Booking Agreement Terms & Conditions
Thank you for booking your trip with Vaya Adventures, Inc. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. The terms “we”, “us” and “our” and “Vaya” refer to Vaya Adventures, Inc. The term “you” refers to the customer visiting our website and/or booking travel services through us.
Reserving Your Place for Your Vaya Adventure
Early reservations are highly recommended. Airlines often sell out their best fares and hotels can fill up months in advance, particularly the kind of smaller hotels that we generally work with. To reserve your trip, you simply make a trip deposit in the amount specified at the time of booking (all trip deposits are non-refundable), via check, bank transfer, or credit card (payment terms and methods vary with certain trips, such as vessel charters). You may mail a personal or bank check, transfer the funds, call us with your credit card information or pay your deposit online. Click here to review all of our deposit payment options. Each participant must also fill out, digitally sign, and submit a Booking Form (parents must digitally sign for children under 18). Prior to your departure (typically 3-4 weeks before), you will receive pre-departure information relevant to your trip and an itinerary.
Payment Schedule and Pricing
We require the following payment schedule for our trips:
At time of reservation: Trip deposit in the amount specified at the time of booking (non-refundable)
90 days prior to departure or at the time of invoicing: Balance
Any trips reserved 90 days or less prior to departure require payment in full upon reserving. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event only return any deposit received. Reservations are non-transferable.
Subsequent deposits and balances are payable by check or bank transfer. All prices are in U.S. dollars and payments must be made in US dollars. Vessel charters are payable only by check or bank transfer for both deposits and balance payments.
Payment schedules and deposit amounts for some trips, such as trips including cruises, charters, stays at certain properties or lodges, or trips taken during certain times of the year, can vary. Additional payment schedules and requirements set by local operators take precedence over any of these schedules and requirements.
Payment for air tickets is due at the time the tickets are issued.
A few of our tours are priced according to the number of passengers in your group. Staff, guides, and guests of Vaya Adventures are not included in the tier pricing count. Should tour membership or the number of participants in your group fall below the quoted number of participants, we reserve the right to re-cost the tour.
Prices are based on accommodations, supplier transfers & activities, airfares (when applicable), tariffs, and exchange rates effective at the time of your booking. Vaya Adventures reserves the right to increase tour prices to cover increased costs, tariffs and taxes, fuel surcharges, and to reflect fluctuations in foreign exchange markets. Prices listed on the Vaya Adventures website or elsewhere are subject to change.
Accommodations are based on double occupancy. Participants who specifically request single rooms (with no roommate) must pay a “single supplement.” The single supplement varies from trip to trip.
Cancellations and Refunds
Notice of cancellation of your trip must be received in writing via email by Vaya. If you cancel your trip, the following fees* will apply to canceled trips, computed as of the date of receipt of written cancellation notice (if the written cancellation arrives on a non-business day, the date of receipt is the next business day using the Federal Holiday calendar):
Standard Vaya trips:
|More than 120 days prior to departure:||Non-refundable trip deposit(s)|
|91 to 120 days prior to departure:||25% of total cost for entire trip|
|61 to 90 days prior to departure:||50% of total cost for entire trip|
|Less than 61 days:||100% of total cost for entire trip|
Trips involving any type of cruises or charters:
|More than 120 days prior to departure:||Non-refundable trip deposit(s)|
|61 to 120 days prior to departure:||75% of total cost for entire trip|
|Less than 61 days:||100% of total cost for entire trip|
*Cancellation schedules for cruises, peak dates, or certain special events are often stricter (please contact us for specific terms & conditions or cancellation policies for any specific property or cruise). Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including but not limited to hotels, outfitters, cruise operators, or airlines used in the itinerary. No partial refunds are possible for unused portions of a trip. Vaya Adventures is not responsible for any expenses incurred by trip members in preparing for a canceled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements.
Initial trip deposits are strictly non-refundable under all circumstances. Vaya reserves a minimum $500 per person non-refundable trip planning fee as part of the initial trip deposit that represents a fee for consultation and initial trip planning services with Vaya. Other deposits required in addition to this $500 fee represent payments to third parties for travel services related to your trip that are also non-refundable under all circumstances. Vaya pays suppliers well in advance of the travel dates and cannot be held responsible under any circumstances for returning any client funds held by third party suppliers where those suppliers were paid in the course of business by Vaya for services related to your trip. Vaya is your booking agent and all services for your trip are provided by third parties that are separate entities from Vaya. Our cancellation and refund policy takes into account the fact that we must advance deposits and trip payments to our suppliers for their services, which are often non-refundable and/or non-recoverable by us once paid. When a refund amount is possible, it will be made the same way the original payments were received, starting by returning funds received via credit card first.
