We at Beija Flor Travel, Inc. strive to bring you the best travel experience. The following terms and conditions apply to all travel products and services purchased from Beija Flor Travel, Inc. Please review these terms in detail, as by purchasing any travel product or service, you are bound by the terms set forth in this agreement.
These terms and conditions are in effect as of December 1, 2024.
DEFINITIONS
“Deposit” refers to the amount of money paid to Beija Flor Travel, Inc. to reserve the Passenger’s trip.
“Final Payment” or “Final Payment Date” refers to the date the vacation must be paid in full.
“Sponsored Group” refers to groups lead by Beija Flor Travel, Inc. or its representatives, shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns.
“Company” refers to Beija Flor Travel, Inc. and/or its representatives, shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns.
“Travel Proposal” refers to the itinerary proposed by Beija Flor Travel, Inc. for sponsored travel.
“You”, “Your”, “Passenger” refers to you, the traveler and all individuals in your traveling party.
PASSENGER AGREEMENT
The Company will work with You to provide a memorable travel experience. The Company does not provide the travel services but partners with various local birding guides, tour operators and travel providers to bring that experience to You. As the passenger, You understand that the Company acts as an intermediary between You and third-party suppliers who have their own terms and conditions. The terms and conditions of this Passenger Agreement is only between You and the Company and not other parties.
By submitting a deposit or payment, You:
1. Formally accept the Company’s Terms & Conditions as stated herein.
2. Give the Company permission to accept the terms & conditions of the third-party suppliers on your behalf. The Company’s Terms & Conditions applicable to your trip will be provided in your travel proposal.
3. Agree to abide by the terms & conditions and policies of both the third-party supplier and the Company.
Any violation of the terms and conditions will constitute a breach of your travel contract and may include cancellation of your travel reservation and forfeiture of all payments.
TRAVELERS
The Company serves clients based within the United States. All clients must be 18 years of age or older to purchase travel services. Any travelers under the age of 17 must be accompanied by a parent or guardian 18 years of age or over. If an underaged traveler is not traveling with a parent, the Company requires parental consent via a notarized letter authorizing the child to travel with the guardian. In addition to the Company requirement, some countries have entry requirements for minors not traveling with both parents. For either scenario, please contact the Company for further information.
REQUIRED IDENTIFICATION
The Company strives to facilitate a worry-free travel experience. Please see below for the documentation required to travel. The Company is not responsible for any travel related issues, denial of travel, or increased costs due to the Passenger not having the correct documentation.
DOMESTIC TRAVEL: If You are traveling within the United States or any of its territories, valid state-issued identification is required. This can be a driver’s license or state photo identification. This identification should be part of the Real ID program. If it is not, a valid passport would be required. For more information on the Real ID program, please go to the US Department of Homeland Security’s website at https://www.dhs.gov/real-id.
INTERNATIONAL TRAVEL & CRUISES: To travel internationally including via a cruise, a passport is required. The passport should be valid for six (6) months beyond your travel dates and should have at least two (2) blank pages. Children need to have valid passports as well. For more information, please go to the US Department of State website at www.travel.state.gov.
NON-UNITED STATES PASSPORT HOLDERS: If you hold a passport not issued by the United States, please check with your respective country or consulate regarding the rules for travel and entry prior to securing travel with the Company. The Company is not responsible for denial of travel or entry for those with non U.S. passports.
PAYMENTS, CHANGES & CANCELLATION
PAYMENTS: The Company only accepts payments in United States Dollars. Payments can be made online via Automated Clearing House (ACH) or major debit and credit cards. Accepted cards are: Mastercard, Visa, Discover and American Express. The credit or debit card should be in the name of the party on the travel reservation. Payments will not be accepted over the phone, nor vial email or physical mail.
DEPOSIT: All deposits are NON-REFUNDABLE. Travel reservations are not confirmed until a deposit is made. Your travel proposal will reflect the amount required to confirm Your vacation. Unless stated otherwise, prices may fluctuate between the time a quote is rendered and when the deposit is made.
