It is important that you carefully read these terms and conditions (these “Terms and Conditions”) because they set forth the provisions of the contract between you and West Curated Travel, LLC, a Massachusetts limited liability company (referred to herein as “we”, “us”, “our” and “WCT”). These Terms and Conditions are incorporated into WCT’s standard booking form as if they were set forth in full in that document. The terms “I,” “my” or “you” refers to the customer who utilizes the services of WCT to book travel arrangements or travel and, in the case of customers that desire to book travel arrangements as a group or travel as a group, the term “you” refers to all members of the group collectively. By utilizing the services of WCT you agree to be bound by these Terms and Conditions.
1. Advance Individual Travel Bookings
a. Except in the case of a group booking for group travel (which is addressed in Section 2 of these Terms and Conditions), each customer must complete, sign and deliver to WCT a booking form which includes your agreement to these Terms and Conditions and Agreement at least 90 days before the date on which your travel is scheduled to commence (or by no later than such date as WCT may designate in writing). After WCT receives and accepts your properly completed booking form, WCT will furnish an invoice/conditional confirmation to the customer setting forth the estimated cost of your travel and other payment terms.
b. Within 72 hours following the time that WCT sends you an invoice/conditional confirmation of your booking, you must pay WCT as a deposit 30% of the cost of your booking. The unpaid balance is due at least 90 days before the date on which your travel is scheduled to commence. Your failure to pay WCT in a timely manner any of (i) the initial payments required to secure your booking (ii) the unpaid balance of the cost of your travel, or (iii) any other amount due and payable by you, shall result in the automatic cancellation of your booking and loss of your deposit and other payments you have made.
c. Notwithstanding the foregoing, some bookings require full payment at the time of booking.
2. Advance Group Travel Bookings
a. Except as provided in paragraph c. of this Section, in the case of a group booking for group travel, each member of the group must complete, sign and deliver to WCT a booking form at least 90 days before the date on which your travel is scheduled to commence (or by no later than the date WCT designates in writing). A booking form must be properly completed, signed and delivered by each traveler in your group. In the case of group bookings, after WCT receives and accepts properly completed booking forms from each member of your group, WCT will furnish invoices/conditional confirmations to you that set forth the estimated cost of travel and other payment terms.
b. Within 72 hours following the time that WCT sends you an invoice/conditional confirmation of your booking, you must pay WCT as a deposit 30% of the cost of your booking. You must pay WCT the unpaid balance of the cost of your travel at least 90 days before the date on which your travel is scheduled to commence. Your failure to pay WCT in a timely manner of any of (i) the nonrefundable deposit, (ii) the unpaid balance of the cost of your travel, or (iii) any other amount due and payable by you shall result in the automatic cancellation of your booking and loss of your deposit and other payments you made.
3. Late Travel Booking
In the event that your booking is made less than 30days before the date on which your travel is scheduled to commence, then you must pay WCT the total cost of your travel arrangements at the time of booking, and that payment shall be NONREFUNDABLE.
4. Late Booking Communication Expenses
If a booking is made less than seven days before the date that your travel is scheduled to commence, WCTreserves the right to charge you for any extra communications and other similar expenses that it incurs. You agree to pay in full all of these communications and other similar costs and charges immediately upon WCT notifying you of such costs and charges.
5. Price Changes
a. The costs imposed by travel suppliers for travel arrangements are not always stable. When you book your travel arrangements, we reserve the right to pass on to you all surcharges and other similar charges. However, if you purchase interstate or international air transportation through us, we will not surcharge you for any price increase after we secure final payment, except for increased governmental taxes. Solely for purposes of illustration, surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes and fees chargeable for services such as landing taxes and embarkation or disembarkation fees at ports and airports, hotel energy surcharges, increased fees by local ground or safari operators, etc.. In addition, you acknowledge and understand that travel suppliers often will not notify WCT of price or rate changes imposed by hotels. You agree to pay in full all of these increased associated with your travel arrangements (including, but not limited to, energy surcharges) within seven days after WCT notifies you of these costs. Also, if price changes occur with respect to any component of your travel arrangements after commencement of your travel, you agree to pay all increased costs and expenses imposed by airlines, hotels operators and other travel suppliers that are part of your booking.
