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2012 Travel Terms & Conditions
These terms and conditions apply to 2012 vacations
PLEASE READ CAREFULLY
The purchase of any travel services offered by Group Voyagers, Inc., (“GVI”) doing
business as Cosmos, Globus, Avalon Waterways and Monograms (hereinafter “Cosmos”)
constitutes a contractual arrangement between you and GVI, and represents your unconditional
acceptance of the GVI Terms & Conditions set out herein. Please ensure that you
read carefully and understand these Terms & Conditions prior to booking. These Terms
and Conditions are subject to change after the publication of the website. You are
advised to request the latest version of Terms & Conditions from your Travel Agent
or Cosmos prior to booking as your booking represents your unconditional acceptance
of all the GVI Terms & Conditions. Terms & Conditions for vacations offered by Cosmos
are given herein. Terms & Conditions for vacations offered by Globus, Monograms
& Avalon Waterways can be found at www.globusfamily.com/india
RESERVATIONS:
To make your reservation see your travel agent or contact Cosmos.
DEPOSIT:
A non-refundable, non-transferable deposit of $250 per land vacation per person
is required for Cosmos to reserve space for you, with some limited exceptions as
noted below. Your booking is not confirmed & payment is not deemed made until the
vacations deposit is received by Cosmos and you receive a confirmation invoice for
your booking. Cosmos accepts Visa, MasterCard, and American Express. Your reservation
will be automatically canceled if deposit is not received by Cosmos by the deposit
due date. On certain departures, the vacation deposits may be required at time of
booking to immediately hold & to confirm space for you. Payment of the vacation
deposit indicates you have read and unconditionally accepted these terms & conditions.
Please review and verify your booking invoice thoroughly and contact your Travel
Agent or Cosmos immediately if your vacation invoice appears to be incorrect or
incomplete, as it may not be possible to make changes or modifications later. Cosmos
cannot accept responsibility of inaccuracies if not notified of inaccuracy within
5 days of sending out the invoice. In the case of billing errors, Cosmos reserves
the right to re-invoice you with correct pricing.
FINAL PAYMENT:
Final payment is due 45 days prior to commencement
of services, with some limited exceptions as set forth below. If final payment is
not received by the due date, your reservation will be canceled and your full deposit,
including Trip Protection payments, will be retained and fortified. Cosmos is not
responsible for, nor liable to compensate you for, any canceled land and/or air
reservations in the event payment is not received by the final payment date. Payment
in full is required at time of booking for reservations made within the final payment
date of your vacation (in most cases, within 45 days of departure). For group reservations,
group policies will apply. Cosmos will provide Group Policies upon request to you
or your travel agent.
Acceptance on the vacation is subject to presentation of the Cosmos Traveler Certificate,
which will be available in your final Travel Documents.
EXCEPTIONS APPLY TO THESE VACATIONS:
The deposit and/or final payment
dates mentioned herein under apply to the vacations identified. Please see your
confirmation invoice for more information on deposit and/or final payment dates.
OTHER VACATIONS:
- For vacations that include a Holland America cruise (vacation codes 8425, 8921,
8922,8923, 8924, 8925, 8926, 8927, 8928, 8929, 8575), final payment is due 75 days
prior to the commencement of services.
- For vacations that include an overnight train (vacation codes 8930/5, 8335, 8960/5,
8355 and 8640) final payment is due 65 days prior to the commencement of services.
- For vacations with internal air flights, a non-refundable per person deposit of
$500 is required to reserve the space for you.
- $50 per person land deposit is required for Monograms Independent vacations- North
America Single-City Getaways and Road Trip by Monograms vacations (vacation codes
beginning with a “J “ or “ V”)
- Final payment for Monograms’ Canadian Rockies by Rail (JR) and America’s Last Frontier
by Rail (JA, JAR) vacations is due 65 days prior to the commencement of services.
For all other Monograms North America Single-City, Multiple- City Getaways & Road
Trip by Monograms vacations, final payment is due 30 days prior to the commencement
of services.
