TGW Terms and Conditions:
TGW Travel Group, Inc. DBA “Tours Gone Wild” as will collectively be referred as (TGW) 6538 Collins AveSte 370, Miami Beach, FL 33141 arranged the vacations advertised on this website. The Participant(s) acknowledge receiving and agreeing to these terms and conditions as set forth below covering the vacation operated by TGW. TGW reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
Article 1.1: TRAVEL DOCUMENTATION AND VISAS: All travelers are required to carry proper documentation of citizenship and are responsible to obtain proper travel documentation to enter the country of the tours TGW provided services to ,as well as relevant transiting countries along the way. (i.e. a valid Passport and possibly visas. ). Foreign nationals must consult their local consulates for entry requirements as these vary greatly depending on the country they are visiting and transiting through.
Article 1.2: Travel entry requirements and documentation are subject to change without notice and entirely the responsibility of the traveler. No refunds will be issued for passengers who are denied boarding or for unused/cancelled hotels or packages/tours for failure to obtain proper Visa/Immunization documentation in a timely manner to enter the destination country or board the aircraft. TGW Travel is not responsible in any way for passengers who fail to obtain Visas , Passports or any additional type of documentation, and will not be held liable or accountable for any refunds or cancellations or change fees/penalties of any sort (including but not limited to flight price changes, hotel rate changes etc) in such event.
Additionally visa/passport information on TGW’s website is subject to change and a general indication of what may or may not be needed for travel and is for general information purposes only. TGW in good faith updates this information on its website and provides clients as best as it can with travel documentation information on its site and through its representatives but cannot be held responsible or liable for any misinformation or for failure to update this information. TGW recommends that travelers check with the closest consulate of the country in which they are travelling to for up to the minute requirements and proper visa and other documentations.
Article 1.3: RESERVATIONS/PAYMENTS: A non-refundable payment/deposit of $1,000 or 50% of your total package price person (whichever is greater) is due to book your trip unless other arrangements have been made in writing with a company staff member. Full payment is due 50 days prior to departure. Payment of a deposit constitutes acceptance of the terms and conditions in this Tour Participation Agreement (TPA). Upon receipt of deposit, TGW will send confirmation/invoice to you.
Article 2 :LATE PAYMENTS: Accounts not paid in full by due date will be subject to a $100 late penalty. Accounts that are over 10 calendar days late will be automatically cancelled and subject to our Cancellation Policy outlined below. If a client wishes to re-instate an account he/she will be subject to the late fee of $100 as well as a $50 rebooking fee. The rebooking of the tour package will be subject to availability and any increase in price.
Article 3: CANCELLATIONS/REFUNDS/REBOOKINGS: Your right to a refund if you change or cancel your reservation is limited.
Air Portion (not applicable to Rio Carnival, Pamplona or New Year’s in Rio Packages):
Article 3.1: Airline tickets are Nonrefundable and Non-Transferable. Once airline tickets have been issued, which is normally within 24 hours of payment of deposit, they are 100% non-refundable. If a client wishes to cancel his/her ticket (up to 72 hours before departure time) the airline may give him/her a ticket good for one year on the same itinerary up to the face value of the ticket including taxes minus any cancellation fees. TGW will not be responsible for any fare differences. Cancellation fees (which typically range from $150 to $300)are applied above any air ticket cost. Cancellations must be in writing. TGW reserves the right to cancel any booking, or part of it, at any time as a result of force majeure or for reasons outside TGW’s control. No refunds will be made for unused travel services, nor is the price or value of unused travel services exchangeable for alternative arrangements.
Article 3.2 : Land Portion (not applicable to Rio Carnival , New Year’s Packages, Pamplona Packages):
- If your cancellation is made more than 60 days prior to departure, TGW will refund your non-air portion less 35% of the land package cost and any penalties charged to us by our suppliers.
- If your cancellation is made between 31 and 59 days prior to departure, TGW will refund your non-air portion less 55% of any land package costs and any penalties charged to us by our suppliers.
