Terms and Conditions
TERMS AND CONDITIONS SECTION
Ponte Travels is a Registered Seller of Travel in the State of Washington, number 604574236.
Reservations and Payments: Reservations are initiated on receipt by The New Ponte Travels, LLC (“Ponte Travels”) of a completed booking form and a 25% nonrefundable Deposit per passenger. The balance of payment is due on the due date specified in your itinerary, typically 90 days prior to departure. For reservations made within 90 days of departure the entire cost of the trip must be paid at the time of confirmation. Reservations will be automatically canceled if all payments are not received when due, with full loss of Deposit. International airfare is due at the time the tickets are issued. All payments must be made in U.S. dollars.
Reservation Amendments and Downgrades: All reservation amendments will be subject to changes in cost of the original itinerary and will be subject to the same cancellation penalties described below.
Downgrades in occupancy after submission of Deposit (i.e. reducing the number of travelers) is considered a cancellation of the full tour and will be subject to the same cancellation penalties described below.
Cancellation and Penalties: All cancellations must be made in writing, signed by the client, and sent to Ponte Travels. All trips are subject to the following, per person cancellation charges based on the number of days before departure that we receive your written cancellation request.
- More than 60 days before departure: Forfeit Deposit, refund of remaining Tour Price
- Fewer than 60 days before departure: No refund of Deposit or Tour Price
Refunds: All refunds will be processed within 30 days after the day we receive your written cancellation request. In the unlikely event that the trip itself is canceled by Ponte Travels prior to commencement of the trip due to circumstances beyond our control, and you are unable to schedule for another time, all moneys are refundable with the exception of your personal trip expenses (e.g. non-refundable “advanced purchase” air tickets). There is no refund for any unused portions of a trip once it has commenced.
Insurance: Due to the uncertain nature of travel, Ponte Travels requires each traveler to hold a comprehensive travel insurance policy including trip cancellation and interruption, baggage, accident, emergency assistance and medical assistance. This requirement cannot be waived. Contact your Ponte Travels agent for a policy brochure and price quote or purchase through the company of your choice.
Tour Price: Tour Price includes all features listed in individual itineraries. All Tour Prices are based on known costs and rates of exchange at the time of booking. Any significant changes beyond the control of Ponte Travels will be passed on to the clients. An increase in Tour Price shall not be sufficient grounds for a refund request.
Airfares: Airfares are subject to change without notice prior to ticketing. Ponte Travels is not responsible for any airline schedule and airfare changes, cancellations, overbooking or damage or loss of baggage and property. All claims for any loss or injury suffered on any airline must be made directly with the airline involved. Air schedule changes may necessitate additional nights being added to your tour. These schedule changes are beyond the control of Ponte Travels and any resulting additional costs must be borne by the client. Client’s full name as it appears on client’s passport must be used when making airline reservations.
Items excluded from the Tour Price: Airport departure taxes where levied, passport and visa fees, excess baggage charges, medical and evacuation costs unless covered by insurance, all items of a personal nature such as laundry, beverages (alcoholic, soft drinks, bottled water), client communication expenses, room service, optional excursions, or deviations from the scheduled tour, meals not included in the itinerary, and gratuities for the drivers, guides, and porters. If any tour is delayed due to weather or road conditions, flight delays, illness, or other contingency over which Ponte Travels or its agents or contracted tour operators have no control, the cost incurred by such delay is not included in the Tour Price.
Alteration of Tours: Ponte Travels reserves the right to modify a trip, including its size, itinerary, or accommodations (of similar category), at its sole discretion. There will be no refunds or credits for such alterations to the trip itinerary.
Cancellation of Tours: Ponte Travels reserves the right to cancel a trip at its sole discretion. In such case, a full refund of the Tour Price will be given, but Ponte Travels is not responsible for expenses incurred by the client in preparation for the trip including airfare charges.
Responsibility: Ponte Travels, its owners, agents, and employees act only as agents for the client with respect to services provided, including, but not limited to, hotels, restaurants, sightseeing, and all forms of transportation. All tour services are provided by independent contractors who are not owned or controlled by Ponte Travels. Ponte Travels assumes no responsibility or liability for injury, death, damage, loss, accident, delay or change in air or other service, irregularity, inconvenience or additional expenses which may be occasioned directly or indirectly by either reason or defect of any vehicle, act of war, insurrection, revolt, government restrictions and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather sickness, wars, theft, pilferage, force majeur, wild animals, failure of any means of conveyance to arrive or depart as scheduled overbooking, travel advisories, discrepancies or changes in transit, hotel and other services over which it has no control, or any act of God occurring in either the country of origin, destination or through passage, or through the acts or default of any company or the persons engaged in conveying the passengers or in carrying out the arrangements of the tours. All such losses or additional expenses will be the sole responsibility of the client. Ponte Travels may not be held responsible for any loss or damage to luggage before, during, or after the tour program. On advancement of Deposit to Ponte Travels, the depositor agrees to be bound by the above terms and conditions. Ponte Travels reserves the right to accept or refuse any participant for any tour programs for any reason. Ponte Travels will not discriminate against anyone because of race, religion, sex, sexual preference, or nationality.
