Welcome to Gastro Tours, LLC 

 

Terms and Conditions as of August 2019

 

 

The following agreement outlines important terms and conditions regarding the trip being purchased including, but not limited to, our rights to cancel or alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers.

 

Agreement

 

The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the “traveler” and Gastro Tours, LLC (“Gastro Tours”) with respect to any and all bookings, tours, or transactions made with Gastro Tours. 

 

By making a booking, the traveler accepts all of the terms and conditions in this agreement. All travelers named in this booking are subject to this agreement. By making a booking, you affirm that you have made all other travelers listed in the booking aware of these terms – regardless of how final payment is made – and that all travelers accept these terms.

 

Deposit and Payment Details

 

To make a reservation, payment in full of the tour is required unless otherwise stated on the Trip Itinerary page. Bookings are confirmed via email confirmation notification. 

 

Payments must be in U.S. dollars and may be made by Visa, MasterCard, Discover, or American Express credit cards. Payments will be listed as Gastro Tours or Gastro Tours LLC on the credit or debit card statement.

 

A booking is not final or confirmed until you receive a confirmation from us by email.

 

We reserve the right to decline any booking for any reason permitted by law, including, but not limited to, those described in other sections in this agreement.

 

Tour Prices and Additional Expenses

 

Final tour prices will depend on the number of travelers in the tour, and will be quoted to the client at the time of booking and total amount will be clearly indicated on the booking page before purchase.

 

Any expenses incurred by the client during a tour that are not explicitly listed in the “inclusions” section of the itinerary, are the responsibility of the traveler and will not be paid by Gastro Tours, LLC. This may include, but is not limited to, air and other transportation (unless otherwise specified) to and from trip start and termination points; services and meals not listed in the itinerary; all expenses during leisure time including admission fees, meals, and beverages; passports or other travel documents; travel insurance or travel protection (i.e., medical insurance, emergency evacuation and similar services); airport arrival/departure fees or country taxes; personal expenses; gratuities; and all items of a personal nature.

 

All lunch and dinner menus included in the tour are pre-arranged by Gastro Tours prior to booking of the tour and any additional beverages or á la carte items ordered by the traveler(s) and not included in the menu shall be paid by the traveler(s).

 

The tour price is in U.S. dollars, based on double occupancy and includes the services specified in the inclusions section, such as meals, accommodations, admission fees and guided activities as stated.

 

A single supplement is paid by travelers(s) who request single accommodations, which are subject to availability and paid separately.

 

Trip prices are subject to change without notice. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

 

The value of the booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Any bank/conversion fees are the responsibility of the traveler(s) and not the responsibility of Gastro Tours. Gastro Tours will not pay for or reimburse any such fees incurred by the traveler(s). 

 

Cancellations & Refunds

 

To cancel your booking, the traveler(s) must do so in writing by emailing Gastro Tours with your complete booking details at reservations@gastro-tours.com or call +1 (347) 470-5194.

 

Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification:

 

Days before departure date /Cancellation fee per participant

96 days+ / $500

61-95 days / 50% of trip price*

0-60 days / 100% of the trip price

 

Gastro Tours will refund the applicable balance to the traveler(s) using the original payment method for booking.

 

No refunds shall be made if the traveler(s) fails to show up for a tour departure; arrives late or leaves a tour early; voluntarily chooses not to participate in any activity or service contracted in the tour.

The trip price is a package cost and refunds and credits are not available for services not used.

 

Gastro Tours is not responsible for expenses incurred by traveler(s) in preparing for a trip (eg. nonrefundable advance purchase air tickets, equipment, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified, or cancelled by Gastro Tours or by the traveler(s) for any reason. Some tours/experiences listed on our website may require a minimum number of people to fulfill the activity. Gastro Tours reserve the right to cancel or postpone the tour if the minimum group size is not reached, in which case, we recommend that you either purchase refundable air tickets or wait until we have confirmed a sufficient number of travelers. In the instance a tour is cancelled, traveler(s) will receive a credit towards a future tour, or in the alternative, receive a refund. 

 

Changes to an Itinerary 

 

Should a client wish to alter a booking (i.e. change dates, accommodations or activities arranged on a custom basis), Gastro Tours will make reasonable efforts to comply with such requests. Traveler(s) are responsible for payment of any expenses resulting from such changes.

 

If a traveler(s) decides to change the tour in any way once it has commenced, traveler(s) may do so at their own expense. No liability for any loss, damage or additional expenses arising therefrom; no refund/reimbursement will be made/incurred by Gastro Tours. 

 

Please contact Gastro Tours at reservations@gastro-tours.com or call +1 (347) 470-5194 for any changes needed. 

