CUSTOM TOUR AGREEMENT TERMS & CONDITIONS
These Terms and Conditions apply to the Grand Canyon Guru Custom Tour Agreement
For all other terms and conditions, please refer to grandcanyonguru.com/terms-of-service
2. Tour Operator. Third Party Suppliers. Kaibab Media LLC, DBA Grand Canyon Guru (“GCG”), is registered with the State of Florida as a Seller of Travel and an IATAN accredited travel agency. Additionally, GGG acts as a “Tour Operator” meaning GCG organizes, promotes, and sells Custom Tour programs to the Grand Canyon and other nearby destinations, consisting of certain travel services that are provided by independent third parties. All travel activities and services provided in connection with, before, after or during a Custom Tour, including but not limited to, hotels, restaurants and other food providers, tour guides, local guides, ground operators, providers of Add-On Tours, providers of Optional Tour Activities and excursions, or transportation of any kind by any vessel, aircraft, bus or other mode of transportation, are supplied, managed, or otherwise provided by, owned and operated by independent third parties whose employees, facilities, products and services are not subject to GCG’s control (“Suppliers”). All Custom Tours are subject to the additional terms, conditions and limitations of liability which may be imposed by each applicable Supplier and/or Service Provider. You and all participating Travelers acknowledge they will be entering into a legally binding contract with each Supplier when booking a Custom Tour with GCG and agrees to be bound by any additional terms and conditions. You authorize GCG authority to enter into these contracts, book reservations, and make purchases from Suppliers on Your behalf.
3. GCG Limited Obligations. Limited Liability.
3.1. GCG is responsible for making travel arrangements through independent Suppliers and does not own, operate, manage, or control any hotel, establishment, vehicle or other mode of transportation, tour, or event company or provider that may be included in its package offerings. GCG makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, third-parties, products, or facilities. GCG is not liable for any claim for loss, damages, injury, death, cancellation, claim, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by a Supplier or any third-party including but not limited to: any negligent or willful act or failure to act; changes in rates; losses in connection with bookings, reservations, connections, or scheduling problems; losses arising out of the handling or loss of baggage or other personal effects; losses arising from any tour, activities, products or services, provided in connection with, before, after or during a Custom Tour, owned and/or operated by any Supplier or independent contractors whose employees facilities, conveyances, products and services are not subject to GCG’s supervision or control; any cancellation of any tour, excursion or transportation. GCG shall not be liable to Travelers for any emotional distress, mental suffering, or psychological injury of any kind, under any circumstances. GCG will not be liable to Travelers, Travelers’ companions, or group members for any claim unless the occurrence was due to GCG’s own gross negligence or willful fault.
3.2. You and each Traveler acknowledge and agree that in no event will GCG be liable to you or to any third party for any loss of use, revenue or profit, or for any special, consequential, incidental, indirect, exemplary or punitive losses, costs, damages, or expenses (“Damages”), regardless of whether the Damages were foreseeable and regardless of whether or not GCG has been advised of the possibility of such Damages, resulting from or related to any Custom Tour package, booking or travel arrangements. GCG shall not be responsible for any Suppliers breach of contract, failure to comply with any laws including the Americans with Disabilities Act (ADA). GCG is not responsible for a Suppliers failure to pay a refund or for Suppliers cancellations, insolvency, or bankruptcy.
3.3. GCG and its Suppliers shall not be held liable for any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interposition of any government or any subdivision or agent thereof, or by acts of God, acts of war, acts of civil disturbance or terrorism, government restrictions, outbreaks of infectious disease (including quarantines and limitations on activities that result therefore), utility or communications failures, strikes, fire, flood, war, weather, rebellion, insurrection, sickness, quarantine, epidemics, theft, or any other causes or circumstances that GCG could not, with reasonable care, control or prevent (“Force Majeure”).
3.4. Notwithstanding any Damages that you may incur, GCG’s entire liability under this Tour Agreement, and your exclusive remedy, shall be limited to the actual amount paid directly by you to the GCG for their services, and does not include any amounts paid to Suppliers. Nothing in this Tour Agreement shall limit or deprive GCG of the benefit of the applicable statutes or laws of the United States of America or other countries, providing for release from, or limitation of, liability. The foregoing limitations of liability shall not apply to the extent applicable law prohibits such limitation.
