Terms & Conditions
Take a moment to review the full terms and conditions, then check the agreement box at the bottom.
By signing this document, or otherwise indicating your assent in writing, you agree to the terms and conditions set forth in this document. Borton Overseas (“we” or “us”) is providing the trip described or named in our Reservation Form (the “trip”). These terms and conditions apply to the trip and the program/itinerary for the trip.
1. RESERVATIONS AND PAYMENTS:
A non-refundable deposit of 30% of the total trip cost plus the cost of airfare, along with a completed Reservation Form and a signed Passenger Agreement, is required to confirm your trip. The final balance of your trip cost is due 90 days prior to departure. Payments can be made by check or credit card unless special conditions apply. A $50 fee is assessed for each change once services are confirmed. Travel documents are provided by email. Mailed documents can be requested
– a $50 processing and mailing fee applies.
2. CANCELLATION POLICY:
Cancellations for all or any part of the trip will not be effective until received in writing in the offices of Borton Overseas. When commercial airline tickets are purchased separate from the trip, different payment and cancellation terms apply and are detailed on your flight reservation confirmation.
The trip cancellation schedule is as follows:
- More than 90 days before departure date - Loss of deposit
- 89–45 days before departure date - 50% of total trip cost
- 44 days or less - 100% of total trip cost
Your decision not to participate on the trip due to State Department or Centers for Disease Control advisories or warnings, fear of travel, or for any other reason will be deemed a cancellation.
The above fees are in addition to any airline-enforced cancellation fees. If a flight or other delay for any reason prevents you from joining the trip on the trip start date, you must advise the designated local supplier immediately. No refund will be available, but the local supplier will assist you in resuming your itinerary.
No refund can be made for any tour accommodation, service, or feature that you do not utilize or voluntarily change. If you cancel while the trip is in progress, there will be no refund for unused portions.
3. TRAVEL INSURANCE:
We recommend that you purchase trip insurance with coverage for cancellation. Specific countries may require proof of coverage. If you must cancel your participation, trip insurance may be the only source of reimbursement, if you cancel for a covered reason.
For your convenience, an optional Travelex Insurance plan will be available to you. If purchased within 21 days of trip confirmation, you will be eligible for the waiver of pre-existing medical condition exclusion. Additional policy options are available during this period. Please see the policy for further information. If you are not completely satisfied within 21 days of purchasing the plan, Travelex Insurance will refund your premium cost if you have not departed on your trip or filed a claim.
If you decline to purchase any trip cancellation/interruption coverage, you may be personally responsible for any financial loss associated with your travel arrangements.
The product descriptions provided are only brief summaries. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. Travelex Insurance Services, Inc CA Agency License #0D10209. Insurance coverages underwritten by Zurich American Insurance Company (NAIC #16535, state of domicile: New York), 1299 Zurich Way, Schaumburg, IL 60196. Certain coverages not available in all states.
4. AIRFARE:
Airfare is subject to change and availability and, depending on the fare basis, likely is nonrefundable. Your airline ticket constitutes a contract between you and the airline, even if purchased through Borton Overseas. Borton Overseas is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, or optional extras such as upgrades, seat reservations, baggage, etc. Names provided on your reservation form must match passports exactly. Airline fees associated with name changes once ticketed will be assessed.
5. PRICE INCREASES:
All rates and fares are those in effect at time of confirmation and are subject to change without notice. While every effort is made to avoid unnecessary price changes, all prices are subject to change. Prices are subject to increase due to currency fluctuations and/or supplier-imposed surcharges. Destination countries/governments can increase their VAT and/or departure taxes/fees, energy surcharges, park fees, and conservation fees, etc., at any time. These fees are the responsibility of each passenger traveling to the designated country and are not included unless stated. Any tour-included airfares are subject to unexpected
supplemental price increases which may be imposed after the date of purchase. Any such increases are beyond our control and will be
applied to your total due at the time of final payment. Acceptance of our terms is your consent to any post-purchase price increases
upon notification.