 

Cancellations or Changes Made by Gastro Tours

 

Cancellations or Changes by Us: Gastro Tours reserves the right to refuse, block or cancel a booking at any time, for any reason, at its sole discretion.

 

When a booking is canceled, the traveler(s) agree that a full refund of trip payments made to Gastro Tours will constitute full settlement of any claims against Gastro Tours or their parent corporations, subsidiaries, and affiliates, directors, officers, employees, agents, attorneys, heirs, executors and administrators.

 

Gastro Tours reserves the right to modify the locations specified in the itinerary subject to availability at the time of booking.

 

Gastro Tours reserves the right to cancel, alter, or modify a fully guided tour prior to departure for any reason, including insufficient traveler(s) reservations. 

 

To the extent Gastro Tours must cancel a trip for any unforeseen circumstance beyond the reasonable control of Gastro Tours, including but not limited, acts of nature, terrorism, war, labor strikes, earthquake, flooding, etc., Gastro Tours will refund the portion of the trip price not already advanced to suppliers. Gastro Tours does not guarantee recovery of any or all of the advance payments made, and the use of reasonable to recover these payments will not include the institution of legal proceedings in foreign jurisdictions.

 

Credit Card Authorizations for Post-Booking Charges

 

Traveler(s) authorize Gastro Tours to charge traveler(s) credit card for any cancellation fees or supplemental payments incurred post-booking.

 

Responsibility 

 

Gastro Tours acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your trip (“Supplier” or “Suppliers”). Traveler(s) acknowledge that these Suppliers are independent contractors, are not managed by Gastro Tours, and are not agents or employees of Gastro Tours. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the specific country.

 

Force Majeure

 

Gastro Tours is responsible solely for coordinating tour-related services and goods that are specifically included within an agreed upon tour itinerary. Gastro Tours does not accept liability for loss or damage of personal affects, or any injury or loss during a trip due to ‘force major” or where the performance of contractual obligation is prevented or affected by “force majeure”. In these booking conditions, “force majeure” means any event which Gastro Tours or the suppliers of any services could not, even with all due care, foresee or avoid. Such events may include labor strikes, natural or man-made disasters, adverse weather conditions and all events outside the control of Gastro Tours or the supplier(s).

 

Travel Insurance 

 

The trip price does not include travel insurance. We strongly recommend that you purchase comprehensive travel protection, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the traveler(s). Traveler(s) also agree to assume all costs of medical care, evacuation, transportation, and related costs.

 

Documentation Required

 

It is important that you carefully read all trip-related documents received from Gastro Tours by email as soon as received, including the Traveler Information form. It is the traveler(s) responsibility to contact Gastro Tours if any information is incorrect. Gastro Tours does not accept any liability for inaccuracies which the traveler(s) fails to notify Gastro Tours within thirty (30) days of receipt by traveler(s) from Gastro Tours.

 

Passports and Visas 

 

Traveler(s) are responsible for ensuring that all necessary travel documents are valid and effective and in the traveler(s) possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after the date of return. We suggest traveler(s) apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. Traveler(s) assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. Traveler(s) are also solely responsible for any adverse consequences resulting from incomplete or defective documentation.

 

Health Requirements & Medical Care

 

By making a booking, the traveler represents that the traveler(s) do not have any known physical, ailment, injury or other conditions that would create a hazard for the traveler(s) or other traveler(s) or affect other traveler’s enjoyment of the trip.

 

If the traveler(s) have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, traveler(s) must inform Gastro Tours in the “Add Comments” section when making a booking. Gastro Tours reserves the right to accept, decline, or remove anyone from a trip (at departure or during the trip) who is incapable of meeting the trip’s physical demands.

 

Complaint Procedure

If you have a complaint during your trip, please notify Gastro Tours of the problem.

 

If the traveler(s) are not satisfied after the tour, traveler(s) must submit any complaints in writing to Gastro Tours within thirty (30) days of the trip’s end date.

 

Trip Start Date 

 

It is the traveler(s) responsibility to be ready to embark on the trip as specified in the itinerary. Gastro Tours is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.

 

Trip Safety & Etiquette 

 

You must strictly comply with all local laws and respect local customs and culture. During the trip, Gastro Tours or the local guide or supplier has the right to remove anyone a) incapable of meeting the demands and requirements of participating in the tour activities; or b) who detracts from others’ enjoyment of the tour.

 

Traveler Code

 

By making a booking, the traveler(s) certify and agree to the following Traveler Code:

 

I have chosen a trip that suits my abilities, level of fitness, and state of health.

I do not have any physical conditions or disabilities relevant to this tour that could be a hazard to me or other travelers.

I have a valid passport and all visas, permits, certificates, and vaccinations required for travel.

