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This section applies only to situations in which the Tour Organizer is responsible for making payments to Gerber Tours on Participants’ behalf. If Participants are invoiced individually by Gerber Tours, please refer to the Terms & Conditions, Release of Liability and Arbitration Agreement during your online registration for cancellation and refund policies.
Gerber Tours requires an initial, non-refundable Tour Planning Fee/Booking Deposit as specified in the Tour Agreement and/or on your invoice. The Tour Agreement will provide you with a schedule for when additional deposits are due in our office
a. Domestic Tour Cancellations
. Cancellation of this tour prior to 60 days of departure will be refunded in full, except for any amounts paid to suppliers to confirm your group’s reservations and the Non-refundable Tour Planning Fee/Booking Deposit as specified in the Tour Agreement and/or on your invoice.
Cancellations occurring within 60-15 days of departure will be assessed late cancellation fees of 20% of the Tour Cost, the Non-refundable Tour Planning Fee/ Booking Deposit as specified in your Tour Agreement and any amounts paid to suppliers to confirm your reservations. All such cancellation charges are liquidated damages and not a penalty. Cancellations occurring within 14 days of departure will receive no refunds.
b. International Tour Cancellations
Cancellation of this tour prior to 120 days of departure will be refunded in full, except for any non-refundable supplier contracted fees and charges and the Non-refundable Tour Planning Fee/Booking Deposit as specified in the Payments & Deadlines Schedule of your Tour Agreement.
Cancellation of this tour occurring within 120-46 days of departure will be subject to cancellation fees of 20% of the Tour Cost, the Non- refundable Tour Planning Fee/Booking Deposit as specified in the Payments & Deadlines Schedule of your Tour Agreement and any non-refundable amounts paid to suppliers to confirm Group’s reservations.
Cancellations occurring within 45 days of departure will receive no refunds.
Gerber Tours complies with all applicable state seller of travel law and has registered as follows:
Arizona: Exemption as an ARC Travel Agency #33515285
California: (CST #2021080-40) Registration as a seller of travel
does not constitute approval by the state of
California. California law requires certain sellers of travel to have a trust
account or bond. This business has a trust account.
Florida: Exemption as an ARC travel agency #33515285
Hawaii: Travel Agency Registration TAR6263
Iowa: Travel Agency #538 Nevada: Travel Agency Registration
Oregon: Registry #313609-93
Washington: Seller of Travel Reg. #602 052 263
Gerber Tours, Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively, Gerber) does not own, operate or control any person or entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline, vessel or other transportation companies, guides or guide services, local ground operators, entertainment or sightseeing operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, Gerber is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
Without limitation, Gerber is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services resulting from, but not limited to, acts of government, acts of God or force majeure, war, civil unrest, insurrection, strikes or other labor activities, criminal conduct, threatened or actual terrorist activities, financial or other defaults by suppliers, lost or stolen belongings, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, vehicular incidents, dangers associated with or bites from animals, pests or insects, sanitation problems, food poisoning, lack of or quality of medical care, illness or disease, epidemics or the threat thereof, difficulty in evacuation in case of a medical or other emergency, or for any other cause beyond the direct control of Gerber. Under no circumstances is Gerber obligated to refund the cost of any purchased travel insurance. Gerber is not required to cancel any trip 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.
Changes in hotel or itinerary may be made at the discretion of Gerber or your local ground operator as it or they deem necessary or desirable. Trip participants are solely responsible for securing their own passports, visas, medical inoculations, reviewing State Department advisories at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/, Centers for Disease Control warnings at https://wwwnc.cdc.gov/travel/destinations/list and other advisories or warnings, etc. Under no circumstances is Gerber obligated to refund the cost of any purchased travel insurance. Gerber is not required to cancel any trip 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.
Gerber reserves the right to decline to accept or retain any person as a member of any trip. Participants are expected to exercise sound judgment, caution and respect for people, places and things while on the trip and to be attentive and responsive to the guidelines set forth by the trip leader(s) and Gerber. Failure to do so, in the judgment of Gerber, may result in the participant being removed from the tour at his or her own expense with no refund forthcoming. Gerber reserves the right to cancel any trip with its sole obligation except as detailed in the cancellations due to governmental action or impossibility of performance paragraph to refund all monies received by it for the trip. These terms and conditions can be changed only by a writing signed by an officer of Gerber and they are applicable to any postponed or transferred trip, except that the dates referenced in the Standard Cancellation Policy will relate to the originally scheduled departure dates.
Cancellations due to Governmental Action or Impossibility of Performance: In the event a trip is cancelled or postponed due to the actions of any governmental or civil authority, school or school district, or a cancellation is caused for any other reason beyond the control of Gerber, tour participants will be entitled to a refund of monies paid less the non-refundable booking deposit and any non-recoverable expenses prepaid or incurred by Gerber.
Cancellations by Gerber: Gerber reserves the right to cancel or postpone any trip, and except as provided in and specifically limited by this Cancellations due to Governmental Action or Impossibility of Performance paragraph, its sole obligation is to refund all moneys received by it for any trip it cancels.
Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Mineola, NY. 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, you (and we) are waiving our right to a trial by jury. Any arbitration commenced against Gerber must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.