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1. Acceptance of
the Contract
Upon purchase of the
tour package, the terms and conditions set forth herein become a
binding contract between the Purchaser and B&B Charters. Acceptance
of this contract occurs when deposit is received by B&B Charters at
its office. Purchaser represents by tender of payment that the
itinerary has been reviewed and that it meets Purchaser's
expectations and request.
2. Definitions
a. The Tour Package
purchased by the Purchaser from B&B Charters consists of the
itinerary prepared by B&B Charters or its affiliates and the
vouchers for pre-paid travel services. The itinerary is the written
travel schedule listing scheduled daily activities and travel
services purchased. In the event of a difference between information
contained in the brochure and that contained in the itinerary, the
language of the itinerary shall control. Vouchers are coupons which
constitute evidence of pre-payment by Purchaser for various travel
services. B&B Charters is bounded by only the terms and conditions
contained on the vouchers it delivers to the Purchaser.
b. Confirmation of
travel arrangements. Travel Arrangements are not confirmed until B&B
Charters has received the required deposits and Purchaser has
received formal confirmation from B&B Charters.
c. Hotel/lodge
accommodations. It is anticipated that the hotel accommodations
shown in the brochure will be utilized; however, comparably
classified accommodations may be substituted at the time the
specific itinerary is prepared. Hotel accommodation classification
standards used at the location involved do not refer to standards
used at any other location.
d. Transfer refers to
transportation from one location to another, generally between and
hotel and, unless otherwise stated on itinerary, refers to a seat on
a bus, van, car or other vehicle. Determination of the
appropriateness of vehicle shall be determined by the provider of
the service.
3. Reservations and
Payment
To reserve space on
any trip, we require a deposit of $200-$3,000 per person, depending
on the specific tour program. Deposits are due no later than 10 days
from the date of the reservation. Early reservations are essential
to guarantee your accommodations on the date you wish to travel.
Reservations made within 60 days of the departure require full
payment, plus any additional charges for expenses incurred due to
special mailing, fax charges, etc. Final payment is due 60 days
prior to departure. If this final installment is not paid when due,
B&B Charters reserves the right to treat the reservation as
canceled.
4. Participation
Purchaser is
responsible for selecting a trip appropriate to his or her health,
physical abilities and interests. The right is reserved to decline
to accept or retain a person as a tour member for any reason which
affects the operation of the tour or the rights and welfare or
enjoyment of the other tour members.
5. Price of Tour
Package
The Tour Package price
includes all the pre-paid travel services represented by the
vouchers provided to the Purchaser, together with the charges by B&B
Charters for its services in preparing the itinerary.
a. All prices are
accurate and available at the time of publication, and include
charges for planning, operation and servicing the package. Prices do
not include airfare unless otherwise stated.
b. Until full payment
is received from Purchaser, prices are subject to change, due to
fluctuations in tariffs, exchange rates and other factors beyond B&B
Charters' control. If the group falls below the minimum passenger
requirement, the trip is subject to cancellation or repricing.
c. B&B Charters has no
obligation to provide Purchaser with any information concerning the
costs utilized in establishing the price of the tour package, either
before, during or after the tour is completed.
d. Price does not
include charges for passports, visas, inoculations, excess baggage
charges, trip cancellation or interruption, accident and baggage
insurance, or transportation not included in the itinerary, optional
tours, items of a personal nature, items not specifically listed as
included and international departure taxes.
6. Cancellation
Policy
All cancellations are
pursuant to the client’s scheduled lodge cancellation policy.
Refunds, if any, are given solely at the discretion of and by the
particular lodge you were scheduled with. B&B Charters fees are
non-refundable.
We strongly ENCOURAGE
you to purchase trip CANCELLATION insurance soon after registering
for a trip. In
the event that you must cancel your trip due to illness, family
crisis or other emergency, this insurance reimburses you for the
non-refundable trip costs. This insurance also provides for limited
accident and baggage coverage. You may purchase trip insurance
through your travel agent or obtain insurance forms directly from
B&B Charters.
7. Refunds
No refunds are given
for any unused pre-paid services included in the tour package or any
changes made in the itinerary while enroute, including changes in
hotel accommodations, excursions, and transportation services.
Charges included for services provided by B&B Charters are not
subject to refund.
8. Changes in
Itinerary by B&B Charters
B&B Charters reserves
the right to:
a. Make changes or
cancellations in services where such changes are made necessary by
circumstances beyond B&B Charters' control, including changing
carriers and substituting similar hotel accommodations for those
designated in the itinerary.
b. Cancel any trip due
to inadequate sign-up which makes the trip economically infeasible
to operate. In such cases, a full refund of the cancelled trip cost
is the limit of B&B Charters' liability.
9. Warranty
Disclaimer
No guarantees or
warranties express or implied, are made that the tour package will
meet all of the traveler's expectations, specifically regarding
weather or fishing/hunting conditions or productiveness.
10. Airfare
Considerations
B&B Charters cannot be
responsible for any part of the fishing or hunting package that
might be missed because of the cancellations or delays of commercial
airlines. B&B Charters will make reasonable effort to assist the
Purchaser in transferring to the fishing/hunting destination, but
Purchaser is responsible for any additional expenses incurred in
making this transfer.
11. Release
B&B Charters, its
affiliates and all cooperating airlines and agencies act only in the
capacity as agents in all matters of transportation and tour
operation, and their liability is limited to the terms of the
airline tickets and land accommodation contracts. Group organizers,
travelers and tour participants, individually and jointly, release
B&B Charters from any and all liability and responsibility, known or
unknown, present or future, for any and all loss, injury to person,
damage to property, or accident, or which may be the result of any
delay or change of itinerary, or irregularity connected with the
tour package purchased, which is beyond its control, included but
not limited to, acts of God, transportation problems, fire,
machinery or equipment malfunction or failure, government actions,
wars, civil disturbances, labor disputes, riots, thefts, sickness or
weather, and which includes all expenses or damages, direct or
consequential, claimed or sustained by group organizers, tour
participants, or travelers, and waive B&B Charters based on any
claim of negligence by any of the suppliers of services included in
the tour package.
The passenger tickets
shall constitute the sole contract between and the purchaser of
these tickets and/or passenger. All baggage shall be carried at
participants own risk. Purchaser is solely responsible for obtaining
necessary travel documents for the areas visited. This release is
binding upon group organizers, tour participants, travelers, their
representatives, heirs and assigns.
12. Choice Of Law
And Venue
All questions of law in any action
based upon any claim of breach of this agreement shall be determined
in accordance with the laws of the State of Oregon as existing at
the time of such action. Any action brought by either party based on
any claim arising under or as a result of this contract or based on
the tour package of which it is a part, shall be brought in a court
of competent jurisdiction in Wasco County, Oregon.
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