TERMS AND CONDITIONS
This web page represents our Terms of Services and Sale (“Agreement”) pertaining to our website, tours.photos (hereinafter referred to as the “Website”). It was last posted on June 1, 2017. The terms, “we” and “our” as used in this Agreement refer to Photo Tours South America, LLC.
This Agreement may be amended from time to time by the posting the amended Terms and Conditions on our Website. Although we may or may not post notices on the homepage of our Website when such amendments occur, accessing our Website shall be deemed your consent to the Terms and Conditions, as amended.
Photo Tours LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make deposits for our photography tours and related services through our Website, strictly in accordance with our Legal Terms.
IMPORTANT – RESPONSIBILITY
In order for your booking to be valid, Photo Tours South America, LLC must receive the completed Booking Form.
By clicking the above box, I acknowledge and confirm the following:
I waive any and all claims, now and in future against, and release from all liability and agree not to sue Photo Tours South America LLC and its officers, employees, sub-contractors, guides, agents or representatives or licensor for any personal injury, death, disease, property damage, or loss sustained as a result of my participation in an adventure trip with Photo Tours South America LLC, due to any cause whatsoever, including without any limitation, negligence on the part of Photo Tours South America, LLC, its staff or licensor. I am aware that your ‘adventure trip’ and ‘photo tour’, in addition to the usual dangers and risks inherent has certain additional dangers and risks, some of which may include physical exertion for which I may not be prepared, weather extremes subject to sudden and unexpected change, remoteness from normal medical services, and evacuation difficulties if I am disabled. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement being a reason for my participation. I also acknowledge that I have no known physical ailments or illness that using reasonable judgment would or should preclude me from taking part in the subject tour. I agree that if I suffer injury or illness, Photo Tours South America, LLC can, at my cost, arrange medical treatment and emergency evacuation services, as Photo Tours South America, LLC deems essential for my safety. In entering into this agreement, I am not relying on any oral, written, or visual representations or statements by Photo Tours South America, LLC or its staff or any other inducement or coercion to go on the adventure trip, hence, only of my own free will. I confirm that I am over the age of 18 years and that I have read and understand the terms and conditions of contract and this Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors. I agree that this Agreement shall be governed in all aspects by and interpreted in accordance with the laws of United States and its States and that the place of making of the Agreement is the County of Miami-Dade, in the State of Florida.
It is important that you and all members of the travelling party are aware of the following terms & conditions for our overseas and domestic events. Please read carefully and contact our office if you have questions. You must sign and return the form to guarantee your booking and take part in the event. That is, each person booking, including partners.
All prices quoted on your invoice are correct at the time of printing. Prices are subject to change. Prices can be withdrawn or varied at any time without notice and are often subject to bank rates or exchange rates and similar circumstances beyond our control. Deposits merely hold the reservations and do not guarantee prices. Price changes can take place up until the event start date. Balance of payments cannot be made until final itinerary and a balance of payment request is sent to you from Photo Tours South America, LLC.
THE ROLE OF YOUR PHOTO GUIDE…
They are passionate to make sure that you get the best photo opportunities possible and to help you have a great holiday. It is your guides responsibility to be in charge and to maximise daily activities to suit the group, rather than cater to individual requests and interests. Please respect their judgment and experience.
They will be offering mini workshops during the tour. Your photo guides are always available to help in the field on all days and as required on ship. You only need to ask. This is their mission …
I DO, OR I WANT TO TEACH PHOTOGRAPHY
Our events are designed specifically for photo enthusiasts and semi professionals who shoot, but do not teach or run photo education events or services. (In any form.) We offer a separate special rate and service for those that aspire to teach photography, or those that are teaching photography.
COMMUNICATION AND EXPECTATIONS
If you have a grievance or disagreement with information supplied, Photo Tours South America, LLC is happy to resolve the matter. Email is the preferred form of communication, in the first instance. If unreasonable communications or expectations occur, Photo Tours South America, LLC reserves the right to cancel the booking and return all payments made without notice, before the event commences. In the case of this type of cancellation, the participant waives any and all right to pursue legal action against Photo Tours South America, LLC and its operators.
