TERMS AND CONDITIONS
PLEASE READ CAREFULLY
The purchase of any travel services offered by portertours.com, constitutes a contractual arrangement between you and portertours.com, and represents your acceptance of the portertours.com Terms & Conditions set out herein. Please ensure that you read carefully and understand these Terms & Conditions prior to booking. You are advised to check on the Web sites or to request the latest version of the Terms & Conditions from your Travel Agent or portertours.com prior to booking your vacation.
WE STRONGLY RECOMMEND TRIP AND CANCELLATION INSURANCE
Trip Cancellation and Interruption insurance:
Pays for forfeited, non-refundable, unused payments or deposits if due to:
* Sickness, injury, or death of you, your Family Member, Traveling Companion, or Business Partner.
Cancellation due to an injury or Sickness of a Family Member must be because their condition is life-threatening, or because the Family Member requires your or a Traveling Companion`s care;
To see more information contact your travel insurance provider or Sandy at Deseret Travel if insurance was acquired through Deseret Travel at 480-839-1855.
Participants are not eligible for any compensation or reimbursement if they have failed to purchase adequate travel insurance to cover all costs.
Important Travel Notices, Terms and Conditions
TRAVEL HOST/EDUCATOR TRAVEL REPLACEMENT EXCEPTION:
Should the planned and/or advertised host/educator not be able to travel on the tour/cruise due to sickness, injury, hospitalization or death, portertours.com reserves the right to select and replace the host/educator and to continue the trip itinerary as planned and is not liable to its clients/passengers for compensation or refund of the trip for this change under any circumstance.
The deposit is refundable FOR 72 HOURS after signing up. It then becomes non-refundable.
All subsequent monies paid towards the event are non-refundable. However, any funds paid, including the deposit may be transferred or applied to a scheduled tour at a later date. There will be a processing and rebooking fee of $100.00 per person.
All cancellations must be provided in writing via post or email to "email@example.com from the booked individual(s) that are canceling. In addition, the cancellation will only be effective from the date it is received at our office.
Porter Tours, 22780 S 221st Pl. Queen Creek, AZ 85142
Participants need to follow the payment schedule associated with their event to ensure that they avoid cancellation of their reservation.
Deposit & Final Payment:
A non-refundable, non-transferable land deposit per person per vacation is required for portertours.com to reserve space for you, with some limited exceptions as noted below. Portertours.com accepts checks, money orders, Visa, MasterCard, Discover/Novus, and American Express. Your booking is not confirmed and payment is not deemed made until the deposit is received by portertours.com and you receive a confirmation invoice. Your reservation will be automatically canceled if deposit is not received by portertours.com by the deposit due date. On certain departures, deposits may be required at time of booking to hold or to confirm space for you. Payment of the deposit indicates you have read and accepted these Terms and Conditions.
Please review and verify your booking invoice thoroughly and contact portertours.com immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. portertours.com cannot accept responsibility if we are not notified of inaccuracies within 3 days of receipt of the invoice. In the case of billing errors, portertours.com reserves the right to re-invoice you with correct pricing.
Final payment for your vacation is due 90 days prior to commencement of services unless otherwise noted on the payment schedule. If final payment is not received by the due date, your reservation will be canceled and your full deposit, including Travel Protection payments and any air deposits or Instant Purchase Air purchases (including applicable fees), will be retained by portertours.com. Portertours.com is not responsible for canceled land and/or air reservations in the event payment is not received by the final payment date. Payment in full is required at time of booking for reservations made within the final payment date of your vacation (in most cases, within 90 days of departure
portertours.com air options: Flex-Air and Instant Purchase Air. Flex-Air allows flexibility if you want to make changes to your vacation schedule. Instant Purchase Air may offer additional airline options but has more restrictions. Some vacations may only offer one Air type option.