6. Methods of Payment
a. Credit Cards: We accept Visa, Master, and American Express cards. It is within WCTs sole discretion to not accept a credit card issued by a bank or financial institution outside of the United States. If WCT accepts a credit card issued by a bank or financial institution outside of the United States, WCT may condition its acceptance of such a credit card upon our receipt of whatever additional information we may request.
b. Checks: WCT accepts personal checks. WCT may accept bank, treasurer, and other official checks, including travel agency checks issued by nationally recognized banks, financial institutions and travel agencies domiciled in the United States. Please be aware that WCT requires seven business days to clear the foregoing type of checks before it may issue travel documents.
c. Travel documents are prepared only after we receive properly completed booking forms from all travelers, and we confirm our receipt of full payment of your costs of travel. Except when we receive payment in the form of cash, WCT payment confirmation procedures include our receipt of confirmation from our bank or other financial institution that we have received good and available funds.
7. Travel and Other Insurance
WCT strongly encourages each traveler to obtain insurance from an insurer of your choosing that provides adequate coverage in the event you must cancel, postpone or change your travel plans, or if other circumstances exist or arise that interrupt or otherwise negatively impact your travel plans due to unforeseen or uncontrollable circumstances, including, but not limited to, illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and loss or damage of sports equipment. WCT is not responsible if you fail to obtain insurance or if you fail to obtain adequate insurance. WCT has no obligation to obtain or to assist you in your efforts to obtain adequate insurance. Should any of your insurers dispute liability for any reason, you shall have no recourse against WCT. Travel insurance is a complex product and we encourage you to read all insurance information that you obtain before the commencement of your travel so that you can ask any questions to the insurer prior to departure. Please note that various credit card issuers offer limited levels of travel insurance, which WCT does not consider sufficient to cover the risks associated with international travel.
8. Travel Documents
It is extremely important that you check all information set forth in your travel documents (including, but not limited to, details set forth in each of your vouchers, tickets, boarding passes and itineraries) well in advance of the day you commence travel. If there are any inaccuracies on any of your travel documents, or should you have any questions about any aspect of your travel documents, you should contact us immediately. WCT is not liable for any delay, inconvenience and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof and your travel has commenced.
9. Flight and Other Travel Timings
Flight departure and arrival times are provided by airlines and are subject to several factors including, but not limited to, airline scheduling changes, weather, security and air traffic control restrictions. There is no guarantee that flights, ferries, ships, trains, coaches and other means of transportation will depart or arrive in accordance with any announced times or any times stated on any itinerary or tickets which you receive. All such times are estimates only, and WCT is not liable for any damage or inconvenience that you may incur or experience that is directly or indirectly caused by any delay in your travel, however arising, or for any schedule alterations. You are responsible to check with your airlines as to scheduling, luggage restrictions, check in requests, etc.
10. Flight Reconfirmation
If you book international air through us, WCT will reconfirm the departure date and time of your international flights originating from the United States. After your travel commences, you are responsible for reconfirming the departure date and times of all your flights (including your return flights to the United States) not more than 72 hours prior to the scheduled departure of each of your flights (including connecting flights). You acknowledge that you understand that this task is particularly important with respect to subsequent flights involving travel outside of the United States. WCT is not liable for any damages, loss or inconvenience that you may incur or experience that is caused by any delay as a result of your failure to reconfirm any flight and/or connecting flight.