CANCELLATIONS & CANCELLATION FEES:
If cancellation is received by Cosmos before the final payment date of your vacation,
your non-refundable deposit and Trip Protection payments will be retained and fortified
in addition to any other entity’s imposed cancellation fees or penalties, including
but not limited to airline, hotels and cruises. For individual reservations, the
following per person cancellation fees apply. Total price does not include discounts,
promotions, or special incentives. (For group reservations, refer to the Group Policy.)
STANDARD CANCELLATION FEES FOR ESCORTED AND INDEPENDENT VACATIONS:
- 45-22 days prior to commencement of services: 20% of total price plus Trip Protection payments.
- 21-8 days prior to commencement of services: 30% of total price plus Trip Protection payments.
- 7-1 days prior to commencement of services: 50% of total price plus Trip Protection payments
- On departure day and later: 100% of total price plus Trip Protection payments.
EXCEPTIONS TO THE STANDARD CANCELLATION FEES:
For vacations that include a Holland America cruise (vacation codes 8425, 8921, 8922, 8923, 8924, 8925, 8926, 8927, 8928, 8929, 8575):
- 75-57 days prior to commencement of services: 20% of total price plus Trip Protection Payments.
- 56-29 days prior to commencement of services: 50% of total price plus Trip Protection payments.
- 28-16 days prior to commencement of services: 75% of total price plus Trip Protection payments.
- 15-0 days prior to commencement of services: 100% of total price plus Trip Protection payments.
For vacations that include an overnight train (vacation codes 8930/5, 8335, 8960/5, 8335 and 8640):
- 65-47 days prior to commencement of services: 50% of total price plus Trip Protection payments.
- 46-0 days prior to commencement of services: 100% of total price plus Trip Protection payments.
North America Single-City, Multi-City Getaways, Road Trip by Monograms & Hawaii Islands vacations:
- 30-7 days prior to commencement of services: 30% of total price plus Trip Protection payments.
- 6-1 days prior to commencement of services: 50% of total price plus Trip Protection payments.
- On departure day and later: 100% of total price plus Trip Protection payments.
North America Rail Vacations (vacation code JA, JR, and JAR):
- 65-47 days prior to commencement of services: 50% of total price plus Trip Protection payments.
- 46-0 days prior to commencement of services: 100% of total price plus Trip Protection payments.
Cancellation fees may also apply to any additional services, including extra night
accommodations, independently supplied services, and optional excursions reserved
prior to, during, and after the tour. Cancellation penalties will be calculated
at the time of cancellation. Any change of flight(s), including but not limited
to flight cancellations and /or name changes, requested after full land and air
deposits are received revisions fees, change fees, or airline cancellation fees
will apply (see “Revision Fees” below). In many instances, airline revision or change
fees can be up to $250 per ticket but in some instances may be up to 100% of the
ticket price.
Cosmos reserves the right to cancel or reschedule any vacation departure for any
reason, including insufficient demand. If a vacation is canceled prior to departure,
Cosmos' only responsibility will be to refund the amount received for the reservation.
Cosmos will try to rebook the same vacation with a different departure date, or
a similar vacation. For air-inclusive vacations, Cosmos will try to confirm air
schedules for the selected new dates, subject to availability. Cosmos cannot assume
responsibility for any additional costs or any fees relating to the issuance and/or
cancellation of air tickets or other travel arrangements not made through Cosmos.
REVISION FEES:
A fee of $30 per transaction will be charged for any alteration or revision made
to a reservation. Any revision to a booking may result in the loss of a confirmed
airline reservations or increased airfare or increased hotel / cruise tariff which
will be payable by you. Additional airline and hotel / cruise penalties may also
apply and may be up to 100% of the full price which will be payable by you. A change
of traveler name, vacation date, or itinerary within final payment will be treated
as a full cancellation and new reservation; vacation cancellation fees (as above)
apply.