PAYMENT PLANS: The Company is pleased to offer a monthly payment plan for its tours/trips if reservations are made sixty (60) days or more from the date of travel. For tour/trip reservations made less than sixty (60) days from the date of travel, full payment is due upon booking.
FINAL PAYMENT: Reserved travel plans must be paid in full on or before the final payment date. The travel proposal/itinerary will state the date the final payment is due. Any reservations not paid in full on or before the final payment date is subject to cancellation, with no notice and no refund of payments made since the failure to make the final payment is a breach of this Agreement entitling the Company to all payments as liquidated damages and are NON-REFUNDABLE and NON-TRANSFERABLE.
LATE PAYMENT: If the Passenger travel itinerary is not paid in full by the final payment due, a late fee $50.00 will automatically be assessed one day after the final payment date. This fee is non-refundable and non-negotiable.
REINSTATEMENT OF RESERVATIONS: If the Passenger’s travel reservations have been cancelled, and the Passenger notifies the Company within 14 calendar days of cancellation that they want to reinstate the reservation, a service reinstatement fee of $50.00 will be added to the Passenger invoice and must be paid in advance in order to apply for reconfirmation of services.
In the case where a reservation is canceled and reinstated, it is not guaranteed that the Passenger will receive the same exact itinerary for the same price. This will be considered a new reservation and subject to the pricing and terms and conditions at the time the reservation is reinstated. The Passenger understands that they will be responsible for any increase in travel costs upon reinstatement of the reservation.
TRAVELING WITH A ROOMMATE: If the Passenger is traveling with a roommate, to receive the best prices, the Passenger and the roommate must reserve the travel itinerary at the same time. If the roommate chooses not to travel after the reservation is made, the roommate will be subject to the cancellation policies stated in these terms & conditions and in the travel proposal. The traveling Passenger will be subject to an increased fee in the form of a single occupancy rate or the travel package may need to be requoted and rebooked. The traveling Passenger must contact the Company to determine the best course of action. The Company does not offer roommate matching services and is not responsible for any increased costs or other monetary damages if a roommate chooses to no longer travel. Unless stated otherwise in the proposal, monies deposited are not transferable.
GROUP TRAVEL
SPONSORED GROUP: The Company sponsors group travel for adventurous birders. These group trips include additional amenities, such as ground transportation, cultural points of interests, and meals outlined in the itinerary. Additional terms may be included in the group travel itinerary. These terms & conditions are incorporated in the group travel itinerary. If any of these terms contradict the terms of the group travel itinerary, the terms of the group travel itinerary will prevail.
Travel Conditions: All birding trips are scouted and approved by the Company prior to offering to the public. This is to ensure that all participants enjoy the best birding experience. The tour/trip itinerary may include early start times (sometimes before dawn), as well as activities that run into the late evening. The accommodations may be rustic, as they may be the closet available accommodations to view particular birds. The tour/trip will be in nature for the majority of the travel experience. There may also be lengthy drive times between birding locations.
The Company will put forth its best effort to adequately describe the travel conditions and what to pack for each trip. It is also important for the Passenger to be adequately prepared for the conditions. Due to the nature of travel, there are certain conditions that are not within the Company’s control. The Passenger agrees to hold the Company and its representatives, shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns harmless from, including, but not limited to, the following items:
• Failure to view target birds and other wildlife.
• Excessive or adverse reactions to insect bites.
• Injuries from animals in nature, such as snakes, bears, lions, elephants, etc.
• Physical injuries or illness that may occur or injuries caused by being out in nature.
Meals: As specified in each itinerary, meals are based on the hotel’s or restaurant’s buffet or set menu. In general, beverages are not included, unless specifically stated. Although the Company cannot make guarantees, every effort will be made to honor special dietary requests submitted during the online registration process or in writing at least 4 weeks prior to departure via email to info@beijaflortravel.com.
