This contract is for the provision of travel arrangements. Please read these booking conditions carefully together with the information sections of our tour programs as they form the basis of your contract with Sirius Travel Inc.
1. Reserving Your Trip and Payment
To make confirmed reservations, the first named person (who must be at least 18 years of age) should complete our internet reservation form on behalf of all party members. The reservation form should then be sent to us together with payment of the deposit as described in the payment section. Bookings made by telephone or by email shall have the same effect as if they had been made as above. Please do not include your credit or debit card details in an email. We will confirm your chosen arrangements and acknowledge your payment by sending you a confirmation of your reservation. Please check this confirmation together with all other documents sent to you to ensure they fully accord with your instructions. If you have any questions, you must advise Sirius Travel immediately. Thirteen weeks prior to your departure we will send you a final invoice showing the outstanding balance due to us (unless full payment has already been made), this balance must be received by us no later than 84 days (twelve weeks) prior to departure. If for any reason the balance is not received by us in full by the due date, we reserve the right to treat your booking as cancelled by you so that the fees set out in clauses 5 & 6 will be payable.
2. Your Contract
A binding contract between us will come into existence when we issue our Confirmation of your booking. These reservation conditions form the basis of that contract. They may only be varied by a director of Sirius Travel Inc. in writing.
We reserve the right to make changes to and correct errors in advertised prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
4. Price Guarantee
Advertised prices are based on air fares, fuel, currency rates and other costs at the date of costing, however these may change. You should check this information with us at the time you choose to book your trip. You may request your Final Invoice and pay it in full at the time you reserve your trip or at any time before it is usually issued. The price of your trip will then be guaranteed against any further change.
Unless you have made full prepayment, the price for your trip will be recalculated at the time your Final Invoice is issued and any increase in costs will be added to your invoice. In the event that this increase is more that 12% of the total cost, you will have the option to accept the increase or cancel your trip and receive a full refund.
5. Amendment by You
Should you wish to make any changes to your reservation after it has been confirmed, please advise us as soon as possible in writing. We will endeavor to assist although we cannot guarantee that requests for amendment can always be met. Where an amendment can be made, a fee of $20 per reservation per amendment will be charged together with any costs or charges incurred by us or incurred or levied by our suppliers. An amendment constitutes a change to the existing reservation. A request to transfer to another trip or to other arrangements will be treated as a cancellation incurring the cancellation fees set out in clause 6. Where you or a member of your party is prevented from travelling (e.g. as a result of personal illness/injury, the serious illness or injury of a close family relative, jury service or unavoidable work commitments) the person concerned may transfer their booking to another qualified person, providing we are notified of the need to transfer not less than 28 days prior to departure. An amendment fee of $25 will be payable together with any costs or charges incurred by us or incurred or levied by our suppliers to effect the transfer.
6. Cancellation by You
You have an option to cancel your trip arrangements which must be exercised in writing. The fees for the exercise of this option are shown below. Notice of exercise of your option to cancel should be sent to us by Certified Mail. No refunds can be made for any part or parts of any trip, tour, excursions or other arrangements cancelled on or after your scheduled departure date or not utilised by you. Period before departure within which written notification of cancellation is received by us and the applicable fees:
- More than 365 days (1 Year) total cost is refunded, 364-84 days (12 weeks) 75% of total cost is refunded, 84-30 days 25% of total cost is refunded, 30-7 days 10% of total cost is refunded, 7 days or less 0% of total cost is refunded (there is no refund).
- NOTE: Eclipse Day Bus trips from Denver/Boulder on August 21, 2017 have a slightly different cancellation schedule: cancellations made on or before May 1, 2017 receive 100% of total cost refunded, May 2 – July 1, 2017 receive total cost minus a $50 fee, no refunds are given after July 1, 2017.
Total cost means the total cost of the cancelled arrangements excluding insurance premiums and any amendment charges which are non refundable in the event of your cancellation. Depending on the reason for your cancellation, you may be able to claim a refund of the above fees from your insurance company if you have taken out an appropriate travel insurance policy.