AIR ARRANGEMENTS:
Cosmos is not responsible if an airline cancels, reschedules, or delays a flight
for any reason. If you have purchased air travel through Cosmos, Cosmos will try
and assist in making new arrangements provided you have not already checked in with
your airline for your first flight segment. After check -in, you must work with
airline directly to reach your destination or to make alternate arrangements including
amendments to return services. Please be aware airline fees often apply for modifications
to air schedules not related to airline imposed flight cancellations, reschedules
or delays. These fees will be payable by you at time of request. If you miss your
departure flight or connection, it is your responsibility to work with the airline
on which you are ticketed to reach your destination. No refunds will be provided
by Cosmos for portions of trips missed due to canceled, rescheduled, or delayed
flights after airport check-in, nor is Cosmos responsible for any additional expenses
you may incur prior to joining your trip if you miss your departure flight or flight
connections.
For air travel purchased through Cosmos, if any air schedule requires an overnight
stay in a getaway city, Cosmos can assist you with the hotel reservations at your
request however without any assurances of a confirmed booking. The cost of the overnight
stay (including but not limited to hotel and meals) is your expense. Air routings
are subject to availability. Routings are not guaranteed and are subject to change
at any time.
When you make your own flight arrangements, Cosmos will not be responsible for any
loss resulting from cancellation or changes in international getaways, itineraries
or travel dates. We recommend that you do not purchase airline tickets with high
penalty charges for changes.
Under the new Secure Flight Program enacted by the U.S. Department of Homeland Security,
the Transportation Security Administration (TSA) requires airlines with flights
over /or in USA to collect information from you for the purposes of watch list matching.
TSA may share information you provide with law enforcement or intelligence agencies
or others under its published system of records notice. At time of booking a vacation
with air reservations, Cosmos will collect the required information and add to your
air booking to pass to the airline(s) for the Secure Flight Program. The information
includes full name, date of birth, gender and redress number (if available). Failure
to provide the required TSA information at time of booking will result in the loss
of confirmed flights & airfare as information is required for ticketing. Rebooking
lost airfare is subject to schedule availability at time of rebooking and may result
in alternate flight schedules and/or increases in airfare price. Any increase in
airfare price is payable by you.
PARTICIPATION, ON TOUR BEHAVIOUR & PUNCTUALITY:
As you are traveling with a group of international travelers on Cosmos vacations,
all participants are expected to conduct themselves in a manner that is not disruptive
to the group and in a manner that is appropriate for group travel. To understand
travel etiquette, please visit www.cosmosvacations.in/travel_faq.aspx
For the benefit of everyone on the vacation, Cosmos reserves the right to accept
or reject the booking of any vacation participant and to remove any vacation participant
from participating in or being a part of one or more itineraries were his or her
conduct is deemed inappropriate & incompatible with the interest of the other travelers.
Cosmos is not responsible for any losses, including missed sightseeing or having
to make alternate travel arrangements, if you fail to meet the representatives of
Cosmos at assigned timings and places/pick up points while on tour. Cosmos will
not refund nor cover any cost or expenses incurred for termination of vacation arrangements
due to unacceptable behavior or inability to maintain punctuality. The decision
of behavior being acceptable or unacceptable rests solely with Cosmos.
TRAVELERS WHO NEED SPECIAL ASSISTANCE ON TOURS AND/OR CRUISES:
You must report any disability requiring special attention while on tour or on cruise
to Cosmos at the time of making the reservation. Cosmos will make reasonable attempts
to accommodate the special needs of disabled travelers, but is not responsible in
the event it is unable to do so nor responsible for any denial of services by air
carriers, hotels, restaurants, or other independent suppliers. Cosmos cannot provide
individual assistance to any vacation participant for walking, dining, getting on
and off motorcoaches, cruise ships and other vehicles, or other personal needs.
A qualified and physically able companion must accompany travelers who need such
assistance and must assume full responsibility for their well being. All travelers
with Cosmos are subject to the Participation clause above.
Not all sightseeing stops/sites accommodate wheelchairs and some locations and sightseeing
activities require extensive standing, sitting or walking. Cosmos is not responsible
for any missed activities due to a participant’s inability to participate with the
group. The status titled as Americans with Disabilities Act is only applicable within
the United States and facilities for disabled individuals are limited outside its
borders. With prior permission and waivers, Cosmos will attempt to accommodate motorized
scooters on North America vacations, depending on the suitability of the itinerary.