4. GCG Custom Tours. GCG facilitates the creation of Custom Tours designed to suit the unique travel goals of each traveler. Therefore, pricing, itineraries, inclusions, and terms will vary greatly for each you. Custom Tours will greatly vary, and Travelers should refer to their final Custom Itinerary and reservation information for specific inclusions/exclusions of the tour. Learn more about our Custom Tours online at: https://grandcanyonguru.com/grand-canyon-guru-pro
4.1. Private Guided Tour. Tour Guides. Private Guided Tours are Custom Tours designed by a GCG Destination Expert. Private Guided Tours include a Custom Itinerary, private transportation, tour guide, lodging, selected add on tours and experiences, unless specified otherwise in the booking confirmation. Private Guided Tours include private transportation and tour guides who accompanying Travelers and may assist with: hotel/campsite check-ins, equipment, tour commentary, reservation confirmation, organizing and issuing daily briefings, adhering to time schedules, and assisting with additional travel arrangements as needed during the tour.
4.2. Self-Drive Tour. Self-Drive Tours are Custom Tours designed by a GCG Trip Designer and Travelers use a rental or personal vehicle for transportation during the tour. Self-Drive Tours include a Custom Itinerary, rental car reservations (if selected), lodging, add on tours and experiences. Any tour guides will either meet Travelers once they arrive to certain locations to facilitate the Itinerary, or pick-up travelers at a predetermined location. GCG will reserve rental vehicles on your behalf, and Travelers are solely responsible for maintaining adequate insurance coverage on the rental vehicle, whether purchased through the rental car company or using person liability coverage.
4.3. DIY Tours. DIY Tours are Custom Tours designed by a Trip Coach, to be used as a roadmap by Travelers on a self-guided trip. The Custom Itinerary may include options for activities, destinations, lodging and meals, and can be used by Travelers to complete their own bookings and travel arrangements on their own (“DIY Tours”).
4.4. Add-On Tours. Travelers may have the option to reserve add-on tours to their Custom Itinerary at the time of booking with GCG. These add-on tours may be private tours or group tours, and the selected add-on tours will be included in the total Tour Costs due at the time of booking.
4.5. Optional Tour Activities. Travelers may have opportunities to participate in Optional Activities and/or local events which are not noted as included in the Custom Itinerary or tour costs. Optional Activities and events may include hiking, whitewater rafting, smooth water rafting, jeep tours, horseback riding, scenic flights, local festivals, concerts and other similar activities and events (“Optional Activities”). GCG makes no representations about the safety or quality of the Optional Activities or the respective Suppliers. You understand and accepts that any assistance given by GCG or its authorized tour guides to arrange any Optional Activities is done in good faith. GCG does not sponsor or endorse these Optional Activities and will not be held liable for any loss, claim, damage or injury resulting from Travelers participation. Travelers participation in Optional Activities is voluntarily and necessary precautions should be taken by each Traveler to ensure their own safety. Optional Activities and additional services not included in the Custom Itinerary and/or booking confirmation will incur additional fees, for which Traveler is solely responsible. Payment is generally made during the tour at the time the Optional Tour Activities are purchased.
4.6. Custom Tour Exclusions. Custom Tours DO NOT INCLUDE: travel insurance; international and/or domestic air transportation and related fees; costs associated with obtaining passports or entry visas; border fees; airport departure taxes; excess baggage charges and handling; gratuities to tour guides and private drivers, meals and/or beverages (other than those noted as included in the final Custom Itinerary); room service; personal expenses such as laundry, communication charges, internet access; Optional Tour Activities (which are subject to availability); or anything else not noted as included in the final Custom Itinerary.
4.7. Authority to Decline or Remove Travelers from Tours. GCG and its Suppliers including tour guides, reserve the right at their sole discretion, to accept, decline to accept, remove or disqualify any Traveler from the tour or provided transportation if in their sole discretion, deem necessary for the comfort, convenience or safety of the tour or other Travelers, including if Travelers behavior is deemed to cause or be likely to cause danger, distress or annoyance to other Travelers or if it is reasonably determined that Travelers condition would adversely affect Travelers health, safety or enjoyment, or that of other participants. If a Traveler is removed from a tour in progress, Traveler will not be entitled to any refund, payment, compensation, or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and Traveler will be solely responsible for any travel costs.