7. Changes by Us
We reserve the right to make changes to your booked arrangements at any time both before and after reservations have been confirmed. Most changes will be minor ones. Occasionally, it is necessary to make a significant change. A significant change is one made before departure involving a change of outward or return international flight time by 12 hours or more, a change of US departure airport to one which is more inconvenient for you, a change of accommodation where specific identified accommodation has been booked (except in the case of one or two night stays), a change of accommodation for the whole or a significant part of the trip to that of a lower standard or which is lacking important advertised features or is located in a different resort in all cases to that which was originally booked, in the case of tours, a significant change or deletion of a major part of the itinerary, where we have arranged your trip for a specific purpose, inability to carry out that purpose for an extended period during the trip, for stays at particular accommodation for five nights or more, the withdrawal of the only or all advertised swimming pool(s) for an extended period. All other changes are treated as minor changes. Where known, minor changes will be shown on your Final Itinerary which will be sent to you with your travel documents about two weeks before departure. In the event of a significant change, we will advise you as soon as possible and give you the choice of:- (a) accepting the changed arrangements as notified to you; or (b) purchasing different arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of a price difference); or (c) cancelling your arrangements and receiving a full refund of all monies paid to us. If we have to make a significant change within 56 days of departure, we will in addition pay you compensation in accordance with the scale set out below (providing we have received full payment from you) except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances may include those amounting to “force majeure” as set out in clause 10 below. Compensation is not payable in the case of minor changes. Minor changes further do not entitle you to cancel or change to another trip without paying our normal charges. In all cases, our liability is limited to the payments set out in the scale below and we cannot be held responsible for any costs or expenses you may incur as a result of any change. Period before scheduled departure date within which a significant change is notified to you, and compensation per person – more than 56 days $0, 56 to 43 days $25.00, 42 to 29 days $30.00, 28 to 15 days $40.00, 14 days or less $50.00
8. Changes after Departure
After departure, our Tour Director or local ground agent has the right to make any changes to arrangements which they/we consider to be necessary or appropriate in the interests of the safety of any of our clients, employees or suppliers or to be beneficial to the operation of the arrangements or desirable to overcome weather, transportation or other problems beyond our immediate control or that of our suppliers, or if changes are required at any time by government agencies or organisations or other official bodies. We do not control the day to day management of your accommodation. Particular hotels may only be used infrequently. It is possible that we may be advised that your reserved accommodation is not available after you have departed on your trip. If this occurs, we will endeavor to provide accommodation of at least the same standard in the same area.
9. Cancellation by Us
Occasionally, it may be necessary to cancel previously confirmed arrangements which we reserve the right to do. Where your arrangements are cancelled other than due to your default in payment, we will offer you the choice of either purchasing alternative arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us. Some programs require a minimum number of participants and in the unlikely event that this number is not reached, that departure may be cancelled and you will be offered an alternative departure or refund as above. Except where you fail to make payment in full and on time, we will not cancel less than six weeks before departure unless we are forced to do so as a result of “force majeure” as defined in clause 10 below. We regret no compensation will be payable if we cancel six weeks or more before departure for any reason or less than six weeks before departure as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. Very rarely, we may be forced to curtail your arrangements after the date of departure where circumstances amounting to “force majeure” as defined in clause 10 below occur. In this very unusual situation, we regret we cannot make any refunds (except where these are obtained from the relevant supplier(s)), pay any compensation or be responsible for any costs or expenses you may incur as a result.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. Force majeure includes any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, earthquake or volcanic activity, adverse weather conditions, fire, terrorist activity, governmental action and all similar circumstances beyond our control.
11. Air Travel
At the time a program is set up, we are not in a position to confirm the airlines, aircraft types and/or airports of destination which will be used in connection with your holiday arrangements. Where this information is provided prior to departure (as will usually be the case) a subsequent change at any stage will be treated as a minor change and will not entitle you to cancel without paying the normal cancellation fee. All flight times shown on our web site or given on booking are subject to change. Please ensure you carefully check all travel documentation and information relating to your arrangements as soon as it is received by you.