There are no exceptions to this cancellation policy, including for reasons related to fear of travel, your decision not to travel because of governmental travel warnings or advisories, weather, recent catastrophes, terrorism, civil unrest, personal, family or medical emergencies, a change in governmental health requirements for entry or while traveling (such as vaccine requirements or mask mandates), or any other circumstance beyond our control.
For any trip that is rescheduled or changed for any reason other than a border closure that makes travel impossible, there is a minimum $200 per person rescheduling fee. Any rescheduling fees charged by third party suppliers will be in addition to this amount. In many cases rescheduling may not be possible without a partial or complete loss of funds already paid. Rescheduling a trip with 60 days or less notice is treated as a cancellation, and written notice is required for any rescheduling.
Force Majeure / Forces Outside Vaya’s Control
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage, as a result of circumstances amounting to “force majeure.” “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, but are not limited to: acts of God, actual or threatened war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport (including but not limited to all types of vehicles and vessels), changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, and all similar events outside our control. In the event a trip cannot take place or is cut short due to any of these forces outside of Vaya’s control, including but not limited to the actions of any third parties, refunds will not be made by Vaya.
Cruises, including vessel charters, involve many factors outside of Vaya’s control which can disrupt a trip, including but not limited to all issues related to mechanical issues, unavailability of guides or crew, outbreaks of illness on prior departures that affect the availability of crew and guides on the client’s departure, weather, re-routing of itineraries due to mechanical issues or the illness of any passengers or crew or for any other reason, and many other factors. Vaya has no control over the operation of the cruise ship being booked and is acting as a booking agent with regard to all cruises. Vaya cannot be held liable for anything related to the operation of or failure to complete a cruise itinerary or for any actions of the cruise operators, which are totally separate entities from Vaya. Flight issues and delays can also result in missing cruises or other services, and Vaya has no control over those situations and cannot be held responsible for them.
International Travel and Documentation
It is your responsibility to obtain all proper documentation to travel, including but not limited to a passport, any required visas, reciprocity fees, affidavits, immunizations, vaccinations, etc.. Many countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements, you can visit the State Department’s website. Non-U.S. citizens, those traveling on non-U.S. passports, or those arriving to or departing from a non-U.S. destination, should inquire with any applicable embassies or immigration authorities about entry/exit requirements for countries they are visiting, departing from, or returning to. Such items as documentation, vaccines, insurance, or anything else that might be required are the responsibility of the traveler. Vaya bears no responsibility for such information and will not be responsible for advising on and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
U.S. citizens, including minors, traveling outside the United States are required to carry documentation of U.S. citizenship, including a machine-readable passport valid for 6 months after the return date along with applicable visas. Similar requirements exist for citizens of other nations engaging in international travel.
Single parents, separated parents or grandparents traveling with children have additional documentation requirements (such as birth certificates or notarized letters of permission or other documentation) and it is your sole responsibility to ascertain what that documentation is and to have it in your possession while traveling.
In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Travelers are also required to respect any local requirements, including but not limited to rules and regulations at specific properties or in any type of vehicle, relating to mask wearing, vaccine certificates, or other health related protocols. These types of regulations can change at any time and are not under the control of Vaya.
Health: Recommended inoculations or vaccinations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control (CDC) website but ultimately each country’s government sets their vaccine requirements and those requirements may at times be different or change from what the CDC mentions. Vaccination, quarantine, or other requirements for entry into or departure from destinations or to participate in specific parts of a trip (including but not limited to cruises) may change after a trip is booked and it is the traveler’s responsibility to conform to whatever requirements exist at the time of the travel. Vaya does not have control over vaccination requirements established in destinations or by providers of the services that make up the trip, and does not have control over whether staff and crew or other people you will interact with have been vaccinated or tested for any specific conditions.
Disinfection: Most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture, or the environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, you can visit the U.S. Department of Transportation website.
By offering reservations for travel in particular international destinations, Vaya does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to be aware of travel warnings and advisories as announced by the U.S. State Department. Should you choose to travel to a country that has been issued a travel warning or advisory, Vaya will not be liable for damages or losses that result from travel to such destinations.
We recommend that all our travelers purchase a travel insurance policy that includes coverage for Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel insurance can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections, and baggage loss. Families traveling together can especially benefit from travel insurance, due to the high investment in the trip and the increased risk of one person’s illness resulting in the entire trip being canceled.