You assume the full risk of use and of any prohibitions imposed by any vendor. Most
transportation services, including the touring motorcoaches, and cruise ships are
not equipped with wheelchair ramps.
Motorized scooters are not typically suitable on international tours. The vacation
participation must clarify the details of any required assistance with Cosmos before
making a booking request.
YOUNG TRAVELERS:
Travelers who are under 18 years of age on the departure date must be accompanied
by an adult throughout the vacation and must share an adult’s accommodation. Children
under 8 years of age are not allowed on any Cosmos escorted vacations. For any special
requirements regarding airline tickets for children, contact your airline directly.
On Cosmos escorted vacations, young travelers ages 8-17 receive a 10% discount on
the base land vacation price. The price does not include internal air transportation.
The following young traveler discounts apply to Monograms vacations:
On Monograms Single-City & Multi –City Getaways in North America: Children 12-17
receive a 10% discount on the land vacation price; children 11 and under receive
a 25% discount.
On North America Rail Vacations (JR, JA, JAR), children 2-11 receive a 25% discount.
There is no discount for children 12 and older.
On Monograms North America Road trip by Monograms vacations & Hawaii Island Vacations
the land vacation price for children 2-11 is free when sharing accommodation with
two adults. Children 12-17 receive a 10% discount (except vacation code VG). The
land vacation price does not include air between cities (internal air), when applicable,
or sightseeing costs on Hawaii Island Getaways.
To receive the young traveler’s discount, the age of the traveler must qualify at
commencement of services. Cosmos reserves the right to require documentation verifying
the age of any person stated to be a young traveler or an infant.
Note:We require that children under 12 years of age share accommodations
with an adult.
Due to heightened security, many countries have adopted practices to prevent international
abductions of children. If a child will be traveling with adults other than the
parents or with only one parent, it is recommended that a notarized letter be written
by the parents or non-traveling parent granting authorization to travel, including
the dates of travel. We suggest that the vacation participant also contact the appropriate
consulate and airlines because they may have additional requirements or recommendations.
SMOKING:
Smoking is not allowed on transportation that is exclusively provided by Cosmos.
On cruise ships, smoking is allowed only on the the vessel’s outside decks where
ashtrays are available or to certain areas of vessel.
Many hotels in North America have imposed a 100% non-smoking policy and many cities
have imposed non-smoking regulations in public spaces. As a standard rule, non-smoking
hotel rooms are booked and confirmed on Cosmos vacations. If you require a smoking
room a request may be submitted, but Cosmos cannot guarantee availability of smoking
rooms.
PRICE POLICY:
All vacation prices are based on rates (reflecting foreign exchange rates) known
at the time of publication and expected to be in effect at the time of departure,
and do not include airfare except where noted. Vacation prices are per person, based
on double occupancy. Single room supplements and triple room reductions are listed
where applicable. Not all accommodation types are available on all vacations.
Prices are subject to increase without notice, subject to the guarantees set forth
below.
Once Cosmos has received your full deposit for any vacation that land vacation price
is guaranteed and you are protected against any land price increase due to currency
surcharge. Any subsequent cost increases are at Cosmos’ expense, not including energy
cost increases and/or any government tax increases.
Land only vacations that include air travel between cities (internal air) are guaranteed
when Cosmos has received your full land and air deposit (if applicable). Cosmos
reserves the right to ticket bookings upon receipt of full land and air deposit
and thus any subsequent change made upon your request are subject to airline imposed
change fees and /or changes in airfare price, which are your responsibility to pay.
Vacation departures in 2013 are subject to itinerary modifications. Full details
will be available in October 2012. Travelers have the right to cancel their reservation
without penalty within 7 days of notification of the final itinerary by Cosmos in
the event of itinerary modifications for departures in 2013.
VISAS & PASSPORTS:
You are responsible for obtaining and paying for all visas and entry and exit documents,
for meeting all health and other requirements, and for any documents required by
the laws, regulations, orders, and/or requirements of the countries you will visit.
