THANK YOU FOR CHOOSING GARDNER TOURS!
Gardner Tours invests an ample amount of time and resources in developing relationships and partnerships built on trust and excellence in order to provide the best possible experiences and opportunities for our travelers. We do this while striving to keep cost and risk as low as possible for you while maintaining a high quality experience throughout. For these reasons, we have adopted the following booking terms and conditions.
The following Booking Terms, Policies & Conditions apply to all excursions and tour bookings.
We may amend these terms from time to time, and the terms applicable to your booking will be the terms published on GardnerTours.com at the time of your booking. The process to book with Gardner Tours is simple: choose a tour from our website that best suits your travel desires, book that tour via our website, and pay via our website. If you choose to customize a tour, please contact us and we will gladly build you a custom tour that suits your desires. Following, you will be sent an invoice according to your custom tour and you will pay to confirm your tour.
Once we have confirmed acceptance of the booking, there will be a binding contract between Gardner Tours, you, and everyone on whose behalf you make the booking (if applicable). Where context permits, every reference to you includes all persons on whose behalf you have booked the tour(s).
No variations to our booking terms (as published on our website) may be relied upon unless Gardner Tours and you have agreed to the variations in writing, which includes emails and text messages.
When you complete your booking, this authorizes that you are booking not only on behalf of yourself, but on behalf of everyone who is booked for the tour and that you and they will all be bound by these terms found on our website.
The travel services that Gardner Tours provides to you will be detailed in your tour booking and only those services will be provided. If you choose additional services, there may be a service charge.
The booking terms that you agree to between yourself, your fellow travelers (if applicable), and Gardner Tours will be the entire agreement/contract between us. We will not be bound by any representation or statement that is not detailed in these terms and we accept no liability for any representation or statement that is not detailed in these terms. You may not assign or transfer your rights or obligations under the booking terms. If any provision of the contract shall be invalid, void, illegal or the validity unenforceable, legality and enforceability of the remaining provisions of it shall not be affected, prejudiced or impaired.
PAYMENTS & BOOKING REQUIREMENTS
Full payment of your chosen tour(s) must be paid to complete and confirm your booking with the exception of some tours.
If you are given the option to pay a deposit (only applicable with some tours), this should be at the time of your booking and your full payment will be due 60 days before the departure of your tour. Should this final payment fail to reach us by the date specified, we reserve the right to treat the booking as canceled. If a booking is made four weeks or less prior to the departure date, then the full amount is payable upon booking.
Adults & Minors: Gardner Tours requires all minors (17 and younger) booking with us to be accompanied by at least one adult (18 or older).
If you make your reservation through a travel agent we shall address all communication to the agent. All monies paid by you to a travel agent are held by the travel agent for us until such monies are forwarded to us.
In the case that you book using a promotional code, only one promotion code per traveler may be used at a time. Promotions may not be combined nor can they be transferred if specified to certain persons. Promotional codes are also not valid for custom tours.
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.
For all day tours or excursions booked with Gardner Tours, cancellation charges are as follows:
1. Cancellations made seven days or more prior to travel may receive a 75% refund.
2. Cancellations made seven days or less prior to travel will lose 100% of their payment.
For all overnight tours or excursions booked with Gardner Tours, cancellation charges are as follows:
1. Cancellations made 60 days or more before departure will result in a loss of deposit (if applicable).
2. Cancellations made 15-60 days before departure may receive a 75% refund (including the deposit if applicable).
3. Cancellations made 15 days or less before departure will lose 100% of their payment (including the deposit if applicable).
The following cancellations and tour changes apply to all overnight tours or excursions booked with Gardner Tours:
Gardner Tours reserve 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
TRAVEL & TRAVEL DOCUMENTS
You must be in possession of a valid passport, visas, permits and certificates as may be required for the tour. It is your sole responsibility to make sure that you have all necessary visas, health requirements for your entire journey, including transit visas where required. Gardner Tours does not accept responsibility for changes in regulations for visas or any particular requirements for visas and will not be held responsible for your failure to obtain the necessary visas.
For all services booked with Gardner Tours, it is your sole responsibility to book for and pay for any flights. For all tours that include airport transportation, to help you in booking your flights, the proper airport information will be communicated upon booking your tour. If airport transportation is included in your tour, you are responsible with communicating your flight information to Gardner Tours so that you may be picked up and dropped off at the proper time.
