Terms & Conditions
GENERAL INFORMATION
Today Voyages is an online marketplace, providing ‘travelers’ and ‘affiliates’ with an easy-to-use platform where to search a selection of multi-day tours and professionally managed vacation rentals. Today Voyages combines the expertise of a local Tour Operator with the benefits of an Online Travel Agency. The terms "we", "us", "our" refer to Today Voyages, DBA of Go West Tours, Inc., a CA corporation.
The terms:
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"you", “traveler” refers to the user making a booking with us and all members of his/her group
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‘travel agent’, ‘travel advisor’, ‘travel professional’, ‘affiliate’ refers to any company/individual buying and reselling Today Voyages tours and or vacation rentals.
CONTRACT
These Terms and Conditions set forth herein including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By using, accessing, or browsing through the website, and/or by utilizing any of the services advertised, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms, please do not use, access, or browse the website and/or its services. If you are making a booking as a group or travel agent, the leader of the group or travel agent is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader or travel agent’s failure to share these Terms with all travelers in their group.
The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) and any related applications (the "Application").
TODAY VOYAGES IS SOLELY ACTING AS A COMMERCIAL AGENT FOR THE OPERATORS. TODAY VOYAGES IS NOT AN OPERATOR OF TOURS, NOR IS IT A PROVIDER OF TOURS, NOR A REPRESENTATIVE OR PROXY OF AN OPERATOR NOR AN INSURER. TODAY VOYAGES DOES NOT OWN, SELL, RESELL, FURNISH, PROVIDE, MANAGE OR CONTROL ANY TRANSPORTATION, TOUR OR TRAVEL SERVICES AND DOES NOT ACT AS AN AGENT TO THE TRAVELERS. TODAY VOYAGES'S RESPONSIBILITIES ARE LIMITED TO EXCLUSIVELY FACILITATING THE AVAILABILITY OF THE SERVICES AND SERVING AS THE COMMERCIAL AGENT OF EACH OPERATOR.
TODAY VOYAGES HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, TRAVELERS, MEMBERS AND OTHER USERS OF THE SERVICES.
TODAY VOYAGES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS.
TODAY VOYAGES IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER'S OWN RISK.
CHANGES TO THESE TERMS AND CONDITIONS
Today Voyages reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes. You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
APPLICABILITY
These terms and conditions ("Terms"), as amended from time to time, apply to all Today Voyages services. By accessing, browsing or using the Site, Application and Services through whatever platform, you agree to comply with and be legally bound by these terms Irrespective of a registration or certain use or way of access. These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) vis-à-vis Today Voyages and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy and the Legal Notice, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate. Furthermore, you also confirm that the Traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
ELIGIBILITY
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older. PRIVACY For information and notices concerning Today Voyages' collection and use of your personal information, please refer to our Privacy Policy.
PRIVACY
For information and notices concerning Today Voyages' collection and use of your personal information, please refer to our Privacy Policy.
BOOKING AND PAYMENT PROCESS
Our tours take many hours of planning and work to create the unique experience we aim to give our travelers. This planning takes place long before your trip departure date. Therefore, our trips do include non-refundable deposits as detailed in your trip itinerary. In addition, our suppliers require payments long in advance of your departure date and so all bookings are subject to their terms and conditions.
Our bookings do not include airfare. You must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Final payment for your trip reservation will be due no later than 61 days before your scheduled departure date. Failure to receive the final payment will result on your trip being cancelled. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. We will not be held responsible for lost reservations.
TRAVELER INFORMATION
While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
CREDIT CARD BOOKINGS
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, you must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions, including the privacy and cookie policy and the cancellation terms. As such you agree not to make any improper dispute. In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Today Voyages retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
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Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
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Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
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Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
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Chargebacks resulting from force majeure or other circumstances that are beyond the control of Today Voyages or the Supplier.
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Chargebacks resulting because you do not agree with the cancellation policy.