4.8. Tour Design & Trip Coaching.
4.8.1. Scope of Service. The specific details included in the Custom Itinerary for Custom Tours will vary greatly for each you. GCG’s Tour Design and Trip Coaching service includes the following: Destination Expert, Trip Designer or Trip Coach with extensive Grand Canyon experience and local knowledge; Custom Tour recommendations and Guru tips; One (1) thirty (30) minute custom tour review session; One (1) experience and lodging availability search; One (1) Custom Itinerary/Guide; One (1) thirty (30) minute Custom Tour design session; Thirty (30) days email support with up to ten (10) email support tickets (individual email requests). (“Tour Design Service”)
4.8.2. Service Conditions. Tour Design sessions are provided by appointment only and based on availability. Sessions are deemed cancelled if you are more than fifteen (15) minutes late. You are solely responsible for rescheduling. You shall notify GCG at least twenty-four (24) hours prior to any scheduled appointment of the desire to cancel or reschedule a session. GCG may make reasonable efforts to accommodate Your requests; however, GCG has no obligation to do so. All sessions including those requiring rescheduling must be completed within one (1) year from purchase. You are not relieved of any payment obligations for cancelled or rescheduled services and/or failing to attend sessions. Private Guided and Self-Drive Tours must be purchased within forty-eight (48) hours from receipt and acceptance of the Custom Itinerary. Tour Design Deposit Fees paid by Travelers will be applied to the total costs of the purchased Custom Tour and will be reflected on the final invoice. GCG may waive any Tour Design Fees, as deemed appropriate in GCG’s sole discretion.
4.9. Reasonable Efforts. Availability of Services. GCG will use reasonable efforts to incorporate your suggestions and desires when designing Custom Itineraries for its Custom Tours. However, you acknowledge the subjective nature of the service and grants GCG freedom to use their professional judgment in designing the Custom Itinerary, which may not include strict adherence to your suggestions. Your dissatisfaction with GCG’s judgment, creative ability and/or the subjective quality of the Custom Itinerary are not valid reasons for a refund of any kind. GCG will do its best to secure the services included in the Custom Itinerary; however, you acknowledge that the availability of such services is not guaranteed. Due to the nature of Grand Canyon area travel, published Custom Itineraries are for guidance purposes only and may be adjusted, at any time, due to unforeseen circumstances including: any weather, wildlife, medical emergencies, and any other conditions beyond GCG’s control, and at the sole discretion of GCG and Suppliers. You acknowledge that all tour duration, pickup and return times are approximate.
5. Reservations & Payments
5.1. Reservations. Additional Terms. All bookings of travel goods and services from Suppliers for purchased Custom Tours are subject to the additional terms and conditions of each Supplier. You acknowledge that a credit card may be required to hold and guarantee certain reservations, and you agree to promptly complete a Credit Card Authorization upon request by GCG or its Suppliers, if necessary.
5.2. You Communication & Reservation Accuracy. Your participation and prompt communication are essential for a successful trip. You are required to immediately and carefully review all Custom Itineraries, travel documentation, organized activities on tour reservation confirmations, and any pre-departure information provided by GCG and its Suppliers. You shall advise GCG immediately of any errors or omissions in any communication. Any incorrect information may result in cancellation of the booking, tour and/or the inability to travel or participate in the tour.
5.3. Tour Payments. Pricing. Additional Charges.
5.3.1. Tour Payments. Any payments made to GCG constitute Travelers acceptance of the terms and conditions and any additional terms provided in any pre-travel documentation, Custom Itinerary, booking confirmation or invoice. Custom Tour costs will vary based on Travelers selected Custom Itinerary. You are responsible for and agree to pay all deposits, costs, fees, taxes and penalties payable to GCG and/or Suppliers for the selected tour and are responsible for making all payments by the due dates communicated for each invoice.
5.3.2. Tour Design Fees. You agree to pay GCG the Tour Design Fee(s) outlined below, prior to commencement of the Tour Design & Trip Coaching Service. Tour Design & Trip Coaching services fees are subject to change.
5.3.3. Custom Tour Costs. Tour Payments. To secure reservations on any Custom Tour, full payment of the selected Custom Tour is required at the time of booking. The total tour costs for Custom Tours must be paid in full to secure a booking, and bookings cannot be confirmed until full payment is received. Custom Tours will be held available to purchase by You for forty-eight (48) hours following receipt and acceptance of a Custom Itinerary, subject to availability by Suppliers. Therefore, GCG cannot guarantee that an accepted Custom Itinerary will be available for purchase for the entire forty-eight (48) hours for which it is held. Add-On Tours costs are included in the total tour cost and must be paid in full at the time of booking the tour. GCG and Suppliers reserve the right to cancel reservations that are not paid in full at any time after payment is due, in which case cancellation charges may apply and any payments will be forfeited. Surcharges, taxes, or fees that go into effect or increase prior to the payment in full of Travelers invoice will be added to the invoice.