You must consult with appropriate consulates to determine if any visas are needed
and are responsible for obtaining all visas and entry documents independently. Cosmos
is not responsible for providing you with specific visa and passport information
or documentation, and Cosmos cannot accept liability for any passenger refused entry
onto any transport or into any country due to failure of the passenger to carry
correct documentation. Cancellations due to visa denials will be charged per the
cancellation policy (as noted above). All passengers travelling internationally
are required to have a valid passport. Most countries require that the passport
be valid for at least six (6) months beyond the conclusion of your trip. It is recommended
you have a minimum of three blank pages in your passport when traveling, as many
countries require blank pages. Multiple-entry visas are required for some vacations.
It is your responsibility to verify all visa and passport requirements from concerned
embassies of the countries where you intend to travel. The process of obtaining
a visa and/or passport can take up to three months or more.
HOTELS & ACCOMODATIONS:
The hotels /accommodations listed on the Web site are intended to be used on all
departures; however, if a change becomes necessary for any reason, including additional
departures on the same date and/or hotel location changes, the accommodations substituted
will be equivalent to those shown. No refunds are provided for hotel changes, full
cancellation penalties as noted above apply.
Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels
will only provide double-bedded rooms. These rooms if available may be allocated
to couples. Please note that accommodation check-in times vary worldwide. Cosmos
cannot control or guarantee the check in times & will not be held liable for any
compensation in the event of late check-in by any hotel.
BAGGAGE ALLOWANCE:
Porterage for one suitcase per vacation participant is included in the vacation
price. Airport/train station porterage is not included unless otherwise specified
in your travel documents. Please be prepared to carry your own suitcase on and off
airplanes and trains and through airports and train stations.
Your single bag should have dimensions not exceeding 30"x21"x11" and weight not
exceeding 50lbs (22kg) unless otherwise noted in the travel documents. We regret
that we are unable to accept a second suitcase or any luggage exceeding these limits
on any vacation. Some vacations have more restrictive regulations than these listed
above. Please refer to your Travel Documents for more information.
Air carrier restriction may vary from the limitations listed above. Size and weight
limitations for carry-on and checked baggage vary from airline to airline and even
according to destination, and are becoming more restrictive. Most airlines charge
fees for checked baggage and these fees are not included in the airfare or the vacation
package price. Please check with your airline(s) directly for baggage information,
regulations and fees. Cosmos is not responsible for additional fees imposed by air
carriers for baggage which will have to be paid by the vacation participant directly
to the airline at the airport. Regulations within most airports require that travelers
handle their own luggage through customs. No responsibility is accepted by Cosmos
for loss of or damage to baggage or any of the traveler’s belongings throughout
the duration of the vacation. Baggage insurance is recommended in addition to Cosmos’
Trip Protection since Trip Protection does not cover lost or damaged baggage.
Carry-on bags should not exceed the dimensions of 12"x11"x6". For safety reasons,
wheeled carry-on bags are not suitable as hand luggage on motorcoaches and mini-buses.
Carry-on bags must be small enough to store in overhead bins or under the seat in
front of you on motorcoaches and other transportation.
TRAVEL DOCUMENTS:
Passenger Travel Documents including air e-ticket itineraries are sent by regular
ground delivery approximately 2-3 weeks prior to departure, provided full invoice
payment has been received. If available, a service charge per reservation is added
for documents requested in advance. If documents cannot be received through your
Travel Agent or via email and need to be delivered to any address by mail or courier,
charges as applicable, are paid by the passengers and these costs will be quoted
at the time of reservation. Delivery of paper airline tickets will attract an extra
delivery charge for covering courier expenses. This charge will be informed to you
at the time of making the reservation. Travel documents for select Monograms, North
America vacations are sent to the first hotel at an additional cost of $20-$60.
