By making a payment to Español Tours, LLC (“ET”, “we”, or “Us”) or participating in a trip that we arrange (the “Tour”), you agree to these terms and conditions. Thank you for selecting ET as your tour operator for your trip. To ensure you understand the terms and conditions, please read the following. It is important that you understand these terms as they form a contract between you and ET.
1. DEPOSIT AND PAYMENT POLICY Respect tours of one week a non-refundable deposit of $500 per person is required to confirm a reservation; itineraries of one week or more require a non-refundable deposit of $750 per person. Full payment is due 90 days prior to travel.ET will accept the following credit cards: Visa, MasterCard, American Express, and Discover. You may wish to notify your bank when making large payments to inform them of the amount to be charged on your card. Debit cards may also have a daily limit; please contact your debit card provider. ET will also accept checks. Check payments should be made payable to ESPAÑOL TOURS and mailed to ESPAÑOL TOURS, 21 BOOTH COURT UNIT B GREENWICH CT 06830 (Note: There is a $50 service charge for NSF checks. Money order or cashier’s check is preferred)Reservations made within 21 days of departure require a credit card, money order, or certified check. We highly recommend that payments for any booking made within 21 days of departure be sent Express Mail to the above address. Your reservation will not be confirmed until payment is received. 2. CANCELLATION FEES Once confirmed, your deposit is nonrefundable. If you choose to cancel, we must receive written notice of said cancellation either via certified mail, overnight courier, or e-mail sent to ET specialist (with a confirmation of receipt from us). The following cancellation and supplier fees apply: 89–61 days prior to departure: 25% of the package price plus supplier fees. 60–46 days prior to departure: 50% of the package price plus supplier fees. 45–day of departure: 100% non-refundable. 100% cancellation fee for no shows or if cancellation is made after travel is scheduled to begin. No refund for unused portions of the trip. Supplier cancellation fees may be assessed in addition to the change/cancel fees stated above. Other Vacation Cancellation Fees: Deposits and cancellation fees will vary on ALL packages and products and will be confirmed at the time of booking. Other vacations fully operated by a third party and privately owned trains, airlines, buses, hotels, restaurants, museums, park, attractions and others may have varying deposit requirements, cancellation fees and terms and conditions which will be confirmed at time of reservation or are available in advance by calling ET at 1-833-888-8897.In addition to the cancellation fees in Section 2, if you are a no-show, you will incur a cancellation fee equal to 100% cancellation fee. If a flight, rail, or other delay for any reason prevents you from joining the Tour on the Tour start date, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future Tour, but you may join the Tour late if you wish. Supplier cancellation fees may be assessed in addition to the change/cancel fees stated above. If any portion of your trip has been paid with a GIFT CARD from either ET or a supplier, and a trip is cancelled, no refund in cash will be returned in lieu of the voucher. The voucher will be held by ET until the original expiration date. 3. CHANGE FEES Date changes to existing reservations following full payment are considered a cancellation and rebooking. Name changes are not permitted. A name change is considered a cancellation and rebooking. A fee of $50 per person plus any supplier fees and price increases will be charged for all other changes. In some cases, supplier fees may be 100% of the services provided. 4. PRICE GUARANTEE ET recommends that you pay in full at the time of booking. Once full payment is received, your purchase price is guaranteed. 5. TRAVEL DOCUMENTS Travel documents are sent to you or your Travel Agent approximately 14 days prior to your departure, provided your reservation is paid in full. 6. TRAVEL INSURANCE. We strongly recommend that you purchase a travel protection plan to cover all non-refundable trip expenses, trip delay and interruption with return transportation and a medical evacuation policy. Travel insurance is available through third-party travel insurance companies, and limits vary by insurer and policy purchased. Insurance will cover most losses, but coverage may vary. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. 7. SAFETY ET will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. You agree that you will hold ET harmless regarding any provision of medical care or the adequacy of any care rendered. No weapons of any type are permitted on ET vacations at any time. This includes, but is not limited to, firearms, knives, mace, brass knuckles, and other weapons of any type. 8. TRAVELERS WHO NEED SPECIAL ASSISTANCE ON TOUR. Attime of reservation, you must report to ET any special needs while on tour. ET will make reasonable attempts to accommodate special needs and disabilities but is not responsible in the event it is unable to do so nor responsible for any denial of services by rail carriers, air carriers, hotels, restaurants, or other independent suppliers. ET does not provide personal services (such as pushing a wheelchair, assisting with walking, moving or assembling mobility equipment etc.) and ET does not provide individual assistance to a vacation participant for walking, dining, getting on and off coaches, trains, cruise ships, and other vehicles, or other personal needs. A qualified and physically able companion should accompany travelers who need such assistance. In the event you fail to notify ET at the time of the reservation of any special needs or disabilities requiring special attention, ET reserves the right to cancel your booking or terminate your vacation in its sole discretion, if your special needs or disabilities are not suitable for the vacation, pose a threat to the health and safety of other participants or ET staff, or if you are not traveling with a companion who provides all the assistance you require. ET will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the vacation. Cancellation penalties as applicable to your vacation shall apply. Not all sightseeing stops/sites, transportation, hotels, lodges and other components of your vacation are accessible for people with special needs or are required to comply with the Americans With Disabilities Act (ADA), and some locations and sightseeing activities require extensive standing, sitting, climbing stairs, or walking—sometimes on unpaved or cobblestone streets. ET will not refund or cover any cost or expense incurred for any missed activities due to a participant’s inability to fully participate with the group. The ADA is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring motorcoaches, are not equipped with wheelchair ramps. 