Custom Tour Design Fee Schedule
$150.00 USD/(one-time fee) for trips up to four (3) days
$200.00 USD/(one-time fee) for four (4) day trips
$250.00 USD/(one-time fee) for five (5) day trips
$300.00 USD/(one-time fee) for six (6) day trips
$350.00 USD/(one-time fee) for seven (7) day trips
$400.00 USD/(one-time fee) for eight (8) day trips
$450.00 USD/(one-time fee) for nine (9) day trips
$500.00 USD/(one-time fee) for ten (10) day trips
$50.00 USD for each additional day of travel over ten (10) days
Each additional day of travel over ten (10) days requires an additional fee of $50.00 USD/per day. If a Custom Tour is ultimately purchased from a designed Custom Itinerary the Tour Design Fees will be deducted in full from the tours final payment invoice. GCG may in its sole discretion, waive Tour Design Fees.
5.3.4. Optional Activities & Local Payments. Optional Tour Activities and items that are not part of GCG Custom Tour price will be billed as separate items on Travelers invoices. GCG ’s tour guides and/or Suppliers will collect payment for Travelers chosen Optional Tour Activities during the tour. GCG Custom Tours may require other local payments to be made to Travelers private tour guide or other Suppliers as detailed within the Custom Itinerary or other travel documents. Travelers agree to be responsible for payment of any additional tour related costs and fees agreed to prior to or during the Custom Tour.
5.4. Pricing. Additional Charges. Advertised prices are based on current rates of exchange, tariffs and taxes. Quoted tour prices are generally based on double occupancy and in U.S. dollars, except where indicated otherwise. You understand and acknowledge that many components of a Custom Tour are dynamically priced and that prices for certain components may fluctuate before and/or after purchase. GCG is under no obligation to give a breakdown in costs of any Custom Tour. Tour pricing, tax, fees, features and availability (including on GCG’s advertisements, website, and Supplier descriptions) are subject to withdraw or modification without notice. GCG and its Suppliers reserve the right to correct promotional or pricing errors at any time, or to increase its prices and implement surcharges to cover increased costs, tariffs, taxes and unexpected or unplanned fluctuations in global exchange markets, activity fee increases, or other reasons. Any modifications to the Custom Itinerary or reservations may result in repricing based on the current rates at the time the changes are made. All Custom Tours are subject to additional costs and fees including but not limited to tribal tax and the purchase of any required permits. Payment for any required permits will be collected at the time permits are issued.
5.5. Credit Cards Authorization. Chargebacks. If required for the Custom Tour, you agree to execute a Credit Card Authorization. You authorize GCG to charge the designated credit card for all applicable payments, including any change fees, price increases, or supplemental payments incurred. If Your credit card is declined, you shall settle any amounts owed to GCG and/or Suppliers immediately. You agree not to dispute any credit card charges or purchases made for the Custom Tour or related travel arrangements. GCG retains the right to investigate and dispute any improper chargebacks; to recover any costs, including attorney’s fees; and to cancel any tour or reservations related to improper chargebacks. The following, without limitation, are deemed improper: (1) Chargebacks resulting from non-cancellable reservations, whether or not used; (2) Chargebacks resulting from charges authorized by third parties with direct access to your credit card information; (3) Chargebacks arising from inconsistency or inaccuracy with regard to the GCG or Supplier’s descriptions; (4) Chargebacks resulting from force majeure or other circumstances beyond the control of GCG and/or its Suppliers; (5) Chargebacks resulting because you do not agree with GCG and/or Supplier cancellation, refund or other policies; (6) Chargebacks resulting because of Suppliers insolvency, bankruptcy, or failure to issue a refund to You. If your payment is disputed, charged back, diluted or revoked for any reason including the unauthorized or fraudulent use of the designated credit/debit card, you shall be held liable for all costs and/or damages incurred by GCG and agrees to pay all monies owed upon GCG’s notice to you of such charges. GCG reserves the right to retain any funds due to you such as refunds or credits to offset against any outstanding balance. You shall indemnify GCG against any loss that may be experienced due to any, declined charges, chargebacks or fraudulent use of any designated credit/debit card.