- If your cancellation is made less than 30 days prior to departure there will be NO refund for the non-air portion of your vacation.
Article 3.3: Land Portion (PAMPLONA PACKAGES)
- If your cancellation is made more than 120 days prior to departure, TGW will refund your non-air portion less $500 and any penalties charged to us by our suppliers.
- If your cancellation is made between 119 to 60 days prior to departure, TGW will refund your non-air portion less $900 and any penalties charged to us by our suppliers.
- If your cancellation is made less than 60 days prior to departure there will be NO refund for the non-air portion of your vacation.
Article 3.4 : NEW YEAR’S in RIO/RIO DE JANEIRO CARNIVAL PACKAGES: Packages for New Year’s & Rio de Janeiro Carnival are 100% non-refundable. ( including hotels, accommodation, transfers, carnival tickets, parties and all tours and excursions). Clients are strongly encouraged to purchase Trip Cancellation Insurance for these packages via our recommended travel insurance suppliers or any supplier of their choice.
Article 4.0 : REBOOKINGS: If a client cannot make a trip and would like to rebook, he/she would be subject to the above referenced cancellation policy. Any net proceeds of the land package as well as a credit for the flights (if applicable) will be applied for a future vacation with TGW. Flights on a new vacation must be made on the same carrier and subject to the carrier’s rules, rates, class of service and availability. All rebookings must be accepted in writing or via fax/email before any changes can be made. Clients who must rebook their package will be charged a $65 rebooking fee (per person). . Clients are also responsible for any fare/hotel price differences (if any) when rebooking another vacation.
Article 5: CREDIT CARD PAYMENTS : TGW accepts Visa/Mastercard/ AMEX and Discover. This is subject to change at any time. TGW does not accept third party credit cards from persons not travelling on the package without a “Third Party Credit Card Form” being faxed and sent to us verifying the charge and identifying the cardholder beforehand. Client agrees that any problem with his/her booking or tour must be made in writing within 10 calendar days prior to client’s return from his/her tour and will not challenge or dispute any credit card charge from TGW without first contacting us in writing to remedy the situation or clarify charge details or pending issues. These issues include, but are not limited to hotel or flight overbookings, airline schedule changes, failure to obtain proper entry documents, or hotels /apartment accommodations not living up to clients expectations.
TGW has 30 days to respond with a final resolution to the matter. In the event a client initiates a dispute/chargeback with his/her credit card company and the case is ruled against the company, client agrees and will be liable for full payment of any such charges back to TGW. Client agrees that failure to pay these charges back to TGW will result in legal action by TGW against the customer for the full amount PLUS any applicable court fees, processing fees, TGW attorney’s fees, bank fees, and any other damage, in relation to credit card chargebacks/or dispute. Client furthermore agrees that any such court hearing against the customer will be held in a court of law in Miami Beach, Florida, USA.
Article 6: CHANGES TO PACKAGES: Any changes to packages (flights/hotels etc) must be made through our Miami office prior to departure. Once a client begins a vacation with us he/she must make any airline ticket changes directly with the carrier he/she flew on at the local airport. Any changes to the land portion of the vacation must be made through TGW’s Miami office during regular business hours. TGW is not responsible for any price difference etc to land packages made directly with hotels/other suppliers.
Article 6.1: Guaranteed Departures/Tours : Certain packages may have a minimum number of clients threshold in order to operate. In the rare event that a tour is cancelled by TGW , TGW will try to re-accommodate clients on a similar tour or make alternate arrangements for travel. If these arrangements are not suitable for the client, TGW will refund the full cost of their land package purchased with us. TGW will notify the client via electronic communication 30 days before any tour in the case it will not be operating.
Article 6.1.2 : Number of participants: Tour numbers vary widely from year to year. TGW cannot guarantee a minimum of participants on any given tour, and also conversely reserves the right to NOT limit or cap the number of participants at its sole discretion and/or break up its participants into several “sub groups” in the case of larger tours. Any tour number estimates on the company’s website (if applicable) or email communications or pictures or videos from past tours are strictly for general informational purposes only and are not a guarantee that a tour will be of a particular size, or group make-up of a specific country of origin, ages, ratio of men to women, etc.
