General Terms and Conditions
These Terms and Conditions govern the relationship between you, the passenger, and us, the Tour Operator*. You agree to be bound by these Terms and Conditions. They state, among other things, our cancellation policy and certain limitations of liability. These terms affect your rights to sue, governing law, forum, and jurisdiction; please be sure to carefully read these terms and make sure you understand your rights and obligations and our rights and obligations.
*For all programs “Tour Operator” refers to AARK GLOBAL LLC dba Savitar Tours
Definitions
1. In these Terms and Conditions, the term “Tour Cost” refers to the sum of the base price for your trip, plus Single Supplement (if applicable), plus any air add-on costs and pre- or post-trip extension costs; but does not include any other items, such as taxes, surcharges, government fees, port charges, etc. (collectively, “Other Items”). The term “Tour Cost” refers to the Program Price plus the Other Items (but excluding the cost of the Travel Protection Plan).
Reservations and Payments
1. Land Tours: A deposit of $500 per person is required to secure your reservation. To secure reservations on a trip departing within 60 days, a full payment is required at the time of booking.
2. Small Ships and River Cruises:
A deposit of $500 per person is required to secure your reservation. To secure reservations on a trip departing within 60 days, a full payment is required at the time of booking.
3. All other programs: Please see individual program rate charts in the program’s proposal that is submitted for your per-person deposit requirement.
4. Final payment for all trips is due at least 60 days prior to departure, unless otherwise stated in the submitted proposal. Tour Operator reserves the right to cancel reservations that are not paid in full at any time after final payment is due, in which case cancellation charges will apply. Program proposal indicate prices per person and are based on double occupancy. Please note, airline fuel surcharges are previously charged as a separate component on your tour invoice. Our listed prices will then include these surcharges. Departure taxes, port charges, surcharges (other than airline fuel surcharges), and government fees are not part of our listed price and will be billed as separate items on your tour invoice. Surcharges that go into effect prior to your departure will be added to your tour invoice unless you pre-paid according to the terms of the submitted proposal.
The following taxes and fees will be added to your trip price. Please read the following carefully.
Government and other authority taxes and fees: September 11th Security Fee: A September 11th Security Fee of up to $2.50 USD applies per passenger, per flight segment (maximum charge per trip—$5.00 USD one-way, $10.00 USD round-trip). A flight segment is defined as one takeoff and one landing. Passenger Facility Charge: A Passenger Facility Charge (PFCs) of up to $16 per passenger. Federal Domestic Flight Segment Fee: A federal domestic flight segment fee of up to $3.30 USD applies per passenger, per flight segment (defined as a takeoff and a landing). US or International Departure and Arrival Charges: US or international departure and arrival charges of up to $200 may apply depending on itinerary.
5. Every effort has been made to produce pricing information accurately. Tour Operator reserves the right to correct promotional or pricing errors at any time, or to increase the Trip Price in the event of cost increases due to changes in airfares, cruise fares, currency fluctuations, park fee increases, taxes, or fuel surcharges, or other reasons, unless you pre-paid according to the terms of the submitted proposal.
Cancellations and Refunds
6. If you must cancel your trip, you may do so by calling Tour Operator via phone number supplied on your submitted proposal or by emailing Tour Operator via email supplied on your submitted proposal (info@savitartours.com), or by letter to the address supplied on your proposal. Send letters of cancellation to: info@savitartours.com. Cancellation charges will be calculated as of the date we receive your cancellation. Cancellation charges and refunds shall be calculated in accordance with these Terms and Conditions and Tour Operator’s cancellation policy. If you are due a refund, you first must return your air tickets and, if applicable, cruise tickets to Tour Operator. Any applicable refunds will be returned to you in the manner in which payment was made, and processed within 30 days of receipt of your cancellation.
7. Processing Fee: All cancellations made later than fifteen days after booking are subject to a non-refundable fee of $250. Cancellations made within 12 days after booking will be subject to the same fee, unless the reason for canceling given at the time of cancellation is your rejection of these Terms and Conditions. This fee reflects only Tour Operator's costs of administering a reservation.
