Terms and Conditions

TERMS & CONDITIONS

1. Registration and Payment

A deposit equal to 30% of the total price of your entire travel program is required at the time of booking. Notwithstanding, you acknowledge and agree that there may be certain components of your travel program which will require a deposit which may be greater than a 30% of the total price of your entire travel program. We accept payment via credit card, certified check, wire transfer or money order for your deposit. The balance is due 90 days prior to departure. If your reservation is made within 90 days of departure, the entire cost of the trip must be paid at the time of confirmation.

2. Cancellation

All cancellations of confirmed bookings are subject to a $350 per person administrative fee. Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including, but not limited to, hotels, transportation companies, tour guides, etc., used in the itinerary. Any cancellations which occur 90 days or more prior to departure will receive full refund minus the $350 per Participant administrative fee and minus any non-refundable paid fees as noted above. Cancellations which occur 60-89 days prior to departure will be subject to loss of deposit (equal to 30% of your Fleur de Lys Tour price). Cancellations which occur 45-59 days prior to departure will be subject to loss equal of 50% of your Fleur de Lys Tour price. Cancellations which occur 45 days or less will be subject to 100% of your Fleur de Lys Tour price.

3. Insurance

Although the Operator does not provide insurance coverage, you must have travel insurance from any insurance provider, with a medical, evacuation and repatriation coverage covering all applicable dates of travel with the Operator and any third-party cruise operator, charter vessel or tour operators which comprise any part of your travel program (hereinafter, “Medical Emergency Travel Insurance Coverage”). You acknowledge and agree that the Medical Emergency Travel Insurance Coverage must cover personal injury and emergency medical expenses. You further represent and warrant to the Operator that you shall obtain the required Medical Emergency Travel Insurance Coverage and that it is not the responsibility of the Operator to verify the quality or existence of your Medical Emergency Travel Insurance Coverage.

We also strongly recommend the purchase of trip cancellation insurance via any insurance provider. Baggage insurance is also recommended. In the event that you must cancel your participation in a travel program, trip cancellation insurance may be the only source of reimbursement. You acknowledge and agree that, in the absence of you purchasing trip cancellation insurance, you shall be subject to the cancellation fees provided for in Section 2 of these General Terms and Conditions displayed on this Agreement.

4. Passports and Visas

Valid passports are required for travel to most destinations. Check with the appropriate consulate or embassy for the latest visa requirements. It is your responsibility to obtain all proper documentation to travel, including but not limited to a passport, any required visas, reciprocity fees, affidavits, immunizations, vaccinations, etc. which are required for entry, departure and travel to each country or region which comprises part of your travel program. The Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Operator is not responsible for any errors or omissions in this information.

5. Changes

Any and all prices which comprise the whole, or a part, of your travel program are based on current rates of exchange, tariffs and taxes. The Operator reserves the right to increase the price of your travel program in the event of (i) increased costs from suppliers associated with your travel program, (ii) tariffs and taxes, and (iii) fluctuations in foreign exchange markets. Kensington Tours also reserves the right to withdraw a tour or any part of it to make such alterations in the itinerary or with the tour inclusions as it deems necessary or desirable and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. Itineraries and arranged sightseeing tours are subject to change at any time due to unforeseen circumstances or circumstances beyond the Operator’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.

In the event you request a change to your travel component, you acknowledge and agree that any such requested changes may incur additional fees charged to you by the Operator.

6. Promotional Photography and Video

The Operator reserves the right to take photographs and videos during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Fleur de Lys Tours, program members agree to allow their images to be used in such photographs and videos. Program members who prefer that their images not be used are asked to identify themselves in writing at the beginning of their tour.

7. Claims and Refunds

Refunds are not made for any missed services, except for verifiable extenuating circumstances, as such circumstances are determined in the sole discretion of the Operator as being meritorious of a full or partial refund (each, a “Verifiable Claim”). For Verifiable Claim(s), to be considered, you must (i) submit such claim for a refund in writing to the Operator within 30 days of the termination of the applicable tour, and (ii) accompany such claim for refund with supporting documentation. Any adjustment in price pursuant to a Verifiable Claim considered will be based on the actual price of the services involved in your travel program and not on a per diem basis. Adjustments in price pursuant to a Verifiable Claim will not be made for unused sightseeing trips or meals. The Operator will not accept any liability for any claims that are not received within 30 days of the termination of your travel program. All claims for refunds for days missed while travelling should be made in writing to the Operator within 30 days of the termination of your travel program.