Air-Inclusive Vacation Deposits and Final Payment:
The following additional payments are required for International or domestic air added to the start and/or end of your vacation and/or for Intra-vacation air as specified in the itinerary. International or domestic air and/or Intra-vacation air price quotes will show how much of your total trip cost is made up of government-imposed taxes and fees applicable at the time of booking. Air pricing is guaranteed upon receipt of full land plus air deposit or land plus full airfare price depending on type of airfare purchased (Flex-Air or Instant Purchase Air).
Flex-Air: An additional, non-refundable $300 air deposit is required for Flex-Air booked in conjunction with a portertours.com vacation. Applicable land deposit as above is also required at time of booking.
Instant Purchase Air: Full air payment plus a $30 (North America) and $50 (International) service fee is required, and will be included in the quote, at time of booking for Instant Purchase Air booked in conjunction with a portertours.com vacation. Applicable land deposit as above also required at time of booking.
Intra-vacation air: An additional $250 per person, non-refundable air deposit is required for packages with Intra-vacation air as noted in the itinerary. Applicable land and Flex-Air deposits or Instant Purchase Air full payments as above are also required at time of booking.
Airfare prices include all taxes, fees and fuel surcharges though may be broken out into separate invoice line items. These taxes and fees include:
· September 11th Security Fee up to $10 per person
· Passenger facility charges up to $18 per person
· Federal domestic flight segment fees up to $3.70 per segment
· All U.S. and International arrival and departure and other government-imposed fees added by the airlines and applicable at the time of booking.
Portertours.com reserves the right to cancel or reschedule any vacation departure for any reason, including insufficient demand or force majeure. If a vacation is canceled prior to departure, portertours.com only responsibility will be to refund the amount received for the reservation. portertours.com will try to re-book the same vacation with a different departure date, or a similar vacation but there is no guarantee of availability of offering. For air-inclusive vacations, portertours.com will try to confirm air schedules for the selected new dates, subject to availability. portertours.com cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through portertours.com.
Revisions and Revision Fees:
In addition to any airline-imposed change fees, a fee of $30 per transaction will be charged by portertours.com air booking agent for any alteration or revision made to a reservation after deposit or payment is received. Any revision to a booking, including but not limited to flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare which will be payable by you. In many instances for Flex-Air purchases airline revision or change fees are up to $300, but in some instances may be up to 100% of the ticket price. Instant Purchase Air and associated service fees are non-refundable and non-changeable after 24-hours from purchase thus alterations or revisions to a booking with Instant Purchase Air will require new air to be purchased and is subject to full payment as above.
Intra-vacation air and hotel penalties may also apply to alternations or revisions to a booking and may be up to 100% of the full price. A change of traveler name, vacation date, or itinerary within final payment will be treated as a full cancellation and new reservation; vacation and airfare cancellation fees (as above) may apply.
Airfare may be purchased through portertours.com air booking agent for travel originating from the United States. All carriers are independent operators and are not owned, managed or operated by portertours.com nor its air booking agent. Your airline ticket is a contract between you and the air carrier only, even if you purchase through portertours.com air booking agent. By purchasing your air services through portertours.com air booking agent you waive all liability for portertours.com for such air services.
Portertours.com or its air booking agent is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through portertours.com booking agent, we will try to assist in making new arrangements providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements including amendments to return services. Please be aware airline fees often apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by portertours.com nor its air booking agent for portions of trips missed due to canceled, rescheduled or delayed flights after airport check-in, nor is portertours.com nor its air booking agent responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
For air purchased through portertours.com air booking agent, if any air schedule requires an overnight stay in a gateway city, portertours.com’ air booking agent can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense. Air routing are subject to availability. Routings are not guaranteed and are subject to change at any time.
If you make your own flight arrangements, portertours.com nor its Air booking agent will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.
Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, portertours.com will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes full name, date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as information is required for ticketing. Re-booking lost airfare is subject to schedule availability at time of re-booking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you. TSA information is required at time of booking for Instant Purchase Air.
Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. For more information about aircraft disinfection requirements and a list of countries requiring disinfection of in-bound flights, please visit http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
Frequent Flyer Reward Programs:
Please note that Frequent Flyer mileage accrual is at the discretion of the airline(s) and is not always granted for airfare purchased through portertours.com Air Booking Agent. You will need to contact the airline(s) directly for information on Frequent Flyer Programs and any applicable reward mile accrual. portertours.com cannot assist with this process. Cancellation penalties, as noted above, will apply to all airfare, regardless of accrual grants. Please take this into consideration before purchasing airfare.
For the benefit of everyone on your vacation, portertours.com reserves the right to accept or reject any vacation participant and to remove any participant whose conduct is deemed incompatible with the interests of the other participants. portertours.com will not refund or cover any cost or expenses incurred for termination of vacation arrangements due to unacceptable behavior. All Tour Directors, Local Hosts, Local Guides, and ship crew speak English and all vacation commentary is conducted in English only. For maximum enjoyment and understanding, you should be able to read and speak English.
Travelers Who Need Special Assistance On Tours and/or Cruises:
You must report any disability requiring special attention while on tour or on cruise to portertours.com at the time the reservation is made. portertours.com will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. portertours.com cannot provide individual assistance to a vacation participant for walking, dining, getting on and off motor-coaches, cruise ships and other vehicles, or other personal needs. portertours.com strongly recommends a qualified and physically able companion must accompany travelers who need such assistance. All travelers with portertours.com are subject to the Participation clause above.
Not all sightseeing stops/sites accommodate wheelchairs and some locations and sightseeing activities require extensive standing, sitting or walking, sometimes on unpaved or cobblestone streets. portertours.com is not responsible for any missed activities due to a participant's inability to participate with the group. The Americans with Disabilities Act is only applicable within the United States and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring motor-coaches and cruise ships, are not equipped with wheelchair ramps. Motorized scooters are not typically suitable on international tours. With prior permission and waivers, we will attempt to accommodate motorized scooters on domestic vacations, depending on the suitability of the itinerary.
Although some of our ships have elevators, many of our small ships (e.g., river cruise vessels) do not. Passengers requiring ship elevators should inquire before making reservations. Additionally, most stateroom doors and restrooms are not wide enough to allow access by standard wheelchairs, and bathrooms and other doorways may be fitted with coamings. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor.
Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the vacation and are requested to share an adult's accommodation. On vacations that include an Alaskan or Hawaiian cruise, or on any vacation with an overnight stay in Las Vegas, at least one member of the traveling party must be 21 years of age or older. Children under 8 years of age are not recommended on portertours.com vacations.
Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
Smoking is not allowed on transportation that is exclusively provided by portertours.com. On cruise ships, smoking is restricted to certain areas of the vessel. On European river cruise ships, smoking is allowed only on the vessels' outside decks where ashtrays are available. Many hotels in North America have imposed a 100% non-smoking policy and many cities have imposed non-smoking regulations in public spaces. As a standard rule, portertours.com confirms non-smoking hotel rooms. If you require a smoking room a request may be submitted, but we cannot guarantee availability.
All vacation prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare except where noted on specific itineraries. Vacation prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions or pricing are listed where applicable. Not all accommodation types are available on all vacations.
Prices are subject to increase without notice, subject to the guarantees set forth below.
Once portertours.com has received your full land deposit for any land vacation that land vacation price is guaranteed and you are protected against any land price increase due to currency surcharge. Any subsequent land cost increases are at portertours.com expense, not including energy cost increases and/or any government tax increases.
Pricing for air-inclusive vacations, including those with Intra-vacation air, are guaranteed when portertours.com has received your full land plus air deposits and/or full air payment as noted above. portertours.com reserves the right to ticket Flex-Air bookings, and vacations with Intra-vacation air, upon receipt of full land and air deposits thus any subsequent revisions made at your request are subject to airline-imposed change fees, cancellation fees and/or changes in airfare price, which are your responsibility to pay. Instant Purchase Air is ticketed upon receipt of full air payment and thus full cancellation fees as noted above apply. International air is only available to passengers traveling from the United States and only available when booked in conjunction with a land vacation.