Article 6.2 : EVENT TICKETS: TGW may in certain packages include or sell individual event tickets to certain special events. In compliance with Florida law, TGW will reimburse the client for the full price of the ticket if
- The event is cancelled
2) The client is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser;
3) The ticket is not delivered to the client in the manner requested and pursuant to any delivery guarantees made by the
TGW and such failure results in the client’s inability to attend the ticketed event.
TGW is NOT the issuer of said events and may obtain tickets through either the primary, or in some cases, the secondary market. Such event tickets may be obtained and thus sold at a significantly higher cost that the face value of the tickets they reflect the cost of obtaining premium seating. By purchasing tickets or packages that include tickets from our website you acknowledge acceptance of these terms
Article 7 : HOTEL ACCOMODATION: If Client experiences any problems with hotel accommodation booked by TGW Travel, he/she must promptly contact us in writing and let us know about the problem/incident in order for TGW to help remedy the situation or have the client switch hotels when available. It is the client’s responsibility to notify TGW in a timely manner (24 hours from the incident) and TGW will have 24 hours to help the client remedy the situation with the hotel. TGW does not own or operate any hotel and will not be held liable for any failure of the client in notifying the company of any problems nor for the hotel, room, property, or services not living up to client expectations. If a client abandons a hotel, TGW will not be responsible for providing a refund for any unused nights. TGW will act in good faith to help clients with any hotel problems or issues but ultimately will not be held liable or will not provide any refunds whatsoever for hotels not living up to client’s expectations, or other problems with hotels that TGW cannot control including room/hotel overbooking, additional guest issues ,lost stolen property, construction or noise around property, problems with fixtures,plumbing, air conditioning, common areas such as pools, Jacuzzis,gyms. etc
Article 8: APARTMENT ACCOMODATION: TGW TRAVEL GROUP, INC acts as an intermediary third party between clients and real estate brokers/apartment owners to facilitate the leasing/renting of properties and does not own or operate any said property. All clients who stay at private apartment/villa accommodations agree to the following: (1) Security Deposits may be required for apartments (typically $300 to $750 but can range up to $2000 or more depending on property) and are payable at check-in in cash in US$ dollars or local currency equivalent. Clients will be refunded their full deposit provided no damage occurs and apartment is returned in good condition and no fines have been issued by the building for infraction of their rules. TGW is not responsible in any way for non-refunded deposits due to damages or rule infractions caused by clients. Although all properties generally document a “pre-arrival” checklist /report on the property condition and apartment’s contents, TGW highly encourages clients to inspect rental properties thoroughly for any damage or problems during the check in process. (2) The photos and descriptions of the apartments on our sites, emails, contracts and other communications may be slightly different than the actual apartments when clients check in. This is due to the nature of apartments themselves. Owners may paint the walls & ceilings, may add new utilities to it, or remove them, or things get broken and are not replaced/fixed yet, bed linen & towels used for photos may be different from these you will find in the apartment, furniture can be replaced/upgraded s, changed or slightly damaged since time of original booking, etc. TGW will in good faith update apartment descriptions on its website in a timely manner, but cannot guarantee that apartments are 100% identical to pictures on our sites when arriving and is not liable for any apartment not being identical to any picture on its website or email communications. (3) If there are any problems with apartments or the building in general (including but not limited to noise, problems with fixtures, air conditioning, plumbing, water, internet, cable, indoor outdoor pools/Jacuzzis, commons areas, elevators in building, etc.) it is the client’s responsibility to notify TGW or the apartment supplier directly in a timely manner (within 24 hours of any incident) in WRITING or via email communication. TGW will not be liable for any problems with apartments and will do its best to remedy any problems that may occur in good faith with our suppliers. TGW will not be held liable for any failure of the client in notifying TGW in a timely manner, or our suppliers of any problems nor for the apartment not living up to client expectations or for loss of enjoyment or for things it cannot control or problems with such things including, but not limited to, utilities not working, power outages, internet outages, problems with common areas, pools, Jacuzzis, air conditioning, plumbing, electrical problems, etc). Additionally TGW must be given 24 hours in order to remedy any situation.