6. Traveler Changes and Cancellations. Refunds. Travelers acknowledge and agree that any reservation changes, modification, cancellation and/or refund are never guaranteed, and shall be in accordance with the terms of this Tour Agreement and each applicable Suppliers terms and conditions. Bookings may be nonrefundable and cancellation charges can be up to the total costs of the tour regardless of whether the Custom Tour or activity has commenced. Allowable changes and cancellations may incur additional fees, charges, and penalties. Traveler is solely responsible for payment of all additional costs or fees imposed by Suppliers, and any costs incurred by GCG for date changes, itinerary modifications and/or cancellations. Unless noted otherwise in a confirmed reservation, cancelation request must be submitted to GCG in writing at least seventy-five (75) days prior to any scheduled Custom Tour departure date. Tours cancelled within seventy-five (75) days of the tour departure date may forfeit one hundred percent (100%) of the total tour cost including any nonrefundable deposits, Tour Design Fees, purchased Add-On Tours and Optional Tour Activities, unless noted otherwise. If You decides to cancel a Custom Tour or portion thereof, you shall remain fully responsible for making any outstanding payments. If GCG is held liable for any change and/or cancellation request by a Supplier, you agree to indemnify GCG for the total amount of such associated costs. If a Traveler is unable to join a Custom Tour or cancels any tour or portion there of after the departure date, or if Traveler leaves a tour already in progress, Traveler will not receive any refund or reimbursement for any tour costs, including for any unused portion of the Custom Tour. Although GCG will attempt to accommodate Your requests for cancellations and/or refunds within seventy-five (75) days of a Custom Tour departure date, GCG is under no obligation to do so. GCG does not guarantee that any refunds will be issued for any reason. If the Supplier is unable to or refuses to issue a refund to you and/or GCG on your behalf, then GCG has no obligation to issue a refund to you. GCG is not responsible for a Suppliers failure to pay a refund or for Suppliers cancellations, insolvency or bankruptcy.
7. Reservation Changes. GCG Cancellations.
7.1. GCG Changes & Cancellations. All Custom Tours, travel arrangements, bookings and special request including special accommodations are subject to availability. Included Custom Tour features may not be available for all tours. Reasonable efforts will be made to operate Custom Itineraries and Custom Tours as planned; however, modifications, changes and cancellations may occur at any time after the Custom Itinerary has been issued. GCG and its Suppliers reserves the right to modify, change and/or cancel itinerary activities including, any arranged sightseeing and featured experts; substitute accommodations, including vessels, aircraft and trains; alter itineraries and routes due to conditions beyond our control such as traffic construction, weather and safety, and is not responsible for viewing conditions due to weather; to determine vehicle selection; and to cancel any tour offered for any reason. GCG reserves the right to withdraw any tour or part thereof and to alter the Custom Itinerary or Custom Tour inclusions at any time as it deems necessary or desirable due to unsafe conditions, unforeseen circumstances, emergencies, or any circumstances beyond our control. These changes will not be considered material changes and will not be considered cause for cancellation by Travelers. Any financial expenditures or losses to GCG caused by circumstances outside our control resulting in tour cancellation, delays, itinerary changes, or other adjustments, will be passed on to you. GCG will not be responsible for any expenses incurred by Travelers in anticipation of the cancelled tours including any non-refundable travel expense, coaching or equipment purchases, accommodation costs or similar. GCG or its designated Suppliers shall not be liable for any air carriers cancellation penalty incurred by purchase of a nonrefundable ticket to or from the tour departure city. GCG and Suppliers reserve the right, without penalty, to make changes to Tour Itineraries or bookings, in their sole judgement, whenever conditions warrant or deemed necessary for consort, convenience, or safety of Travelers.
7.2. COVID-19. You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled, or changes may be made to the Custom Itinerary due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in certain locations. Some locations may require Travelers to have a vaccination or proof of negative testing, additional testing requirements or documentation, including stopover countries and return trips. You are responsible for understanding all travel requirements and must not rely on GCG to provide these details. You understand that Travelers may become sick before, during, or after travel and/or may not be able to travel and such cancellation or interruption will be subject to GCG and the applicable Suppliers cancellation terms, for which GCG will not be liable.
