TERMS AND CONDITIONS APPLYING TO THIS PURCHASE
CONSENT TO TERMS AND CONDITIONS
These are AMBASSADOR TOURS, INC’S (“Ambassador,” the “Agency,” “we,” or “our”) terms and conditions (“Terms”). These Terms apply to this travel transaction, and to you, the traveler or purchaser (“you,” “your,” “traveler,” and/or “purchaser”). Read these Terms carefully. By paying sums due or by using Ambassador’s services, you accept these Terms. These terms restrict your rights and remedies and provide protection to Ambassador. These also include warranty disclaimers and liability exclusions.
If you disagree with or are not willing to be bound by anything is in these Terms, including warranty disclaimers, liability exclusions, and mandatory arbitration, or if you consider something is missing from these Terms, or if there is any part of these Terms you do not agree with, please do not use Ambassador’s services. No alterations to these terms and conditions may be made by any Ambassador’s employee, authorized representative or agent, unless in writing by an Ambassador authorized officer.
REGISTERED SELLER OF TRAVEL
Ambassador is a California Corporation, and a registered Seller of Travel in California, CST # 1002139-10. The California Seller of Travel law requires sellers of travel to have a trust account or bond. Ambassador maintains a trust account. Registration as a seller of travel does not constitute approval by the State of California.
NO LIABILITY
Ambassador assumes no liability or responsibility for schedule changes, delays, accidents, injury to person or property or for designated accommodations or conveyance or any other irregularity or change in accommodations or services beyond our control. All prices for transportation, accommodations, sightseeing and other services quoted are based on tariffs and currency exchange rates current at the time of issuance and are subject to change without notice prior to passenger’s departure.
AGENT
Ambassador issued this travel voucher/invoice to you as agent for the owners, wholesalers and/or contractors (the “Suppliers”) whose name appear on the face of this document. They are the suppliers of the transportation and/or services specified in the document. Ambassador’s sole financial liability to you is limited to the amount of commission it receives from the Suppliers in arranging transportation and/or services on your behalf.
PAYMENTS AND CANCELLATIONS
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to Ambassador in writing. As a result of cancellation, Ambassador’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, and each supplier’s Web sites. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your Ambassador agent. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund.
DEPOSIT REFUNDS
If any Supplier cancels the specified transportation and/or other services or accommodations for any reason other than financial insolvency, the Agency is bound to refund all deposits received on behalf of Supplier upon notice and refund from the Supplier.
Upon cancellation of the transportation or travel services, where you, the passenger, are not at fault and you have not canceled in violation of any of these Terms, or any of Supplier’s terms and conditions, all of which are hereby clearly and conspicuously disclosed to you, and agreed to by you, all sums paid by you to us for services not provided will be promptly paid to you, unless you otherwise advise us in writing, after cancellation.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
This voucher/invoice is issued subject to all of the Supplier’s terms and conditions for transportation or other service.
Ambassador acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“Supplier(s)”), and is not the source or provider of the travel services. Each of these Suppliers is an independent entity with its own management, and is not subject to Ambassador’s control. You are advised that the Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those Suppliers, and understands and agrees each Supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Web sites, which govern the transaction. All bookings are accepted by Ambassador as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites.
BECAUSE AMBASSADOR ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE INDEPENDENT OPERATOR(S)’S AND SUPPLIER(S)’S OPERATIONS, YOU AGREE AMBASSADOR IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THOSE SERVICES. AMBASSADOR DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH AMBASSADOR’S OFFICE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE SUPPLIER’S FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF AMBASSADOR’S CONTROL, AND YOU HEREBY EXONERATE AMBASSADOR FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Ambassador shall not assume any responsibility for any air and/or ground schedule changes. Ambassador has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from Ambassador will be limited to the commission and fees paid by Customer actually received by Ambassador.
FORCE MAJEURE
“Force Majeure” means any circumstances beyond Ambassador’s reasonable control (including, but without limitation, acts of G-d, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Ambassador shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
If Ambassador, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Ambassador to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Ambassador shall use its reasonable efforts to reimburse you where possible. However, Ambassador shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Ambassador of the Force Majeure and applicable cancellation fees.