Any information and advice given by Gardner Tours on visas, vaccinations, climate, clothing, baggage, flights and anything else that is not a service that we contract to provide is given in good faith but without any liability or responsibility.
EXPERIENCE, LICENSES, CERTIFICATIONS AND FITNESS
Certain activities require a minimum level of experience in order to participate and we expect you to be honest with us in assessing your level of fitness and abilities. Where applicable, Gardner Tours will advise you of these requirements in good faith. You accept full responsibility for ensuring you have the relevant experience, licenses and certifications required to participate in these activities and carry documents to that effect. You agree to that Gardner Tours will not be liable for any refusal to allow you to engage in the relevant activity due to your lack of documentary evidence, insufficient experience licenses or certification or inadequate level of fitness.
By agreeing to these terms, you confirm that you are in good health for the activities that you will be undertaking and have advised fully any medical history that could in any way adversely affect your participation in the tour. You agree that you will not participate in activities if you are feeling unwell or undertake any diving activities if you have a chest cold or respiratory congestion while on the tour. Where you will engage in diving activities organized through Gardner Tours, you must produce a diving medical certificate completed by a diving medical specialist if you have any medical condition contrary to these requirements. In addition to any other provisions of these terms that relating to diving tours, to participate in diving, you will be required to sign an Information and Disclaimer form in the form required by Gardner Tours.
You agree to reimburse Gardner Tours or the relevant operator for any of equipment lost or damaged whilst in your care.
You agree that Gardner Tours may use images of you taken during the tour without recourse and without compensation to you, for publicity and promotion purposes through whatever medium we choose.
ERRORS AND OMISSIONS
Gardner Tours has endeavored to verify the accuracy of statements made on the website or in any advertising material originated by us but to the maximum extent permitted by law, we accept no liability for any error, omission, or inaccuracy.
USE OF OUR WEBSITE
You must not attempt to gain unauthorized access to any information, or any computer systems or networks, through hacking, password mining or any other means. You must not use contact information provided by users of the website, or harvest such information, to send or facilitate the sending of unsolicited bulk communications such as SPAM.
Gardner Tours cannot guarantee that our website will be accessible 24 hours a day. In addition to and separately from any other provision of these terms, you agree that we will not be liable for any inability by you to access or use the website where the cause arises from an event that is beyond our reasonable control.
You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through our website and while using online transactions may be read or intercepted by others, even where a website is stated as being secure. Gardner Tours takes the proper steps to preserve the security of our website, as well as any transmission from you, but we accept no liability of any kind for the interception or ‘hacking’ of any data through our website by unauthorized third parties.
We endeavor to avoid the infiltration to our website of viruses and other harmful or invasive mechanisms but accept no responsibility or liability should your computer system, device or website be affected by any such mechanisms upon visiting our website or any linked website. You must take your own precautions to ensure that the process which you employ for accessing this website and any linked website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
We do not warrant or guarantee that the site will operate error free or that loss of data may not occur.
This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless, and to the extent expressly stipulated to the contrary.
Thank you for trusting Gardner Tours with your holiday!
When you communicate with Gardner Tours and complete our forms/book a tour, you will provide us with information, which may include personal information about you and your traveling party. Gardner Tours will provide only the necessary personal information such as name, number in party, number of rooms booked, etc to our guides and partners/operators to enable the operation of the services requested by you. We do our utmost to protect your personal information and can guarantee that no payment information or other protected personal information will be shared, however we accept no responsibility or liability for the way in which any such third party operator treats or deals with your personal information.
We utilize reasonable efforts to ensure that your personal information is:
- securely stored; and
- prevented from unauthorized use or disclosure.
You may at any time seek clarification as to whether we hold personal information about you and if so, what that information is.
To the fullest extent permitted by law, any provision in these booking terms and conditions in favor of any director, employee, or agent of ours or any operator is intended to be enforceable by them. Nevertheless, these terms may be varied at any time without their consent.
LEGAL JURISDICTION AND PRINCIPLES
The contract will be governed by and construed in accordance with the laws of the United States of America, and the parties involved submit to the nonexclusive jurisdiction of the Courts of the United States of America.