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Terms and Conditions
Tour Prices
Call or email for free, no obligation quotations. The cost of all tours is quoted
per person, based on group size and the customized features of your tour. Tour
prices will be affected by choice of hotel and the mode of transportation selected.
Quoted prices are accurate during the effective dates of this brochure as long
as availability of the tour elements exist.
Booking
Inform your Gerber Tours Account Rep that you are ready to book and we will
provide you with promotional materials (including posters, parent brochures
and registration forms) and a Tour Agreement. To confirm your reservations Gerber
Tours must receive the non-refundable booking deposit per person, completed
registration forms for all participants and a signed Tour Agreement by the date
indicated in your Agreement (usually 30 days from the date you received the
materials).
Deposits and Cancellations
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 Registration Forms
for cancellation and refund policies. The Tour Agreement will provide you with
a schedule for when additional deposits are due in our office. Additional deposits
are fully refundable up to 60 days prior to departure except for any amounts
paid to suppliers to confirm your group’s reservations. Cancellations
occurring within 60-15 days of departure will be assessed late cancellation
fees of 20% of the Tour Cost, the non-refundable 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.
Final Payment
Final Payment and your rooming list are due in our office 60 days prior to departure
date. Upon their receipt, final documents will be processed and then forwarded
approximately 7-14 days ahead of departure. Late payments will be assessed penalty
fees.
Insurance Protection
Gerber Tours provides Primary Medical Insurance coverage for Accident, Dental
Injury or Illness for all tour participants during travel – terms and conditions
apply.
Seller of Travel Laws
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
2005-0134
Oregon: Registry #313609-93
Washington: Seller of Travel Reg. #602 052 263
Responsibility
Gerber Tours, Inc., its employees, shareholders, subsidiaries, affiliates, officers,
directors, successors, agents, and assigns (collectively, "Gerber Tours")
does not own or operate any 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,
providers or organizers of optional excursions, food service providers, etc.
All such persons and entities are independent contractors. As a result, Gerber
Tours is not liable for any negligent or willful act or failure to act of any
such person or entity, or of any third party
Without limitation, Gerber
Tours 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 whether occasioned by or resulting from, but not limited to, acts
of God or force majeure, acts of war or civil unrest, insurrection or revolt,
strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof,
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, dangers associated
with animals, 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 Tours.
Changes in hotels or itinerary
may be made at the discretion of Gerber Tours or your local ground operator
as it or they deem necessary or desirable.
Gerber Tours reserves the
right to decline to accept or retain any person as a member of any trip. Gerber
Tours reserves the right to cancel any trip with its sole obligation to refund
all monies received by it for the trip. Gerber Tours reserves the right to increase
the tour cost if cost of the tour elements go up. Trip participants are solely
responsible for securing their own passports, visas, medical inoculations, etc.
These terms and conditions can be changed only pursuant to a writing signed
by an officer of Gerber Tours.
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 Tours, tour participants will be entitled to a refund of monies paid less non-recoverable expenses prepaid or incurred by Gerber Tours and the non-refundable booking deposit.
Arbitration
Any controversy or claim arising out of or relating in any way to these Terms
and Conditions, to the tour agreement, to the brochure, or any other information
relating in any way to the trip, or to the trip itself, shall be settled solely
and exclusively by binding arbitration in New York City, New York in accordance
with the commercial rules of the American Arbitration Association then existent.
In any such arbitration the substantive (but not procedural) law of New York
will apply. In any such arbitration the substantive (but not procedural) law of New York will apply.
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.
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