CANCELLATIONS AND TOUR CHANGES

Once we receive your booking and payment (the contract is in place), you may not withdraw from it except as permitted by the booking terms. Gardner Tours will accept a cancellation by you providing that you cancel via writing and the payments have been made. Any cancellation by you will be effective from the date of physical receipt by us. The date on which cancellation is received by us or our agents will determine the cancellation charges applicable. The cancellation charges are expressed as a percentage of the total tour price and based on the number of days notice before date of departure. Date of departure is defined as the day of commencement of any tour arrangements we have made for you. Our cancellation policy applies for all tours unless otherwise stated. Also, be it known that Gardner Tours will not be held liable for your cancellations or losses due to your cancellations. If you cancel a tour for any reason and desire to claim your losses, please consult your travel insurance company. For more details on our terms and conditions regarding travel insurance, see our “travel insurance” section below. 

For all day tours or excursions booked with Gardner Tours, cancellation charges are as follows:

1. Cancellations made more than seven days prior to travel will result in a 50% refund minus vendor loss, OR you may postpone your day tour or excursion minus vendor loss.

2. Cancellations made four to seven days prior to travel will result in a 25% refund minus vendor loss, OR you may postpone your day tour or excursion minus vendor loss.

3. Cancellations made three days or less prior to travel will result in no refund.

For all overnight tours booked with Gardner Tours, cancellation charges are as follows:

1. Cancellations made more than 90 days prior to travel will result in a 100% refund minus vendor loss, OR you may postpone your tour minus vendor loss.

2. Cancellations made 61 to 90 days prior to travel will result in a 75% refund minus vendor loss, OR you may postpone your tour minus vendor loss.

3. Cancellations made 46 to 60 days prior to travel will result in a 50% refund minus vendor loss, OR you may postpone your tour minus vendor loss.

4. Cancellations made 31 to 45 days prior to travel will result in a 25% refund minus vendor loss, OR you may postpone your tour minus vendor loss.

5. Cancellations made 30 days or less prior to travel will result in no refund.

The following cancellations and tour changes apply to all tours or excursions booked with Gardner Tours:

Gardner Tours reserves the right to cancel any excursion or tour at any time. If we have to cancel your tour before the date of departure, we will, if possible, give you will the choice of taking an alternative tour (where this would cost more, you would be required to pay the additional costs but where the cost would be lower, we will refund the difference) or accepting a full refund. You will be required to make your election and to pay any additional costs within the time that we specify at the time that we make any offer of an alternative tour. Where you opt for an alternative tour, all of these terms will apply to it, and the process for booking it will be as set out in these terms.

The paragraph above also applies where an event of uncontrollable force occurs including by way of example, war, civil strife, industrial disputes, and natural disasters. we have to cancel the tour/your booking. However, where, because of the event, it is not possible to offer an alternative tour, the only option will be for a full refund.

If, prior to your departure, we become unable to provide a particular activity that you have booked, we will, if practicable, advise you before departure, but we are not obligated to do so or to pay you compensation. We will, if practicable, offer a replacement activity, which you may accept or decline. If you accept, then you will be required to pay any additional costs and if the costs are less than what had been contracted for, then you will only be required to pay the lesser amount. If you decline to accept any offer, then we will refund to you the cost of the activity. You will be required to make your election and to pay any additional costs within the time that we specify at the time that we make any offer.

If, prior to your departure, it becomes clear that we will not be able to provide a significant proportion of the services that you have booked, we will, if practicable, offer alternative arrangements for you, which you may accept or decline. If you accept, then you will be required to pay any additional costs and if the costs are less than what had been contracted for, then you will only be required to pay the lesser amount. If you decline, then the contract between us will be terminated and all monies paid by you will be refunded. You will be required to make your election and to pay and additional costs within the time that we specify at the time that we make any offer.

If, prior to your departure, we become unable to provide the destination that you have booked, we will advise you as soon as reasonably possible. We will, if practicable, offer (on the basis of these terms) a replacement destination, with as many of the activities that you have booked as is possible, which you may accept or decline. If you accept, then you will be required to pay any additional costs and if the costs are less than what had been contracted for, then you will only be required to pay the lesser amount. If you decline, then our contract will be terminated and all monies paid by you will be refunded. You will be required to make your election and to pay any additional costs within the time that we specify at the time that we make any offer.