Accommodations: The Company group travel accommodations are generally based on double-occupancy with a two-bed configuration. If other bed configurations are required, this must be stated at the time of reservation. Alternate bed configurations are not guaranteed and are at the discretion of the hotel. Our group reservations are at hotels that rate as 4 star and above. Alternate group hotel reservations may need to be made for reasons outside of the Company’s control. If this is the case, the Company will seek to find alternate accommodations at a similarly rated hotel or higher. There may be an increased cost to change hotel accommodations. The Company will make a best effort to not have an increased cost if the hotel changes, but the Passenger will be responsible for any price difference if the Company is unable to change the hotel without incurring an additional fee.
Luggage: All Company escorted tours allow one piece of luggage per person, plus one carry-on bag. It is understood that the airline may allow Passengers to check more than one-piece of luggage. For the sake of the group tour, we can only allow for one piece of luggage. Since the Company is not be responsible for loss or damage to luggage and personal belongings, the Passenger MUST report any loss or damage immediately at the time of the incident and obtain a written report from the local authority if the Passenger wishes to submit the claim to their insurance provider.
Ground Transportation: For tours/trips outside the United States, the Company may include airport transfers upon arrival and departure from the travel location. The Company will suggest air arrival and departure times. The Company will use its best efforts to secure safe and reliable transportation within the suggested arrival and departure times. The Passenger will be responsible in securing their own airport transfers at their own expense if their arrival and or departure times are outside the timeframes recommended by the Company. If applicable, it is the Passenger’s responsibility to provide the Company with information necessary to secure the ground transportation upon arrival to/departure from the tour/trip location at least four (4) weeks prior to the date of travel. If the Passenger is unable to meet the ground transportation provider at the scheduled date/time, regardless of the reason, the Passenger is responsible for any and all costs associated with the cancellation/rescheduling of the ground transportation. Ground transportation costs are non-refundable.
Upgrades & Additional Excursions: The Company may offer upgrades and additional excursions to the travel experience. These upgrades and additional excursions may be at an additional cost to the Passenger, are not guaranteed, and are subject to availability.
Sightseeing & Itinerary: The Company birding trips are designed to accommodate groups. Some itineraries may have early morning start times in order to optimize the ideal time for viewing birds. It is the Passenger’s responsibility to arrive on time for all scheduled itinerary components. With many of the preplanned tours, it is vital that the group remains within the scheduled time. If a Passenger is running late, there is no guarantee that the group will wait. The Passenger is responsible for all costs and additional fees or penalties incurred if they fail to meet the group at the prearranged time.
The Passenger understands that the Company’s itineraries include cultural activities and other points of interest in addition to birding. The Passenger is not required to attend all components of the tour. If the Passenger chooses not to attend any or all of the tours, there is no refund, partial or otherwise for that trip. Arriving late may be considered a “no-show”, in which case the Passenger will not be eligible for refund for the unused service(s).
The Company cannot guarantee the number of passengers who will be on any given tour. The Passenger may find that they are traveling with a sizeable group or only with their own companions. Services, however, will remain constant no matter the number of trip participants. Persons requiring any assistance or who have any form of disability should refer to section “Travelers with Disabilities”.
On dates including, but not limited to religious holidays and national celebrations, some monuments and sites may be closed. On these occasions, touring itineraries may be amended to reflect these closures. Occasionally, during holidays and certain periods, and/or due to unforeseen circumstances including weather conditions there may be last-minute changes, sometimes after arrival, in affecting the sequence of the tour or locations visited. Therefore, the Company reserves the right to adjust the tour. In such cases there will be no cost adjustment.
National monuments and tourist sites regularly undergo renovations, which can obscure the monument’s view. No tour will be canceled due to renovations; however, the Company has the right, based on the conditions, to amend an itinerary. The Company itineraries may contain suggestions for activities for Your leisure time; these suggestions do not constitute an endorsement of any specific service provider and the decision to participate in any such activities should be made by You independently with due consideration and at Your own expense.
