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Mango Travel, LLC. GENERAL TERMS & CONDITIONS
NOTIFICATION OF LIMITATIONS TO FOLLOW. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions govern the relationship between you and Mango Travel, LLC doing business as Mango Travel (hereinafter referred to as “the Company” or “Mango Travel”). By booking a trip, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow.
By making a booking by telephone, or on our website, or by email or facsimile with the Company, you accept and are bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. The person or persons named on the booking are hereafter referred to as the “Client”. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein.
2. DEPOSIT REQUIREMENT
At time of booking a deposit of USD$200.00 per person per tour is due. If booking 60 days or less prior to departure, full payment is due.
3. FINAL PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS
(A) Final Payment - Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled.
(B) Client Details
In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client details with their final payment as per the dates specified in section 3(a). If the Client does not provide all client details within 60 days before departure, a fee ofUSD$25.00 may be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date and medical form (where applicable), full name as it appears in the passport you are traveling with, date of birth and nationality.
(C) Traveling with Children
An adult over the age of 21 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). All enquiries with respect to children are subject to review and approval by Mango Travel and Mango Travel reserves the right to restrict the number of travelers under the age of 18 on our tours. If the adult accompanying the child is not the child’s parent, then a "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company prior to departure.
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4. LAST MINUTE BOOKINGS
For any bookings made within 30 days of departure, Mango Travel reserve the right to impose a USD$50.00 fee charged to the file to cover any additional costs for couriers, communication and administration fees.
5. CANCELLATION BY THE CLIENT
Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable. The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance.
A: Cancellation 60 days or more before departure and within 5 days or registration: No penalty
B. Cancellation 60 days or more before departure: Loss of deposit.
C. Cancellation 59-30 days before departure: 50% of cost of services booked.
D. Cancellation less than 30 days before departure: 75% of cost of services booked.
6. CANCELLATION OF A TOUR BY THE COMPANY
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control. When a tour is cancelled by the Company, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the alternative tour chosen is of a higher value than that originally booked, then the Client must pay the difference in price.
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7. UNUSED SERVICES
No partial refunds are possible for unused services including hotel rooms, air or land transport, trekking days, meals, or other sightseeing excursions. This includes voluntary or involuntary termination/departure from tour, ie. sickness, death of a family member, etc.
8. PRICES AND SURCHARGES
We reserve the right to impose surcharges (price increases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the tour cost,
excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid. Cancellation requests must be received in writing.
9. FLEXIBILITY
The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unforeseeable circumstances.
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10. CHANGES
(a) Changes made by the Company: The Company reserves the right to change any of the facilities or services described on the website before a booking is made. While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative tour offered by the Company.
(b) Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 60 days before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour.
(c) Transfer of name: Name changes are allowed upon written request to and approval from the Company. The Company reserves the right to pass on any resulting charges to the Client.
11. ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. By signing up for an Mango Travel trip, the Client agrees to the following:
“I understand traveling with Mango Travel may involve risks (and rewards) above and beyond those encountered on a more conventional vacation, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Mango Travel “details and planning” document for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to Mango Travel representatives. I accept these risks and obligations and I fully assume the risks of travel. I fully and forever release and discharge Mango Travel LLC and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons”
12. AUTHORITY ON TOUR
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with us the Client agrees to abide by the authority of the tour leader or Company representative, who represents the Company. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Mango Travel at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
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13. TRAVEL DOCUMENTS
The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (your passport must be valid 6 months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided.
14. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)
Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war-like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.
15. INSURANCE
It is mandatory that all Clients obtain travel insurance with a minimum coverage of US$75,000 while traveling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
When the Client has obtained travel insurance through the Company, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by the Company. Where the Client has declined to purchase insurance through the Company, the Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than the Company the Client must ensure the insurer is aware of the type of travel to be undertaken.
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16. CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company the Client must first inform the tour leader or other Company representative whilst on the tour in order that the Company is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on tour will result in the client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Company via its Agents or directly to info@travelmango.net or Mango Travel, 1900 Stevens Ave suite 25, Minneapolis, MN 55403 within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
17. OPTIONAL EXTRAS
Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price.
18. APPLICABLE LAW AND BINDING ARBITRATION
This Agreement shall be governed by the laws of the United States of America. I accept that this contract was entered into and performed in the city of Minneapolis, in the State of Minnesota. In the unlikely event of any dispute concerning, relating, or referring to this contract, the catalog, or any other literature concerning my trip, or the trip itself, I agree to the following conditions: 1) the dispute shall be resolved exclusively by binding arbitration in Minneapolis, Minnesota according to the then existing rules of the American Arbitration Association; 2) the maximum amount of recovery to which I will be entitled from Mango Travel under any and all circumstances shall not exceed the amount of it’s fee for professional services, less actual expenses incurred in arranging my travel. Such proceedings will be governed by substantive Minnesota law. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.
Updated September 9th, 2007
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