RESPONSIBILITY

Acanela will provide educational enrichment for Acanela Tours as outlined on its website (www.acanela.com) as a sponsoring organization and has licensed qualified professional tour operators to organize and administer acanela tours. The designated tour operator, in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Acanela Tours (“other providers”), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time participants are not aboard their conveyances.

Acanela, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, assigns (collectively “Acanela”) and its designated tour operator shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Acanela and/or its designated tour operator for any such loss, damage, injury, or death.

By registering for an Acanela Tour, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. Acanela and its designated tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an Acanela Tour. Acanela and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.

Neither Acanela, nor its designated tour operator, shall be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant's Acanela Tour departure city. Baggage and personal effects are at all times the sole responsibility of the participant.

 

TERMS AND CONDITIONS

Basis of Rates: All prices are based on two persons sharing a room or cabin. All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares and third-party charges as of their publication date and are subject to change due to unforeseen circumstances. While Acanela will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, Acanela reserves the right to do so, and notification will be given at the time of final invoicing.

Eligibility: Participation in an Acanela Tour is a benefit of all Acanela customers. Anyone under 18 must have the approval of a parent or guardian prior to departure or be accompanied by a parent or guardian for the entire journey.

Included in Tour Cost: Accommodations and meals as indicated in the itinerary, educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all gratuities except those for train or ship's crew, unless otherwise noted on the itinerary page; ground transportation during the tour; transfers to and from group flights where applicable; services of Acanela experts and/or local guides, chefs, tour leaders, and any other staff; and taxes, port charges, baggage handling, and service charges. Internal airfare is included on some tours as indicated in the itinerary.

Not Included: Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities for train or ship’s crew, unless otherwise noted on the itinerary page; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, additional meals (not listed on the itinerary, and additional beverages (sodas, alcoholic beverages, etc..); and any other items not specifically noted as included.

Single/Shared Accommodations: A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. We will assist persons requesting a roommate. Participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.

Payments, Cancellations, and Refunds: To reserve space on an Acanela Tour, a $500 deposit per person deposit is required for all tours. Final payment is due no later than 30 days prior to departure. Payments must be made by credit card. A participant’s reservation may be canceled if full payment has not been received by 30 days prior to departure. For reservations made within 30 days of the departure date, full payment is required when the reservation is accepted. All cancellation notices must be received in writing and will become effective as of the date of the postmark. If a participant cancels 30 days or more prior to departure, a refund less an administrative fee of 50% of the deposit will be made. Per-person charges for cancellations that occur less than 30 days prior to departure (“Cancellation Penalty Period”) are 100% of the tour cost. This policy also applies to pre- and post-tour extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of tour, are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving a tour in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a tour. Acanela reserves the right to cancel any tour because of inadequate enrollment that makes the tour economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If an tour is canceled prior to departure, the tour operator will provide participants with a full refund of monies paid to the tour operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the tour as planned, in which case the tour operator will provide participants with a refund and/or credit toward a future Acanela Tour equivalent to monies paid to the tour operator. If Acanela cancels the tour in progress, participants will receive a prorated refund based on the number of days not completed on the tour. Except as outlined above when Acanela cancels an tour, Acanela and its designated tour operator has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled tour or for any additional arrangements should participants embark prior to the scheduled group departure date.

Itinerary Changes: The itineraries and staff presented on the website are subject to modification and change by Acanela or its designated tour operator. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.

Documentation: Participants are responsible for obtaining any documents required for their participation in the tour such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.

Health Requirements: Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. Acanela encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain tours may require that the participant obtain medical consent prior to departure as a condition of participation.

Medical Authorization and Coverage: In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the tour who can direct participant’s care, and Acanela is unable or does not have time to contact participant’s emergency contact, the participant, by registering and paying a deposit for an Acanela Tour, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

Photography: Acanela and its designated tour operator and tour leader reserve the right to take photographs or videos during the operation of any tour part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on an Acanela Tour, the participant agrees to allow his/her likeness to be used by Acanela, Acanela-authorized third parties, and the tour operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the tour.

Copyright in all photographs, video, and related materials created by the participant (“ Tour Materials”) shall belong to the participant upon creation. The participant grants to Acanela a non-exclusive, worldwide, irrevocable license to use any Materials provided to Acanela and/or the tour operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Acanela’s travel programs, or promotion of the mission of Acanela.

Dispute Resolution: If the participant has a complaint, he/she should first inform the tour operator or tour leader while on the tour so that the tour operator or tour leader can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Acanela within 30 days of the completion of the tour.

Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning this tour, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Utah law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Utah under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Utah using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s Tour with Acanela. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.

Other: Additional Terms and Conditions may apply to some tours and will be provided with pre-tour mailings. By registering for an Acanela Tour, the participant agrees to the Responsibility statement and the Terms and Conditions published in the catalog and on the website.