Photo Tours South America, LLC acts as a travel agent/tour operator, selling products on behalf of a supplier. Our obligation is to make arrangements with the supplier on your behalf. Photo Tours South America, LLC has no responsibility for the services of the supplier and does not provide warranty for them. Photo Tours South America, LLC is not a representative or agent of the supplier. All bookings are subject to the terms and conditions set out by the relevant supplier. Should you be unhappy with the product, your legal recourse is against the supplier, not Photo Tours South America, LLC. Photo Tours South America, LLC accepts no liability for suppliers and participants waive any and all right to pursue legal action against Photo Tours South America, LLC and its operators due to acts or omissions or the like of the supplier(s).
If you have any requests, such as – dietary requests, or hotel room type – every attempt will be made by Photo Tours South America, LLC to accommodate your request. However, as we are not the ultimate service provider, we are not in a position to guarantee the request and do not under any circumstances guarantee same. Accordingly, our liability with regard to any and all such accommodations is limited.
TAXES & LEVIES IMPOSED
Various countries, states, towns and airports around the world and in Argentina impose a variety of Security, Airport & Departure Taxes. All taxes are subject to change without notice. Any additional costs or taxes that occur such as departure taxes payable at airports in cash, will be the responsibility of the traveller.
Travel insurance is required for all travelers by Photo Tours South America, LLC and the US State Department. It is compulsory for our international events. If you have any pre-existing Medical Conditions, coverage for this must be pre-approved by the Insurer.
NOTE: Standard insurance policies will often only cover Camera equipment partially, or not at all. Please check these details and if required, pay a higher fee to obtain further camera equipment cover.
IMPORTANT: If you have taken out another Travel Insurance Policy or believe you have adequate cover from a credit card policy, we will require details of the insurance cover such as: The policy number, Insurers name and emergency medical assistance phone contact. A statement from your credit card company merely indicating that some sort of coverage is provided is not sufficient proof of coverage without further details.
It is the responsibility of the customer to ensure that their passport is valid and that it has the correct visa or re-entry visa for the travel arrangements. Photo Tours LLC holds no responsibility for any fines, penalties or expenditures incurred, if your passport is incorrect for the country of travel. Passports are required for all international travel.
MULTIPLE BOOKINGS (One booking form)
I understand that Photo Tours LLC allows one booking form to be filled in for the calendar year, this can represent more than one booking. Event confirmations are made via email between parties. The same term and conditions apply for all events booked in this manner.
WALKS – EXCURSIONS
All of our walks and excursions are moderate or as stated in the itinerary. However, fitness and health levels can vary from person to person. It is the responsibility of participants to manage these walks and confer with the guide if problems arise. We suggest that you get out and walk ‘around the block’ as much as possible before departure. This could help your fitness level.
TRAVELLERS HEALTH ADVICE
Some areas of the world have special vaccination and health requirements. We recommend that you contact your nearest Travellers Medical Centre who is a specialist in this field. If you are unable to undertake travel because you do not meet the health requirements, Photo Tours LLC will not be liable for any extra costs that may be incurred.
If you have any medical conditions – we must be advised in the booking form. Likewise, if there are any changes in your health after sending us your booking form, we must be updated regarding any and all changes. While a travel medical kit is available, please bring your own small personal kit and extra medication, if required. Photo Tours South America, LLC will not be held responsible any sickness arising during travel of any nature giving rise to events causing an onset of adverse health associated with any travel, including but not limited to air, boat, train and motor vehicle motion sickness or the like.
NON PHOTOGRAPHIC PARTNERS
All tour members are welcome to join all activities on any tour. All tours are the same price for everyone as all members are offered the same guiding services.
Photo Tours South America, LLC does not organize visas. However, we are happy to help with information for American and European passport holders that may require a visa. Some countries allow for a ‘visa free’ stay for tourism purposes. If you are travelling on business this does not always apply. Also, if you or members of your travelling party have a recorded criminal offence entry may be denied. If travelling on any passport other than American or EU, you must inform us immediately as it may be necessary to obtain a re-entry visa. It is the sole responsibility of the customer to make sure they have full and correct documentation to undertake their journey. Deportation for non-issuance or incorrect visas is at the traveler’s expense. Although many countries have visa free entry for tourists for specified lengths of stay, entry to that country is still a port of entry decision. Photo Tours South America, LLC holds no responsibility for any fines, penalties or expenditures incurred by you if your visas are incorrect for the country of travel and we will not reimburse the travelers for same under any circumstances.
