BonViage Traveler Agreement
Welcome to BonViage Travel, LLC (hereinafter referred to as “BonViage”). This Traveler Agreement (herein referred to as “Agreement”) provides the Terms and Conditions and the Liability Waiver and Assumption of Risks, under which you adhere to travel with BonViage. This is a legally binding document that governs your trip, establishes our business relationship, and explains mutual roles and responsibilities prior to travel so that together we can have an enjoyable and meaningful trip.
Please read the following terms and conditions carefully before accepting. If you do not agree with the terms of this traveler agreement, BonViage is available to answer any inquiries you may have so that you fully understand and are comfortable with the content herein.
TERMS AND CONDITIONS
AGREEMENT ACCEPTANCE: Once this Agreement is accepted, you cannot subsequently reject it. However, you can cancel your reservation subject to any cancellation penalties that may apply.
By accepting this Agreement, you certify that you are an adult* with full legal authority to enter into this Agreement for yourself and/or on behalf of all accompanying travelers on your reservation. You further affirm that you have read the terms of this Agreement, and that you understand and accept all such terms and conditions. The Agreement terms must be accepted, or your reservation will be cancelled.
BON VIAGE, YOUR TRAVEL AGENT AND TOUR HOST
A) BonViage is your “travel agent and tour host.” This means that we customize, organize, promote, and sell full or partially operated travel programs, sometimes consisting of organized tours that are provided by independent third parties (herein referred to as “Suppliers”).
B) All travel activities and services provided in connection with, before, after or during your travel, including but not limited to hotels, restaurants and other food providers, tour hosts (herein referred to as “Trip Leaders”), local guides, ground operators, providers of optional tours or excursions, or transportation of any kind by any vessel, aircraft, bus or other mode of transportation, are provided, owned and operated by independent third party contractors whose employees, facilities, products and services are not subject to our supervision or control.
C) In providing and selling customized travel and hosted tour services and/or selling reservations or tickets in connection with a tour, including, but not limited to, transportation, or by accompanying you during such activities, we do so as a convenience to you and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but we do not undertake to supervise or control such independent contractors or their employees, facilities, products or services.
D) The “Suppliers” providing services for your trip are independent contractors and are not our agents, employees, servants, or joint venturers. To the extent we book air transportation for you, we act as an agent of the air carrier and not as your agent. For all other purposes, we do not act as an agent for any party whatsoever.
CANCELLATION & REFUNDS POLICY: In the event of a cancellation, deposits are non-refundable. Many services that we acquire from Third Parties once purchased are non-refundable, therefore we are not able to offer refunds.
The Cancellation Policy is as follows: Cancellation 7 weeks or more prior to departure date: We will refund the cost of the tour less all deposits. Cancellation within 3-6 weeks prior to departure date incurs a loss of 60% of total tour cost. Cancellation within 2 weeks prior to departure incurs a loss of 80% of total tour cost. Cancellation within 1 week prior to departure incurs a loss of 100% tour cost.
In case part of a booking is cancelled, the remaining passenger may have to pay additional charges (e.g. Single room supplements or under occupancy).
In the case that BonViage is forced to cancel a tour for any reason whatsoever (including under-booking: minimum four clients), a full credit will be applied to another tour or departure date, OR, a full refund (including the initial deposit) will be promptly issued, as you wish.
Cancellation of Flights: Specific airline cancellation policies apply.
Cancellations and Changes to Trip: While we endeavour to operate our trips as quoted, it may prove necessary or advisable to vary or modify an itinerary or its contents, due to prevailing group size and/or local conditions. We reserve the right at any time to cancel or change any of the facilities, services or prices (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes. If a major change is known to us, our passengers will be told at the time of the booking. If a major change becomes necessary after booking we will inform our travelers as soon as is reasonably possible.
BonViage reserves the right to a minor increase of the trip costs, taking into account: a smaller group size, third-party tour operator increases, government action, currency fluctuations, transportation costs (including the cost of fuel), food increases, airport charges and increase in scheduled air fares or any other increase that is beyond our control. Travelers will be informed as soon as possible.
BonViage and Third Party Tour Operators will not be liable for any charges in the event of a change beyond their control to the departure time or date of a tour, flight or other form of transport.
MODIFICATIONS TO YOUR BOOKING OR SUBSTITUTION OF A PASSENGER: Any modifications to the original booking must be confirmed in writing via email. Any costs or charges, which we incur or which are incurred or levied by our service providers as a result of the modification, will be charged to the passenger. While every reasonable effort will be made to accommodate changes and additional requests, availability cannot be guaranteed.
If any member of a party is prevented from traveling, it may be possible to transfer the booking to another person provided that written notice is given at least 30 days prior to departure. An administration fee of US$100 will be levied plus any costs imposed by our service providers or ourselves. Airlines may impose 100% cancellation charges and the cost of a new ticket.