Visas' & Passports:
You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. Visa and entry documents must be obtained independently. Non-U.S. citizens must consult with appropriate consulates to determine if any visas are needed. portertours.com is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and portertours.com cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements. All passengers traveling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. Multiple-entry visas are required for some vacations. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more.
Some government agencies in foreign countries require portertours.com to collect and pass on certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details as requested fully and accurately, your trip may be interrupted or cancelled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
Hotels, Accommodations & Transportation:
The hotels listed on this website are intended to be used; however hotels are not guaranteed. portertours.com reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality, when available, to those shown. No refunds are provided for hotel changes; full cancellation penalties as noted above apply.
Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples. Please note that check-in times vary worldwide; portertours.com cannot control or guarantee check-in times.
In the rare event that included train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate and may be subject to change.
Please be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Due to limited motor-coach capacity, your single bag should have dimensions not exceeding 30"x21"x11" and weight not exceeding 50lbs (22kg). We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any vacation. Some vacations have more restrictive regulations than listed above. Please refer to your Travel Documents for more information.
Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination, and are becoming more restrictive. While making a booking online you will be provided with baggage fee information. After booking, up-to-date information on carrier specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information that additional discounts may apply depending on flyer-specific factors (.e.g. frequent flyer status, military, credit card used for purchase or early purchase over the internet, etc.) can be found on the carrier's website or by accessing www.iflybags.com. Please read this information carefully as portertours.com is not responsible for additional fees imposed by air carriers for baggage and these fees are not included in the airfare or the vacation package price. You will be required to pay these fees directly to the airline at check-in. Regulations within most airports require that travelers handle their own luggage through customs. No responsibility is accepted by portertours.com for loss of or damage to baggage or any of the traveler's belongings throughout the duration of the vacation. Baggage insurance is recommended. See the portertours.com Web site for an all-inclusive Travel Protection Plan.
Carry-on bags should not exceed the dimensions of 12"x11"x6". For safety reasons, wheeled carry-on bags are not suitable as hand luggage on motor-coaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motor-coaches and other transportation.
Passenger Travel Documents, including e-ticket itineraries, are sent by email approximately 2-3 weeks prior to departure.
Gratuities are included for services during the land stay of your vacation. This includes wait staff at included meals, hospitality staff at hotels for nights purchased through Globus, and porterage at hotels for one suitcase per person. Gratuities for your Tour or Cruise Director, Local Hosts, Local Guides, Tour Driver, and ship's crew are not included in the vacation price and are discretionary.
Not Included in the Land Vacation Price (including when air is not purchased through portertours.com):
The following charges are not included in the land vacation price: airfare to and from the start of your vacation; Intra-vacation air unless specified in the itinerary; airline baggage fees including checked and/or excess baggage fees; Federal inspection fees for the Federal U.S. Customs and Immigration; International Air Transportation tax; agricultural tax; other per person taxes imposed by government entities; airport taxes and fees including the September 11th Security fee up to $10 per person, passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $3.70 per segment, and U.S. and International arrival and departure and other government-imposed added by the airline and applicable at time of booking; port taxes; passports; visas and vaccinations; tips to your Tour or Cruise Director, Local Host, driver, Local Guides, and/or ship's crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted portertours.com menu as presented at a hotel or restaurant or on-board your vessel (these extra items will be billed to you before leaving the hotel, ship, or restaurant); airport transfers on non-qualifying flights; optional excursions; porterage at airports and train stations; Travel Protection; and all other items of a personal nature.
Some countries require international travelers to pay entry and/or exit fees at the airport. These fees will be collected by the local government and are payable by the traveler at time of travel. Your confirmation booking information will contain information about these fees. If you would like more information prior to booking, please contact your Travel Consultant.