9. MEDICAL PROXY. If you are unable to authorize your own medical attention and treatment, you authorize us or our subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release us or them from any liability for medical attention authorized by us or them on your behalf. We assume no liability regarding provision of medical care or evacuation services. Any of our staff or subcontractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a Good Samaritan.10. POSTPONEMENT, CANCELLATION OR TOUR INTERRUPTION. We reserve the right to cancel or postpone the Tour for reasons beyond our control including any event named in the Risks of Travel section below. You may transfer your booking to a later date, or we will provide you with a future travel credit (FTC), for some or all monies you paid to us, toward a future Tour arranged by us during the 18-month period after we notify you of the postponement or cancellation. If you choose to transfer your booking, the new Tour will be subject to the terms and conditions of this agreement. Except as set forth in the foregoing paragraph we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever. If, for reasons beyond our control including any event named in the Risks of Travel section below, a Tour in progress must be interrupted or cancelled, we will, at our sole discretion, provide you either an FTC or refund in the amount of the refund we receive from our suppliers. 11. ITINERARY CHANGES. We will make commercially reasonable efforts to keep the itinerary as it has been published; however, the final itinerary may vary due to Supplier schedules, availability, and factors beyond our control. We may in our sole discretion substitute services of similar quality for any service stated in the itinerary. 12. TRIP DELAY Train travel, as well as other forms of transportation, is subject to delays and service disruptions. ET is not responsible in whole or in part for any delays, delayed departures or arrivals or missed carrier connections or for the loss of any purchased services that cannot be used as the result of delays or service disruptions. ET strongly encourages purchasing travel insurance against trip delay and trip interruption. 13. PRICES AND ADDITIONAL INFORMATION Prices are subject to change without notice, and all reservations are based on availability. Prices listed are quoted in U.S. dollars, per person. Holiday, peak travel periods and bookings less than 30 days prior to departure, may require a surcharge and may be subject to special payment and cancellation conditions. Advertised promotions are not retroactive to existing bookings. National Park Fees for independent travel are not included in the cost of the reservation. They are your responsibility and are purchased at the applicable National Park. Transportation services do restrict the size of baggage along with the weight. Information on baggage is available upon request from ET. You are responsible for complying with transportation service baggage restrictions. Tour prices do not include gratuities, baggage handling, excess baggage charges, fuel surcharges, items of a personal nature, items not specified as included in the itinerary description, and all other incidental charges. Where rental cars are available, the rental does not include state and local taxes, airport fees, loss damage waiver (LDW) and other insurance, gasoline and surcharges for drivers under the age of 25 (where applicable). Additional fees may apply for one-way car rentals and are paid locally. All amenities shown for a particular hotel property may not be available in every room category. Special room requests, including bedding requests, will be communicated to the applicable party but cannot be guaranteed. ET reserves the right, at any time, to substitute comparable alternate accommodations and the right to pass along any additional costs charged by our suppliers. In the event of a technical or clerical error in a published price, service or feature, ET reserves the right to cancel your reservation and provide a refund for your reservation, including after your reservation is confirmed. 14. INTERNATIONAL TRAVEL (Passports, Visas and Identification)You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months or more after your date of entry. Some countries will not admit persons convicted of a crime. Some countries require both parents’ consent for minors to travel. 15. AGENT FOR SUPPLIERS We act as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, bus operator, railroads, or other service provider named in your itinerary or confirmation (“Suppliers”). We are not responsible for the acts or omissions of the Suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the Suppliers. We have no responsibility for car accidents caused by you or any other person or entity. 16. RISKS OF TRAVEL AND RELEASE We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, weather hazards, or contraction of or exposure to an infectious disease, bacteria or virus including COVID-19. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country. YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THE TOUR OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE. 17. LIMITATION OF LIABILITY. NEITHER ET LLC NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OR NOT ESPAÑOL TOURS, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OUR SERVICES OR THE VACATIONS. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO ANY VACATION EXCEED THE FEES PAID BY YOU TO ET, LLC FOR SUCH VACATION. THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.ET MAKES NO IMPLIED OR EXPRESS WARRANTIES IN THE OFFERING OF ANY VACATION DESCRIBED. 18. CREDIT CARD MERCHANT. We are the merchant on your credit card transaction. Please bear in mind that our services consist of facilitating the sale and paying the Suppliers. If a Supplier does not provide the service or ceases operations, your recourse is against the Supplier, not us. You agree not to initiate a chargeback against us or a refund request that is not authorized by this agreement and to pay any and all legal fees incurred by us in disputing any such claim for refund. 19. CLAIMS DEADLINE, GOVERNING LAW, AND EXCLUSIVE JURISDICTION. You agree to present any claims against us within 30 days after your Tour ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. This agreement is governed by the internal substantive laws of the State of CONNECTICUT, without regard to its conflict of law’s provisions. You agree that the courts in Hartford, Connecticut will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.