PRICING
For trips that include a hotel stay, our prices depend on the room type. Unless otherwise indicated, prices are per person and are based on a double room. Single rooms are available with a supplement. Triple and Quad rooms are available for certain trips only with an applicable discount. Triple and Quad rooms consist of 2 double beds. The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. At the time of booking confirmation, we will provide you with an invoice reflecting the current price. We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues, or taxes payable locally, currency 4 fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment, your price is locked in. We also reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
CANCELLATION AND NO-SHOWS
As described above, Today Voyages is required to pay all suppliers well in advance of your departure date. This includes but is not limited to hotel accommodations, meals, show tickets, admission tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Today Voyages immediately in writing and request a written confirmation of your cancellation. Upon, receipt, Today Voyages will communicate with the suppliers regarding any applicable refunds subject to suppliers’ terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Today Voyages. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
Exceptions to suppliers’ cancellation policy cannot be made for any reason, including but not limited to weather, terrorism, civil unrest, epidemics, or the thread of personal, family or medical emergencies or force majeure. There is no refund for arriving late or leaving a trip early.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
NO REFUND FOR UNUSED ARRANGEMENTS
As Today Voyages’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion.
CHANGES IN ITINERARY OR CANCELLATION BY US OR THE SUPPLIER
CHANGES
We are continuously striving to improve tour itineraries and features. In the event of unforeseen circumstances that are beyond our control, we reserve the right to vary the itineraries and to substitute hotels or visits. Hotels may vary from those indicated on the itinerary but will be of similar standing and star rating. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed. Traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us.
CANCELLATION BY US
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or 5 refunds in accordance with the cancellation schedule above. Traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us.
CHANGES AND CANCELLATION BY THE SUPPLIER
We will inform you as soon as reasonably possible if a supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you.
NON-OPERATION OF GROUP TOUR
Our group tours require a minimum of participants to guarantee the trip. We reserve the right to cancel or reschedule a trip if it fails to satisfy the minimum requirements. In this case, we will contact participants already registered 31 days before the scheduled departure date. We are not responsible for any cancellation penalties that may have been incurred on any other travel arrangements inclusive of separate purchase of air tickets.
Any refund granted can take up to 3-5 business days to reach the user’s debit or credit card, depending on the financial institution.
FORCE MAJEURE
Today Voyages assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, 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 the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Today Voyages that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Today Voyages.
COVID-19 RELEASE OF LIABILITY
By booking a tour or a vacation rental at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Today Voyages.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. Some locations may require you to have a vaccination or proof of a negative test. The requirements of stopover locations also apply. Upon return home there may be additional requirements. You must be aware of restrictions and have all appropriate documentation for any destinations. You are responsible for understanding all of these requirements and must not rely on us to provide information.
You understand that you may become sick before, 6 during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Today Voyages has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Today Voyages shall not be liable to any losses howsoever arising. We will not be liable should any travel protection plan decline coverage for COVID-19 related injury or illness.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Go West Tours, Inc. dba Today Voyages, its shareholders, officers, agents, directors, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
TRAVEL PROTECTION
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
Today Voyages is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Today Voyages cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
AIRPORT TRANSFERS
Some of our trips include airport transfers, please refer to your itinerary or contact us if you are unsure. For those trips, we will arrange and provide airport transfers, both inbound and outbound, with the following conditions:
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You must provide your flight information no later than 31 days before your travel date.
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We cannot provide the airport transfer if it is not scheduled for the first and/or last day of the tour. Thus, no transfer can be provided in the event of a pre- or post-stays.
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We cannot guarantee welcome or transfer services if you do not arrive on the flight or date that you have communicated to us;
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We cannot guarantee that we will be able to provide airport transfer services if the flight arrives two or more hours later than its scheduled arrival time. (Guides do their best to accommodate travelers who do not arrive as scheduled, but since they normally work alone, it is likely that the guide will need to welcome the other travelers and might not be able to provide welcome services to latecomers).
In cases 3 and 4, we will do our utmost to ensure that welcome and transfer services are provided, especially if we have been notified of the issues. However, we cannot guarantee the execution of these services and cannot be held financially responsible if they are not provided. In those cases, you will have to manage your own transfer to the 1st hotel of the tour.
Please contact us on our emergency phone (+1-415-710-1913) in the event of a flight change over the weekend or a holiday, or evenings (San Francisco time). The office is closed on evenings and weekends, so any electronic correspondence will not be read.
The airport transfers can be done either in private vehicles or shared shuttles (with possible stops).
EMERGENCY TRIP ASSISTANCE
In order to receive proper assistance, trip-related emergencies must be notified through our dedicated 24/7 hotline at +1-415-710-1913.
CONTENT
All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
All software, applications, and modules (collectively, "software") used on the Site are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or 8 functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.