COMPLAINTS: If a traveler has a complaint about any of the tour arrangements he/she must bring it to the attention of BonViage at the time so that we may endeavor to rectify the situation. We can only rectify problems if we are made aware of such problems at the time. Failure to complain immediately will prejudice the Passengers right to claim compensation. Many services that we acquire from Third Parties once purchased are non-refundable, therefore once the holiday is completed, we are not able to offer refunds.
WAIVER OF LIABILITY AND ASSUMPTION OF RISKS
INHERENT RISKS OF TRAVEL: I understand that travel (whether in civilized or remote areas and regardless of the mode of transportation) and my involvement particularly in activities that may be planned on this tour (such as, but not limited to home stays, trekking, biking, boating, flying in small planes, driving on rugged terrain and encounters with animals) contain inherent risks of illness (including, but not limited to, insect and food borne illnesses such as norovirus, encephalitis, malaria and diseases not common in the United States), injury (including, but not limited to those caused or contributed to by motor vehicle, airplane or boating accidents and the inadequacy and/or lack of safety mechanisms, such as seat belts or flotation devices), emotional trauma, and/or death, which may be caused by negligence, natural occurrences, or other known or unknown causes. I acknowledge that such risks may be present at any time before, during and after the tour that I am participating in with BonViage Travel, LLC (hereinafter "BonViage"). I am also aware that adequate medical services or facilities may not be readily available or accessible during some or all of the time in which I am participating in the tour, and that evacuation, if necessary, and if available, may be unduly delayed, complicated and expensive. I also understand that in less developed countries such as many of those featured in our itineraries, the level of infrastructure, communications capabilities, sense of urgency, quality standards, political stability, cuisine, hygiene, sanitation, and business practices, among other things, may be deemed far more substandard than those found in advanced industrialized countries. In all cases, tour participants are responsible for comprehending all conditions stated and implied in the trip itinerary and selecting a tour that is appropriate to their interests and abilities; for preparing for the tour by carefully reviewing the itinerary and any other tour advisories or literature provided by BonViage; for bringing clothing and equipment suitable or appropriate for the tour environment and for following normal standards of personal hygiene and personal safety, as may be advised by the tour leader or local guides in order to alleviate the dangers of disease or injury that tour participants may be exposed to.
RELEASE FROM LIABILITY: To the fullest extent permitted by law, I waive any right or cause of action of any kind whatsoever against, and release from any liability whatsoever, BonViage, and its officers, directors, employees, hosts and agents ("Released Parties") arising from my participation in the tour, excepting only liability that directly arises from the gross negligence or willful misconduct of BonViage. This waiver and release shall apply to any claim of injury to person or property, including but not limited to any personal injury, sickness, death, dismemberment, loss or destruction of personal property, inconvenience or delay or disruption of services, suffered in preparation for, arrival at, during, or in departure from the trip. I fully expect and agree that this waiver and release is also binding upon my heirs, personal representatives, executors, successors, and assigns.
COUNTRY CONDITIONS, VISAS AND VACCINES: BonViage has no special knowledge regarding the financial condition of travel service providers selected for your tour, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, BonViage recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, BonViage recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). I hereby release the Released Parties from all claims arising out of any problem covered in this paragraph. I further agree to hold the Released Parties harmless for my failure to obtain and/or utilize vaccinations and medications and immunizations.
HEALTH AND INSURANCE: Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication and/or other treatment which may be required during the tour. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeited.
Each traveler is encouraged to have a physical checkup and have his or her own health insurance policy as well as travel insurance. BonViage is not responsible for illnesses that may occur while traveling. Since group sightseeing can be physically exerting, all persons who suffer from any physical impairment, which could hinder them from normal participation, must disclose such impairments or physical limitations in writing. By signing this agreement, I hereby grant permission for emergency first aid to be administered if deemed necessary. If an emergency or health crisis should occur on the tour, BonViage, if possible through its contracted agent or tour guide, shall attempt to obtain medical assistance, if it is available; however, the cost of such medical assistance shall be the responsibility of the participating traveler. BonViage strongly recommends that you obtain the following types of insurance, which I understand are commercially available for travelers:
Loss of Personal effects
Emergency medical evacuation
Travel Accident Insurance
Accidental death and disability
I agree to hold the Released Parties harmless for my failure to obtain insurance coverage and for any cost or claims, which could have been covered by the types of insurance listed above if it had been obtained. To the extent permitted by law and excepting only liability that directly arises from the gross negligence or willful misconduct of BonViage, I agree to indemnify and hold BonViage harmless if any claim is brought resulting from or related to medical care or assistance provided to me or not provided to me.