If you are interested in purchasing travel insurance, two options are Travelex Insurance Services or World Nomads. Travelex Insurance Services offers a wide range of travel protection plans with a variety of benefits and optional upgrades. World Nomads offers more economical policies providing coverage for covered reasons up to a maximum of $10,000 for travelers less than 70 years old but has no coverage for pre-existing conditions. You can also view the details of Travelex’s plans by visiting the Travelex website. You can view the details of World Nomad’s plans by visiting the World Nomads website. If you want to shop around to compare coverage and rates, InsureMyTrip.com is a good website for comparing prices from several insurers. Vaya is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans, and cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, please call your insurer or insurance agent or broker.
Please note: Insurance coverage varies by plan, and each plan has specific language related to what is a covered reason for any type of reimbursement and what is not. Vaya Adventures does not recommend any specific travel insurance plan as there are many available, and our general opinion is that they tend to be quite similar in what they cover. Whether a particular plan is the “best” plan for your needs is only clear in hindsight based on the specific circumstances. For specific details related to what may be covered and what may not be covered for any plan you may be considering, please speak directly with the insurance company. Once purchased, we always recommend speaking with the insurance company about your situation before any final decisions are made relating to trip cancellation, postponement, or other changes where you may be expecting some sort of reimbursement. This way you can make an informed decision on whether your specific policy provides coverage or not.
Declining travel insurance could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without insurance, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate insurance coverage, we will not be liable for any of your losses for which insurance coverage would otherwise have been available. If you choose to purchase travel insurance, Vaya will not be liable for any losses related to denied claims or approved claims resulting in partial coverage.
Release of Liability/ Non-Responsibility
These paragraphs further define our responsibility with respect to all of our trips. Please read them carefully.
Participation on your chosen trip represents your acceptance of the following terms and conditions: I acknowledge that I have voluntarily applied to participate in the trip I have chosen (or to any trip to which I transfer). I understand and hereby acknowledge that there are inherent and other risks involved in trips and activities of this kind and I freely and voluntarily assume those risks. These risks include, but are not limited to: forces of nature, including but not limited to weather; physical exertion for which I am not prepared; any and all risks associated with vehicle collisions or road accidents of any kind; any and all risks related to physical activities including but not limited to snorkeling, rafting, hiking, scuba diving, horseback riding, sea kayaking, and any other physical activity; criminal activity; high altitude; transportation failures; any and all risks associated with food and impure water; any and all risks associated with illnesses or disease; quarantine for health or other reasons; civil unrest; terrorism; consumption of alcoholic beverages; accident or illness without rapid access to medical supplies or services; the adequacy of medical attention once provided; and lost or misplaced luggage.
I understand that changes to the planned itinerary may occur as a result of local circumstances or events, and I accept changes to the amenities, route, guides, type of transport, and schedule that may be necessitated by these local circumstances and events, including but not limited to mechanical breakdown, strikes, illness of guides or other factors that make a guide unavailable, weather, flight cancellations, or other unforeseen problems. Vaya Adventures or the operators of your trip reserve the right to substitute hotels, vessels (including for charters), or guides from those indicated in the itinerary if necessary.
I understand and acknowledge that the services provided in connection with Vaya Adventures’ itineraries, including hotel accommodations, restaurants, cruises, transportation, and all other services, are purchased from various independent suppliers that are not owned or operated by Vaya Adventures and over which Vaya does not have control. All services, tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier. All customers agree that neither Vaya Adventures, nor its employees, agents, or representatives, are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Vaya Adventures.
I understand and accept that I will not hold Vaya Adventures liable for any actions taken by any local travel providers, including but not limited to destination management companies, vessel companies, and any other outfitters that provide all of the services that make up the trip I am participating in. I understand that Vaya Adventures has no right to control these suppliers’ operations and agree that Vaya Adventures will not be liable for any act or omission of any of these independent suppliers or any third party. I expressly agree that Vaya Adventures, and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, damage, loss, injury to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Vaya Adventures is a booking agent and does not control the operations of the suppliers that provide the services that make up the trip and I will not hold Vaya responsible for the actions of those suppliers or the failure to perform of those suppliers. Each of these passenger conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided.
I understand that travel in the destination to which I am going involves an increased level of risk from travel in the United States and that safety standards and travel conditions are different than they are in the United States. I also understand that Vaya Adventures reserves the right to take photographic or film records of any of its trips, and may use any such records for promotional and/or commercial purposes.
