TERMS & CONDITIONS
The following Terms and Conditions form the basis of my contract with OpenWinds and I should therefore read them carefully. In this document, I, and any minors in my charge, am referred to as “I,” “my” and/or “guest(s)” and any reference to OpenWinds refers to OpenWinds LLC, a U.S. business registered in the State of New Jersey at 475 Wall St., Princeton NJ 08540, USA. We are also registered as a seller of travel in the state of California, Registration CST #2114488-40.
Reference to SUPPLIERS and SERVICE PROVIDERS means all third parties who provide services to me during my travel with OpenWinds including airlines unless otherwise specified.
The following Terms and Conditions apply to all bookings with or through OpenWinds. These terms and conditions supersede any others 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 has been booked.
WHO IS TRAVELING?
All guests under 18 must be accompanied by an adult.
VALID IDENTIFICATION:
All guests of any age must have a valid passport or government issued ID prior to booking, and the identification needs to be valid for at least six (6) months past the return date of my itinerary.
DECLARATION OF MOBILITY AND HEALTH:
I agree to provide OpenWinds with any mobility or health issues related to me personally or to a minor (under 18) who is traveling with me that may impede my/our ability to successfully participate in the tour. I understand that I may be removed from any activities or from the OpenWinds tour entirely (without compensation) should my mobility or health adversely affect the group tour as determined by my OpenWinds Tour Driver/Guide. If I (or my minor child) cannot walk and keep up with the group, I will be responsible for getting myself (and my minor child) to and from tour activities at my own expense.
TRAVELER’S REPRESENTATIONS:
I, as the traveler/guest, represent that neither I or anyone traveling with me as a minor has any physical or other condition or disability that could create a hazard to me or the minor. OpenWinds reserves the right to decline to accept anyone on a trip. OpenWinds reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip. Airlines used are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.
BOOKING:
Bookings are accepted by website form submission only. To reserve a tour, complete and submit the Tour Booking Form on OpenWinds website. You will receive an Invoice within 24 hours after submission. A surcharge of $15 per person will be applied to bookings made 14 days or less prior to the tour date. for Once you have completed full payment, you will receive confirmation of your reservation via your Confirmation Voucher.
For group tours, availability of rooms at contracted hotels can be guaranteed only for confirmations issued at least 21 days prior to the tour date. For confirmations issued within 21 days prior to the tour, if a room is unavailable at a contracted hotel used on the tour, OpenWinds reserves the right to book guests a room in a comparable property.
Upon confirmation of booking, all guests 18 years of age and older must complete a Tour Agreement. The Tour Agreement is the contract that goes into effect when the Confirmation Voucher is issued by OpenWinds.
PAYMENTS, CANCELLATION & REFUNDS:
Tours commencing greater than 15 days of initial booking: A deposit of $250 per person is required at the time of reservation. Remaining balance is due 21 days prior to your trip departure date (30 days prior to tour departure if paying by credit card) or at the time of reservation if between 15 and 21 days prior to trip date. Please note: If you have not paid in full by your due date, your booking will be subject to a $50 late fee. If you have not paid in full 7 days after your due date, your booking will be cancelled, and your deposit will be forfeited.
Any payment made is fully refundable up until 15 days before the trip departure date. Request for cancellation must be received before 12:00 PM EST on the fifteenth day prior to the tour start date, in order to be eligible for a refund.
Tours commencing within 15 days of initial booking: Payment is due in full and is non-refundable.
We accept payment by bank transfer (through Zelle), domestic/international wire transfer, and in-person check deposit at a Bank of America branch located near you.
CONTRACT OF SERVICES:
Any payment to OpenWinds constitutes your acceptance of the Terms and Conditions set out herein, and in more specific pre-departure passenger documentation.
DISCLOSURE:
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 GUESTS:
Should you wish to cancel your booking or make any changes to your booking after it has been confirmed (e.g., changes to departure dates), you must advise OpenWinds in writing by email, and you must confirm OpenWinds is in receipt of this notification. Change requests received within 15 days of your tour departure date will not be accommodated.