Unfortunately, delays in transportation (e.g. flights) can sometimes occur. We regret we cannot accept any liability in relation to any delays which are beyond our control or any expenses or losses you incur as a result. Depending upon terms of any insurance policy you have taken out, you may be able to seek reimbursement of any such expenses or losses together with compensation for the delay from the insurance company. We do not accept liability for loss of earnings or consequential business losses resulting from any delay and you should take out an appropriate insurance policy to cover such losses. In the event of your outward or return international flight being delayed, we will endeavour to arrange for the airline to provide appropriate refreshments if possible. In some instances airlines may make appropriate arrangements or pay compensation in the event of delay or cancellation.
13. Conditions of Suppliers
In respect of all services, the conditions of the supplier concerned (e.g. airline, coach operator, hotelier or other provider) will apply. Such conditions will often limit the supplier’s liability to you usually in accordance with applicable international conventions. Copies of these conditions are available from the suppliers concerned direct.
14. Pre-Departure Contact
It is essential to ensure you provide us with a telephone number or address where you can be reached up to 24 hours prior to your departure in the event of late changes or other problems.
15. Special Requests
If you have any special requests, please ensure you notify us in writing at the time of booking. We will endeavor to pass such requests on to the supplier(s) concerned. We regret however that we cannot guarantee special requests will be met and failure to do so will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
It is a condition of our accepting your booking that you take out adequate travel insurance for the whole period of your trip. We do not accept liability for any losses suffered by yourself or your party as a result of your being uninsured or under-insured.
17. Passport, Visa and Health Requirements
It is the party leader’s responsibility to ensure that all members of your party have all necessary passports, visas and health/vaccination certificates for your trip prior to departure. Requirements may change and you must check the up to date position in good time before departure. We cannot accept any responsibility if you are denied entry into any country or on to any flight due to inadequate travel documentation. Any costs or expenses incurred as a result will be your responsibility.
Such requirements do change from time to time and you should accordingly check the up to date position in good time before departure. If you or any member of your party is not a US citizen or holds a non-US passport, you must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. If failure to have the necessary travel or other documents results in fines or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
We, the tour director and any other person in authority (e.g. airline pilot or accommodation manager) has the right to terminate the trip arrangements of any person whose behavior, in our opinion or that of the person in authority, does or is likely to cause danger, distress or annoyance to themselves or any of our other clients, employees or any third party or to cause damage to property. In this event, our responsibility for the person concerned (including any continuing/return travel arrangements) will immediately cease and we will not be liable to meet any expenses or costs incurred as a result, make any refund or pay any compensation.
19. Consumer Disclaimer Notice
The payment of the required deposit or a partial or full payment for reservations on a tour shall constitute consent to all provisions of the list of conditions and general information contained in the brochure for the tour. These provisions are hereby incorporated by reference into this disclosure notice and passengers are advised to take note of them. Sirius Travel Inc. (STI), its agents, servants and employees, shall not be responsible for personal injuries or property damage, loss or delay, or change of itinerary incurred by a person or tour participant arising out of the act of negligence of any direct or supplemental air carrier, hotel or other person rendering these tours; nor shall tour operator be responsible for injury, death, damage, loss or delay in any means of transportation or by any agent supplier. The right is reserved to decline, accept or to retain any person as a member of a trip or to cancel a trip due to circumstances beyond the control of STI. If the contract between STI and the passenger, on the one hand, and/or the designated carrier, on the other hand, is canceled for any reason whatsoever, all partial or full payments made for the trip will be refunded per the cancellations section of the contract with no future obligation on the part of the operator. The right is specifically reserved to substitute hotels for other hotels in a similar category or to change schedules without prior notice, should circumstances so require. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of STI, no refund can be made nor will credit be allowed, provided that in the event of such change in itinerary STI shall provide accommodations and services of comparable quality and standard as set forth in the brochure. Any such change shall not modify the cancellation provisions in the brochure. No credit will be allowed nor refunds given for any services provided in the itinerary and conditions list should any such services not be utilized by tour members. All rates quoted are based on the carrier tariffs and international exchange rates, if applicable, at the time of pricing, and are subject to adjustment with prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the brochure. STI shall not be held responsible for any damage, injury, death or other loss caused by act or omission to act of any of the suppliers set forth.