If, after you depart, we become unable to provide a particular activity that you have booked, we will if practicable, advise you, but we are not obligated to do so or to pay you compensation. We will, if practicable, offer a replacement activity, which you may accept or decline. If you accept, then you will be required to pay any additional costs and if the costs are less than what had been contracted for, then you will only be required to pay the lesser amount. If you decline to accept any offer, then we will refund to you the cost of the activity. You will be required to make your selection and to pay any additional costs within the time that we specify at the time that we make any offer.

In the unlikely event that, for any reason, we become unable to provide a significant proportion of the services you have booked after you depart, we will, if practicable, offer alternative arrangements for you, which you may accept or decline. If you accept, then you will be required to pay any additional costs and if the costs are less than what had been contracted for, then you will only be required to pay the lesser amount. If you decline, we will provide you with transport back to your point of departure and a pro rata refund (as determined by us) for the cost of the remainder of your holiday.

Some of our tour activities are weather dependent. If something is cancelled by an operator, then talk to the operator and see if they can provide another option. If not, please inform us as soon as possible as we may be able to fit a similar activity into your itinerary elsewhere. If that is not possible, then at the end of your tour, we can work out any necessary reimbursements and refund in a one off payment. Please note that no operator has authority to authorize any refund on our behalf.

TOUR COSTS

Prices found on our website may be subject to change at any time until your booking confirmed. Even after that time, prices may be changed if we are charged additional costs after booking, including, for example, where agencies that are used to provide services on a tour raise their costs for any reason and should that occur, if that would result in your paying an additional amount of more than 10% of the tour price, you will be entitled to cancel your tour with a full refund of all monies paid to us. Should you decide to cancel because of this, you must exercise your right to do so within five days of the date of our advice. If there is less than five days before the departure date, then by no later than one day after you have received our advice of the increased costs.

SPECIAL REQUESTS

If you have special requests (including special dietary needs or medical requirements), you should inform us of such requests in your booking, where you will be provided a space to do so. We will advise the relevant persons, partners, or other service providers of your requirements, and will do everything in our means to meet your requests, but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met.

ITINERARIES

The type of travel we offer requires flexibility and must allow for alternatives. The outline itinerary as given for each excursion or tour must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on our part. The final decision on the itinerary and conduct of any excursion or tour will be taken by us or our agents in the interests of the group/or travelers as a whole. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to events beyond our reasonable control.

Upon receiving your itinerary and travel documents, please check all documentation thoroughly and notify us as soon as possible of any discrepancy. We cannot accept any liability if we are not notified of discrepancies within seven days of tour departure.

Where Gardner Tours relies on third parties or acts as an agent, we do not accept responsibility or liability for any failure by any third party or our principal in providing products or services to you. In the event that such a situation arises, we will make reasonable efforts to get the third party or our principal to rectify any problems or to find a suitable alternative for you.

UNUSED SERVICES

No refunds will be given for missed or unused services such as Bed & Breakfast (BnB) accommodations, meals, day excursions or experiences regardless of the reason why you have missed or not used the services. The inclusions in the cost of your booked tour may be found on each tour’s specific page.

RISK

At all times, the decision of the tour guide or representative will be final on all matters likely to endanger the safety and well-being of the tour. You must, at all times, strictly comply with all laws, customs, foreign exchange and drug regulations. Should you fail to do so, you may be ordered to leave the tour without any refund and without any legal claim against us.

Gardner Tours reserves the right to withdraw services and expel from any tour any person who is causing risk to themselves or the environment, or negatively impacting on others’ enjoyment of their tour. In the event that this occurs, you agree that you will not be entitled to a refund of any sort and that you will be fully responsible for your travel arrangements from the point of expulsion.

TRAVEL INSURANCE

It is essential that all passengers are covered by insurance before setting out on holiday. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. If your tour includes diving, your insurance must also cover this activity. We suggest you ensure that the insurer is aware of the type of travel to be undertaken. Should you have an existing travel insurance policy, please take a moment to ensure it is up to date, and cover is adequate for your chosen destination and activity. Know that you are liable to purchase insurance on your own. In the event that an incident occurs and you are not covered by the proper travel insurance, Gardner Tours is not liable for you in any way.