8. Cancellation Charges Generally:
Unless otherwise stated in your proposal that was submitted, you will receive a refund equal to your Trip Price less the following per-person charges. Charges shown include the $300 administrative fee. A higher cancelation fee may apply to some tours.
8i. Cancellation Charges for Land Tours:
Prior to departure Charge
60 days or more 50% of selling price*
59-45 days 85% of selling price*
44-departure 100% of selling price
Different regulations and cancellation costs apply to airfare, and some may not be refundable. Although information can be given at the time of booking, it is the duty of the traveler to make sure that airfare restrictions and cancellation policies are understood and followed.
8ii. Cancellation Charges for Small Ships and River Cruises:
Prior to departure Charge
90 days or more $300
89-60 days 10% of selling price*
59-45 days 40% of selling price
44-31 days 65% of selling price
30 days–departure 100% of selling price
*or $300—whichever is greater
8iii. Cancellation Charges for Ocean Cruises and Other Programs: For ocean cruises and all other trips, please refer to respective trip’s proposal for cancellation charges.
9. If you are a no-show, if you cancel your trip after the departure date, or if you leave a trip already in progress, you will not receive any refund for any unused portion of your trip.
10. If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you may be subject to additional single supplement and travel protection fees.
Reservation Changes
11. If you make changes to your reservation that affect departure city, pre- and post-trip extensions, cabin categories or passport name changes between 90 and 45 days prior to departure (between 120 and 45 days prior to departure for Small Ship or River Cruises), an administrative charge of $50 per person will apply. Tour Operator cannot accept any changes to reservations within 45 days of departure. If you make changes to your departure date or destination, it will be treated as a cancellation and the relevant cancellation charges will apply. Traveler substitutions are considered reservation cancellations and are subject to the above cancellation charges.
12. On certain vacations, you have the option to enjoy breakaway travel at the end of your stay, subject to flight availability. This option enables you to travel on your own wherever you choose. Your total travel time cannot exceed 30 days from the original date of departure from the U.S. On the date of your ticketed return to the U.S., return to the airport of your departure for your flight home. There is a $150-$300 per-person, nonrefundable fee to request breakaway travel. Additional air charges may also apply. You will be responsible for confirming your international flight back to the U.S. and for your own transfers to the airport. All arrangements for breakaway travel must be requested in writing from the Customized Air Department no later than 71 days prior to departure. Confirmation information will be available approximately 45 days before your departure. Consult our Travel Counselors for details. Please note: Tour Operator does not assist in making travel arrangements during breakaway travel and does not assume any liability for any activity or trip you take independently while on this program and not under the direct supervision of Tour Operator. This would include liability for any changes made by an airline that affect your air arrangements for a period of time when you are traveling independently of your group, whether we handled the air ticketing or not. Refer to TCRC Restitution Fund Protection Program section for details. For more details please visit https://tcrcinfo.org/general-documents/Laws_Statutes-17550.pdf
13. All traveler requests, including Breakaways, preferred air schedules, and special accommodations, are subject to availability and are not guaranteed, and charges may apply.
14. In certain circumstances, Tour Operator overbooks its trips to offset anticipated cancellations. If, up to four days prior to departure, more passengers are booked than can be accommodated, Tour Operator will solicit volunteers to change their reservations. Customers affected by overbooking will receive compensation and will be offered an alternative departure date.
15. In certain circumstances, Tour Operator may change the departure date of your trip or Consolidate any trips that do not reach a minimum level of participation or are overbooked. In this event, you will be offered an alternative departure date or trip. If we are not able to agree upon a suitable alternative, you will be entitled to cancel your reservation and receive a full refund of your Trip Cost.
16. If Tour Operator cancels any optional extension that you have purchased, you will receive a refund of the amount you paid for the extension. However, if you subsequently decide to cancel the base (main) portion of your trip, cancellation charges will apply.
17. Tour Operator reserves the right to cancel or shorten a trip without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip.
