General Terms & Conditions | Tropical Sea Kayaking

When you (“client”, “participant”, “consumer”, “customer”, or “guest”) book a vacation package (“package”, or “trip”) with Tropical Sea Kayaking (“TSK”, “travel organizer”, “organizer”, “we”, “our”, or “us”), you accept our general terms and conditions stated below. These terms and conditions regulate the relationship between the travel organizer, and the consumer.

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Extraordinary travel conditions due to the COVID-19 situation

Due to the extraordinary situation the world is currently facing regarding covid-19, the national authorities have made restriction on to whom can cross the border with the countries that include the trip destinations. We strongly encourage all visitors traveling to our trip destinations to read and understand the restrictions that have been set by the respective national authorities before purchasing our trip product. TSK will not refund to travelers that are denied entry at the border in case they do not comply with the set entry requirements.
You can read more about these restrictions here:
Costa Rica’s current entry requirements during the COVID-19 pandemic:

https://www.visitcostarica.com/en/costa-rica/planning-your-trip/entry-requirements

Panama’s current entry requirements during the COVID-19 pandemic:

https://www.tourismpanama.com/plan-your-vacation/advisories/

Trip cancellation & refund due to COVID-19

In case the country of your trip’s destination closes it’s borders due to COVID-19 after submitting your trip balance, and before 30 days prior to your trip commencement date, then you would be eligible for a full refund of trip payment minus 10% administrative fees. No full refunds are guaranteed beyond that point, however, TSK will do its best to reimburse as much as possible.
To fully cover the risk of Covid-19 however, we highly recommend you purchase travel insurance covering 100% trip refunds on Covid-19 cancellations.

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Conclusion of the agreement and payment terms

The agreement between the parties is considered concluded upon a confirmed booking. On receiving a down payment for any TSK trip product, we will confirm your booking by email.
All prices are per person in U.S. dollars (“USD”, “US$, or ”$”). Regular rates vary for each package based primarily on when you book, when you travel, room configuration and room location. Once your deposit is received by TSK, your reservation is made, with a guaranteed trip rate for all participants in your party at the time of booking, except where price increases may result from increases in government taxes or fees. Guests added to your party after initial booking will be priced at the then-prevailing rate. All prices are subject to change without notice.
A deposit is required to confirm a reservation, unless the reservation is made on or after the final payment date (as defined below) for the vacation package, in which case full payment is required. The deposit amount will be equal to US$500 per person; or the total package price if less. The amounts of any add-ons requested after booking the initial package will be added to the balance.
Unless agreed otherwise, final payment shall be due 60 calendar days prior to the vacation commencement date (the “final payment date”), unless the reservation is made after the final payment date, in which case full payment will be due on the date reservation is made.
Payments must be received on or before any due date, and can be submitted by a wire transfer from bank to bank. We have bank accounts in the USA, Canada, Europe, Australia, and accept USD, CAD, EUR, GBP, CHF, and AUD. When paid in another currency than USD, the current exchange rate at the time of payment will be applied.
In case you are charged wiring fees by your bank, TSK will cover up to US$20 per payment (to a maximum of 2 wire transfers per booking), but only if notified by email, and before final payment is made. The wiring fee(s) will be deducted from the trip balance.  
Prior to each due payment, TSK will send you an email with updated banking & payment details, including the amount to be paid.
Failure to comply with the deposit and final payment schedules, or any other applicable policies and procedures, may result in the automatic cancellation of pending reservations and applicable fees will be assessed.

Name changes

Reservations and package components are non-transferable. We will make a reasonable effort to accommodate changes to guest names prior to departure provided that at least one member of the originally-booked party travels; however, we reserve the right to pass on to you any third-party costs (such as from airlines or Suppliers (as defined herein)) we incur in so doing.