AMENDMENTS

If you wish to make any alterations to your tour, we will make every effort to accommodate these, but cannot guarantee that this will be possible. If alterations you request are possible, these will be subject to any additional costs or charges imposed by the relevant persons, partners, or other service providers, and a sum of USD $100 to cover our administrative costs. Requests for amendments must be made in writing by the person who completes the booking on our website.

If we accept a request to transfer you from one tour to another, you will be liable for any costs imposed on us by our partners for the cancellation of your original tour. We also reserve the right to charge an administration fee of up to 20% of the value of the first tour booked, payment of which would be required before we confirm your booking for the alternative tour.

LIABILITY

Where your booked excursion or tour involves adventurous activities, you acknowledge that the nature of the tour may involve a significant amount of personal risk, including by way of example, personal injury, disease, loss or damage to property, inconvenience, and discomfort. You further acknowledge that you are fully aware of the risks of injury associated with your participation in these various activities and agree to voluntarily assume all such risk. Accordingly, it is a fundamental term that to the maximum extent permitted by law, neither we (nor any director, employee or guide of ours) nor any operator engaged by us will be liable in any respect for any death or personal injury or for any loss of or damage to any property arising out of or incidental to your tour.

We accept no liability for any form of monetary loss suffered by you as a result of any breach of these terms by us or by the failure for any reason to provide any of the services contracted for.

To the fullest extent permitted by law, we contract out of any condition, guarantee, warranty or any other form of assurance that would be implied by law and give only those conditions, guarantees, warranties, or assurances expressly set out (if any) in these terms.

Should we have any liability to you under any head of law (including for breach of contract or negligence or anything else and whether for bodily injury, illness, death, damage to or loss of property, inconvenience or discomfort, or for damages or compensation of any kind or anything else) or under any applicable statute, then to the extent permitted by law, our liability is limited to $1000 USD. To avoid doubt, where you have booked on behalf of more than one person, this limitation of liability is an aggregate sum, that applies to any claims of any kind by all persons on whose behalf you have made the booking.

You agree that you may not raise any complaint or, to the extent that we can insist on this by law, make any claim of any kind, at any time later than three months after your tour (including any alternative tour that is offered and accepted) has ended, been terminated, cancelled, not provided for any reason.  Any complaint or claim must be in writing to Gardner Tours.

THIRD PARTY OPERATORS

We provide some of our tour services by booking through third party operators. We are not their agent nor are they ours. We have no control over the operators and accept no liability or responsibility (in either case of any kind), other than as expressly set out in these terms, for the actions or omissions of the operators (of any kind and including without limitation any negligence or deliberate or willful actions or omissions) or for any circumstances that have an adverse impact on the ability of the operators to provide any services or to provide them on time.  This exclusion of liability relates to any form of personal injury (including death), any form of property damage, and any kind of cost, expense, loss, damages (including without imitation any form of loss of income or profit) or compensation. This exclusion of liability is separate.

COMPLAINTS

Subject to the other provisions of these terms, Gardner Tours accepts liability should any part of your holiday arrangements booked with us not be as described in your personal itinerary and not be of a reasonable standard. Provided that you follow the complaints procedure set out below, we will refund to you an amount equal to the cost of that activity. Any sums received by you as well as the cost of any alternative arrangements made for you by us will be deducted from any sum paid to you as compensation by us.

Our liability in the previous paragraph will not arise where the reason why any part of your holiday arrangements booked with Gardner Tours not being as described in your personal itinerary and not being of a reasonable standard is not due to any fault on our part or of any operator engaged by us.

If you have a complaint as to any part of your holiday arrangements booked with us not being as described in your personal itinerary and not being of a reasonable standard, you must inform both Gardner Tours and any relevant persons, partners, or other service providers immediately. Matters can be most easily sorted out for you on the spot whilst you are on your tour. If the matter cannot be resolved to your satisfaction whilst on tour, we will deal with the mater promptly upon your return.