TERMS AND CONDITIONS
The traveler's agreement with OpenWinds is detailed in these Terms and Conditions, applicable to all bookings or arrangements with OpenWinds, a U.S.-based business registered at 1060 Woodcock Road, Orlando FL 32803, USA. OpenWinds, LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST44690.
All travelers of any age must possess valid passports or government-issued IDs before booking. Identification must be valid for at least six (6) months beyond the return date of the itinerary.
HEALTH AND MOBILITY:
Travelers must disclose any health or mobility issues potentially affecting their participation. OpenWinds reserves the right to remove travelers whose conditions impede the tour experience.
REPRESENTATION AND BOOKING:
Booking is accepted exclusively via the website submission of the Tour Booking Form. An Invoice, valid for 48 hours, will be sent within 24 hours. A surcharge may apply for bookings made 10 days before the tour.
PAYMENTS, CANCELLATION, AND REFUNDS:
Specific booking and cancellation policies can be found on the relevant tour page. To be eligible for refunds, subject to the cancellation policy of the booking, cancellations must be received by 10:00 AM EST on the final day of the cancellation period.
Accepted payment methods include Zelle, wire transfers, and in-person check deposits at a Bank of America branch. We do not accept checks sent by mail to our office.
TOUR PRICING, INCLUSIONS, AND EXCLUSIONS:
The tour prices presented on the invoice reflect only the land-based costs and do not cover any airfare, unless explicitly included in the package details on the tour page. The responsibility for arranging flights to and from the tour locations, as well as internal flights necessary for tour participation, rests with the traveler. The inclusions and exclusions of the tour are clearly outlined on the specific tour page. It is the traveler's responsibility to review these details prior to booking.
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.
Travelers are encouraged to communicate any special needs or requirements at the time of booking. While OpenWinds will make every effort to accommodate these needs, it cannot guarantee fulfillment and disclaims responsibility if unable to do so.
To mitigate unforeseen circumstances, travelers are strongly advised to secure comprehensive travel insurance covering trip cancellation, interruption, emergency medical, evacuation, repatriation, and other unexpected events that might occur during the tour.
ACCEPTANCE OF SERVICES:
Payment indicates acceptance of these Terms and Conditions and other pre-departure documentation.
COMPLAINTS AND NOTIFICATIONS:
If any issues or discrepancies arise during the tour, travelers are required to inform OpenWinds immediately for resolution and documentation. It's crucial to address any concerns in a timely manner for effective resolution.
LIABILITY AND COLLABORATION:
OpenWinds collaborates with registered wholesale sellers of travel to offer tour services. The wholesaler or travel provider assumes complete responsibility for tour operations. OpenWinds explicitly disclaims any responsibility for the wholesaler's or travel provider's performance, actions, or outcomes. If any issues arise, OpenWinds will assist in liaising with the wholesaler for issue resolution.
In the unlikely event of a cancellation of a tour or travel service, where the traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the traveler, all sums paid to OpenWinds for services not provided will be promptly paid to the traveler, unless the traveler advises OpenWinds in writing, after cancellation. Please note, payments made for flights are non-refundable under any circumstances. This provision does not apply where OpenWinds has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon travel service. In this situation, OpenWinds will provide the traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
RESPONSIBILITY DISCLAIMER, INDEMNIFICATION, AND LIABILITY RELEASE:
OpenWinds neither owns nor operates entities providing travel services and does not hold any liability for their performance during the tours. Travelers explicitly release OpenWinds from any liability, claims, demands, and damages arising from participation in the tour, excluding cases of proven negligence by OpenWinds. This release covers unforeseen events, including but not limited to accidents, injuries, illnesses, death, loss, damage, delay, or inconvenience experienced during the tour. OpenWinds' liability is strictly limited to a refund of the amount paid for the tour. Under no circumstances will OpenWinds be held liable for any incidental, consequential, direct, indirect, special, punitive, or exemplary damages.
WARRANTIES AND ASSUMPTION OF RISKS:
OpenWinds provides no warranties, whether express or implied, regarding the services provided by the wholesaler or travel provider. All services are offered "as is," and OpenWinds disclaims all warranties, including but not limited to the quality, accuracy, reliability, and fitness for a particular purpose of the services rendered. By participating in the tour, travelers acknowledge and assume any risks associated with travel, including known and unknown dangers, hazards of traveling, accommodation, food, transportation, and inherent risks associated with the destination country's political, economic, social, and physical conditions.
THIRD-PARTY RIGHTS AND GOVERNING LAW:
These Terms and Conditions do not create any rights or benefits to any party other than the traveler and OpenWinds. No third party is deemed to be a beneficiary of these Terms. The interpretation and enforcement of these Terms and Conditions are subject to the laws of the State of Florida, excluding its conflict of laws principles.
In the event of disputes, travelers agree to engage in binding arbitration in Florida as the sole and exclusive means for resolving disputes. Any claim or controversy arising out of or relating to these Terms and Conditions or the tour shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The decision of the arbitrator shall be final and binding. Travelers waive their right to a trial by jury and to punitive damages.
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.
These Terms and Conditions, along with any other pre-departure documentation provided by OpenWinds, constitute the entire agreement between travelers and OpenWinds. These terms supersede any prior agreements or understandings, whether written or oral, regarding the subject matter contained herein.