another agreement between you and Immersion Journeys, these Terms and Conditions will control.
- No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by Immersion Journeys and the Client .
- If there is a conflict between any part of these terms and conditions and any present or future law, the part that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
- Any controversy or claim arising out of or relating to these Terms and Conditions, to the limits on Immersion Journeys responsibility clause, to the brochure, to the flier, to any information relating in any way to the trip, to the trip itself, or to any products or services related to the trip, shall be settled solely and exclusively by binding arbitration in the State of New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means, (b) arbitration is the exclusive forum for dispute resolution (no court actions), and (c) except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
