TERMS & CONDITIONS
The basis of the traveler's contract with OpenWinds is formed by the following Terms and Conditions. These should be carefully read prior to booking a tour with OpenWinds. In this document, the traveler, and any minors accompanying them, are referred to as 'travelers,' and any reference to OpenWinds refers to OpenWinds LLC, a U.S. business registered in the State of Florida at 1060 Woodcock Road, Orlando FL 32803, USA.
Reference to SUPPLIERS and SERVICE PROVIDERS includes all third parties providing services to the traveler during their travel with OpenWinds, including airlines unless otherwise specified.
These Terms and Conditions apply to all bookings with or through OpenWinds and supersede any other terms expressed in any other OpenWinds commentary, whether written or spoken.
Proposals/Invoices from OpenWinds are valid for 48 hours but are based on availability. Prices and availability are subject to change until a trip is booked. Some items are non-refundable once a trip is booked.
WHO IS TRAVELING?
All travelers under 18 must be accompanied by an adult.
VALID IDENTIFICATION:
All travelers of any age must possess a valid passport or government-issued ID before booking. Identification must be valid for at least six (6) months beyond the return date of the itinerary.
MOBILITY AND HEALTH:
Travelers must inform OpenWinds of any mobility or health issues, personal or affecting a minor (under 18) traveling with them, that could hinder their participation in the tour. Travelers may be removed from activities or the tour itself (without compensation) if their mobility or health affects the group tour as determined by the OpenWinds Tour Driver/Guide. If a traveler (or minor child under their care) cannot walk or keep up with the group, they will be responsible for their transportation to and from tour activities at their expense.
TRAVELER’S REPRESENTATIONS:
The traveler must represent that neither they nor anyone traveling with them, including minors, has any condition or disability that could endanger themselves or others during the tour. OpenWinds reserves the right to decline to accept anyone on a trip and to remove, at their expense, anyone whose condition could pose a hazard to themselves or others or disrupt the enjoyment of other passengers.
BOOKING:
Bookings are accepted only through website form submission. To reserve a tour, travelers or those booking on their behalf must complete and submit the Tour Booking Form on OpenWinds' website. An Invoice will be sent to the provided email address within 24 hours after submission. A surcharge may apply to bookings made 14 days or less prior to the tour date. Upon receipt of full payment for the invoice, a Confirmation Voucher will be provided to confirm the reservation. For group tours, if a room is unavailable at a contracted hotel used on the tour, OpenWinds reserves the right to book travelers a room in a comparable property.
PAYMENTS, CANCELLATION & REFUNDS:
Tours commencing later than 30 days after initial booking require a deposit of $250 per person at the time of reservation. The remaining balance is due 30 days prior to the trip's departure date. Failure to pay in full by the due date may result in a $50 late fee. Bookings unpaid seven days after the due date will be canceled, and the deposit forfeited.
Tours commencing within 30 to 22 days of initial booking require full payment. Tours commencing within 22 days of initial booking require full payment and are non-refundable.
Payments made are fully refundable up until 22 days before the tour's departure date. To be eligible for a refund, a cancellation request must be received before 10:00 a.m. EST on the twenty-second day before the tour start date.
Payment methods accepted include bank transfer through Zelle, domestic/international wire transfer, and in-person check deposit at a Bank of America branch. We do not accept checks mailed to our office.
CONTRACT OF SERVICES:
Payment to OpenWinds constitutes acceptance of these Terms and Conditions and other specific pre-departure passenger documentation.
DISCLOSURE:
OpenWinds is registered as a seller of travel in the state of California, Registration CST #2114488-40. This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
CHANGES/AMENDMENTS/CANCELLATIONS BY TRAVELERS:
To cancel a booking or make changes to it (e.g., changes to departure dates) after confirmation, travelers must notify OpenWinds in writing via email, confirming OpenWinds' receipt of the notification. Change requests received within 22 days of the tour departure date will be considered on a case by case basis, however no refunds will be provided.
TRAVEL INSURANCE:
OpenWinds strongly recommends travelers purchase travel cancellation and interruption protection to safeguard against unexpected events. Protection plans can include coverage for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay, and more. Some plans offer the Cancel for Any Reason (CFAR) option as an upgrade, allowing cancellation for reasons not otherwise covered, provided certain conditions are met.
FLIGHT EXCLUSIONS FROM TOUR INVOICE:
The tour prices provided in the invoice cover land expenses only and exclude domestic or international flights, including those to and from the tour's start and end locations, and internal flights required to participate in the tour.
TRAVELER'S RESPONSIBILITIES:
Travelers are responsible for reviewing all details of the Confirmation Voucher and other documentation upon receipt. OpenWinds must be informed immediately of any inaccuracies, as changes may not be possible later. OpenWinds accepts no liability if discrepancies are not reported within twenty-four (24) hours of issuance.
DELAYED CONFIRMATION:
In cases where OpenWinds is unable to confirm certain arrangements immediately, such as when accommodation or transport services become unavailable after payment, OpenWinds will attempt to provide alternative options or issue a refund if no alternatives are available.