The Passenger is responsible for bringing the necessary documentation when sightseeing and attending the attractions or excursions. The Passenger is responsible for confirming that they have the proper documentation or risk being unable to participate in that activity or attraction. The Company will not be held responsible if the Passenger is unable to participate in the activity or attraction because they do not have the proper identification or documentation and no refund will be given, partial or otherwise, because the Passenger was unable to participate in the activity.
Group Harmony: To ensure the desired group synergy, the Company reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs, theft, fighting, not following the rules and laws of the destination, hotel/resort, etc. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, is the sole responsibility of the Passenger and their traveling companions. All unused services are non-refundable.
INTERNATIONAL TRAVEL REQUIREMENTS
International locations have different entry rules and requirements than traveling within the United States. Preapproval or a visa may be required prior to entry. It is the Passenger’s responsibility to ensure that they meet eligibility requirements and have the proper documentation to enter another country. This information can generally be found at the country’s consulate website. The Company is not responsible if a Passenger is denied entry into a country for any reason, including, but not limited to, not possessing the proper visa or having a criminal record.
The Passenger is also responsible to consult with the appropriate consulate to determine exit requirements, as well as health certificate, testing, and vaccination requirements.
POLICIES OF COMMON CARRIERS
GENERAL POLICIES: TSA regulations require that Passenger information entered into common carrier reservation systems match the Passenger’s information as listed on their passport or other government-issued identification. Passengers are responsible to provide the Company with the correct spelling and listing of their name as it appears on their passport (or other government-issued I.D.), as well as date of birth, gender, address, phone number, and email for all Passengers traveling together. Passengers are responsible for ensuring that the identifying information listed on their invoice and travel documents are correct. The Company will not be responsible for Passengers who incur fees or are denied travel due to inaccurate information.
AIRLINES: Airline schedules and flights are subject to change without notice. The Company is not responsible for penalties incurred for tickets, international or domestic, due to schedule and/or flight changes or missed flights. No refunds will be issued by the Company for trips missed in whole or in part due to airline delays or cancellations. In general, the Company does not book airfare on behalf of Passengers.
CRUISES: Cruise itineraries, cruise cabins and ships are subject to change without notice. The Company is not responsible for ship substitutions, cabin changes or itinerary changes imposed by a cruise line and is not responsible for any losses You may incur including the issuance and/or cancellation of airline tickets or visa fees.
HOTEL ACCOMMODATIONS: All rooms requested will be based upon Passenger specifications at the time the travel itinerary is confirmed. Please understand that although the Company will make a bed type request on behalf of the Passenger, bed types are subject to availability. Room selection in all cases is strictly at the discretion of the hotel’s management on a run-of-house basis. Hotel check-in and check-out times will be listed on the final travel itinerary. It is Passenger’s responsibility to confirm hotel check-in/checkout times. All hotel rates are based on the Company’s agreements with its suppliers and are not negotiable.
HOTEL/RESORT/CRUISE DEPOSIT: Some hotels/resorts/cruises may require a security deposit to pay for any damage caused to the accommodations or to cover incidental charges (room service, parking, etc.). The amount of the deposit is determined by the hotel/resort/cruise. It is advised that the Passenger use a major credit card for the security deposit. If the Passenger choses to use a debit card, the money will be withdrawn from the Passenger’s bank account and it will not be refunded until the conclusion of the stay. The processing time for the refund is determined by the Passenger’s banking institution.
GROUND TRANSPORTATION: Transfers may be provided either via a car, jeep, minibus, or motor coach, depending on the number of Passengers traveling and at the Company’s discretion. Ground transportation generally waits up to one (1) hour after plane arrival. If the Passenger does not meet the ground transportation within the outlined timeframe, the transportation may be cancelled with no refund. Transfer costs are nonrefundable, and any additional expenses will be the Passenger’s responsibility.