11. Unscheduled Extensions
In the event of an unscheduled extension of your travel caused by flight delays, poor weather conditions, strikes, or any other similar cause or circumstance that is beyond the control of WCT, you agree that all costs and expenses relating to any such unscheduled extension of your travel (including, but not limited to, hotel accommodation, etc.) shall be exclusively your responsibility. WCT is not liable for any damages, loss or inconvenience for any changes, omissions or delays before or during the course of your travel resulting from, among other things, technical difficulties, weather conditions, strikes or communication breakdowns.
12. Changes to Your Booking by You
a. If you wish to make any change to your booking, we will endeavor to assist you to make the change(s) you request wherever reasonably possible. You agree to pay all charges, of whatever kind, imposed by the airlines, ticket agents and travel suppliers providing that particular component of your travel arrangements when you change your booking prior to your initial departure. Fares will be re-quoted at the time any such changes are made.
b. After commencement of your travel, if you wish to make any change to your travel arrangements, you must contact WCT and request that we make any such change. We will endeavor to assist you to make the change or changes you request wherever reasonably possible. You agree to pay all charges, of whatever kind, imposed by the airlines, ticket agents, and travel suppliers as a result of any change to your travel arrangements after the commencement of your travel.
c. In addition to amounts charged by the airlines, ticket agents, and travel suppliers, WCT shall assess each traveler, and you agree to pay WCT an amount equal to WCTs then current administration fee per person for each change and/or cancellation, whether such changes are made before your initial departure or after commencement of your travel.
13. Cancellation of Your Booking by You
You must notify WCT immediately if you wish to cancel your booking (or any part thereof). You agree that you shall pay all applicable cancellation charges, foreign exchange fees, including, but not limited to, the following:
a. If you cancel your booking up to 90 days before the date on which your travel is scheduled to commence, regardless of the reason for your cancellation, you will be responsible for 100% of the cost of your airfare and 30% of the land costs. Depending on the class of service booked and the fare base, some airlines may give you a future travel credit in some amount.
b. If you cancel your booking less than 90 days before the date on which your travel is scheduled to commence, regardless of the reason for your cancellation, then you will be responsible for 100% of the price of the entire booking.
c. If WCT obtains a waiver or reduction of any such cancellation fees from any of its travel suppliers, WCT shall credit or refund you the amount of any such reduction.
e. If your booking is for or includes a package of travel services, you will be responsible for all cancellation charges, of whatever nature, imposed by the travel suppliers providing the package component parts of such travel arrangements.
14. Lost/Stolen Flight Tickets
a. Each traveler must report the loss or theft of any one or more of his or her airline tickets or boarding passes to WCT immediately. Certain airlines will not authorize WCTto issue a replacement airline ticket if the traveler’s ticket is lost or stolen before he or she leaves the United States. Under those circumstances, you may be required to purchase a new airline ticket, at your own cost, until such time as WCT receives authority from the airline to provide a refund to you, which authority could take up to twelve (12) months to obtain. Should the airline authorize WCT to issue a replacement ticket, WCT will do so subject to your payment of any re-issue fee applicable to each ticket.
b. Should your airline ticket or boarding pass be lost or stolen abroad, you acknowledge that you understand that certain airlines will not issue a duplicate ticket or boarding pass, and it will be your responsibility to purchase a new ticket abroad at the then applicable local airfare. Under those circumstances, upon your return to the United States you may make application to WCT for a refund of the amount you spent on the lost or stolen ticket. Any such refund, however, is entirely at the discretion of the airlines, and it may take up to twelve (12) months to authorize.
c. It is your responsibility promptly to report any lost or stolen airline ticket to the police and other law enforcement authorities and promptly to provide WCT with a copy of each such report.