6. BAGGAGE:
Luggage allowance policies are set by the airlines and may change without notice. Baggage is at owner’s risk throughout the trip. Airlines, buses, vans, and other modes of transportation may all have weight and size restrictions on luggage. It is your responsibility to comply with all baggage restrictions.
7. PASSPORTS, VISAS, AND OTHER ENTRY REQUIREMENTS:
International travel requires a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please speak with your agent if you are unsure about the visa requirements for your travel destination. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations.
8. RESPONSIBILITY AND ASSUMPTION OF RISK:
Borton Overseas, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Borton Overseas”), do not own or operate any entity which is to or does provide goods or services for your program including, for example, lodging facilities, airline, vessel, or other transportation companies, safari or guide services, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Borton Overseas is not liable for any negligent or willful act, failure to act, financial failure or other defaults of any such person, entity, supplier or any other third party.
In addition and without limitation, Borton Overseas is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics or the threat thereof, the lack of availability of or access to medical attention or the quality thereof, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely. Further, you release Borton
Overseas from its own negligence and assume all risk thereof.
Borton Overseas has no special or unique knowledge regarding the financial condition of the suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful informationregarding your destination, we strongly recommend reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel.
If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for your own hotel, transfers, and meal costs. The right is reserved to decline to accept as a program participant, or remove from a program, without refund, any person judged to be incapable of meeting the rigors and requirements of participating
in the activities, or who is abusive to other program participants, leaders or third parties, or determined to detract from the enjoyment of the program by others. Specific room assignments are within the sole discretion of the lodge or hotel.
9. CANCELLATIONS AND POSTPONEMENTS BY BORTON OVERSEAS:
Borton Overseas reservesthe right to change the itinerary, the lodges or hotels utilized or any program features at any time and for any reason, with or without notice, and Borton Overseas shall not be liable for any loss of any kind as a result of any such changes. Borton Overseas may cancel or postpone a program (or an option)
for any reason. Seasonal changes (for example, from low to high season) may result in higher prices. In any event, for cancellations (or
postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits, but only to the extent its suppliers are crediting Borton Overseas with those monies paid by Borton Overseas to them. Borton Overseas cannot refund the cost of any purchased travel insurance, you will need to contact the insurance provider directly to request a refund. Borton Overseas is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Borton Overseas reserves the right to substitute lodges, hotels, vessels, or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.
10. FORCE MAJEURE:
Borton Overseas assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the trip, acts of God, acts or orders of government, epidemics/pandemics, war, terrorist acts, riots, disaster, weather events, or strikes.
11. MEDICAL PROXY:
If you are unable to authorize your own medical attention and treatment, you authorize Borton Overseas or its subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release Borton Overseasfrom any liability for medical attention arranged or not arranged on your behalf. Borton Overseas assumes no liability regarding provision of medical care or evacuation services.
12. CHANGES:
If special circumstances require a change of this Agreement, this will be advised accordingly in writing.
13. BINDING ARBITRATION: Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature
concerning the trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C.
Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to
the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Minnesota law and will take place in Minneapolis, Minnesota. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Borton Overseas are waiving the right to a trial by jury. Any arbitration commenced against Borton Overseas must be on behalf of only the signatory to this Agreement and his or her immediate family members who traveled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
14. COUNTERPARTS; ELECTRONIC SIGNATURE. This document and any amendments, waivers, consents, or supplements hereto
may be executed in counterparts, each of which shall constitute an original, but all of which taken together shall constitute a single
contract. Delivery of an executed counterpart of a signature page to this document by facsimile or in electronic (“pdf” or “tif”) format
shall be as effective as delivery of a manually executed counterpart of this document. In this document, terms like "execution,"
"signed," and "signature" encompass electronic and digital signatures, as well as electronic records 2000 (e.g., www.docusign.com).
These hold the same effect, validity, and enforceability as manual signatures and paper records, to the extent and as provided for
under applicable law, including the Electronic Signatures in Global and National Commerce Act of 2000 (15 U.S.C. § 7001 et seq.), and
similar state laws modeled after the Uniform Electronic Transactions Act or the U.S. federal ESIGN Act.