Optional Travel Protection
18. In today’s changing travel environment, it’s important to protect your travel investment so you can relax and enjoy your trip. Unforeseen events such as flight delays, baggage loss or even a sudden sickness or injury could impact your travel plans. For your convenience, we offer a Travelex Insurance Services protection plan to help protect you and your travel investment against the unexpected. For more information on the available plans click here or contact Travelex Insurance 800-228-9792 and reference location number 05-1860. To get a quote or enroll click here
The product descriptions provided here are only brief summaries and may be changed without notice. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. Travelex Insurance Services, Inc CA Agency License #0D10209. Travel Insurance is underwritten by Berkshire Hathaway Specialty Insurance Company, NAIC #22276. V94
Single Travelers
18. Most trips offer a limited number of single rooms, subject to availability and hotel space. Please see individual proposal for Single Supplement costs.
19. Roommate matching: If you reserve a trip where sharing is possible and you would like to share a twin-bedded room with another single traveler of the same gender, Tour Operator will do its best to match you with a roommate and you will not be charged a single supplement even if Tour Operator is not able to match you.
Credits
20. You will receive a credit valued at 5% of the Program Price (less any discounts), which may be applied to any Savitar Tours trip on which you depart within one year. After the first year, no credit is available for future trips. Please note, some restrictions apply.
Passports and Visas
21. A valid passport is required for U.S. citizens traveling on our international trips. You will be notified if your destination requires a visa for U.S. citizens. All passports must contain at least five blank pages and must be valid for six months after the completion of your trip. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their trip, as Tour Operator is not responsible for providing you with this information or documentation.
Air Arrangements
22. You will receive final documents approximately fifteen days prior to your departure date that will include your airline tickets (if issued through Savitar Tours). Whenever possible, we arrange your flight schedule so that you have at least one hour (or legal permitted time by respective airlines) between connecting domestic flights and international flights. In some cases, your connecting time could be two hours or more. These Tour Operator guidelines allow you more time than the minimum required by the U.S. Federal Aviation Administration. Please note that your airline tickets and other trip documentation must bear your first, middle and last names exactly as they appear on your passport. It is your responsibility to check your travel documents when you receive them to make sure they are correct. If they are not correct, please contact Tour Operator immediately. Please note, airline fuel surcharges were previously charged as a separate item on your tour invoice. Our listed prices will include these surcharges.
23. To provide you with the lowest possible airfares, Tour Operator takes advantage of special promotional fares. These fares can be quite restrictive and carry cancellation charges imposed by the airlines ranging from 25% to 100%. Therefore, any penalties resulting from flight changes at your request after flights are ticketed will be your responsibility.
24. Tour Operator is not responsible if an airline cancels or delays a flight for any reason (including weather). If you are unable to make your departure, it is your responsibility to work with the airline on which you are ticketed to reach your destination. Tour Operator is not responsible for any additional expenses you may incur prior to joining your trip. Tour Operator is not responsible for and will not provide any refund for portions of trips missed due to cancelled or delayed flights.
25. If an air schedule requires an overnight stay in a gateway city, the costs of the overnight stay (including hotel and meals) are at your expense. Air routings are subject to availability. Routings are not guaranteed, and are subject to change at any time.
26. Most programs offer Business Class upgrades on the transatlantic/transpacific portion of your flight, subject to availability. Routings, carriers, and scheduling may differ for Business Class travel compared to non-Business Class travel.
27. Depending on the contracts we hold with various airlines, Tour Operator will be pleased to make your air reservations to your gateway city from an airport close to your hometown. Just contact our Travel Counselors with your request. If Tour Operator is able to arrange this flight for you, then we’ll help you get to your final destination should your domestic flight to your international gateway be delayed. If Tour Operator is unable to arrange this flight for you, then you are responsible for arranging your own transportation to the international gateway so that you arrive in time to make your international connection. If you make your own domestic or international flight arrangements, Tour Operator will not be responsible for any loss resulting from cancellations or changes in international gateways or travel dates. We recommend that you do not purchase tickets with high penalty charges for changes.
Medical Issues
28. You must advise Tour Operator in writing, at or prior to booking, of any physical, emotional or mental condition which (a) may affect your ability to fully participate in the trip; (b) may require professional attention during the trip; or (c) may require the use of special equipment. If any such condition arises after the trip is booked, you must advise Operator in writing immediately.