Cancellation & refunds

You may cancel your booking by e-mail (info@tropicalseakayaking.com). The time of cancellation will be the date upon which we receive notice from you. If you make changes to the vacation commencement date or chosen trip, it will be deemed a cancellation by you. If you cancel, amounts paid, minus cancellation fees and nonrefundable amounts, will be promptly refunded. No refunds will be made in the event of interruption or cancellation by you after the vacation start date. All appropriate refunds will be made in U.S. dollars (or in the currency of down payment/balance via wire), or through your travel agent (if applicable). We will not be responsible for the receipt of refund monies by you from your travel agent, some of whom may withhold an agency cancellation fee.
Unless agreed otherwise, the following cancellation fees shall apply:
Cancelled 60 days or more prior to vacation commencement date: deposit per guest.
Cancelled 59-15 days prior to vacation commencement date: 50% of vacation package price.
Cancelled 14 days or less prior to vacation commencement date: 100% of vacation package price.

Travel insurance

TSK highly recommends any trip guest to take out cancelation insurance from an insurance company, which guarantees the customer the right to recover from the contract in the event of sudden and serious illness of the customer, an immediate family member, a fellow traveler, or other unexpected and serious incidents.
In addition, we suggest taking out travel insurance that covers, but not limit to loss/damage to travel luggage, etc. and coverage of medical expenses and any repatriation in case of accidents/illness.  

Eligibility

Our website establishes minimum eligibility ages for each itinerary, as well as recommended minimum ages, which are based on several factors; however, some activities within a vacation may have weight/height restrictions and/or different minimum ages than our overall minimum eligibility age or recommended minimum age. Please contact us for details.
All children under age 18 must be accompanied by a parent or legal guardian in the same room. By sending us a deposit, you represent and certify that you and all members of your traveling party: (i) have selected a vacation that is appropriate to your abilities and interests; and (ii) are free from any physical condition or disability that would create a hazard for you, the trip guides or other guests. Please consult your doctor. We have the right, but not the obligation, to deny participation to any guest, and to remove from any vacation, at the guest’s sole expense, when the guest whose condition creates a hazard to himself or herself, the trip guide or other guests, or otherwise impacts the enjoyment of other guests.
In all cases, remember that your personal acceptable level of risk is really something (activity) guides cannot decide for you. If you are uncomfortable about a risk or danger, you must tell your guide before committing to an activity which is beyond your willingness to take risk or injury.

Claims, notice, requirements, and time limits

No claim for delay, detention, personal injury, illness, emotional distress or death of a guest, or for loss of or damage to any of your property (collectively, “damages”), may be brought against us or the tour operator, and no legal action may be brought against us or tour operator for any damages. Losses due to ordinary wear and tear and acts of God are not reimbursable.

Documentation required to travel/guest responsibilities

Passports are mandatory for all ages and cannot expire within 6 month of your arrival date or you may be refused entry into the country of your trip destination.
You are solely responsible for obtaining current travel advisories, warnings and requirements (such as visas, passports, inoculation). If unsure, contact your travel agent, applicable embassies and/or consulates.
All guests must have valid government-issued proof of citizenship to travel, in addition to any other requirements of the country of origin and countries visited. Those without proper documentation may be denied travel. In addition, you may be denied entry to the countries visited if you do not meet the country’s entry requirements. You are solely responsible for notifying us of flight changes affecting your arrival, or we will not be able to meet you at the specified arrival airport, or agreed meeting point.

Itinerary changes, and cancellations by us

We will make every reasonable effort to operate the vacations as advertised; however, we and tour operator reserve the right to curtail or modify the itinerary, or to substitute activities, hotels, meals or transportation as we deem necessary. Please also note that during certain holidays and peak periods or due to repairs or renovations, some activities may be disrupted or unavailable. Deviations from planned vacation package itineraries or any aspects of the travel may occur. If for sea kayaking, domestic flights, and other package elements conditions make routes unsafe for navigation or in other respects, or raise sufficient doubt about safety, we and tour operator reserve the right to modify or provide alternate services, which may include, but are not limited to, providing accommodation elsewhere and/or substituting ground transportation for domestic flights. None of these modifications or changes shall affect the vacation package price or entitle you to any credit or refund.