PHOTOGRAPHS & VIDEO
Photo Tours South America, LLC reserves the right to take photos of participants at the events to use for marketing and education purposes only. Group images of the adventure will be supplied after the event. By entering into this Agreement and participating in the event(s), travelers consent to the use of the above-referenced photos for the purposes of marketing and understand that the traveler is not entitled to any compensation whatsoever in the event that such photos are used for their intended purpose.
We do not include your international flights. (Or any other flights, unless included in the itinerary.) We are happy to help you! We can book a complete package for you – land, air and transfers.
To make sure you book the correct dates and times, we would request the following:
- Don’t purchase any air tickets, until our guides flights have been booked, which we will do approximately 4 – 5 months prior to the tour departure. We will advise you when the guides flights are booked and you can then use this itinerary, to help you use points or similar. This will also coincide with confirming the tour departure, making sure we have met minimum passenger numbers for the tour and the logistics of the tour have not changed.
- We suggest you arrive a minimum of 24 hours prior to the tour departure – even 48 hours – to help with jet lag and in case of airline delays.
If you have made any flight connections with another agent, or privately, it is imperative that we know your flight and hotel information, so that we can contact you about any changes in our meeting place, or departure time.
All prices are based on payment by Credit Card, check and Direct Bank Transfer payment . A Credit Card payments are completed online at our website. Please complete the Credit Card details on our Booking Form if required, with signature.
Changes in Services
Rates are based on tariffs, U.S. exchange rates and supplier fees in effect at the time of publishing. We reserve the right to alter our prices. Please note that if the Tour Operators cancel a trip extension, you are subject to the cancellation penalty for the main trip should you subsequently decide to cancel your main trip. Individual transfers for those traveling independently are not included unless otherwise stated. If the group falls below the minimum requirement of 5 paying participants to 5-8, the expedition is subject to cancellation or a small group supplemental fee as stated on the individual trip website page. Accommodations are based on double occupancy (two people sharing a room) requests for single occupancy are assigned on a first-come, first-served basis, when available and subject to a supplemental fee at the rate stated on the individual trip website page.
The Tour Operators reserve the right to cancel or make changes to the published itinerary, including removal or substitution of tour leaders, whenever, in its judgment, conditions warrant, without consulting the participants. Participants have no right to any refund or other considerations in the event of these itinerary or leader changes. The Tour Operators reserve the right to cancel any Trip before departure, in which case a full refund of all amounts paid to the Tour Operators will be made. If changes are made, tour leaders will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are similar in quality and interest when possible.
Code of Conduct:
Participants are expected to conduct themselves in a manner that is respectful to the group and other participants. Any use of illegal drugs or substances, committing or participating in any criminal or illegal activity & violence of any sort will not be tolerated and will result in the participant’s immediate removal from the Trip, without refund and at the participant’s expense. Trip leaders are authorized, and hereby reserve the right, to remove or exclude participants from the Trip, or any portion thereof, for actions they deem as inappropriate or disruptive to the group or Trip.
The participant agrees to defend and indemnify the Tour Operators, and its affiliate companies from and against any and all demands, claims or lawsuits (including without limitation, third party asserted demands, claims or lawsuits), actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims and Damages”) which the Tour Operator may incur, suffer or be required to pay by reason of actions taken by the Participant, including those which result in damage to property owned by third parties, or any other Claims and Damages arising in connection with a third party claim suffered due to actions taken by the Participant. The Participant is liable to reimburse the Tour Operators for any Claims and Damages collected by third parties, during the Trip or after, as a result of or related to actions taken by the Participant. Indemnification under the circumstances referenced above is a material incentive for Photo Tours South America, LLC to provide the services that are the subject of this Agreement.
INCLUDED IN YOUR PACKAGE
International class photo tuition and experienced Guide, and as per event itinerary – local airfare, land transport, entrance fees, special tours, accommodation and some meals.
NOT INCLUDED IN YOUR PACKAGE
Most events do not include flights, airport tax, alcoholic beverages and wine, laundry, tips to local staff and travel insurance, some meals. Check your event itinerary.
Please note that we work on a ‘personal responsibility’ system with all aspects of our events. The sheer nature of travelling, outdoor locations, new countries or locations has some risks. Please read ‘Responsibility’ section for further details, located on our booking form.