8. Travel Insurance. GCG STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE COVERAGE FOR ALL TRAVELERS TO COVER CERTAIN RISKS INHERENT IN TRAVEL AND TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN MANY CIRCUMSTANCES. TRAVEL INSURANCE IS STRONGLY RECOMMENDED BY GCG FOR ALL TRAVELERS TO PROTECT FROM CERTAIN SITUATIONS THAT COULD CAUSE THE TOUR OR TRAVEL TO BE CANCELLED, INTERRUPTED AND/OR DELAYED RESULTING IN A LOSS OF TIME AND MONEY. SUPPLIERS CAN AND WILL IMPOSE PENALTIES EVEN IF TRAVEL IS CANCELLED DUE TO ILLNESS OR EMERGENCY. GCG STRONGLY RECOMMENDS TRAVEL INSURANCE TO COVER SUCH PENALTIES AS WELL AS EMERGENCIES BEFORE OR DURING TRAVEL. BY SIGNING THIS AGREEMENT, TRAVELERS AGREES TO PAY ALL CHARGES, FEES OR PENALTIES, AND HEREBY HOLD GCG FREE OF ANY CLAIMS MADE AS A RESULT OF CHANGES OR CANCELLATIONS OF A TOUR OR RELATED TRAVEL. DECLINING TO PURCHASE ADEQUATE TRAVEL INSURANCE COVERAGE COULD RESULT IN THE COMPLETE LOSS OF YOUR TRAVEL COST AND/OR REQUIRE ADDITIONAL FUNDS. GCG IS NOT QUALIFIED TO ANSWER TECHNICAL QUESTIONS ABOUT THE BENEFITS, LIMITATIONS, EXCLUSIONS, AND CONDITIONS OF TRAVEL INSURANCE PLANS, AND DOES NOT AND CANNOT MAKE RECOMMENDATIONS AS TO THE ADEQUACY OF THE COVERAGES. IF ANY TRAVELERS DECLINE TO PURCHASE TRAVEL INSURANCE COVERAGE, TRAVELER WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL TRAVEL RELATED LOSSES AND DAMAGES. GCG DOES NOT CONTROL THE POLICY LANGUAGE, POLICY PROVISIONS, CLAIMS HANDLING, INSURANCE ACCEPTANCE OR PROVIDERS NETWORK. BUYING AN INSURANCE POLICY IS NOT A GUARANTEE OF COVERAGE IN ALL CIRCUMSTANCES.
9. Traveler & Travel Information
9.1. Active Elements. By purchasing a Custom Tour, Travelers acknowledge the tours are adventurous by nature and may involve a significant amount of personal risk. In order to enjoy the selected tour as intended, a minimum level of fitness is required. Traveler is responsible for purchasing a tour that fits Travelers desired comfort level and only participating in activities that are suitable for the personal fitness level and capabilities of the traveling group. Specific Custom Tours and Suppliers may have additional requirements to participate in certain tour activities, such as minimum age or minimum/maximum height or weight, or for Travelers to produce a doctor’s certificate prior to the tour departure date.
9.2. Persons with Disabilities. Travelers must notify GCG prior to purchase if any Travelers have any special requirements, physical or other disability or pre-existing medical condition which may affect travel, the booking process, prevent participation in active elements of any tour, or could create a hazard for themselves or other Travelers. GCG will make reasonable efforts to accommodate a disability-related request for accommodation. GCG will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the Traveler requiring the accommodation. If GCG or its authorized Suppliers, in their sole discretion are unable to properly accommodate the need of the person(s) concerned, or believes health and safety may be compromised, GCG reserves the right to refuse participation in any Custom Tour or portion thereof. GCG and its Suppliers cannot provide special individual assistance to passengers with special needs for walking, dining or other routine activities or personal services. If Traveler has a condition that requires special equipment or treatment Traveler must bring and be responsible for all necessary items related to their condition. GCG is not liable for any injuries or damages Traveler may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
9.3. Minor Travelers. All Travelers must be eighteen (18) years of age or older to participate in GCG Custom Tours unless they are accompanied by an adult. The minimum age for children on select Custom Tours is four (4) years old, unless otherwise noted on the Custom Itinerary. Some accommodations require that minors below a certain age share a room with an adult. For parents or guardians traveling alone with a child it is recommended to carry documentation that proves the relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Travelers traveling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Travelers are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. GCG cannot be held responsible should the guest, child or any member of the traveling party be denied entry to a country or tour due to noncompliance with any applicable requirements.
9.4. Transportation. Seat Belt Policy. International and domestic airfare (to the tour starting point and from the ending point) is NOT included in Tour pricing. In the United States, state laws require that all passengers within tour operator vehicles wear their seatbelts at all times while the vehicle is in motion. Tour guides and drivers have been instructed to follow this policy, which does not allow any vehicle to move unless every passenger is wearing a seat belt. This requirement is not only for travelers safety but also for the safety of others in the vehicle. It is each Travelers responsibility to wear their seatbelt properly and at all times while the vehicle is in motion.
9.5. Accommodations. Most hotels allow check-in to take place during the midafternoon. Requests for early check-in cannot be guaranteed and are based on hotel availability at the sole discretion of each hotel. Upgrades may be available at individual hotels for an additional cost. Special requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of purchase. GCG will make reasonable efforts to secure special requests; however, GCG makes no guarantees.
