TGW Terms and Conditions
TGW Terms and Conditions:
TGW Travel Group, Inc. DBA “Tours Gone Wild” as will collectively be referred as “TGW”, “Us”, or “the Company” arranged the vacations advertised on this website. The traveler (hereinafter “you”, “your” the “Client”, “Participant”, “Participants”, “Traveler”, “Travelers”), acknowledge receiving and agreeing to these terms and conditions as set forth below covering the vacation booked by TGW. TGW reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
By booking any vacation or travel “Product” (including but not limited to flight, hotel or private accommodation, tour, vacation package, transfer, party or event) with TGW , or by traveling with TGW, you acknowledge that you have read and understood these terms, and indicate your acceptance of and agree to be bound by them. If you have booked a package with more than one traveler on your travel package, you shall be deemed to have accepted these Terms on behalf of all travelers named in the booking. These “Terms” constitute the entire agreement between the You and TGW with respect to the subject matter thereof and supersedes all prior agreements, representations, and understandings of the parties, written or oral. Processing and completing the checkout and payment process online on TGW’s website or via an online payment link sent from TGW constitutes a digital signature from clients and acceptance of this agreement and all terms and conditions herein.
Any Client confirming a booking on any product with more than one Client named and booked on such booking represents and warrants to TGW that they have the authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so and will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with TGW .
ARTICLE 1: PARTICIPATION: AGE, HEALTH AND FITNESS
We do not have a minimum age to travel with TGW, but Clients must be 18 years old in order to book and pay for a package with us. Any traveler under 18 must travelling with us must be accompanied by a legal parent or guardian. The legal drinking age in most countries is 18 and 21 in the USA. Clients must be of legal age to enter an establishment that sells alcohol such as a club or party. We also do not have a maximum age for travelers, but clients must ensure they are fit enough for full participation in any package or tour or excursions. It is the responsibility of the Client to consult with their travel representative if they have questions about activities or fitness levels for any excursion or Product. Additionally, we highly recommend that all Clients consult with their physician prior to booking any Product with us to see if said Product is suitable for their particular health needs, fitness level and for recommendations on recommended immunizations. TGW does not give any medical advice nor recommendations as to any immunizations other than actual government entry requirements.
The majority of tours/activities require a minimum amount of walking (client must have the ability to enter/exit vehicles, carry their own bags and walk 15 to 20 minutes without assistance). It is your responsibility to ensure that you have the adequate level of fitness before booking a tour, package or Product with us. You should also obtain proper and detailed medical advice prior to travel for the latest health requirements and recommendations for your destination and make sure you are in adequate health both physically and mentally in order to travel. All clients that have medical conditions or physical limitations must disclose these conditions prior to travel in order for the TGW to make reasonable and necessary accommodations. Note that in some countries and on some excursions or monuments/tours, wheelchair accessibility may be very limited or unavailable and medical care and quality standards and availability vary greatly in other countries and in remote travel areas.
You acknowledge that you are choosing to travel during the Coronavirus/ COVID-19 pandemic or any other known illness. TGW will take reasonable precautions to select suppliers who adhere to safety protocols and government directives but TGW does not own or operate these suppliers (airlines, hotels, parties, restaurants, transfers, tours, etc.) and is not liable or responsible for their ultimate correct implementation or changes in these protocols. It is the Client’s sole responsibility to acquaint him/herself with all relevant travel information, including all applicable destination-specific health risks for the areas you will be visiting. You acknowledge that your decision to travel is made in full knowledge of this information and accept these personal risks by traveling. TGW accepts no liability in relation to these additional risk to the fullest extent permitted by applicable law. Travel health/cancellation insurance is highly recommended to protect all travelers and not included in our packages and must be purchased separately.
ARTICLE 2: TRAVEL DOCUMENTATION: All travelers are required to carry proper and accurate travel documentation in order to travel and transit to the country or countries of their final destination. Documentation can typically include but is not limited to valid unexpired passports (some countries require two blank pages and that your passport not expire within 6 months of arrival), potential travel visas, proof of travel health insurance, immunization or COVID19 test results/certificates or other requirements.
Travelers must consult their local consulates for entry requirements as these vary greatly depending on the country they are visiting and transiting through. All travelers are also solely responsible for obtaining proper and updated information on travel restrictions, documentation, quarantines for the countries of arrival or upon return to their home country of residence, and entry requirements in light of the COVID-19 pandemic.