CUSTOMIZED TOURS:
For Customized tours, a non-refundable deposit is required to receive a detailed proposal. Travelers must adhere to the laws of the land, and OpenWinds disclaims liability for inappropriate or illegal guest behavior and its consequences.
TOURS PREVENTED FROM OPERATING:
A scheduled tour may face cancellation under the following circumstances
1. MINIMUM NUMBER OF TRAVELERS: If a group tour falls below the minimum required travelers, OpenWinds may cancel the tour. Travelers may reschedule to a future departure date or receive a refund of all tour-related deposits and payments. Notification of cancellation, if any, will be given at least 14 days before departure.
OpenWinds cannot be held responsible or liable for any cost incurred by the Traveler as a result of cancellation due to lack of the minimum number of travelers required to operate the tour, including for services that were booked above and beyond those included in the specified tour.
2. OPERATIONAL CHALLENGES BEYOND OUR CONTROL: In rare cases of tour cancellation due to operational issues beyond OpenWinds' control, travelers may rebook on a future departure or receive a refund of all tour-related deposits and payments.
To protect against financial loss in the event of an unexpected cancellation, OpenWinds recommends that travelers book flights with refundable or flexible fares, and purchase trip cancellation and interruption protection.
OpenWinds cannot be held responsible or liable for any cost incurred by the Traveler as a result of cancellation due to operational issues, including for services that were booked above and beyond those included in the specified tour.
3. FORCE MAJEURE: OpenWinds cannot accept liability or provide compensation when performance or timely performance of contractual obligations is prevented by unforeseeable events or circumstances constituting 'force majeure.' Force majeure includes events that, even with due diligence, could not be foreseen or prevented by OpenWinds, impacting its ability to fulfill contractual conditions. OpenWinds is not liable for any loss, damage, or entry resulting from acts of God or any other Force Majeure condition, including but not limited to natural disasters, environmental issues, civil unrest, strikes, quarantine, government advisories, or any unforeseen events that impact its ability to fulfill contractual conditions.
ITINERARY CHANGES:
OpenWinds will notify travelers of any relevant schedule changes to the itinerary before departure. While OpenWinds will assist travelers with such changes, it is not liable for additional expenses incurred due to itinerary changes. No complaints regarding service, hotel, or itinerary changes will be entertained by OpenWinds during or after the tour.
DELAYS:
OpenWinds is unable to provide assistance if travelers experience delays at departure or return points. Travelers are responsible for arriving on time at departure points by OpenWinds..
SPECIAL REQUESTS:
Travelers should inform OpenWinds of any special requests as soon as possible in writing. Although OpenWinds will attempt to accommodate these requests, they cannot guarantee fulfillment. Failure to accommodate special requests will not constitute a breach of contract by OpenWinds.
LIMITS ON OPENWINDS RESPONSIBILITY:
OpenWinds, its owners, employees, officers, directors, staff, and agents do not own or operate entities providing goods or services for travel events. OpenWinds purchases services from independent suppliers and tour operators who package services. All these entities are independent contractors. OpenWinds is not liable for any negligent or willful acts by these entities or third parties. OpenWinds is not responsible for injury, loss, death, inconvenience, delay, or damage to personal property due to various factors, including acts of God, illness, disease, food poisoning, acts of war, civil unrest, animals, strikes, quarantines, criminal or terrorist activities, overbooking, mechanical failures, or failure of transportation mechanisms. Travelers assume all such risks.
ARBITRATION AGREEMENT:
Any disputes arising from these Terms and Conditions, the Limits on OpenWinds' responsibility clause, the brochure, any information related to the trip, the trip itself, or products or services related to the trip shall be resolved exclusively by binding arbitration in Florida, following the Commercial Arbitration Rules of the American Arbitration Association. Arbitration is the sole forum for dispute resolution, and travelers waive their right to punitive damages. Arbitration against OpenWinds must commence within one year of the travel event's completion. Neither OpenWinds nor any affiliate shall in any case be liable for other than compensatory damages, and by booking a tour with us you waive any right to punitive damages.
PARTICIPATION & CONDUCT WHILE ON TOUR:
OpenWinds offers group and private travel events. Travelers participating in group events must respect the authority of the OpenWinds Tour Driver/Guide, follow guidelines from OpenWinds' tour communications, and adhere to host countries' laws. OpenWinds may exclude or remove travelers who, in the Tour Driver/Guide's sole discretion, exhibit behavior that endangers the tour or disrupts the group. Unfitness may result from inappropriate or offensive behavior, posing a hazard, or causing embarrassment. Excluded travelers will not receive refunds for unused tour portions or services. OpenWinds will not refund or cover costs for termination due to unacceptable conduct and will provide no assistance with onward travel.
SPECIAL ASSISTANCE:
Travelers and accompanying minors must describe any disabilities or needs requiring special assistance. It is the traveler's responsibility to report these needs to OpenWinds when making the reservation. OpenWinds will attempt to accommodate special needs but is not responsible if it cannot do so. OpenWinds is not responsible for services denied by carriers, hotels, restaurants, or other suppliers. OpenWinds cannot assist travelers with personal needs such as walking, dining, or getting on/off transportation. Physically able companions must accompany travelers needing such assistance, and OpenWinds disclaims responsibility for any missed activities due to a participant's inability to join the group.