29. Tour Operator reserves the right to decline or cancel your reservation, or to remove you from a trip in progress, if Tour Operator reasonably determines your condition would adversely affect the health, safety, or enjoyment of you or of other participants. If Tour Operator removes you from a trip in progress pursuant to this paragraph, you will not be entitled to any refund of your Trip Price and Tour Operator shall have no further liability.
30. Most Tour Operator trips are not wheelchair-accessible, as wheelchair assistance or accessibility in international destinations cannot be guaranteed. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. If you are unable to travel without assistance, a companion must accompany you. If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition. Tour Operator cannot accommodate motorized scooters of any kind. On international trips, Tour Operator cannot accommodate women past their sixth month of pregnancy and cannot accommodate service animals.
31. If you have a condition as contemplated herein, you travel at your own risk. Tour Operator is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
32. Tour Operator is not responsible for the costs of any medical treatment you may require during the trip. Under no circumstances is Operator responsible for the quality of medical care, or lack thereof, you may receive while on the trip.
Responsibility
33. The responsibility of Tour Operator and its affiliated companies is strictly limited. As a tour operator, we (the Tour Operator) organizes, promotes, and sells tour programs consisting of certain travel services, including surface, air, and water transportation, sightseeing excursions, and cruise/hotel accommodations that tour Operator purchases or reserves from various suppliers (collectively, “Suppliers”). Tour Operator does not own or operate any of these Suppliers. The Suppliers providing travel services for Tour Operator’s tour programs are independent contractors, and are not agents or employees of Tour Operator. As such, Tour Operator is not responsible for any negligent or willful act or failure to act of any supplier or of any third party. Some tours include visits to shops and merchants. Tour Operator is not responsible for any purchases you make during your trip, whether that merchant is part of the scheduled itinerary or not. By utilizing the travel services of the Suppliers, you agree that you will look to such Suppliers for any accident, injury, property damage, or personal loss to you or to those traveling with you, and that neither Tour Operator nor any representative of Tour Operator shall be liable.
34. Without limitation, Tour Operator is not responsible for any injury, loss, or damage to person or property, death, delay, or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations (except as expressly set forth herein), mechanical or other failure of airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, sanitation problems, lack of medical care, or for any other cause beyond the direct control of Tour Operator.
35. To the extent that Tour Operator is involved in booking air transportation for you, Tour Operator acts as an agent of the air carrier and not as your agent. For all other purposes, Tour Operator does not act as an agent for any party whatsoever.
36. Tour Operator reserves the right to decline to accept or retain any person as a member of any trip. Except as discussed above in “Medical Issues” your sole remedy shall be a prorated refund of your Trip Price for any unused portion of the trip.
37. Tour Operator reserves the right to modify itineraries and substitute hotels and accommodations. Included features may not be available for all departures.
38. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account. This business is a participant in the California Travel Consumer Restitution Corporation.
Applicable Law and Liability
39. This relationship shall be governed by the laws of the Commonwealth of California without regard to conflicts of laws principles. Any claims against Tour Operator must be brought in the Courts of the Commonwealth of California, to the exclusion of the Courts of any other state and country. Any action for damages, whether arising from contract, tort, or otherwise must be brought within one year from the date of departure, or else shall be irrevocably waived.
40. In no event shall Tour Operator be liable for any indirect, consequential, punitive, multiple, incidental, special or exemplary damages, however caused, and whether in contract, tort or under any other theory of liability, and regardless of whether Tour Operator has been advised of the possibility of such damages. Notwithstanding the foregoing, Tour Operator’s liability for damages here under shall in no event exceed the amount actually paid by you to Tour Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
41. The sole exception to the choice of forum and limitations of liability shall be for any claim relating to the ownership and/or operation of any river or ocean cruise vessel, for which venue and limitations of liability shall be in accordance with the Passenger Ticket Contract governing passage on the applicable vessel. See Passenger Ticket Contract, below, for specific details.