TRAVEL INSURANCE
Ambassador offers access to many optional products and services to enhance every travel experience. Options such as travel insurance protect passengers and their investment. Unless specifically noted, travel insurance is not included in the cost of customer’s itinerary to protect against third party supplier default/bankruptcy protection, delay, interruption, missed connection for cruises, cancellation, medical emergency transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Proper insurance may protect you from financial loss in almost all circumstances. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded, and Ambassador’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Ambassador. Employees of Ambassador are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
ALTERATIONS IN TRAVEL PLANS
While we seek to have the accommodations and travel arrangements conform as close as reasonably possible to the brochure; you understand that travel is, by nature, incapable of being subject to precise schedules and that room or cabin changes may be required by events beyond our control of the Supplier’s control.
SUBSTANDARD ACCOMMODATIONS
If you determine that accommodations or the travel arranged is substandard that they are not as represented in the brochure, Traveler shall immediately notify the Supplier and Ambassador in writing so that attempts can be made to resolve the problem. Traveler understands that if Traveler continues on the tour or cruise that Traveler cannot later claim a refund and agrees that written notice to Ambassador and the Supplier prior to use of such accommodations or travel is required should Traveler wish to claim an adjustment. Further it is understood that utilization of the services by Traveler without written notice of objection shall act as a waiver of any claim against Ambassador for reimbursement.
DISPUTE RESOLUTION: BINDING ARBITRATION – CLAIMS OVER $5,000.00
All disputes concerning this Agreement, or its breach, in which the amount claimed is in excess of five thousand dollars ($5,000), shall be resolved by binding arbitration, under the auspices of, and according to the rules of the American Arbitration Association (AAA”), at San Francisco, California, with the award of the arbitrator being entered in any court of competent jurisdiction. The prevailing party shall receive reasonable attorneys’ fees and costs incurred both in the arbitration and in court enforcement of the arbitration award. The Parties understand they waive their right to trial by jury by agreeing to binding arbitration.
DISPUTE RESOLUTION: SMALL CLAIMS COURT – CLAIMS UNDER $5,000
Any claims for sums less than five thousand dollars ($5,000) shall be resolved in the Small Claims Court of the City and County of San Francisco, California.
TRAVEL CONSUMER RESTITUTION CORPORATION (TCRC)
RIGHT OF CALIFORNIA CUSTOMER TO MAKE CLAIM ON THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND
In the event of this Travel Agency's/Supplier default, you may be eligible for a refund of up to $15,000 from the California Travel Consumer Restitution Fund. If you were located in California at the time of your purchase, you have a right to make a claim against the Fund for a refund of any money paid to this Travel Agency that is due because of this Travel Agency's/Supplier bankruptcy, insolvency, cessation of operations, or material failure to provide the transportation or travel services sold. The claim must be filed within 60 days (no later than 6 months) after you become aware of your loss. If your loss exceeds $50, you must file a claim to be eligible for reimbursement from the fund. To request a claim form, send a $35 filing fee to the: Travel Consumer Restitution Corporation @: P.O. Box 6001, Larkspur, CA 94977-6011.
Upon cancellation of the transportation or travel services, where you are not at fault and have not canceled in violation of the terms and conditions, if any, of the contract for transportation or travel services, all sums paid to this Travel Agency for services not received by you will be promptly refunded by this Travel Agency unless you otherwise advise this Travel Agency in writing.
CONSUMERS NOT LOCATED IN CALIFORNIA
This transaction is not covered by the California Travel Consumer Restitution Fund. You are not eligible to file a claim against that Fund in the event of Travel Agency's/Supplier default.
GENERAL
The laws of the State of California, USA, govern these Terms and Conditions.
These Terms supersede and void all prior understandings, agreements or representations between the parties.
If any part of these Terms is determined to be invalid or unenforceable under law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms (and any other referenced third-party terms and conditions) constitute the entire agreement between the you and Ambassador with respect to travel bookings made with Ambassador, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ambassador.