Minor Child Participation. Any person under 18 who shall participate in a Tour must be accompanied and supervised by an adult. The adult travel companion shall be primarily responsible for the conduct and care of the minor tour participant, and Ponte Travels will not accept any parental responsibility for the minor tour participant.
Airline Responsibility: The sole and exclusive responsibility and liability of any airline shall be in accordance with and as limited by the contract of carriage in the passenger’s ticket, the applicable tariffs and the provisions of the Warsaw Convention. The airlines shall not be responsible or liable for any act, omission, or occurrence during the time the passengers are not on board its aircraft or conveyance. The passage contract in use by the airlines concerned, when issued, shall constitute the sole contract between the airlines and such purchasers of these tours and/or passenger. Such conveyance, etc., is subject to the laws of the countries involved. Ponte Travels is not responsible for additional hotel nights, transportation, or meals not specified in itineraries, which may be required en route, prior to or following a trip, caused by airline schedule changes or overbooking.
WAIVER AND RELEASE/GRANT OF RIGHTS
By purchasing tickets for and participating in a tour (“Tour”) provided by Ponte Travels and all of its affiliated entities, parent companies, subsidiaries, agents, present and former employees, owners, officers, members, managers, partners, contractors, insurers, and all other persons or entities acting in any capacity on their behalf (collectively referred to as Released Parties), and in consideration for my being allowed to participate in the Tour, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”):
Voluntary Participation. My participation in the Tour is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tour.
Rescue and Medical Assistance: In the unlikely event of rescue and medical assistance being needed, I acknowledge that I will be liable for the entire cost thereof, unless covered by insurance. I authorize Released Parties to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Released Parties to provide such assistance, transportation, or services.
Health Requirements: By forwarding the Deposit and signed reservation form, I certify that I do not knowingly have any physical or other condition that would create a risk for me or other trip participants.
Any required inoculations will be recorded by my health practitioner on a valid vaccination certificate which I am required to carry in my possession throughout the Tour. I acknowledge that it is my responsibility to consult with my health care provider prior to departure for up-to-date requirements and personal recommendations for the countries included in the Tour.
Comprehension of Risk. I fully comprehend and accept that by participating in the Tour, I will engage in activities that bear risks which could result in injury, death, illness, emotional distress or damage to me, to property or third parties. I understand that the Tour takes place in public venues under conditions largely beyond the Released Parties’ control. My participation in the Tour includes but is not limited to the risk of injury, death, or other damages caused by: a) My own physical condition, health, lack of health, or my own acts or failure to act; b) First-aid, lack of first-aid, improper first-aid, emergency treatment or other services rendered; c) Consumption of food or drink; and d) Adverse weather conditions.
Assumption of Risk. I assume any and all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tour. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tour, including loss or damage suffered by any third parties.
Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Released Parties from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tour, including, without limitation, any and all Claims resulting from the negligence of the Released Parties and any claims by third parties. Any party’s liability to me will be limited to actual damages arising from such party’s gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tour be greater than the amount I paid to Ponte Travels for its services in relation to the Tours. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tour is cumulative and not per incident. In no event shall any Released Party be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Released Parties have been informed of the possibility thereof. No claim for damages may be brought more than one year after the return date of the Tour out of which such claim arises.
Indemnification. I agree to defend and indemnify the Released Parties from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tour, including attorneys’ fees and other associated costs and expenses actually incurred, as incurred.
Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision.
Governing Law and Venue; Binding Effect. This Waiver shall be governed in all respects by the laws of Washington State without regard to conflict of law principles, with venue in King County, Washington.
This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and inures to the benefit of the Released Parties, successors and assigns.
Disputes. The parties shall attempt to resolve any and all disputes or claims arising out of this Agreement through mutually cooperative negotiation in good faith. If negotiation is unsuccessful, the matter may then be submitted to mediation. If mediation is unsuccessful, the matter shall be settled by arbitration with a recognized Alternative Dispute Resolution (“ADR”) group in King County, Washington by an arbitrator chosen in accordance with the ADR rules, and the judgment upon award may be entered in any court having jurisdiction. The parties agree to electronic appearance via telephone or live video at any arbitration. The attorneys’ fees and costs of dispute resolution shall be borne by the losing party unless the parties stipulate otherwise or in such proportions as the mediator or arbitrator shall decide.