(4) If a client abandons an apartment (leaves the apartment before the rental period terminates) TGW will not be responsible for providing a refund for any unused nights. (5) TGW will not be held responsible/liable for any activity that may occur on the premises nor for any lost/abandoned/left/stolen property, theft, vandalism, injury, death, physical harm, etc. (6) TGW will not be held responsible if the client is expelled from the building by landlords due to excessive noise, illegal activities, failure to pay fines,etc and will not be provided an alternative apartment nor refund of any kind. (7) Client understands and agrees that apartments are typically in large residential buildings and must abide by the rules of the specific condominium /building association and will be held responsible for any fines or infractions for any violations including but not limited to , fines by the association for large parties/excessive noise, inappropriate attire by clients or their guests, inappropriate or obscene/vulgar behavior or offensive /abusive language towards the building staff. (8) Some apartments may have contracts/ short term leases to sign upon check-in with property-specific rules. In the case where contracts/leases do exist clients must abide by these rules in order to check into the property. Failure to sign contracts/lease or not agreeing to these rules are grounds for expulsion or denial from checking into property and client agrees not to hold TGW liable in such an event. (9). In the event that an apartment is not available /sold/or uninhabitable due to reasons beyond our control, once a client has already booked the apartment with us, TGW will either (1) find a suitable or better apartment at NO cost to you . (2). Refund the full cost of the apartment. The client accepts that the maximum liablity for an apartment NOT being available at the time of check in is the full cost of the apartment rental . (10). Some apartments may charge electricity separately NOT included in the rate for the package booking with TGW. In these cases, clients will be notified beforehand of these charges. (10) Some apartments require a photocopy of passports/proper identification when checking in.
Article 9: FINAL TRIP DOCUMENTS: Final trip documents will e-mailed to you directly 5-10 business days prior to departure. Documents will not be released until everyone in your reservation is paid in full and TGW has received a singed Tour Participation Agreement from each passenger.
Article 10: PROCESSING: A signed “Tour Participation Agreement” from each passenger is required immediately from all passengers with payment in order to book a trip. Passengers may sign this form digitally by completing their purchase online. Processing and completing the checkout process online and acknowledging by “checkmark” that they have understood this agreement, constitutes a digital signature from clients and acceptance of this agreement and all terms and conditions herein. All clients who do not sign by a “digital signature” must send this signed form via fax or mail. TGW will not ticket or reserve any itinerary if this documentation is not received with payment and will not be responsible for any fare or price differences or hotel availability due to failure of clients to submit this agreement.
Article 11: PASSENGER INFORMATION: Passengers are responsible to ensure that TGW has the correctly spelled legal name (as it appears on the traveler’s passport), address, and all pertinent information for all passengers. (Middle names and initials not needed). Due to newly introduced security measures any name change including minor spelling corrections may require airline reservations to be cancelled and rebooked. TGW will not be responsible for any rebooking fees (up to $250 for some airlines) or denial of services due to name discrepancies.
Article 11.1 : Occupancy: All rates quoted are based on tariffs at time of printing, and are subject to change. Prices are per person, based on 2 or 3 passengers traveling together at any time If a single person wants to travel with no other passengers, additional costs will be charged (single supplement). If your roommate(s) cancels, you and your remaining roommate(s) must pay applicable occupancy surcharges prior to the departure date for the traveler who cancelled. Hotels reserve the right to refuse or impose a fee for additional guests or visitors for visiting or staying in hotel rooms. Clients will not hold TGW liable for any inconvenience or charge of any kind due to these policies which vary depending on specific hotel policies or staff members of hotels.