For River Cruise and Small Ship Passengers:
PASSENGER TICKET CONTRACT
In addition to the Terms and Conditions stated above, for Small Ships and River Cruises, the following Passenger Ticket Contract governs the relationship between you and the owner and operator of the Vessel. In the event of an inconsistency between the Terms and Conditions and this Passenger Ticket Contract, the terms of this Passenger Ticket Contract shall govern.
Parties to This Contract
a. This Contract is an agreement between you, as passenger, and the owner and operator of the Vessel and their respective affiliates, subsidiaries, parent companies, agents, servants, employees, and independent contractors (collectively, the “Carrier”). The name of the owner and operator for your specific River or Small Ship Cruise is available upon written request.
Vessel and Accommodation
b. Carrier reserves the right to substitute, without previous notice, a comparable or
Superior vessel. If this should occur, Carrier is not responsible for any losses you may incur as a result. If a reserved berth is not available, Carrier may, at its option, substitute accommodations of an equal or superior class or provide a full refund of the fare actually paid by you for such cruise, or substitute accommodations of a lower class and provide a refund of the difference, if any, between the booked class and the substitute class for such cruise, but Carrier shall not incur any other liability for failure to provide the reserved berth.
c. If the Vessel is not able to complete the scheduled itinerary due to low water, high water, mechanical breakdown, or other reason, Carrier reserves the right to modify the itinerary, which right shall include the use of hotels and motor coaches where necessary.
Carrier’s Liability
d. The provisions and limitations of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (the “Athens Convention”) and the International Convention on Limitation of Liability For Maritime Claims, 1976 (the “1976 Convention”) are incorporated in this Passenger Ticket Contract. Where the terms of this Passenger Ticket Contract conflict with any applicable mandatory provision of law or international convention, including, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 1988 (the “CLNI Convention”), the provisions of that law or convention prevail. Copies of all applicable Conventions are available on request. Carrier shall be liable in accordance with the provisions and limitations of the Athens Convention and the 1976 Convention. The Athens Convention and the 1976 Convention in most cases limit our liability for death, personal injury, and lost or damaged property.
e. The Athens Convention presumes that luggage has been delivered un-damaged unless written notice is given to Carrier:
(i) in the case of apparent damage, before or at the time of disembarkation or re-delivery; or
(ii) in the case of loss or non-apparent damage, within 15 days of the date of disembarkation or re-delivery or from the time when re-delivery should have taken place.
f. Under the Athens Convention any action for damages arising out of personal injury, death, or lost or damaged luggage shall be time-barred after a period of two years. The limitation period shall be calculated as follows:
(i) in the case of personal injury, from the date of disembarkation of the passenger;
(ii) in the case of death, from the date when the guest should have disembarked or the date of death, whichever is later;
(iii) in the case of lost or damaged luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.
g. Notwithstanding the above, in no case shall an action be brought after the expiration of a period of three years from the date of disembarkation of the guest or from the date when disembarkation should have taken place, whichever is later.
h. Carrier shall not be liable for lost or damaged valuables, except where such valuables have been deposited with it for the purpose of safe-keeping in which case Carrier shall be liable up to the limit provided for in the Conventions.
i. Where any of the Conventions permit us to apply a deductible, Carrier may apply that deductible.
Third-Party Providers
j. Carrier is not responsible for any concessionaire providing personal services. Carrier is not liable for the consequences of any medical examination, advice, diagnosis, medication or treatment furnished. Charges for any medical, professional or personal services you request will be your sole responsibility.
Carrier’s Reserved Rights
k. Nothing contained in the Ticket Contract shall be construed to deprive Carrier of the benefit of Subtitles II and III of Title 46, United States Code, (as revised and amended) or of any other Convention, Statute or law whatsoever which might be applicable providing for exoneration from or limitation of liability.
Choice of Law and Forum
l. All questions arising on the Ticket Contract shall be governed by English law. Where the Athens Convention or any law applies mandatory, venue shall lie before any court sanctioned by that Convention or law. In all other cases the Courts of England and Wales situated in London, England shall have venue for all disputes arising under this Passenger Ticket Contract and/or arising out of the ownership and/or operation of a river cruise ship, to the exclusion of the jurisdiction of the courts of any other country.