I will make sure to communicate any special requests at least 30 days prior to travel. This includes dietary restrictions, medical requirements and room preferences. I also understand that Gastro Tours will make a reasonable effort to accommodate special requests but cannot guarantee they will be possible.

I will respect the laws and customs of countries visited.

I will respect the rights and privacy of other trip members, when partaking in group tours.

I understand that Gastro Tours reserves the right to refuse service during a tour to anyone whose health or behavior could impede the welfare or enjoyment of fellow guests.

I understand access to medical facilities and evacuation services may be limited.

 

Your Liability 

 

Traveler(s) agree to defend, indemnify and hold harmless Gastro Tours and all of its respective owners, members, officers, directors, employees, agents, and successors and assigns from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

 

Breach of this Agreement or the documents referenced herein by traveler(s);

Violation of any law, rule, regulation or guideline by traveler(s);

Violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy by traveler(s);

Use of this Website by traveler(s);

Booking or use of any Products obtained through this Website by traveler(s); or

Negligence or willful misconduct by traveler(s).

 

Image Release

 

You give Gastro Tours and its suppliers your consent to use images of you taken during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. If you do not wish to be a participant in any marketing or promotional material, you must express this in writing via our general email prior to your tour or experience.

 

LIMITATION OF REMEDIES

 

YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT BY GASTRO TOURS LLC ARISING UNDER THIS AGREEMENT SHALL BE THE RETURN OF THE PAID TOUR COST. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GASTRO TOURS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GASTRO TOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.

 

Updating of Terms and Conditions

 

Gastro Tours reserves the right to update and/or alter these terms and conditions at any time. Gastro Tours will provide traveler(s) with an email notification of any changes to the terms and conditions, and provide traveler(s) an opportunity to cancel a tour based on the same. It is the traveler(s) responsibility to be familiar with these terms and conditions.

 

APPLICABLE LAW AND CHOICE OF FORUM

Any dispute arising out of this agreement, including all tort claims and any dispute relating to bookings, tours, or transactions made with Gastro Tours – whether such dispute arises in contract or in tort or otherwise – shall be resolved exclusively by the state and federal courts located in New York, NY, and you agree to personal jurisdiction of those same courts. The laws of the State of New York, USA, govern this agreement.

 

Liability, Assumption of Risk & Indemnification

 

All travelers are required to accept Gastro Tours’s Liability Waiver, which is a legally binding agreement. Please read this carefully and be prepared to accept and acknowledge the waiver at the appropriate time, prior to your trip departure. 

 

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

 

I am voluntarily participating on the Tour, which will involve a variety of activities depending on my itinerary and the activities in which I elect to participate, including but not limited to: sightseeing, classes, demonstrations, tastings, guided tours, walking, hiking, swimming in various bodies of water such as rivers and lakes, nature walks, encounters with wild fauna and flora, and/or other outdoor activities or sports (collectively, “Activities”). I understand that this list is not exhaustive of all Activities that may be made available to me and that I may decide to participate in.  

 

I also acknowledge that I am voluntarily participating on the Tour with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: dangers and risks inherent in Activities; negligence by Gastro Tours and/or its suppliers and local operators in the conduct or arrangement of the Tour in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; muscle strains, pulls, tears, broken bones, and shin splints; forces of nature; civil unrest and war; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in my country; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; contact with wild animals whether on foot or in vehicles; social or labor unrest; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climatic conditions; abnormal conditions or developments; negligence by third-party service providers; financial default of any third party suppliers; and any actions, omissions or conditions outside of Gastro Tours’s control not mentioned herein.

 

I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Tour provided by Gastro Tours. Furthermore, guides/ instructors/facilitators have difficult jobs to perform involving judgment of the weather, the elements, the terrain, and other aspects of the Tour. They must also make judgments when providing warnings or instructions. They seek safety, but they are not infallible and may misjudge the weather or other environmental conditions.

 

I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on a Gastro Tours tour. A complete listing of inherent and acquired risks is not possible.

 

I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of a Minor, I have discussed the travel risks with the Minor, and he or she wishes to participate in the Tour nevertheless.

 

MEDICAL CERTIFICATION

 

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Tour, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.

WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE

 

To the fullest extent permitted by law, I, an adult traveler, or as parent or legal guardian of the Minor, for myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Gastro Tours, its owners, shareholders, officers, employees, directors, representatives, volunteers, guides, local operators and suppliers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I or the Minor now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by Gastro Tours whether arising from the Released Parties’ negligence or otherwise.

 

In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my or the Minor’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.

 

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Minor (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risks associated with the Tour and to release the Released Parties from any and all liability to the maximum extent permitted by law.

 

 

Contact Information

 

If you have any queries regarding any of our terms, please contact us at hola@gastro-tours.com.

Contact Us:

Phone: +1 (347) 470-5194

Email: hola@gastro-tours.com

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