Travel entry requirements and documentation are subject to change without notice and entirely the responsibility of the traveler. No refunds or monies will be issued for passengers who are 1) denied boarding or for unused or cancelled Products with us 2) For failure to obtain proper or correct documentation in a timely manner. 3) For client cancellation of travel due to the imposition of travel restrictions, imposition of government “do not travel” warnings or fear of travel due to said notice or current COVID-19 or other illness 4) For damages of any sort or extra costs or losses incurred relating to potential quarantines in the destination country of travel or upon arrival back in your home country in light of COVID-19 or any other pandemic or epidemic.
ARTICLE 3: INFORMATION: All information on TGW’s website or oral or electronic communication with Clients pertaining to travel restrictions, requirements, visas/passport information etc., 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 all travelers check with the closest consulate of the country in which they are travelling to and in which they reside for up to the minute requirements and proper visa and other documentations and quarantine issues. Travelers are also highly encouraged to purchase “cancel for any reason” trip coverage (if available) to protect their trip investment.
ARTICLE 4: RESERVATIONS/PAYMENTS: In order to book a package with us or activity, a representative will send you a final confirmation of said activity with the revised final cost, all package inclusions , payment details and a payment plan (if applicable or requested) for said package or activity. Once payment is complete, TGW will send you an invoice for your booking within 1 to 3 business days of the booking. If you are purchasing air with us airfare must be paid 100% UPFRONT in order to be ticketed unless it is a specific “group booking” with more than 10 passengers negotiated with your TGW rep. TGW will not be responsible for airfare price increases for Clients who did NOT pay for the air before the airline’s designated “ticketing deadline” which we will disclose to you upon the time of booking.
ARTICLE 5: LATE PAYMENTS: Accounts not paid by their due date will be subject to a $100 late penalty. Accounts that are overdue by more than 5 busines days are subject to cancellation and subject to our Cancellation Policy outlined below. If a client wishes to re-instate a package or Product, it will be subject to availability and may suffer an increase in price.
ARTICLE 6: CANCELLATION & REFUND POLICY Please consult with your rep prior to booking if you have any questions about cancellation or refunds. Below are the cancellation and refund terms for various packages. The Client agrees that TGW will not be obligated to refund any additional monies besides those provided in the Articles below because of events of force majeure, acts of God, war, terrorism, strikes, pandemics, financial insolvency of airlines, hotels or suppliers, or any other event beyond the reasonable control of TGW.
ARTICLE 6.1- AIRFARE – It is important to note that airfare, once ticketed is NON-refundable and must be paid in full at the time of ticket issuance. Please refer to Article 6.7 for details.
ARTICLE 6.2: All Brazil Carnival Packages & New Year’s Packages
- All Brazil Carnival and New Year’s packages for 2021 and 2022 are 100% non-refundable. (including hotels, accommodation, transfers, carnival tickets, parties and all tours and excursions).
- Air – If you purchased air for the events, the air is subject to the terms of the respective airline.
- In the event that a special event package including Rio Carnival 2021, Rio Carnival 2022, New Year’s in Rio 2021, New Year’s in Rio 2022, is officially cancelled due to COVID19 or any other disease or force majeure event beyond the control of TGW client agrees that these package are NON REFUNDABLE and a credit will be given in the amount paid for the LAND portion of their trip for the same package for the following year or another package (upon approval). NO CASH REFUNDS will be given under any circumstance. Clients are strongly urged to protect their travel investment by purchasing “Cancel for any reason” trip cancellation insurance if available
ARTICLE 6.3 (PAMPLONA PACKAGES 2021, 2022)
- If your cancellation is made by March 31st, 2021, TGW will refund your non-air LAND portion less $150 per person.
- If your cancellation is made between April 1st and April 30th, 2021, TGW will refund you 50% of your LAND package.
- If your cancellation is made from May 1st, 2021 there will be NO refund for the non-air portion of your vacation.
Please note that all train tickets & All Txupinazo Tickets (opening ceremony tickets) are FULLY NON-REFUNDABLE upon payment.
- Air – If you purchased air for the events, the air is subject to the terms of the respective airline.
- In the event that the Pamplona 2021 event is officially cancelled due to COVID19 or any other disease or force majeure event beyond the control of TGW client agrees that these package are NON REFUNDABLE and a credit will be given in the amount paid for the LAND portion of their trip for the exact same package for the following year or another package (upon approval). NO CASH REFUNDS will be given under any circumstance.