INDEMNIFICATION: I also agree to indemnify and defend each Released Party from any and all claims, actions, suits, and demands (including all reasonable attorney's fees and costs incurred by any Released Party) initiated by any third party and arising from, attributable to or related to my own negligent actions or conduct, occurring during the trip, and which is alleged to have caused personal injury, loss or damage to any such third party.
THIRD PARTY SUPPLIERS: I acknowledge and agree that all services and arrangements for selecting the tour, tour hosts, transportation, accommodations, and all other services and arrangements related to this tour have been made by BonViage which is merely acting as an agent of various travel service providers including other tour operators and locally hired contractors, upon the express condition that BonViage, to the fullest extent permitted by law, is not liable and does not assume responsibility for any claims, damages or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, modification, or inconvenience resulting from any act of any transportation company, accommodation providers, restaurant, or other company or person providing any of the services included in the tour or caused by weather, sickness, strikes, closures, quarantines, crime, terrorism, acts of war, or the willful or negligent acts of any other tour members, or any other cause beyond our control. You further acknowledge that BonViage is not responsible for acts or omissions of the Providers or their failure to provide services or adhere to their own schedules. BonViage reserves the right to modify any itinerary, arrangements or dates, if it becomes necessary or advisable, due to such occurrences. An additional cost to the tour price may be incurred by the traveler if any such modification is necessary.
COOPERATION: As a traveler in a group tour, I recognize that the group endeavor requires compromise to accommodate the personal desires, capabilities and objectives of other tour participants. I agree to act at all times in an appropriate social manner with the other tour participants and to act in a considerate and respectful manner in accordance with the customs of all places visited. I understand and acknowledge that, my personal desires notwithstanding, my tour host or guide may be obligated, based upon his or her experience and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions regarding the direction of the tour. I understand that BonViage has the right to reject or expel a traveler when unreasonable behavior occurs, without any compensation or refund. I willingly agree to cooperate and accept any such decisions.
CHANGES TO ITINERARY: I recognize that due to the types of the destinations to which BonViage organizes tours, and the advanced planning required to organize such tours, situations such as the following could be anticipated to occur: changes in tour host or guide assignments; modifications in the timing or sequence of the itinerary; and/or changes in providers of accommodations or transportation. I further recognize that due to the foregoing reasons, BonViage cannot guarantee exact adherence to any itinerary that has been provided. I accept that if any of the aforementioned situations arise either before or during my trip, BonViage may be required to make decisions to address the changed circumstances and that it may not be possible to notify me in advance of such modifications.
SUPPLIER CONTRACTS: I acknowledge that BonViage uses other travel service providers which have their own contracts covering cancellation penalties and other terms and conditions, and that I may be bound by those contracts regardless of whether I receive notice of their terms. By signing below, I am consenting to those terms and conditions.
TSA: I understand that the Transportation Security Administration requires you to carry a government issued identification card in order to board a flight and that the name, date of birth, and gender that appears on the identification card must precisely correspond with the same data that appears on your airline reservation and flight records. Failure to strictly comply with these requirements may cause airport security officials to delay or deny boarding.
CHANGES IN TOUR PRICES: I acknowledge and understand that all tour prices and fares have been quoted to me, in good faith, in U.S. dollars. Such quotes are subject to change either before or after purchase due to exchange market fluctuations, additional taxes or fees imposed by a government or travel service provider, the risks of which I assume. Further, in the event that travel plans need to be modified due to circumstances beyond our control, BonViage shall use its best efforts to provide comparable alternatives with reasonable advance notice given. Any resulting price changes shall be provided to tour participants in amended quotes or invoices.
GOVERNING LAW: The laws of the State of Illinois govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. You agree that any action or proceeding brought by me against any of the Released Parties shall be brought solely in the courts of Illinois located in Cook County. In the event any action or proceeding is initiated by me in a court outside of Cook County, Illinois, I agree to pay BonViage's costs and reasonable attorney fees associated with defending such action or proceeding. The parties agree that in the event that any action or proceeding is initiated by either party in Cook County, Illinois, the prevailing party shall be entitled to recover costs and reasonable attorney's fees.
SEVERABILITY: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms hereof shall survive and remain in full force and effect. Notwithstanding, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
*A parent or guardian of a minor child participating on a tour must sign this Agreement on behalf of such individual. Persons aged 18 and over who rely on their parents for financial support must also obtain parental approval.
*As a parent or guardian of the above applicant, I acknowledge my approval of the agreement. I further agree that if this agreement is found, for any reason, to be unenforceable with regard to the above applicant, that I will personally indemnify and hold harmless BonViage for any liability imposed upon BonViagewith respect to the applicant and/or against any claim brought or which may be brought by the above applicant against BonViage.