HEALTH & SAFETY
MEDICAL SERVICES: If a Passenger needs medical attention local medical services providers will be contacted. Resulting charges will be the responsibility of the Passenger. The Company is not responsible for the services provided. It is highly recommended that the Passenger secure travel insurance in case there is an unforeseen need for medical attention.
HEALTH REQUIREMENTS: Check with your healthcare provider for up-to-date requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their recommendations. Required inoculations, if any, must be recorded by the Passengers’ health practitioner on a valid vaccination certificate which the Passenger must carry for proof of inoculation where required. Passengers with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs. Any passenger who arrives to the destination ill with apparent fever or becomes ill during the tour, will be removed from the group and directed to a local medical facility for diagnosis. Only upon clearance by an accredited medical facility will that Passenger be allowed to resume group travel. All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary, will necessarily be borne by the Passenger. Please note that some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at: https://www.transportation.gov/airconsumer/spray.
TRAVELERS WITH DISABILITIES
The Company wants all of our clients to enjoy their travel itinerary and excursions. We also understand that not everyone may have the same capabilities as others. If You or anyone in Your party requires any form of assistance, including but not limited to, physical assistance, sight or hearing impairments, You must notify the Company prior to reserving travel. The Company will review the itinerary and physical requirements of the trip with the Passenger to ensure that the Company can work with the Passenger’s disabilities. If it is decided that the trip works for the Passenger and additional services are needed, the Passenger must be accompanied by an individual who shall be responsible for providing such services. The individual responsible for providing the services must pay the applicable trip/tour rate. Tour managers, guides, drivers or other tour, hotel, ship personnel are not able to provide such assistance. In order to participate in escorted tours, passengers must be able to understand and follow instructions given by Guides and Trip Leaders at all times, both for the successful operation of the tour as well as for everyone’s safety. The travel itinerary is subject to change prior to or during the trip for various reasons outside of The Company’s control. If this occurs, the trip may not be best suited for You. You agree to hold the Company harmless if this occurs and you are unable to fully participate in the tour/trip. No refunds, partial or otherwise, will be provided in the case of an unscheduled itinerary change.
The Company reserves the right to reject participation or remove any individual from a tour/trip if notification of any disabilities was not previously provided and/or when, in our sole judgment, continued participation would significantly hinder the services to be provided to all other Passengers. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will be the sole responsibility of the Passenger. Escorted birding tours are fast-paced, often requiring lengthy walks over uneven terrain. Some activities may have weight limits. In the interests of group harmony, Passengers should be able to maintain the pace of the tour. Passengers with special needs may be better served independently.
WHEELCHAIRS & WALKERS:
Travel within the US: Pursuant to the Americans with Disabilities Act (ADA), The Company will use its best efforts to accommodate Passengers with disabilities to the extent possible and consistent with the specific birding tour itinerary. Nevertheless, a Passenger may find that certain tour features may not be accessible to the extent that a wheelchair, scooter, or other special equipment to participate are required. The Company cannot provide individual assistance to Passengers with wheelchairs or other mobility devices. The Company regrets that some itineraries cannot accommodate wheelchairs or motorized scooters. The Company will endeavor to accommodate special access needs but does not guarantee that it will be able to do so in all cases.
International Travel: Hotels, sea and river cruises outside of the United States are not required to comply with ADA requirements and therefore may not have ramps, wide entryways or elevators to accommodate disabled passengers or devices such as wheelchairs, walkers or motorized scooters. Due to physical constraints and space limitations, wheelchairs, walkers and motorized scooters may not be taken aboard motor coaches and river cruises.
SERVICE ANIMALS: Passengers on USA escorted tours who require a service animal because of a disability must contact the Company prior to booking a tour. The Passenger is responsible for knowing and abiding by the travel policies of the carriers and hotels/resorts. Service animals cannot be accommodated on international tours/trips.