Today Voyages may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”). By making available any Content on or through the Services, you agree that Today Voyages may use the Content as Today Voyages at its discretion sees fit in particular on its (mobile) website and app, and in (online/offline) promotional materials and publications. You hereby grant to Today Voyages a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services. Today Voyages does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Today Voyages the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Today Voyages’ use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and Today Voyages will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
Today Voyages may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your Today Voyages account. Upon termination Today Voyages will within a commercially reasonable time pay you any amounts which Today Voyages is legally obliged to pay you. Today Voyages does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
LINKS TO THIRD-PARTY SITES
Our website contains content and links to websites and information owned and operated by third parties. If you access this content, links, website third party-controlled site, you leave our website. Today Voyages has no control of the content of any linked website and is not responsible for these websites or their content or availability. Today Voyages makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Please note, third party websites and receiving 9 goods and/or services from these sites subjects you to their Terms and Conditions. Today Voyages accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
LIABILITY
Today Voyages purchases transportation, accommodations, and other services directly from various independent suppliers or through Third Party operators. Today Voyages is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Today Voyages does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Today Voyages. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Today Voyages, nor its employees, agents, or representatives are or may be liable for any personal injury or property damage that may occur due to (1) any act or omission of such a supplier; or (2) defects or failures of any aircraft, train, vessel, automotive vehicle or other means of transportation that is not under its control. By using the website, booking a tour, or participating in a tour, users agree to release Today Voyages from any and all liability in connection with any personal injury or property damage due to such occurrences. Moreover, by utilizing our platform, you are agreeing to interact with third party websites and suppliers. These suppliers are not owned or operated by Today Voyages. When accepting services from a third-party supplier please be aware you are subject to their terms and conditions as well as Today Voyage’s terms and conditions.
All information disclosed on the website or any of its linked URLs is provided in good faith; as such it is the most up-to-date information possible, and Today Voyages cannot be held responsible if said information, or any part of it, is not complete. In the event of a detected error, Today Voyages reserves the right to cancel any reservation made by mistake and to refund the money paid by the customer, without any resulting responsibility for Today Voyages.
ASSUMPTION OF RISK/WAIVER
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Today Voyages and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any thirdparty providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Today Voyages from any and all claims associated with the trip, including any 10 claims of third-party negligence and/or the negligence of Today Voyages and traveler hereby covenant not to sue Today Voyages for any such claims or join any lawsuit or action that is suing Today Voyages. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
YOUR BEHAVIOR/INDEMNIFICATION
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Today Voyages and our local suppliers. We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless Today Voyages, and each of our officers, directors, employees and agents (collectively “Today Voyages”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Today Voyages (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
PRE-EXISTING MEDICAL CONDITIONS/DISABILITIES
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Today Voyages will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Today Voyages at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
GOVERNING LAW/JURISDICTION/CLASS ACTION WAIVER/LIMITED DAMAGES/NOTICE OF CLAIM
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against Today Voyages in your individual capacity and not as a plaintiff or class member in and purported 11 class action or representative proceeding. Today Voyages shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Today Voyages unless you have first provided a typewritten notice of claim to Today Voyages within 30 days after the tour or cancellation of the trip.
MISCELLANEOUS
MODIFICATIONS
Any modification or amendment to this agreement must be made in writing and will be disclosed through the Today Voyages website.
CHANGES TO THE SITE, RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
Today Voyages reserves the right to limit or revoke anyone access to this Site in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms. Users acknowledge and agree that Today Voyages has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, "look and feel," navigation, features and any and all other elements of the Site or any part thereof.
CALIFORNIA RESIDENTS ONLY
Upon cancellation of the transportation or travel services, where the guest 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 guest, all sums paid to for services not provided will be promptly paid to the guest, unless the guest advises in writing, after cancellation. This provision does not apply where Today Voyages 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 transportation or service. In this situation, Today Voyages will provide the guest 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.
CALIFORNIA TRAVEL RESTITUTION FUND
If your transaction is with Today Voyages, and you are a resident of California the transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if Today Voyages was registered and participating in the TCRF at the time of sale and the guest is located in California at the time of payment. Eligible guests may file a claim with TCRF if the guest is owed a refund of more than $50 for transportation or travel services which Today Voyages failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one guest is the total amount paid on behalf of the guest to Today Voyages not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org. The TCRF does not cover any guests purchasing a Today Voyages Tour from outside of the state of California.
CALIFORNIA SELLER OF TRAVEL
California Registered Seller of Travel #2046350. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.