15. Airline Refund, Change and Cancellation Procedures
a. Refund, change and cancellation policies of the various airlines vary greatly, and almost all airline tickets arranged by WCT are completely nonrefundable. WCT strongly encourages each traveler to obtain his or her own insurance from an insurer that provides adequate coverage in the event the traveler must cancel, postpone or change his or her travel plans, or if other circumstances exist or arise that interrupt or otherwise negatively impact your travel plans due to unforeseen or uncontrollable circumstances.
b. Under the rare and unusual circumstances that a refund is authorized by an airline, a refund will be made to you, less any applicable cancellation or administrative charges including, but not limited to, WCT administration charges.
c. If an airline ticket is purchased through WCT using a credit card or debit card, the refund will be applied to that credit card or debit card. Cash payments made by you will be refunded by check.
a. In the event that you have any reason to complain, or experience any problems with your travel arrangement after your travel has commenced, you must immediately inform the supplier of the services in question.
b. If you remain dissatisfied with the manner in which your complaint was dealt with, you must notify WCTimmediately so that we have a reasonable opportunity to resolve the problem. Failure to promptly give us the opportunity to resolve any problem in a timely manner may result in either an impairment, or complete loss, of any rights that you may have to claim compensation.
c. During your travel, WCT will make commercially reasonable efforts to resolve your complaint to your satisfaction. At the same time, you expressly agree that WCT is not liable for damages, loss inconvenience or other claims which arise as result of the actions or omissions of, one or more suppliers of a component part of your travel arrangements.
17. Passports, Visas and Health
It is the traveler’s sole responsibility to ensure that all passports, visas and other necessary travel authorizations and permits are current, valid and obtained in a timely manner. It is solely the traveler’s responsibility to ensure that all vaccinations, inoculations, prophylactics (e.g., for malaria) and the like, where required, have been obtained in a timely manner. All passports must be valid for more than six (6) months after your scheduled return to the United States. Please check these requirements with WCT and publicly accessible websites well BEFORE commencing travel. In connection with travel to South Africa, each traveler’s passport must have not fewer than four blank pages. WCT will endeavor to assist its customers but such assistance will be at WCT discretion and you acknowledge that in doing so, WCT is not assuming any obligation or liability, and you agree to indemnify, and to hold WCT harmless against any consequences of non-compliance. It is completely the traveler’s responsibility to become familiar with the inherent dangers of and mental and/or physical condition required for or otherwise associated with the proposed travel arrangements. Each traveler must ensure that the infoRmation about his or her passport, visas and other similar information supplied to WCT is identical to the information that appears on his or her passport, visas and other travel documentation for international travel and identification documents for local travel.
Vaccination and other health related issues should be discussed with your doctor. WCT cannot advise on such issues.
18. General Information
a. Special Requests: When possible, we will communicate special requests that you may wish at the time of booking, but acceptance of such requests is at the discretion of the airlines or other travel suppliers. You acknowledge that you understand that under no circumstances are special requests guaranteed. Confirmation that a special request has been noted or communicated to an airline or travel supplier, or the inclusion of the special request on your confirmation/invoice or any other documentation does not constitute any assurance that the request will be satisfied.
b. Medical Problems: Travel outside of the United States can be very demanding, both physically and emotionally, and access to medical care may be limited. Each traveler must be aware of his or her own condition, limitations, disabilities, and needs, and the extent to which travel may be affected by those circumstances. If and to the extent a traveler may need or want assistance or an accommodation, it is the traveler’s responsibility to let us know and to provide us with sufficient information so that we may determine whether assistance or a reasonable accommodation can be arranged. We reserve the right to cancel the reservation of any traveler if we believe the proposed travel will pose a safety risk to the traveler or to other members of his or her travel group, subject to applicable law and regulation.
c. CDC and State Department Information: We strongly recommend that tour participants review the destination country’s specific information at: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/ and
https://wwwnc.cdc.gov/travel/notices, both of which contain important information.
d. Renovations, Repairs and Maintenance: Hotels undergo renovations, repairs and maintenance from time to time. We are not liable for any damage, loss or inconvenience that you incur or experience resulting from any hotel that is carrying out renovations, repair or maintenance while you are a visitor or guest. It is important to remember that renovation, repair and maintenance plans of hotels are subject to change and more often than not we are not notified of any such change.
e. Charges to Your Credit Card and/or Debit Card: Any charges made to your credit card and/or debit card are exclusively your responsibility.
f. Driver’s Licenses: Even if you have obtained an international driver’s license, it is your responsibility to carry your national driver’s license with you throughout the time you are traveling.