9.6. Baggage. Baggage and personal effects are at all times the sole responsibility of each participating Traveler. GCG provides porterage of up to two (2) pieces of baggage per person. If additional baggage is needed, you are responsible for requesting approval from GCG prior to the tour departure date. GCG is not responsible for securing or protecting Travelers baggage or belongings at any time during any tour. Travelers should note that the included luggage allowance for airline carriers may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply for which Travelers are solely responsible for payment.
9.7. Photographs & Video. GCG reserves the right to take photographs and video during Custom Tours. By purchasing a Custom Tour, Travelers grant GCG the right and permission to use and publish Travelers image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without Travelers inspection or approval. Travelers will release and discharge GCG from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by GCG of Travelers image or likeness. If any Traveler prefers that their image or likeness not be used, Traveler must advise GCG in writing, no later than thirty (30) days prior to the tour departure date. Photographs and video of the tour may be submitted to GCG by Traveler or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to GCG a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sub-licensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge GCG from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo or video submitted.
9.8. Travel Documents; Passports & Visas. Travelers are responsible for having all the required travel documents and tickets prior to the tour departure dates, or as noted in the Custom Itinerary. GCG is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that a Traveler must cancel, delay or reschedule a tour due to expired or missing travel documentation, Travelers are responsible for all associated costs incurred. Travelers assume complete and full responsibility for, and hereby release GCG from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. The name, date of birth and gender that appears on Travelers passport or government issued ID must exactly match the same such data that is listed on airline ticket(s) and reservation records. When traveling internationally, it is important to ensure all Travelers have valid passports, visas and re-entry permits which meets the requirements of immigration and the government authorities. Many countries require at least six (6) months validity from the date of return, some countries also require a machine readable passport and/or unstamped available pages.
9.9. Travel Advice and Health Requirements. For medical information, we recommend contacting the Center for Disease Control at (877)FYI-TRIP or www.cdc.gov/travel. Traveler is responsible for understanding any health requirements and recommended precautions relevant to your travel and ensure that all Travelers carry all necessary vaccination documentation (e.g. proof of Yellow Fever vaccination), without these requirements, Travelers may be denied entry into a country or invalidate their travel insurance coverage. While GCG continuously monitors the areas visited, it is Travelers responsibility to become informed about the travel areas including any travel advisories and warnings issued by the U. S. State Department. Visit their travel website at www.travel.state.gov or contact them by phone at 1-888-407-4747.
10. Traveler Assumption of Risk. You understand and agree that traveling involves inherent risks, including property damage, risk of loss, injury or death from: motor vehicle collisions; roadway hazards; slips and falls; criminal or terrorist acts; government actions; consumption of alcoholic beverages, tainted food, or non-potable water; uncomfortable accommodations; exposure to the elements, including heat, cold, sun, water, and wind; travelers own negligence and/or the negligence of others including tour guides or other travelers, GCG and its employees members, agents, Suppliers 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 exertion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-parties 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, and any other similar risk. You understand the description of these risks is not complete and that unknown or unanticipated risks may result in loss, injury, illness, or death. You acknowledge and accepts all risks and uncertainty involved as being an inherent part of travel and in participating in adventure tours. By traveling at this time, you further acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risks involved with exposure and/or infection that you may be exposed, infected and or impacted by COVID-19 which may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time of booking. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling and beyond the control of GCG. Travelers are solely responsible for their own physical, mental and emotional well-being, decisions, choices, actions/inaction and results arising out of, or resulting from, their participation in the Custom Tour.
11. Hold Harmless and Release. Travelers on behalf of themselves, their heirs, assigns, personal representatives and next of kin (the “Releasors”) agrees to indemnify, defend and hold harmless GCG, its employees, members, agents, assigns, and suppliers (the “Releasees”) from and against any and all Claims arising out of or related in any way, in whole or in part from Travelers participation in any GCG tour. A “Claim”, as used in this Tour Agreement, means any claim, suit, action, action, lawsuit, causes of action, damage, demand, loss, liability or expense, including, but not limited to attorney’s fees, resulting from Travelers participation in the tour; force majeure; or any loss due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, to the fullest extent permitted by law. Travelers further agree not to sue GCG for any such Claims or join any lawsuit or action that is suing GCG. Traveler agrees to voluntarily hold harmless GCG for any and all claims, both present and future, that may be made by Traveler, Travelers family, estate, heirs or assigns. Traveler agrees to indemnify, defend and hold harmless GCG for any and all Claims arising out of or incident to Travelers participation in the Tour, except for Claims arising out of the sole gross negligence or willfuf misconduct of GCG, its officers or full-time employees.