Article 12: PACKAGE PRICE/CHANGES: Hotels, departure cities, and departure dates are listed on this site and are incorporated in thisagreement by reference. Package prices are based on current rates at the time of activation of website, and are subject to change atany time prior to departure without notice due to fuel related increases, changes in government taxes, unfavorable changes in foreign currencies, and other factors beyond TGW’s control. TGW reserves the right to substitute/change hotels, tours and other services, including nightlife venues, to those of an equal standard for these or any other reasons beyond our control. In such case TGW reserves the right to implement such modification(s) without prior notice when necessary. Please note that no price reduction or partial refund will be offered if such changes are deemed necessary by TGW.
Article 13: OPTIONAL EXCURSIONS: Optional excursions are available for purchase at time of departure up to final payment. TGW will do its best to accommodate specific date requests for these excursion but reserves the right to schedule these excursions on particular days and times (due to minimum person requirements, weather conditions etc) If clients do not show up for excursions (more than 15 minutes late) they will be considered “no-shows” and will not be provided a refund. All optional excursions must be booked through our Miami office. TGW will not be responsible for any excursion booked directly with suppliers or other parties. Excursions are “rain or shine” and we will not provide refunds for inclement weather.
Article 14: WEATHER CONDITIONS:
Under no circumstances can TGW be held responsible for rain or adverse weather conditions, nor can any vacation be cancelled or amended by you at any time on the basis of rain or adverse weather conditions.
Article 15: TIMELINESS AND GUESTS:
Clients will be picked up at their hotel lobby (or apartment) at pre-specified times by our guides for our nightlife service. All clients must be on time. If a client is more than 15 minutes late in meeting the guides, they will be considered “no shows” and will not be provided a refund for those services. Guests are allowed to join the nightlife excursions from our company at the discretion of our guides. We refuse the right to refuse service to any guest(s) of a client for any reason. Additionally, if a client brings a guest, he/she is required to pay for his/her cover charges, transportation to the club/bar as well as a USD$50 guest fee per person to the guide.
Article 16: TRAVEL PROTECTION PLAN: OPTIONAL TRAVEL PROTECTION FOR CANCELLATION, DELAY, HEALTH,
ACCIDENT, AND BAGGAGE IS STRONGLY RECOMMENDED. Travel insurance will offered separately from packages through TravelSafe or a comparable company and is STRONGLY recommended for all packages (especially those that are NON REFUNDABLE such as Carnival in Rio de Janeiro , or New Year’s in Brazil.) . Clients are responsible for purchasing insurance within 21 calendar days of initial trip purchase .Clients may also purchase insurance through their preferred travel insurance carrier of their choice. TGW provides such insurance solely as a convenience to you and is not responsible for any claim, liability, loss or damage resulting from the purchase or failure to purchase such insurance in a timely fashion or to purchase the coverage.
If you become injured while on a TGW vacation, you agree that TGW shall have the responsibility, but not the duty to take reasonable action to secure emergency medical and/or other attention and/or ground transportation for you. You understand and agree you will be
Responsible for payment of any expense incurred for such medical attention, transportation or other related emergency service. It is also your responsibility to communicate/inform TGW in writing any injuries/medical incidents in a timely manner. You additionally agree to reimburse TGW if TGW has made any such payments for such emergency expenses, though you acknowledge TGW does not have the duty to do so. Any and all medical expenses incurred by you under such circumstances are your sole responsibility. Any recommendation of hostpitals/clinics or otherwise are purely a good faith recommendation from TGW to the client. We will not be held liable for our recommendation of any specific clinic/hospital or otherwise.
Article 17: SECURITY DEPOSIT: On occasion, hotels may require up to a $100 to $500 usd per person security deposit at check-in. This will be refunded upon checkout provided that there are no charges or damages to your room.