NOT INCLUDED IN THE VACATION PRICE:
Federal inspection fees for the Federal U.S. Customs and Immigrations; International
Air Transportation tax; agricultural tax; other per person taxes imposed by government
entities; airport taxes and fees including the September 11th Security fee up to
$10 per person, passenger facility charges up to $18 per person, Federal domestic
flight segment fees up to $3.70 per segment, and U.S. and International arrival
and departure and other government-imposed fees between $200-$600 per person; port
taxes; passports; visas and vaccinations; tips to your Tour or Cruise Director,
Local Host, driver, Local Guides, and/or ship’s crew; gratuities on ferries, trains,
and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside
of the contracted Cosmos menu as presented at a hotel or restaurant or onboard your
vessel (these extra items will be billed to you before leaving the hotel, ship,
or restaurant); optional excursions; additional activities; airport transfers on
non-qualifying flights; airport transfers with cruise only, porterage at airports
and train stations; Trip Protection; baggage fees; and all other items of a personal
nature.
REFUNDS:
Please note that any request for refunds is subject to these Terms & Conditions;
no refund will be made for unused services of less than 48 consecutive hours, for
unused transportation where group activity tickets are involved or for voluntary
modifications made by the traveler. Airport transfers are complimentary with air
booked through Cosmos on qualifying ex-USA flights and dates. Not all flights or
dates qualify. Customers not using the included transfer will not be given a cash
equivalent or vacation price reduction.
SERVICE INQUIRIES AFTER THE VACATION:
After returning from your vacation, if you wish to inquire about any services provided,
please ensure that all correspondence relating to those services is received by
Cosmos, Traveler Services, Group Voyagers Inc. (see address under “Responsibility”).
Any complaint or claim involving the vacation services offered on this Web site
must be notified to Cosmos within 30 days of the tour completion, failing which
it will be deemed that the vacation participant is satisfied with the services availed.
As it is difficult and sometimes impossible to properly investigate a complaint
if Cosmos is not advised of such complaint quickly, any compensation you may have
been able to claim from a supplier should be made known to Cosmos immediately and
Cosmos will forward the same to the concerned supplier for appropriate review but
does not guarantee any payment. Any delay in forwarding the complaint to Cosmos
could result in reduction or even non-payment of the expected compensation from
the supplier if you do not follow the complaints procedure set out in this clause.
In the event of a problem or complaint involving the negligence of any suppliers,
sub-contractors, or agents in relation to any service provided to the vacation participant,
Cosmos must receive the complaint while on the tour or cruise or within 30 days
of tour completion.
HOLIDAYS:
During local or national holidays or special events, on Sundays, and religious occasions,
certain facilities such as museums, churches, restaurants, sightseeing tours, and
shopping may be limited or not available. Alternatives will be offered whenever
possible. Cosmos cannot be held responsible for any closures or curtails for any
reason.
Christmas Market Vacations:
Please note that Christmas markets generally close around third week of December.
SAFETY:
Please be aware that during your participation in vacations operated by Cosmos,
certain risks and dangers may arise beyond our control, including but not limited
to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile,
aircraft, or other means of transportation; forces of nature; political unrest;
acts of lawlessness or terrorism; and accident or illness in remote regions without
means of rapid evacuation or medical facilities. Cosmos will not have liability
regarding provision of medical care or the adequacy of any care that may be rendered.
While Cosmos will use its best efforts to ensure the adequate measures are taken,
by agreeing to participate in a tour and/or optional excursions you agree that you
will hold Cosmos harmless regarding any provision of medical care or the adequacy
of any care rendered.
PHOTOGRAPHS OR PICTURES:
Photographs or pictures appearing on the web site should be used solely as an indication
of facilities and attractions. Actual facilities and attractions may vary according
to itinerary. Maps shown on the vacation pages are current at the time of printing
and may not reflect the actual tour routing should the itinerary change.
OPTIONAL EXCURSIONS & ACTIVITES:
Optional activities and excursions (“the Services”) available for booking are provided
by local operators or third parties that are entirely independent of Cosmos and
do not form any part of the product or services sold to you by Cosmos or of these
Terms & Conditions, even were Cosmos suggests particular operators third parties
and /or assists you in booking such optional activities or excursions. Your contract
for such Services will be with the organizer or operator of that service and will
be subject to its Terms & Conditions, which may contain exclusions or limitations
of liability. Cosmos has no liability for any such optional activity or excursion
or for any act(s) or omission(s) of the organizer or operator or for any of its
employees or agents or any other person(s) connected with the activity or excursion.