TRAVEL INSURANCE:
OpenWinds strongly recommends that you purchase travel cancellation and interruption protection to help protect you and your travel arrangements against the unexpected. Protection plans can include coverage for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay and more. Some travel insurance plans offer the Cancel for Any Reason (CFAR) option as an upgrade, which allows travelers to cancel their trip for any reason that is not otherwise covered in their base plan, provided they meet certain conditions.
FLIGHT EXCLUSIONS FROM TOUR PRICE INVOICE: The OpenWinds Tour prices provided in the invoice are for land only and do not include domestic or international flights to and from the beginning and ending locations (tour commencement and conclusion locations).
YOUR RESPONSIBILITIES:
You are responsible for checking all details of the Confirmation Voucher and all other documentation (including airline tickets, if applicable) immediately upon receipt. You should inform OpenWinds immediately if anything appears to be incorrect as it may not be possible to make changes at a later stage. OpenWinds regrets that it cannot accept any liability if OpenWinds is not notified by you of any inaccuracies in any documentation within TWENTY-FOUR (24) hours of the issuance from OpenWinds.
DELAYED CONFIRMATION:
Occasionally, OpenWinds is unable to confirm certain arrangements immediately (e.g. where accommodation or transport service is available at the time of the guest proposal/invoice, but after payment is received the accommodation or service is no longer available). In such cases, OpenWinds will try to provide a similar alternative(s). Details on booked services and hotels will be provided in my final trip documents.
CUSTOMIZED TOURS:
On Customized tours a non-refundable deposit is required to receive a detailed proposal. Guests must obey the laws of the land and OpenWinds has no liability as a result of inappropriate or illegal guest behavior and its consequences.
TOURS PREVENTED FROM OPERATING:
OpenWinds may be prevented from operating a tour under one of three scenarios:
1. MINIMUM NUMBER OF GUESTS: If a group tour does not have the minimum number of guests required to operate the tour, OpenWinds may choose to cancel the tour. Under this scenario guests will be given the option to reschedule their booking to a future scheduled departure date at no charge. Alternatively, guests may choose to receive a refund of all tour-related deposits and payments made to OpenWinds towards their booking.
OpenWinds will notify guests of the cancellation at least 14 days prior to the departure date.
OpenWinds cannot be held responsible for any cost which guests may incur as a result of cancellation due to lack of guest participation.
OpenWinds shall not be liable to pay any compensation or cost as a direct result of us cancelling a tour, for services that are booked above and beyond the specified tour. This includes but is not limited to any subsequent bookings are made solely by you.
2. OPERATIONAL CHALLENGES BEYOND OUR CONTROL: In the unlikely event that a tour is cancelled due to operational issues beyond the control of OpenWinds or its travel suppliers, guests will be given the option to either rebook on a future scheduled departure or receive a refund of all tour-related deposits and payments made previously by them for the tour. To protect against financial loss in the event of an unexpected cancellation, OpenWinds recommends that guests book flights with refundable or flexible fares, and purchase trip cancellation and interruption protection.
OpenWinds shall not be liable to pay any compensation or cost as a direct result of us cancelling a tour, for services that are booked above and beyond the specified tour. This includes but is not limited to any subsequent bookings are made solely by you.
3. FORCE MAJEURE: OpenWinds regrets it cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented by reasons or circumstances amounting to ‘force majeure.’ Force majeure means any event which OpenWinds or the supplier of the service(s) in question could not, even with all due diligence, foresee or avoid. OpenWinds assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms, cyclones or hurricanes, civil unrest, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests or police action, strikes or labor disruptions, restrictions or restraint of rulers, peoples or governments, governmental or other expropriations, acts of terrorism, war insurrections, quarantine restrictions, epidemics, pandemics, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by OpenWinds that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, OpenWinds shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
ITINERARY CHANGES:
If OpenWinds is notified, prior to guest(s) departure, OpenWinds will advise guest(s) of any relevant schedule changes to the itinerary. In rare instances, OpenWinds may need to change the hotels confirmed in the itinerary. While OpenWinds will endeavor to assist guest(s) with handling any such changes, OpenWinds is not liable for any additional expenses guests may incur because of a change in itinerary. No grievance regarding service/hotel/ itinerary changes will be entertained by OpenWinds during or after the tour.
