Terms & Conditions
OpenWinds, LLC ("OPENWINDS") offers a variety of tours and services to customers ("Customer") through its website ("OpenWinds.com"). Because our Terms & Conditions contain legal obligations, we encourage you to read them carefully. They form the basis on which bookings are accepted by OpenWinds. The “Customers” are travelers interested in booking a tour or have reserved an upcoming tour with OpenWinds. Customers are also referred to as “you”.
IMPORTANT: Please understand that you are agreeing to all of these terms when you book any kind of travel with us or when you book or go on tours.
Unless otherwise stated, purchases made through OPENWINDS are subject to these Terms & Conditions; in all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking.
OPENWINDS utilizes third party tour operators (“Operators”) for tours. OPENWINDS does not own, control or operate any kind of transportation company or service, or any Operator. These Operators are owned and operated independently of OPENWINDS and there are no joint ventures or other co-sponsored or jointly operated activities between OPENWINDS and any Operator.
Operators reserve the right to postpone or cancel a tour. In the event an Operator cancels or postpones the tour, the Customer will be offered the choice to join the tour at a later date or have their payment to OpenWinds refunded back to them in full. Under no circumstance will OpenWinds reimburse the Customer for any loss or additional expenses incurred by the Customer due to the postponement or cancellation of the tour.
Operators reserve the right to deny participation to any Customer based upon criteria they may establish. OPENWINDS does not assume responsibility or liability for any damages, injuries or lost baggage that may occur for any reason during or as a result of any tour. OPENWINDS is not responsible for any negligent act, omission or failure to act on the part of the Operator and OPENWINDS is not liable for any alleged negligence in selecting the Operator or offering its products. There are no representations or promises made by OPENWINDS that in any way take precedence over these General Conditions.
Customer assumes 100% of the risk of participating in the tour and agrees that it will not bring any type of action against OPENWINDS for any injury or damage that occurs in connection with the planning, selection or operation of any tour.
Customer is responsible for making full payment for any damage or loss caused by it while on the tour. Payment in such cases must be made by the customer directly to the operator or service provider concerned. To the full extent permitted by law, and in consideration of being allowed to participate in the tour, Customer releases OPENWINDS and its agents, representatives, employees, directors, and officers, and waives any rights it may have against said parties for damages or claims arising from or in any way connect with Customer’s participation in the tour.
There is no refund for a missed portion of a tour. No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
These terms apply to all travel booked or offered by OPENWINDS and to all causes of action Customer may have against OPENWINDS. These terms and Customer's rights shall be governed and interpreted by the laws of, and any cause of action brought exclusively in the jurisdiction of, the country in which the cause of action arises; if in the United States, it shall exclusively be the federal and state courts in New Jersey. Customer hereby agrees to waive any right it may have to a jury trial and further agrees that to the extent any damages are recoverable against OPENWINDS, those damages are limited in amount to the amount paid by the Customer to OPENWINDS for the travel bookings. These terms apply to Customer, to anyone to whom Customer assigns a booking and to any minors or others over whom Customer has authority to contract. By bringing a minor on a tour, or by booking travel for a guest, Customer is representing that it has the authority to bind the minor or the guest and Customer will defend and indemnify OPENWINDS for any damages recoverable by the minor or the guest.
Booking & Cancellation Terms
When booking a tour, it is important that you, the Customer, understand that payment at the time of booking does not mean that your booking is confirmed. Your booking is only confirmed when we send you our email confirmation of the booking. If due to lack of availability we are unable to confirm your services after you make a payment, we will refund you in full any payment paid to us. Any refund owed may take up to two weeks to reflect in your account. We cannot take responsibility for any interest, surcharges or fees which you may incur as a result of a delay in money transfer.
If you or any member of your party wishes to cancel your tour, you should notify OPENWINDS, in writing. Canceling a booking can result in cancelation fees being applied by OPENWINDS.
OPENWINDS reserves the right to cancel a booking and apply the cancelation fees if payment is not received on time.
Upon cancelation of the transportation or travel services, where you, the Customer, 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 OPENWINDS for services not received by you will be promptly refunded by OPENWINDS unless you otherwise advise OPENWINDS in writing. Consumers not located in California are 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. Registration as a seller of travel does not constitute approval by the State of California. OPENWINDS California Seller of Travel Registration number is: 2114488-40.
By using OpenWinds.com, you agree to be legally bound by these terms, which shall take effect immediately. If you do not agree to be legally bound by all the Terms & Conditions, please do not access and/or use the OpenWinds.com website. OPENWINDS may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by OPENWINDS. Your continued use of OpenWinds.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use OpenWinds.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of OpenWinds.com content requires the prior written permission of OPENWINDS. You agree to use the OpenWinds.com website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of OpenWinds.com. Your use of the OpenWinds.com is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by OPENWINDS.
You represent and warrant that you (a) are not a direct competitor of OpenWinds; and (b) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party. We grant you permission to use the site subject to the restrictions in these Terms & Conditions.
Disclaimers & Limitations of Liability
Under no circumstances will OPENWINDS or its agents, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of OpenWinds.com regardless of the form of action.
OPENWINDS and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier, tour operator or other company or person providing services included in the tours. Furthermore, OPENWINDS and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
OPENWINDS content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to OPENWINDS and/or OpenWinds.com, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. At OPENWINDS we check and recheck the details about all the products and services we offer for accuracy. However, OPENWINDS does not warrant that functionality, content or information contained on OpenWinds.com will be uninterrupted or error free, that defects will be corrected, or that OpenWinds.com or the servers that make it available are free of viruses or bugs.