Article 18: AIR TRANSPORTATON BAGGAGE Internationally checked luggage is limited to a maximum weight not to exceed 50 pounds and 30″ x 17″ x 10″ in dimension. Flights operated within a foreign country are usually on smaller aircraft, with luggage limited to 25 lbs. TGW is not responsible for any baggage charge for excess weight or for any luggage having to be left behind for not complying wit these regulations. Clients are encouraged to check with airlines directly 24 hours prior to departure and SOLELY responsible for obtaining correct current baggage policies.
Article 19: SCHEDULE CHANGED/ DELAYS/ AIR CANCELLATION All travel times are based on the best information and timetables available at confirmation. Because of the nature of the destinations, changes to schedule and/or itinerary may be necessary and may prevent the inclusion of some activities scheduled for the day. No refunds can be given for such eliminations. We also cannot accept any responsibility for losses or incidental expenses due to changes or delays in airline schedules, including, but not limited to overbooking of flights, over booking of hotels, or defaults, weather, strikes, sickness, war, terrorist attacks, financial insolvency of airlines, riots or any other causes. All such losses/expenses are the responsibility of the passenger. This also includes missed airport transfers due to delayed or changing of flights as well as any missed tours or loss of enjoyment due to missed tours/days directly caused by airline cancellations/overbookings, late flights or schedule changes. Additionally, TGW will not be held liable for any costs of flights for any airline that ceases operations or declares bankruptcy. Client agrees to hold TGW harmless in this situation.
Article 20: CUSTOMER SERVICE: If you require assistance in any way while on your tour, you must notify our on-location staff who will make every effort to accommodate you. Under no circumstances will TGW reimburse you for long-distance phone calls or other out of pocket expenses. If the matter cannot be resolved, please write to our Customer Service Department within 10 days of the completion of your tour.
Article 21: PARTICIPANT’S RESPONSIBILITIES – AIR PASSENGERS
It is required that you arrive at the airport at least 2 hours prior to scheduled departure. Flight times shown are not guaranteed andare subject to change without notice. It is, therefore, the responsibility of each participant to reconfirm all flight times quoted at least24 hours prior. When a customer’s ticket, or a portion of the ticket, is lost or destroyed, the customer will be required to purchaseanother ticket at the appropriate fare before transportation will be furnished between the points covered by the lost ticket. There will\be no refund or replacement for a lost ticket or for airlines going out of business/ceasing operations.
Article 22: PARTICIPANT’S RESPONSIBILITIES – GENERAL:
Items not included in this package price; i.e., gratuities, meals, and all items of a personal nature are the sole responsibility of the passenger and shall be paid directly when the service is received or paid. Transportation, hotel and accommodations rules orconditions of carriage, as determined by said entity, must be adhered to at all times. This includes “House Rules” and rules/regulations printed in itineraries or other distributed printed materials. Passengers who are refused transportation will receive no refund. Participant agrees to pay reasonable attorneys fees and other expense incurred by TGW in the collection of unpaid damages,insufficient or stopped checks, or other losses for which participant is responsible.
Article 22: (B) CODE OF CONDUCT/ CANCELLATION OF SERVICES
TGW in its sole discretion may cancel the nightlife /party portion of any client that is (1) verbally or physically abusive to any staff member or fellow guest/employee/tour guide /staff member/employee of any nightlife venue or TGW (2) that is using any illegal substance or requests any illegal substance form any TGW staff member. (3) is disruptive to the harmony of the group or dis respsectful to other guests or locals/staff members. NO REFUNDS for any unused parties/nights will be given for any client who has been expelled from the tour for these two reasons.