Please note that any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved or for voluntary modifications made by the traveler.
Service Inquiries After the Vacation:
As it is difficult and sometimes impossible to properly investigate a complaint if portertours.com is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause.
After returning from your vacation, if you wish to inquire about any services provided, please ensure that all correspondence relating to those services is received by portertours.com.
Any complaint or claim involving the vacation services offered in this brochure must be notified to portertours.com within 30 days of the vacation completion, except where such time limitations are prohibited by law.
Any complaint or claim involving the vacation services offered on this web site, involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the vacation participant, must be notified to portertours.com while on vacation or within 30 days of the vacation completion, except where such time limitations are prohibited by law.
During local or national holidays or special events, peek seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. portertours.com cannot be held responsible for any closures, necessary itinerary changes or curtails for any reason.
Christmas Market Vacations:
Please note that Christmas markets generally close around the third week of December.
Please be aware that during your participation in vacations operated by portertours.com, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. portertours.com will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While portertours.com will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a vacation and/or optional excursions you agree that you will hold portertours.com harmless regarding any provision of medical care or the adequacy of any care rendered. portertours.com is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold portertours.com harmless for such.
Photographs or Pictures:
Photographs or pictures appearing on this web site should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the vacation pages are current at the time of printing and may not reflect the actual routing should the itinerary change.
Optional Excursions & Activities:
Optional activities and excursions ("the Services") available for booking are provided by local operators or other third parties that are entirely independent of portertours.com and do not form any part of the product or services sold to you by portertours.com or of these Terms & Conditions, even where portertours.com suggests particular operators/other third parties and/or assists you in booking such optional activities or excursions. Your contract for such Services will be with the organizer or operator of that Service and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. portertours.com has no liability for any such optional activity or excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional activity or excursion.
Any advice or assistance on or with any Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by portertours.com or that any such advice or assistance is given on behalf of portertours.com. Vacation participants are asked to check with the operator of any optional activity or excursion and the applicable Terms & Conditions before booking.
For operational reasons, not all optional excursions listed in the tour itinerary, published online or in travel documents may be available during your vacation. Your Tour Director will advise of availability while on tour.
Excursions purchased in advance of travel at portertours.com are non-refundable.
The SeerstoneLLC, is an independent company ("the Company") licensed to market and distribute travel products under the portertours.com brand name, and arrange for the vacation services offered on this web site, including transportation, sightseeing, and accommodations through independent contracts.
Air carriers, accommodations, and other suppliers (including but not limited to trains, cruises, ferries, motor-coaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint ventures of the Company or its affiliates. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.
The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier's liability to passengers (vacation participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, the Company's maximum liability is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.
After departure, if the services included in the vacation cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of vacation participants, and any resulting savings will be refunded by the Company to vacation participants.
The Company reserves the right to accept or reject any person as a vacation participant; to expel any participant from the vacation; to make changes in the itinerary whenever the Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a vacation at any time.
The vacation participant agrees that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection Plan, or any other person.
Any dispute between the vacation participant and the Company directly or indirectly relating to the Terms & Conditions shall be first submitted to mediation at Queen Creek AZ, before a mediator mutually agreed to by the parties. If mediation is not successful, the dispute must be resolved by binding arbitration under Arizona law before the Judicial Arbiter Group or its successor.. The prevailing party shall be entitled to an award of costs and reasonable attorneys' fees. Any action to enforce the arbitrator's decision shall be brought in the state or federal courts in the State of Colorado.
Arbitration against the Company must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
No person, other than an authorized representative of the Company by a document in writing, is authorized to vary, add, or waive any term or condition on its Web site, including any term or condition set forth in the preceding provisions.
For portertours.com Internet World Wide Web Sites Related to Travel
portertours.com company, its subsidiaries and affiliates ("portertours.com") require that all the visitors to our site(s) on the World Wide Web that provide travel related products, services and content (the "Travel Site") adhere to the following terms and conditions. By accessing the Travel Site, you indicate your acknowledgment and acceptance of these notices, terms and conditions.
1. THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Travel Site are provided by third parties, including, but not limited to, Suppliers as defined below (collectively, "Service Providers"). In addition, certain software and data found on the Travel Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and portertours.com or any Service Provider as a result of your use of our travel services, including the Travel Site. In our role as a travel agent and provider of the Travel Site, portertours.com acts as an independent contractor. portertours.com assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability, your preferences and, if applicable, any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
3. USE OF THE TRAVEL SITE
You may only use the Travel Site to make legitimate reservations or purchases and shall not use the Travel Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Travel Site, (b) deep link to any portion of the Travel Site, without the prior written permission of portertours.com, or (c) use the Travel Site in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, the Travel Site in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Travel Site from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Travel Site in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless portertours.com and the Service Providers for any breach of this "Use of Travel Site" section.
4. TERMS OF PURCHASE
Please note that separate terms and conditions dictated by the applicable supplier and/or Service Provider will apply to your reservation and purchase of products and services on the Travel Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's and/or Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier's and/or Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) portertours.com debiting your account for any costs portertours.com incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Travel Site.
5. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Travel Site and to create binding legal obligations for any liability you may incur as a result of the use of the Travel Site. You agree to supervise all use of the Travel Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Travel Site is true and correct. You understand that you are financially responsible for all uses of the Travel Site by you and those using your name or account.
6. NO WARRANTIES
PORTERTOURS.COM, AND THE SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE TRAVEL SITE AND/OR ANY MATERIALS PROVIDED ON THE TRAVEL SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. PORTERTOURS.COM AND THE SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE TRAVEL SITE (MUCH OF WHICH IS PROVIDED BY SUPPLIERS) AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER PORTERTOURS.COM/SEERSTONE LLC NOR ANY SERVICE PROVIDER WARRANTS THAT THE TRAVEL SITE, ITS SERVERS OR ANY E-MAIL SENT FROM PORTERTOURS.COM/SEERSTONE LLC OR ANY SERVICE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
7. DISCLAIMER REGARDING SUPPLIERS
THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THE TRAVEL SITE ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF PORTERTOURS.COM/SEERSTONE LLC. PORTERTOURS.COM/SEERSTONE LLC ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PORTERTOURS.COM SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND PORTERTOURS.COM/SEERSTONE LLC HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT PORTERTOURS.COM/SEERSTONE LLC INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN PORTERTOURS.COM IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
8. LIMITATION OF LIABILITY
Portertours.COM AND THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE TRAVEL SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE TRAVEL SITE. IN NO EVENT SHALL PORTERTOURS.COM/SEERSTONE LLC OR ANY SERVICE PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE TRAVEL SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE TRAVEL SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY PORTERTOURS.COM OR ANY SERVICE PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW SUCH LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, portertours.com or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Travel Site or its content, the liability of each of portertours.com and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Travel Site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to portertours.com and without any liability whatsoever, portertours.com at any time and without notice may terminate or restrict your access to any component of the Travel Site.
9. TRAVEL TO CERTAIN DESTINATIONS
While most travel - domestic and international - is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. portertours.com urges users of the Travel Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov,www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER PORTERTOURS.COM, AFFILIATES, NOR ANY SERVICE PROVIDER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND NEITHER PORTERTOURS.COM NOR ANY SERVICE PROVIDER IS LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
10. TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing portertours.com with any personal information through the Travel Site for the purpose of registering on the Travel Site, or reserving or purchasing products or services, you consent to portertours.com sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Statement.
You shall defend and indemnify portertours.com and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the Travel Site.
Portertours.com and/or Service Providers may at any time modify (a) the Travel Site, including eliminating or discontinuing any content on or feature of the Travel Site, (b) any fees or charges for use of the Travel Site, and (c) these terms and conditions. Your continued use of the Travel Site will be conditioned upon the terms and conditions in force at the time of your use.