DELAYS:
OpenWinds regrets it is not in a position to render any assistance in the event you are delayed at your outward or homeward points of departure. YOU ARE RESPONSIBLE FOR ARRIVING ON TIME TO POINTS OF ORIGINATION BY OpenWinds.
SPECIAL REQUESTS:
If you have any special requests, you should inform OpenWinds as soon as possible in writing. Although OpenWinds will endeavor to meet your requests, OpenWinds cannot guarantee to do so. OpenWinds's failure to accommodate your special requests will not be a breach of contract on the part of OpenWinds. OpenWinds cannot accept bookings that are conditional on the fulfillment of any special request; and such booking will be treated as a ‘normal’ booking (with no special requests.)
LIMITS ON OPENWINDS RESPONSIBILITY:
OpenWinds, its owners, employees, officers, directors, staff and agents, do not own or operate any entity which is intended to or does provide goods or services for your travel event. It purchases transportation (by aircraft, coach, van, train, vessel, or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, OpenWinds is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, OpenWinds is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or Force Majeure, illness, disease, food poisoning, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, quarantines, criminal or terrorist activities of any kind, over booking or downgrading of services, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. There are certain inherent risks in travel of the type involved with OpenWinds. These include, but are not limited to, risks of river cruising, hiking, walking travel events, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. You understand that you assume all such risks with regard to these possibilities.
ARBITRATION AGREEMENT:
Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on OpenWinds's responsibility clause, to the brochure, to any information relating in any way to the trip, to the trip itself, or to any products or services related to the trip, shall be settled solely and exclusively by binding arbitration in New Jersey, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means, (b) arbitration is the exclusive forum for dispute resolution (no court actions), and (c) except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
Arbitration against OpenWinds must be commenced within one year following the date of travel event 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. When you participate in a group travel event, OpenWinds will do its best to ensure that the trip is enjoyable for the entire group. You are responsible for respecting the authority and following the directions of the OpenWinds Tour Driver/Guide, any guidelines expressed or implied from OpenWinds tour communications, and the laws of the countries in the Itinerary during a Tour. OpenWinds may exclude you from participating in all or any part of the tour or remove you entirely from the Tour if, at the sole discretion of OpenWinds Tour Driver/Guide, your condition or behavior renders you unfit for the Tour or unfit for continuation once the Tour has begun. Unfitness may include, without limitation, any behavior that regardless of its cause, is inappropriate or offensive or interferes with the delivery of Tour services or may constitute a hazard or embarrassment. Any decision(s)s to exclude or remove you or members of your party are at the complete discretion of the OpenWinds Tour Driver/Guide.
Should you decide for any reason not to participate in certain portions of the Tour or not use certain services included in the Tour, no refunds will be provided for those unused portions or services of the Tour.
In either case, OpenWinds will not refund or cover any cost or expenses incurred for termination of vacation arrangements due to unacceptable conduct and will offer no assistance with onward travel.
SPECIAL ASSISTANCE:
You and any minors in your charge are required to provide a description of any disabilities or needs that would require special assistance. It is your responsibility to report those needs to OpenWinds at the time the reservation is made. OpenWinds will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so, nor is OpenWinds responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. OpenWinds cannot provide assistance to a traveler for walking, dining, getting on and off transportation, or other personal needs. OpenWinds requires that a qualified and physically able companion must accompany travelers who need such assistance. OpenWinds is not responsible for any missed activities due to a participant’s inability to participate with the group.