Article 23: ASSUMPTION OF RISK
Many establishments make available during the course of most trip packages various activities, contests, parties, etc which TGW may offer on their behalf. Participants agree to accept responsibility for participating in these activities, where offered, and do so upon their own initiative and assumption of risk. TGW shall not accept liability for accident, injury or death as a result of participation in said activities. Participant agrees to waive any and all claims arising there from against TGW, it’s employees, independent contractors,agents and/or representatives or associates. TGW does not provide, promote or sell alcoholic beverages nor condone the use of illegal drugs in it’s programs. Various entities on location may offer packages including alcoholic beverages which is beyond the control of TGW. Excessive use of alcohol can result in serious injury. TGW does not condone the use of illegal drugs, prostituation or any other illegal activity.. Any client (and or guest of the client) using illegal drugs or engaging in any other illegal behavior at any discothèque or in private company property (cars, etc) will be refused service and will not be provided a refund for those and future unused services. IN THE EVENT THAT A CLIENT IS FOUND WITH ILLEGAL DRUGS OR ENGAGING IN ILLEGAL ACTIVITIES THE REMAINING PORTION OF THEIR “VIP PARTY SERVICE” WILL BE CANCELLED FOR THEIR ENTIRE GROUP WITH NO REFUND. TGW WILL FURTHERMORE NOT BE RESPONSIBLE IN ASSISTING ANY CLIENT IN ANY WAY (LEGALLY, FINANCIALLY, OTHERWISE) FOR ANY PROBLEMS WITH AUTHORITIES AS A RESULT OF ILLEGAL DRUG USE OR ANY OTHER ILLEGAL ACTIVITY.
Article 24: MISCELLANEOUS: All notices, offers, acceptances, and requests to TGW and other communications hereunder shall be in writing and shall be deemed to have been duly given if mailed by certified or registered mail, with postage prepaid, to TGW and the tourparticipant at the addresses set forth in this agreement. Any such notice shall be deemed to be received when delivered or withinthree (3) business days after it is mailed. This agreement contains the entire understanding between the parties hereto and supersedes any other oral and written agreements or understandings between them.This agreement shall bind and inure to the benefit of the parties, and their respective successors and assigns or personal representatives. TGW may assign this agreementwithout the tour participant’s permission. The tour participant may not assign any part of the benefits of this agreement to another party without TGW’s express written permission. The Participant agrees that TGW will not be obligated to refund any additional monies besides those provided in the section above because of events of force majuere, acts of God, war, terrorism, strikes, financial insolvency of airlines, hotels or suppliers, or any other event beyond the control of TGW. During the course of tours, TGW may photograph/videotape participants in public places strictly for marketing purposes and to promote its normal course of business. All photographs/videotapes taken by the company and its employees/partners/suppliers are exclusive property of the company and the company reserves the right to publish such video/pictures on its website and marketing materials. TGW will actively select pictures/videos that it will deem appropriate. Participants agree to hold TGW harmless of any resulting unintentional damages resulting from the publication of and of these materials.
Article 25 : RELEASE OF LIABILITY: TGW has made arrangements for the tour services described in this website through independent contractors which are not the agents or employees of TGW or its affiliates. TGW does not own or operate any entity which is to or does provide goods or services for your trip including, ownership or control over hotels, private apartmentS, airlines, cars, busses, shuttles vans or other transportation companies, local ground operators, providers or organizers of optional tours or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. Independent contractors may utilize the TGW logo signage or uniforms solely for identification purposes which does not signify TGW ownership, management or control. As a result, TGW 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, TGW 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 occasioned by or resulting from, but not limited to, acts of God, acts of government, 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, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, 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, diseases and dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, hang gliding, hiking, walking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of TGW. In addition, I release TGW from its own negligence and assume all risk thereof.
Article 26: FORUM SELECTION AND CHOICE OF LAW: Participant agrees that this agreement is governed by the laws of the State of Florida, U.S.A. In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of Florida Law. A list of arbitrators shall be presented to the
Participant and TGW from which one will be chosen using the applicable rules. The hearing shall be conducted in the City of Miami ,Florida, U.S.A. The decision of the arbitrator shall be final and binding upon all Parties. The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney’s fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of Florida. An arbitrator’s decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
By signing this document or paying online and checking the box to agree with these terms prior to paying, I acknowledge that I have completely read, understood, and agree to be bound bythe terms and conditions in this entire f document. By paying a package online or via wire transfer or Paypal/electronic payment client agrees to these terms and payment constitutes a digital acceptance and signature of this document.