CHARGEBACKS
The Company understand that travel may not go as planned. If there is any refund owed, the Company will put forth our best efforts to provide that refund to the Passenger. The Company works with third parties and there may be a delay in obtaining refunds from that third party to then provide the Passenger with the refund. Accordingly the refund process from third parties may take time. Your patience is requested and that you do not request a chargeback with your credit card company since this will cause a delay in the refund process.
If You decide to request a chargeback from Your credit card company, the Company must charge $15.00 in addition to any applicable transaction fees to cover the time and effort to provide information to Your credit card company. This will be charged regardless if the chargeback is successful. If a chargeback is initiated and is unsuccessful, the Company reserves its right to seek alternate means, such as filing a police report for theft of services or seeking legal action, to recoup any monies owed to the Company, including attorney’s fees.
RELEASE FROM LIABILITY
You understand and agree that the Company its shareholders, directors, officers, employees and affiliates, do not own, control, or operate any entity that provides goods or services for Your travel experience including, but not limited to, hotels or other lodging facilities, airlines, vessels, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers and all such persons and entities (hereinafter “Independent Contractors” or “Third Parties”).
You agree to indemnify and hold harmless the Company its shareholders, directors, officers, employees and affiliates, from and against any and all claims, including but not limited to, bodily injury, death and/or property damage, demands, fines, penalties, actions, proceedings, judgments, settlements, liens, damages, losses, liabilities, obligations, disbursements, or costs including but not limited to reasonable attorneys’ fees and any other incurred expenses which may arise as a result by any negligent or willful act or failure to act of any such Independent Contractors or entity, or of any other Third Parties.
You agree to indemnify and hold harmless the Company its shareholders, directors, officers, employees and affiliates, from and against any and all claims 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, items listed in the force majeure clause, 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 of any sort, dangers incident to recreational activities such as birding, swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, etc., 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 the Company. The Passenger agrees to release Beija Flor Travel, Inc. from its own negligence and assume all risk thereof.
FORCE MAJEURE
Force Majeure events, that include but are not limited to, acts of God, acts of government, acts of war or civil unrest, insurrection or revolts, military action, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, pandemics, epidemics, illnesses or health conditions prevalent in the area of travel, earthquakes, hurricanes, lightning, and explosions, unexpected legislation, or any other event outside the reasonable control of the Company may make performance of this Agreement by the Company inadvisable, commercially impracticable, illegal, or impossible.
If a force majeure event occurs, the parties will look to and follow the cancellation policies of the suppliers as provided in the travel proposal and this Agreement. Any changes to those policies are at the sole discretion of the supplier (if applicable) and the Company. Passenger will be informed of their options if a force majeure event occurs.
TRAVEL INSURANCE:
Working with the Company to purchase your vacation is an investment. It is advisable that the Passenger protect this investment by securing travel insurance. Travel insurance can assist with reimbursing the Passenger for the cost of the trip due to events out of the Passenger’s control such as illness, injury or death of either the Passenger or family member or a force majeure event. It can also assist if the Passenger becomes ill while traveling or if the Passenger is quarantined. The Company is not responsible for any costs associated with the risks of traveling by the Passenger; or the Passenger having to cancel the trip for reasons within or outside of the Passenger’s control. Travel insurance is not a requirement but is HIGHLY RECOMMENDED.
Some things to consider when purchasing travel insurance Birding may be considered an extreme sport. It is important that the Passenger finds a policy that not only covers cancellation, but also includes health insurance and repatriation services. The Passenger should also seek a policy that is a first payer policy. This means that the travel insurance policy will not require that the Passenger first use and be denied by it’s health insurance company. Due to the rigorous nature of birding, it is possible that the Passenger may become injured while on the trip. It is important that the Passenger ensure medical coverage, as medical service providers in foreign locations require prepayment prior to services being rendered. This can be in the thousands of dollars. Passenger should make sure they are protected and obtain travel insurance.