Authority to decline passengers or remove from trips

We reserve the right to accept or reject any person as a trip participant.
Disrespectful, hostile behavior and/or use of explicit/derogatory language or slurs to other guests, guides or staff, will result in the immediate cancellation of your participation in the trip with no refund, and with any corresponding arrangements at your expense. 
We reserve the right to expel any passenger from a tour if we deem this necessary for the comfort, convenience or safety of the tour participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers. If we remove you from a trip, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.
We reserve the right for guides to modify the itinerary in best interest, logistics and safety of the group.
We reserve the right for guides to modify and/or dictate the configuration of paddlers (use of single vs. double kayaks) in best interest, logistics, seniority, availability and safety of the group.
You must clearly state all your dietary requirements at the time of booking. We cannot guarantee that special dietary requirements can be met, though we will try our best to accommodate to these needs.

Guests needing special assistance

Certain itineraries may include activities that present challenges to or are not suitable for guests with special needs. We strongly recommend that guests requiring assistance be accompanied by a companion who is capable of, and totally responsible for, providing assistance. Neither we nor our suppliers may physically lift or assist guests onto transportation vehicles or otherwise. Please contact a us to discuss your specific needs.

Special requests

We will make a reasonable effort to accommodate special requests, such as smoking, adjacent or connecting rooms, bed size and dietary needs; however, we cannot guarantee that these requests will be accommodated. Please let us know about any special requests you like to discuss at the time of booking.

Arrive early or stay late

We recommend that you arrive a day or two prior to the start of your escorted vacation to get acclimated and to allow for unexpected travel delays. Also, you may choose to stay a day or two after to extend your vacation on your own. Both pre- and post-stays are available at additional cost to you. Please ask us, or any travel agent for price, details and availability.
On some trips, airport meet & greet and hotel transfer services are available in connection with these additional days. Our special rates for these additional days are only available if booked through us in conjunction with a vacation package and cannot be combined with any other offer.

Guest Feedback

While not required, we welcome guest suggestions, ideas, feedback and comments (collectively “guest suggestions”). You hereby grant us and our affiliates the right, but do not impose the obligation, to use, disclose and implement any guest suggestions you choose to communicate to us without any liability, compensation or obligation on our part.

Photography

By participating in a Tropical Sea Kayaking tour, you consent to having your name, face, likeness, voice and/or appearance captured in any photographs and videotapes (or portions thereof) in any format, including, but not limited to, print, digital or film media now existing or hereafter developed, and you further acknowledge and agree that such photographs and videotapes (or portions thereof) may be shared with other participants in the adventure. In case you don’t consent to this (section “photography”), inform us of your disapproval prior to your vacation commencement date and we will make sure to exclude you from all.

Service providers

The services provided in connection with the trip products/itineraries, including, without limitation, transportation, hotel accommodations, restaurants, and other services are purchased from various independent suppliers who are not affiliated with us in any way (“suppliers”). Although we and tour operator endeavor to choose high-quality suppliers, neither we nor tour operator has the right to control their operations and therefore make these travel arrangements upon the express conditions that we, tour operator and our own agents, employees and affiliates shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury, illness, emotional distress, death or damage or loss to property occasioned through the conduct or omission or default of any supplier, each of which is subject to laws of the state or country where the service is provided. As a condition precedent to your participation in the vacation package, we and some of our suppliers require that you execute and return to us an assumption of the risks and release of liability form (in our case our online “Release Form”).

The adventure travel agreement

The adventure travel agreement is an assumption of the risks and release of liability form provided to you upon booking that you will be required to sign and return to us no later than 60 calendar days before vacation commencement date or no later than 5 days after booking in case your vacation commencement date starts within 60 days of booking.  Failure to do so will be deemed a cancellation by you. We will send you a link to our online release no later than 90 calendar days before your vacation commencement date, or no later than 1 day after booking in case your vacation commencement date starts within 60 days of booking.
In addition, we will send you a survey form, requesting guest information which will provide us the ability to improve, and personalize your trip.

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