20. Limitation of Liability and Release
WCT does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels, tents or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground or safari operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, WCT is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, WCT is not responsible for any injury, loss, or damage to person or property, death, delay, or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of WCT In addition, I release WCT from its own negligence and assume all risk thereof.
21. Assumption of Risk
Travel such as you are undertaking may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of WCT, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Medical services or facilities may not be readily available or accessible or consistent with standards in North America during some or all of the time during which you are participating on the trip and that when available may not be of the quality which exists in North America. You hereby accept and assume full responsibility for any and all such risks of illness, injury, inconvenience or death.
WCT reserves the right to change hotels, lodges or other features of the trip’s itinerary if WCT believes it will enhance the safety, comfort or enjoyment of the trip, or to cancel the trip prior to departure with participants’ sole recourse to be refunded those moneys paid to WCT for the trip. WCT reserves its right to decline to accept or retain any participant whose health or actions, in WCT sole judgment, impede the operation of the trip, create a risk of injury to the participant or others or the welfare or enjoyment of the trip as a whole.
Baggage and personal property are at participant’s risk entirely throughout the trip.
Should any provision or aspect of these Terms & Conditions and Agreement between Traveler and WCT be found to be void or unenforceable, all remaining provisions will remain in full force and effect.
23. Photograph Authorization Form
I grant permission to WCT to take and use photographs/digital/electronic images, video, livestreaming, audio recording or quoted remarks of me for use in promotional or educational materials, including printed or electronic communications, publications, web sites or other video communications. I authorize the use of these materials indefinitely without compensation to me.
24. Medical Authorization
I authorize WCTand the local ground or safari operator to make medical decisions for me which in its, his or her sole judgment are necessary if I am incapable of making such decisions. I am responsible for any medical expenses related to same or otherwise incurred by me.
25. Binding Arbitration and Choice of Law
Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Massachusetts law and will take place in Boston, MA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, both parties are waiving their right to a trial by jury.
26. Integrated Contract
This is an integrated agreement, and supersedes any previous writings or discussions by and between the parties.
Your destination(s) may have pre-travel testing requirements for entry and/or exit due to COVID-19. West Curated Travel will make every effort to keep you updated on the Covid requirements. By signing below, you understand that you are responsible for obtaining the appropriate documentation/testing for entry for all travelers within your party. Many tourism boards & hotel properties provide this information on their websites. The situation with COVID-19 is a fluid situation where requirements are changing consistently and while West Curated Travel will provide regular updates on entry requirements, you are responsible for ensuring that you are compliant at the time of travel.
If testing is required, please note that many destinations do not allow home tests or antigen tests. West Curated encourages that you verify all testing is within the appropriate time period of departure and that you have received the correct form of testing for your destination(s).
The choice to travel is a personal decision and all travelers are responsible for following all airline and vendor protocols.
By signing below, you acknowledge that you, on behalf of your entire party, are in agreement and understanding that West Curated Travel and/or it's hosting agency/consortia does not claim liability for any losses due to a lack of COVID-19 pre-travel compliance or cancellations due to closures. In addition, you understand that travel involves the risk of a variety of hazards to health and/or safety (including but not limited to injury, illness, death), of which West Curated Travel is not responsible.
28. Voluntary Participation
I acknowledge that I have voluntarily applied to participate on the trip designated on my booking form (or a trip which I may book at a later date) and that I have read/will read the description of the trip together with all information concerning the trip which is sent to me. I am voluntarily participating in this trip with knowledge of the risks involved.