Accommodation – when ever possible, tour participants are lodged in comfortable, modern hotels/lodges/chalets. We select among the best available accommodation to a balance of optimising shooting opportunities and budgets. Some of the best photographic destinations are far from ‘normal’ accommodation. Please check the tour itinerary.
Meals are always a special part of our tours for the camaraderie they offer and the opportunity they provide to talk photography, and for you to try new foods from different areas. Depending on the tour and specific locale, meals may be included, or not. We balance this to the region and budgets.
Participants are responsible for their own bar tab including bottled water, soft drinks and alcoholic beverages. Please check the itinerary.
All events are based on a minimum number of participants, as per event itinerary and personalised itineraries. Numbers are subject to change.
CONTACTS AND SUPPLIERS
Photo Tours LLC has built up a unique line of contacts and suppliers around the world. These are often our friends and are definitely an important facet to the success of our business. We are happy to help you make contact with these individuals and companies as we understand new friendships are made and that gifts might be sent. Please note that any other ‘business’ or ‘service’ requests, must be directed through our office. We have introduced you to our contacts. Service requests and travel needs will be redirected to our office.
Payments, Cancellations, and Refunds:
A deposit per participant is required at the time of registration to reserve your spot. Some tours may require a higher additional deposit due to advance booking or transportation requirements. Required deposit amounts will be listed on the individual Trip page on our website. Payment in full is required when registration is completed less than 60 days before the departure date. Space is subject to cancellation by the Tour Operators if payments are not received when due. If a participant would like to cancel they must send an email notification. Please note your cancellation is not considered official until you have received a return email confirmation acknowledging your cancellation. At the time we receive your cancellation notification, the following per person charges will be applied.
121+ days before departure: A $45 cancellation fee, plus any additional cost incurred will be applied to your deposit or full tour payment.
120-91 days or more before departure: 45% of deposit will be considered as your cancellation fee, plus any additional costs incurred, as well as any fees that are charged by the suppliers providing the services included in the Trip. If your spot is filled by another participant, we’ll refund your deposit minus payment processing fees and $100 administrative fee.
61-90 days before departure: 30% of trip total price will be considered as your cancellation fee, plus any additional costs incurred, as well as fees, if applicable, that are charged by the suppliers providing the services included in the Trip. If your spot is filled by another participant, we will refund your deposit minus payment processing fees and $100 administrative fee.
60 days or less before departure or anytime after departure: NO REFUNDS WILL BE GIVEN and your deposit will be forfeited. Payments in Full are required no later than 60 Days prior to departure. If full and final payment is not received by this date you will be notified via email two times requesting final payment. After that, we will consider your failure to make payment a cancellation and your spot in the Trip will be forfeit and offered to those participants on the waiting list.
Nonetheless, we accept to maintain your deposit value for an entire year, and only towards a future tour with Photo Tours LLC only if it’s requested 91+ days prior to departure.
If the participant has a complaint, he/she should first inform the tour operator or Trip leader while on the Trip so that the tour operator or Trip leader can attempt to resolve and rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Photo Tours South America, LLC within 30 days of the completion of the Trip.
Any controversy or claim arising out of or relating to this Agreement or the performance hereunder, brochures, or any other literature concerning this Trip, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions:
1) the laws of the State of Florida shall control the dispute without regard to any choice of law rules;
2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Miami, Florida, USA under the supervision of a mutually agreed upon mediator;
3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Miami, Florida, USA, using one arbitrator pursuant to the then existing rules of the American Arbitration Association and that this arbitration shall be binding upon the parties; and
4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s Trip with Photo Tours South America. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.
Other: Additional Terms and Conditions may apply to some of our Trips and will be provided with pre-trip information mailings. By registering for a Trip with Photo Tours , the participant agrees to the release of liability statement and the Terms and Conditions published on the website (www.photo-tours.com/terms-conditions) or in any printed materials.
Participants hereby acknowledge that they have read, understand and agree to, and will abide by, all the Terms and Conditions of participation in the Trip as set out above.
Participants confirm that they have reviewed & agree to the dates and costs of the Trip & that they understand that flights are not included in the cost (with the exception of domestic flights for certain Trips as clearly stated on the individual Trip page on our website).
Final Payment in FULL is required within 60 days before departure for the Trip or participants risk losing the deposit and having their spot forfeited to a participant on the waiting list.