8. Air Transportation

The Operator will not accept any responsibility for mistakes or errors in airfare bookings made by the Participant. The Participant will have detailed tour information, and it is up to the Participant to ensure the correct arrival and departure flight information from the tour start and end cities.

9. Limits on Responsibility

The Operator, acts solely as agents for the client with respect to all transportation, hotel and other tour arrangements. In that capacity, the Operator exercises all reasonable care possible to ensure the traveler's safety and satisfaction, but, the Operator neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveler or in affecting these tours. The Operator is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by the traveler, and tour rates provide for arrangements only for the time stated. The Operator is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event of cancellation, delay or rescheduling mandated by any of the aforesaid causes beyond the Operator's control, the Participant shall have the option of accepting in lieu of the original tour such rescheduled tour or other substituted tour(s) as may be offered, or else, receiving a refund of as much of such advance tour expenditures as the Operator can recover on the traveler's behalf from carriers, Cruise(s), third-party tour vendors, etc., but, the Operator shall not have any obligation or liability to the traveler beyond the foregoing. The Operator reserves the right to make alterations to the tours itinerary and to substitute hotels, vehicles, ships, or activities if this is required. The Operator reserves the right to cancel, delay, or reschedule any tour prior to departure, and, so long as this is not due to any of the aforesaid causes beyond our control, the Participant shall be entitled to a full refund of all monies paid to that point if he/she so desires, less any non-refundable deposits or uncollectible expenses incurred.

In addition and without limitation, the Operator is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

Risks: There are certain inherent risks in adventure travel of the type involved here. These include, but are not limited to, hiking, walking safaris, climbing injuries and altitude sickness, and in all trips dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Participant assumes all such risks with regard to these possibilities.

Travel Advisories/Warnings: It is the responsibility of The Participant to become informed about the most current travel advisories and warnings by referring to the U.S. State Department's travel website at www.travel.state.gov/ or by phone at 1-888-407- 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should The Participant still choose to travel, notwithstanding any travel advisory or warning, The Participant assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these General Terms and Conditions, to the Responsibility Clause, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration administered by the American Arbitration Association in New York, NY; (b) the dispute will be governed by New York Law; (c) the maximum amount of recovery to which a Participant shall be entitled under any and all circumstances will be the sum of all monies actually received from the Participant by the Operator. The Participant agrees that this is a fair and reasonable limitation on the damages, of any sort whatsoever, that a Participant may suffer. 

Participant Representations: The Participant represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. The Operator reserves the right to decline to accept anyone on a trip. The Operator reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other participants on the trip.

10. The Operator is not liable for any third party suppliers

Pursuant to providing you with your travel program, the Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, transfer operators, shore excursion operators, tour and local guides, villa owners and other independent parties (each, “Third Party Suppliers”) to provide you with some or all of the components of your tour program. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Operator takes all reasonable care in selecting Third Party Suppliers, the Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for the acts or omissions of Third Party Suppliers. Any services provided by Third Party Suppliers are subject to (i) the terms and conditions imposed by these Third Party Suppliers, (ii) their liability, as limited by the tariffs and policies of each Third Party Supplier, and (iii) the conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of the services of Third Party Supplier(s) (collectively, the “Third Party Terms & Conditions”). The Third Party Terms & Conditions may limit or exclude liability of any Third Party Supplier. You acknowledge that Third Party Suppliers are expected to operate in compliance with (X) the applicable laws of the countries in which they operate and (Y) the applicable Third Party Terms & Conditions. The Operator does not warrant that any Third Party Supplier is in compliance with the Third Party Terms & Conditions or the applicable laws of your country of residence or any other jurisdiction or the applicable to any Third Party Supplier. The Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any Third Party Supplier. The Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

Upon payment of the Deposit to the Operator, the Participant agrees to be bound by the above terms and conditions