Any advice or assistance on or with any service provided by any local representative
does not mean or imply that is sold, supervised, or controlled by Cosmos or that
any such advice or assistance is given on behalf of Cosmos. Vacation participants
are asked to check with the operator of any optional activity or excursion and the
applicable Terms & Conditions before booking.
RESPONSIBILITY:
Group Voyagers, Inc., located at 5301 South Federal Circle, Littleton, Colorado
80123, USA, is an independent company (“the Company”) licensed to market and distribute
travel products under the Cosmos, Globus, Avalon Waterways & Monograms brand name,
and arrange for the vacation services offered on its Web site, including transportation,
sightseeing, and accommodations through independent contracts.
Air carriers, accommodations, and other suppliers (including but not limited to
trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services
are independent contractors and are not agents, employees, servants, or joint ventures
of the Company or its affiliates. All certificates and other travel documents for
services issued by the Company are subject to the Terms & Conditions specified by
the supplier, which are available upon request, and subject to the laws of the countries
in which the services are supplied.
The international carriage of passengers is subject to international conventions
and treaties, where applicable. These international agreements limit and, in some
events, exclude the carrier’s liability to passengers (vacation participants). Where
any claim or part of a claim (including those involving death or personal injury)
concerns or involves any travel arrangements (including the process of getting on
or off the transport concerned) provided by any air, sea, inland waterways, rail,
or road carrier or any stay in a hotel, the Company’s maximum liability is the maximum
which would be payable by the carrier or the hotel keeper concerned under the applicable
international convention, treaty, or regulation applicable to the travel arrangements
or hotel stay (e.g., but not limited to the Warsaw Convention, the Montréal Convention
for international travel by air, the EU Regulation on Air Carrier Liability for
air carriers with an operating license granted by an EU country, the Athens Convention
for international travel by sea) in that situation.
After departure, if the services included in the vacation cannot be supplied or
there are changes in an itinerary for reasons beyond the control of the Company,
the Company will arrange for the provision of comparable services. Any resulting
additional expense will be the responsibility of vacation participants, and any
resulting savings will be refunded by the Company to vacation participants.
The Company reserves the right to accept or reject any person as a vacation participant;
to expel any participant from any itinerary in the vacation; to make changes in
the itinerary whenever the Company deems it necessary for the comfort, convenience,
or safety of the participants; and to cancel a vacation at any time.
The vacation participant agrees that neither the Company nor its affiliates shall
be liable for any damage, loss (including personal injury, death, and property loss),
or expense occasioned by any act or omission of any supplier providing services,
any insurer or insurance administrator under the Trip Protection Plan, or any other
person.
DISPUTE RESOLUTION:
Any dispute between the vacation participant and the Company directly or indirectly
relating to the Terms & Conditions shall be first submitted to mediation at Denver,
Colorado, before a mediator mutually agreed to by the parties. If mediation is not
successful, the dispute must be resolved by binding arbitration under Colorado law
before the Judicial Arbiter Group or its successor located at 1601 Blake Street,
Denver, Colorado 80202. The prevailing party shall be entitled to an award of costs
and reasonable attorneys’ fees.
Arbitration against the Company must be commenced within one year following the
date of tour completion under the laws of the state of Colarado. Neither the Company
nor any affiliate shall in any case be liable for other than compensatory damages,
and you hereby waive any right to punitive damages. The Governing law for the Arbitration
proceedings would be laws of the state of Colorado, USA.
Any action to enforce the arbitrator’s decision shall be brought in the state or
federal courts in the State of Colorado, USA.
No person, other than an authorized representative of the Company by a document
in writing, is authorized to vary, add, or waive any term or condition on its Web
site, including any term or condition set forth in the preceding provisions.
TRADE NAME:
Cosmos is a service mark registered in the U.S. Patent and Trademark Office.
CST#2017032-20
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