ARTICLE 6.4 ALL OTHER PACKAGES (Spain, Greece, Ibiza, Colombia, Brazil (Except New Year’s and Carnival in Brazil) and all customized /tailor made packages):
- If your cancellation is made more than 90 days prior to departure, TGW will refund your non-air LAND portion less $199 per person.
- If your cancellation is made between 90 to 59 days prior to departure, TGW will refund you 50% of your LAND package.
- 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.
- Air will be subject to terms below.
- Any exceptions to this policy (in the case that your package includes a different cancellation policy by a supplier) we will notify you in your final confirmation prior to paying of your package with us
ARTICLE: 6.6 FLIGHTS If you purchased flights with us, please note that Airline tickets are Nonrefundable and Non-Transferable. TGW will send clients a copy their final flight itinerary for review prior to issuing any ticket. By paying online clients agree that their itinerary information is accurate and that the travel document matches their traveling passport as well as that their dates and cities of departure and itineraries are correct.
Once airline tickets have been issued, generally within an hour of your payment, they are 100% non-refundable. If a client wishes to cancel or amend/change his/her ticket the airline may give him/her a ticket good for generally one year on the same itinerary from date of purchase up to the face value of the ticket including taxes minus any cancellation fees. (Subject to their specific ticket’s fare rules and restrictions). TGW will not be responsible for any fare differences. Cancellation or change fees (which typically range from $150 to $300 per ticket) are applied above any air ticket cost. Cancellations must be in writing and at least 72 hours prior to departure. Client accepts the airline’s Contracts of Carriage by purchasing their flights through us and agree to adhere to these terms.
Luggage and Seat Assignments: Please check with your representative or the airline regarding bag fees and seat assignments as many airlines will charge for both seats and bag fees including long haul and domestic short haul flights. In some cases, these extra fees can add up significantly, so it is important to understand all luggage and seat costs prior to payment of said air.
ARTICLE 7: TRAVEL INSURANCE Comprehensive travel insurance is highly recommended for all packages. Travel insurance should include coverage for health care/coverage while on your trip with us as well as medical evacuation, and trip cancellation. Some countries may require that you be covered medically for COVID-19 should you fall ill while on vacation. Clients are responsible for purchasing insurance in a timely manner. Some coverages for insurance must be purchased anywhere from 7 to 21 days form the booking date of your first payment in order for them to be valid, and this can vary by provider and state/country of residence.
TGW may in its discretion recommend a company to you for purchasing of a policy but you are free to select any company of your choosing and encouraged to do your due diligence prior to purchasing a policy.
We highly encourage all travelers to purchase coverage that includes “Cancel for any Reason” (CFAR), if available, which typically is an “add on” to normal policies. Clients are also advised to shop for travel insurance accordingly if they are going to partake in any sort of outdoor physical or high risk activity such as hiking, hang gliding or other activities as this coverage may also be an “add on” or not specifically covered by some insurance companies. It is the sole responsibility of the traveler to obtain adequate, timely and correct coverage for their package. TGW is not responsible for any changes to insurance requirements nor for any miscommunication regarding policy inclusions or exclusions as clients are encouraged to address these concerns directly with the insurance carrier PRIOR to purchasing of the policy.
ARTICLE 8: REBOOKINGS: If a client cannot make a trip and would like to rebook, he/she would be subject to the above referenced cancellation policies. 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 email before any changes can be made. Clients who must rebook their package voluntarily (when it is not cancelled by us) will be charged a $50 rebooking fee (per person). Clients are also responsible for any fare/hotel price differences (if any) when rebooking another vacation
ARTICLE 9: PAYMENTS: TGW accepts Visa/Mastercard/ AMEX and Discover as well as PayPal. The company also accepts wire transfers. No personal checks or money orders are accepted. TGW does not accept third party credit card payments from persons not travelling on the package that they are paying
ARTICLE 10: CHANGES OR CANCELLATION OF PACKAGES: Any changes to packages or cancellations must be made in writing or via email. TGW will confirm receipt of said change or cancellation to you upon receipt. Change fees or price differences may apply for changes to package dates.
ARTICLE 11: GROUP TOURS AND TAILOR MADE PACKGES: TGW sells group packages and independent “Tailor Made” packages. Group Tours are Rio Carnival, Miss Colombia, Oktoberfest, and New Year’s in Rio. All other tours, unless specified are individual “Tailor Made” tours.
ARTICLE 12: GUARANTEED GROUP TOURS: Certain “Special Event” 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. No additional monies will be received for any cancelled tour in excess of the amount paid by the client.
ARTICLE 13: 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 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, age etc.