12. Indemnification. You agree to and shall indemnify, hold harmless, and defend GCG, our affiliates, and our respective officers, directors, agents, employees, independent contractors, successors, and permitted assigns, from any and all claims, demands, losses, causes of action, damage, lawsuits, penalties, fines, costs, or expenses of actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, reasonable legal and accounting fees and the advancement of same incurred by GCG (“Losses”), arising out of, or relating to, any third-party claim involving or arising out of: a breach or threatened breach of any of Travelers representations, warranties, or covenants contained in this Tour Agreement; or failure by any Traveler under this Tour Agreement to comply with any applicable federal, state or local laws, regulations, codes or rights of any third party; or Travelers participation in the tour; or your use of GCG website and software. GCG shall give prompt written notice to you (“Claim Notice") after obtaining knowledge of any Losses or the discovery of facts on which GCG intends to base a request for indemnification and provide you with reasonable cooperation and assistance as You may request in the defense of such suit. GCG may select its own legal counsel to represent GCG’s interests, and you shall reimburse GCG for any costs and attorneys' fees immediately upon request as they are incurred and remain responsible to GCG for any Losses indemnified. You will reimburse each indemnified person for all reasonable expenses as they are incurred in investigating, preparing, pursuing, or defending any such action.
13. Electronic Communications. You acknowledge that GCG uses electronic signatures, agreements, notices, disclosures, and other communications, and hereby consents to their receipt. You agree that all electronic communications will satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any law requiring an original signature; delivery or retention of non-electronic records; or payments or issuing credits by any means other than electronic means.
14. GCG Work Product. Intellectual Property. GCG retains all right, title, and interest in and to any original works, created or produced pursuant to federal copyright and/or trademark law, intellectual property rights or other rights created, developed or acquired by GCG under this GCG Agreement (the “Work Product”). GCG grants to You a non-exclusive license to certain Work Product intended for your personal use only and without publication.
15. Dispute Resolution. Claims. Any claim, complaint, or request for compensation for any reason under this Tour Agreement must be made in writing and sent to GCG via email within twenty-one (21) days of the completion of Travelers Custom Tour and include any supporting documentation. Claims or complaints received by GCG after this deadline will not be accepted or reviewed. GCG may assist you with disputes with third party Suppliers as a courtesy at its sole discretion, but GCG has no obligation to do so, and is not liable and/or responsible for Suppliers. If any dispute arises that cannot be resolved by mutual consent, Traveler and GCG agree to attempt to mediate in good faith for up to thirty (30) days after Notice is provided. If the dispute is not so resolved, and in the event of legal action, the prevailing Party shall be entitled to recover attorney’s fees and court costs from the other Party.
16.1. Notice. Any Notice, request, demand, or other communication under this Agreement shall be delivered to GCG in writing via email at the address below. GCG will provide Notice to Travelers at the email address provided in the Tour Agreement.
16.2. Subcontracting. Successors and Assigns. You understand and agree that GCG has the authority to subcontract with Suppliers and other third-parties without receiving Your prior permission. You also understand that, because pricing arrangements between local tour operators and Suppliers can be subject to confidentiality agreements, GCG is not required to give You an itemized list of tour costs. This Tour Agreement may not be assigned or transferred by You without the express written consent of GCG.
16.3. Waiver. The waiver or failure of GCG to exercise or enforce any rights provided for in this Tour Agreement shall not be construed as a waiver or limitation of any other rights, or to subsequently enforce and compel strict compliance with any other provisions under this Tour Agreement.
16.4. Severability. If any term, provision, portion, covenant, or restriction of this Tour Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Tour Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
16.5. Entire Agreement; Amendments and Headings. This Tour Agreement along with the additional terms and conditions incorporated by reference constitutes the entire agreement between the Parties relating to the matters contained in this Tour Agreement and reflects a complete understanding of the Parties with respect to the subject matter. The headings found in this GCG Agreement are provided for convenience only and will not affect its construction or interruption.
16.6. Choice of Law/Jurisdiction. This Tour Agreement will be governed and interpreted in accordance with the laws of the State of Florida without regard to conflict of law principles. The location and jurisdiction for the resolution of any disputes arising under this GCG Agreement will be in the State or Federal court located in St. Johns County, in the State of Florida.