Where the guest occupies a motor coach seat fitted with a safety belt, neither Vaya Adventures nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
Any high-risk activities involve a greater amount of risk and that risk is assumed by the traveler. High-risk activities include but are not limited to things such as diving, horseback riding, mountain climbing, scuba diving, swimming, etc. Activities carried out in remote regions (such as the polar regions, the Amazon, high mountain locations, and more) involve an even higher level of risk. Vaya Adventures is not liable for any injury or death resulting from participation in such an activity during your trip.
Vaya Adventures is not liable for any injury or death from any form of transit or transportation, (including but not limited to commercial airlines, noncommercial airlines, small planes, helicopter, zodiac rides, cruises, buses, trains, cars, or any other form of transit or transportation).
Trip Member’s Responsibility
Trip members are responsible for selecting a trip appropriate to their abilities, communicating any special needs to Vaya Adventures prior to commencement of the trip, and for being in sufficient good health to undertake the trip without posing a risk to themselves or others. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. It will also enable us to make sure you receive the relevant level of assistance when you fly. Full details must be confirmed in writing at the time of booking and whenever any change in the condition or disability occurs. Vaya will make all reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
The tour guides and tour leaders are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with. Participants with disabilities must notify Vaya in writing no later than the time of booking of status and of the identity of their travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel. Trip members are also responsible for bringing the appropriate clothing and equipment for their trip.
If you have special dietary restrictions, you must notify us. However, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, Vaya and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels and airlines of your request but we cannot guarantee their availability.
Each participant is expected to act responsibly and adhere to all behavior guidelines established by Vaya and our local suppliers. We and our local guides and suppliers reserve the right to remove any traveler from any trip if that traveler endangers himself or others or disrupts the general well-being of the trip itself, and in any such case there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Vaya is not responsible for any costs incurred concerning a guest removed from a vacation/holiday. Guests agree not to hold Vaya or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant. Vaya is not responsible for any loss relating to baggage or personal possessions of any kind.
Your Acceptance of these Terms and Conditions
By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any third party supplier that are applicable to your booking and travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel-related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You agree that “chargebacks” will not be used to try to recoup any funds you have paid related to your trip.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings.
You acknowledge and agree that we may change these terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel and agree that it is your responsibility to be familiar with these terms and conditions.
From time to time we may contact you by mail or email with information about special offers or trips. If you do not wish to receive such information, please notify us.
Changes to Published Itineraries
Vaya Adventures reserves the right to make changes to its published itineraries before a booking is made. These changes will be made in the interest of improving the itinerary for the clients. If significant changes have been made to a published itinerary prior to reserving, the client will be informed of those changes upon reserving.
The price of the trip includes local ground transportation, local accommodations as indicated in the itinerary, meals as indicated in the itinerary, in some cases domestic and regional flights as indicated in the itinerary, guiding services as indicated in the itinerary, and most park entrance fees. Costs not included in the price are some meals as noted in the trip itinerary, soft drinks and liquor, medical expenses, costs of hospitalization or evacuation, laundry, airport departure taxes, accommodations en route to the destination, visas, international airfares, gratuities, and insurance. This list is illustrative and not a complete list of every item not included. Please note that if a trip must be extended or an itinerary modified due to weather, road conditions, lack of transportation, political or civil disputes, medical emergency or other causes beyond our control, the associated costs including any non-recoverable costs are not included in the trip rates or refunds. In such circumstances it is your responsibility to pay directly for actual extra costs in the field (such as food, transport, accommodations, and any other additional services).
Vaya Adventures is not responsible for any airline penalties or fees resulting from changes or trip cancellation once airline tickets have been issued. Vaya Adventures is not responsible for any forfeiture that results due to any inability to obtain airline tickets that allow you to participate on a reserved trip. It is your responsibility to make sure that all flights you purchase coincide with the trip itinerary. Please note that all airfare on our trips is subject to change without notice until tickets are issued. PLEASE NOTE: If due to unforeseen circumstances your trip should be delayed or canceled, please bear in mind that many budget airfares carry major restrictions and in many cases are nonrefundable; may only be valid on the carrier listed (i.e., non-endorsable); may require advance purchase; may only be valid for specific travel dates or times; and/or may involve traveling by an inconvenient route.
If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by the laws of the state of California without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Vaya no later than sixty (60) days after the completion of the Vaya vacation. Guest claims not submitted and received within this time shall be deemed waived and barred.
California Seller of Travel
California Registered Seller of Travel #2088770-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
Thank you again for traveling with Vaya Adventures. We very much appreciate your business and hope you are looking forward to your trip!