ARTICLE 14: EVENT TICKETS: TGW may in certain packages include or sell individual event tickets to certain special events. In compliance with applicable law, TGW will reimburse the client for the full price of the ticket if:
- The event is cancelled.
- The client is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser (such as not printing the ticket correctly).
- The ticket is not delivered to the client in the manner requested and pursuant to any delivery guarantees made by 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. Client agrees that the maximum compensation for a cancelled event or ticket in the situation where a client was denied admission through no fault of their own will be the amount paid for that ticket.
ARTICLE 15: HOTEL ACCOMODATION: If Client experiences any problems with hotel accommodation booked by TGW 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. In the rare case a hotel may be overbooked, the Client will be placed in a hotel of similar or better category or be refunded the full cost of the hotel. Client agrees that no monies in excess of the cost of the hotel will be provided in the case of an overbooking. On occasion, hotels may require a hold on your credit card for incidentals.
ARTICLE 16: 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 liability 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 17: FINAL TRIP DOCUMENTS: Final trip documents will be 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.
ARTICLE 18: 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 19: 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 20: PACKAGE PRICE/CHANGES: Hotels, departure cities, and departure dates are listed on this site and are incorporated in this agreement by reference. Package prices are based on current rates at the time of activation of website, and are subject to change at any 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 21: 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 excursions 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 prepaid online through TGW at least 48 hours prior to the activity date. 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 22: 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 if included in your package with us. 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 22: SCHEDULE CHANGED/ DELAYS/ 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, inclement weather, strikes, sickness, war, terrorist attacks, financial insolvency of airlines, riots, pandemics, or any other causes beyond our control. 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.
ARTICLE 23: EMERGENCY ASSISTANCE /PROBLEMS WITH TOURS: If you require assistance in any way while on your tour, or have any sort of problem with your tour you must notify our on-location staff or USA office or email helplines who will make every effort to accommodate you in a reasonable amount of time while you are still on your vacation with us.
It is also your responsibility to communicate/inform TGW in writing any injuries/medical incidents in a timely manner within 24 hours of the occurrence 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. 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 hospitals/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.
ARTTICLE 24: PARTICIPANT’S RESPONSIBILITIES – GENERAL: Items not included in this package price; i.e., gratuities, meals not specified, room service, optional excursions, 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 or conditions of carriage, as determined by said entity, must always be adhered to. 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 attorney’s 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 25: CODE OF CONDUCT/ CANCELLATION OF SERVICES TGW in its sole discretion may cancel the nightlife /party portion of any client package 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 disrespectful 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. 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 26: ASSUMPTION OF RISK: Many establishments make available during most trip packages various activities, contests, parties, etc. which TGW may offer on their behalf. Travelers agree to accept full responsibility for partaking in these activities and do so upon their own assumption of risk. TGW shall not accept liability for any injury, accident, or death as a result of participation in said activities. Participant agrees to waive any and all claims arising there from against TGW, its 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 its 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 or death.
ARTICLE 27: PHOTOS AND VIDEOS RELEASE: 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. You irrevocably grant TGW and its agents and representatives all rights to use, exhibit, publish, distribute, reproduce, display, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without payment, compensation, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, displayed, exhibited, published, reproduced, edited, or distributed by TGW at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to TGW and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the travel package (by TGW or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
ARTICLE 28: 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, parties or clubs, restaurants, etc. All such persons and entities are independent contractors. Independent contractors may utilize the TGW logo on uniforms or signage solely for identification purposes only, which does not ownership by TGW nor 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 loss, damage or injury, loss, 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, pandemics 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 29: FORUM SELECTION AND CHOICE OF LAW: Client agrees that this agreement is governed by the laws of the State of Florida, U.S.A. without regard to conflicts of law principles. In the event of any dispute between the parties exclusive venue for any action contained or related to these Terms or any grievance relating to the trip or Products purchased shall be solely in Miami, Florida. In the event of any dispute, 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.. The hearing shall be conducted in the City of Miami, Florida. 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. 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. All guest claims must be submitted in writing and received by TGW no later than 60 days after completion of their vacation or tour. Client claims not submitted and received within this time shall be deemed to be waived and barred.
ARTICLE 30: Execution: I have carefully read these Terms and Conditions and all articles in this document. I am aware that this is a release of liability and a contract between myself and TGW and agree of my own free will. By checking the “Accept Terms and Conditions” Box on the payment page sent to me via online payment link or Credit Card Authorization form, or by booking a Product via bank or wire transfer, I agree to these Terms for myself, each member of my traveling party.