ASSUMPTION OF RISK:
The Passenger understands and agrees that the travel itinerary may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, or persons and companies known or unknown, or of willful or criminal conduct of third parties. The Passenger further understands and agrees that weather conditions may not be desirable, may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible during some or all of the time during participation on the tour/trip.
In consideration of the foregoing, the Passenger hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of the Company and agrees to hold harmless and release the Company from claims of third-party negligence.
The Passenger understands the physical requirements of the activity(ies) in which they will be participating, and represents to the Company that the Passenger currently has no known physical, medical or mental condition which would impair his or her ability to participate in this tour/trip and is willing to assume all risks that may be created, directly or indirectly, by any such condition. The Passenger hereby authorizes the Company, local Birding Guide, or others to arrange for any emergency medical treatment and hospitalization as may be necessary without the Passenger’s further consent at the Passenger’s expense.
BINDING ARBITRATION:
Passenger agrees that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the trip, or the trip itself, with the exception of chargebacks, 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) law and will take place in New York, New York.
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. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury. If awarded, passenger’s damages are limited to the total amount the Passenger paid to Beija Flor Travel, Inc.
MODIFICATION & WAIVER
No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the Parties. No failure of the Company to exercise any power reserved to it under this Agreement, or to insist upon strict compliance by the Passenger with any obligation or condition under this Agreement, and no custom or practice of the parties in variance with the terms of this Agreement, shall constitute a waiver of Company’s right to demand exact compliance with the terms of this Agreement.
VOLUNTARY PARTICIPATION:
Passenger acknowledges that they have voluntarily chosen to join the tour/trip illustrated in the travel proposal and that they have read the description of the vacation, together with all information contained in the itinerary. The Passenger is voluntarily participating in this trip/tour with knowledge of the hazards involved.
PHOTOGRAPHIC RELEASE:
The Company may take photographs or video that are posted on the Company website and social media pages. The Passenger hereby grants the Company permission and authorizes the Company to post the Passenger’s photo and likeness in any and all promotional and commercial materials and on the Internet without payment or compensation to the Passenger by the Company for such use.
Passenger may take their own photos and video and share this media with the Company The Passenger agrees that by sharing such photos, videos ,and media with the Company the Passenger authorizes the Company to post those photos, videos, and likeness in any and all promotional and commercial materials and on the Internet without payment or compensation to the Passenger by the Company for such use.
EMAIL OPT-IN
As a customer of the Company, the Passenger, from time to time, may receive promotional emails. The Passenger agrees that by virtue of being a customer, that their name and email address, as well as the names and email addresses of traveling companions age 18 or over, are added to the Company’s email distribution list. The Passenger may unsubscribe from the list at any time after the conclusion of their respective trip.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties. Passenger represents and warrants that it is not relying on any statement or representation not contained in this Agreement. To the extent any terms set forth in any exhibit or schedule conflict with the terms set forth in this Agreement, the terms of this Agreement shall control unless otherwise expressly agreed by the Parties in such exhibit or schedule.
SEVERABILITY
If a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
KNOWING AND VOLUNTARY EXECUTION:
Passenger agrees that they have carefully read these Terms and Conditions and the tour/trip itinerary, and fully understand its contents, including cancellation policies and penalties. The Passenger is aware that this is a release of liability and a contract between the Passenger and Beija Flor Travel, Inc. and agrees of their own free will. By submitting a deposit, the Passenger agrees to these Terms & Conditions and Beija Flor Travel, Inc.’s Release from Liability, Assumption of Risk and Binding Arbitration Clause for themself, each member of their traveling party, and any minor children accompanying the Passenger.
GOVERNING LAW
This Agreement shall be governed by, and all matters in connection herewith shall be construed and enforced in accordance with the laws of the State of New York applicable to agreements executed and to be wholly performed therein. The parties hereto hereby agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York.
COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or other electronic means shall be deemed to be their original signatures for all purposes. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart signed by the Party against whom enforcement is sought.
