Terms and Conditions
These Terms and Conditions (hereinafter, the “Agreement”) is a binding contract that governs the relationship between you (hereinafter, “You” and “Your”) and 1001Worlds LLC, a New York Limited Liability Company with offices in Ridgewood, Queens, NY 11385, USA (hereinafter, “1001Worlds LLC,” “Us,” “We”, and “Our”). 1001Worlds LLC arranges travel experiences for clients. Any person wishing to make a booking must carefully read, understand, and accept the Terms and Conditions that follow. All 1001Worlds LLC tours are bound by these terms, and acceptance of these terms must be received by 1001Worlds LLC in order to complete registration for any tour. By making a booking with 1001Worlds LLC, you assent to the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, you may not make a booking with Us.
Contract and Deposit
All bookings are made with 1001Worlds LLC. You must complete an online booking form, accept on behalf of all your party the terms of these booking conditions and pay a non-refundable deposit of US$300 per person, per tour. If You accept the terms of this Agreement on behalf of another person or group of persons, You hereby warrant that you are authorized to so accept the terms of this Agreement. By paying the US$300 you acknowledge that you have read and agree to the following terms and conditions. No contract shall exist between Us and You until the specified deposit has been paid and Your requested booking made on the booking form has been confirmed in writing by Us (‘the Confirmation Invoice’). Payment of the balance of the trip price is due sixty (60) days prior to the scheduled departure date. If Your booking is made within 60 days of the scheduled departure date then the full amount is payable at the time of booking. The services to be provided are those referred to in your booking Confirmation Invoice.
Cancellation by You
In order for a cancellation to be effective, it must be given to 1001Worlds LLC in writing. All such cancellations will be effective on the date the written notification is received and acknowledged by Us.
If You cancel a trip, regardless of the cause, the following terms will apply:
60 days or more: We retain 100% of the deposit, and no further payments will be due.
30-59 days prior to departure: We refund 50% of the full tour price.
Less than 30 days prior to departure: We will not refund any part of the tour price.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation penalties in certain circumstances. If You leave the trip for any reason after it has commenced we shall not be obliged to make any refunds for unused services.
Cancellation by 1001Worlds LLC
In the event that the tour is cancelled due to circumstances beyond the control of 1001Worlds LLC, We shall not be liable for any loss to You. We may cancel a trip at any time prior to departure, if for any reason including without limitation, natural disasters, political instability, terrorism or other external events, it is not viable for Us to operate the planned itinerary. If We cancel a trip, You may elect to have us hold money You have paid for credit toward a future trip, or You may request a full refund of all monies paid to Us prior to cancellation, including the deposit. The same policy applies to groups that don't have 6 fully paid travelers 4 weeks before departure. In case of failure of the client to pay the final balance, we will consider this as a cancellation by the client, and hence keep the deposit.
We shall not be responsible for any incidental expenses of any kind that You incur as a result of your booking including without limitation, visa fees, vaccination fees or non-refundable flights. We reserve the right to make any alterations, additions, or omissions of any kind to the program, at any time, when in Our opinion such changes are necessary for the comfort and wellbeing of the group.
Limitation of Liability
We will accept liability only for the negligence of Our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is required under the applicable law.
In other circumstances, We are responsible to you for the proper performance of this contract. This acceptance of liability is notwithstanding any other provision of this Agreement.
Under no circumstances shall 1001Worlds LLC be responsible for any liability, loss or damage caused by You, any airline, hotel or other accommodations, conveyances or any third party, whether or not contracted by 1001Worlds LLC. 1001Worlds LLC shall not be responsible for errors, delays, failures or omissions, under this Agreement, due to any cause beyond its control, the consequences of which could not have been avoided even if all due care had been exercised. This is including but not limited to, employee, subcontractor acts and/or omissions, labor disturbances, riots, fires, earthquakes, floods, storms, climate, lightning, epidemics, war, disorders, hostilities, border closure, refusal of visa, expropriation or confiscation of properties, failure of and delays of carriers, interference by civil or military authorities or other matters of a similar nature and any other force majeure.
Any money damages due to You shall be limited to the price paid for the tour. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases We specifically disclaim all liability for indirect, incidental, contingent or consequential loss or expense including loss of profits. The making and acceptance of the final payment shall constitute a waiver of any and all claims, known or unknown, liquidated or contingent, by the client against 1001Worlds LLC.
Where Your trip arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974, and Paris Convention 1962. No compensation is payable by Us for flight difficulties of any kind.
You are solely responsible for making Your own arrangements to arrive at or depart from the designated assembly point, 1001Worlds LLC hereby disclaims all liability whatsoever and howsoever arising in respect therefore.
Our acceptance of liability herein is subject to assignment by You of Your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or Your death or personal injury.
1001Worlds LLC makes no express warranties herein, and hereby expressly disclaims all warranties of any kind, including the implied warranty of merchantability and any warranty of fitness for a particular purpose, implied or express.
Itinerary, Flexibility, and Authority on the Tour
Change of Itinerary
We reserve the right to change the trip itinerary. Information given on the website, in leaflets and advertising is given in good faith by Us, and is based on the latest information available at the date of publication. Please refer to Our website before departure for the most recent updates.
If We make a Material Change to Your itinerary We will inform You as soon as reasonably possible if there is time, in our sole opinion, before departure. A Material Change is a change in Your itinerary that We make for reasons that are completely within Our control, and that substantially deviates from the planned itinerary. Changes shall only be considered as Material Changes in our sole discretion, and in no case will a change made for reasons of force majeure (e.g. Acts of God, civil war, etc.) be considered a Material Change. When You are notified of a Material Change, You may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered at an equal or lesser price.
We reserve the right to change an itinerary after departure due to local circumstances or events outside of Our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by You. We shall not be responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
Flexibility and Small Groups
You appreciate and acknowledge that the nature of this type of group travel requires considerable flexibility and that You should allow for occasional changes. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, and will depend on the group as well, since We opt for a participatory way of travelling. For that reason, We work with small groups, with a maximum of 11 people, excluding the tour leader and other guides.
It must be clear that our way of travelling allows changes in the program suggested by the group, with the consent of the tour leader. This however will also depend on premade bookings and reservations that might not be altered.
The Tour Leader and Authority on the Tour
The tour leader is responsible for helping the group to decide on the program and to make suggestions. The tour leader also takes care that the terms and conditions of 1001Worlds LLC are respected. The program is flexible, because we want to give You the ability to make the most out of Your trip by letting You choose as much as possible. Not everything has to happen with the group, but events such as daytrips are organized communally, and hence need group decisions about the hour of departure, etc. Since this is a group trip, it also means at times You'll need to make some compromises. In all cases, it's the tour leader who will make the final decision in his or her sole discretion after consulting with the group. Make sure that You direct any complaints, doubts and disagreements as soon as possible to the tour leader, so that he or she can find an appropriate solution.
The decision of the tour leader is final on all matters likely to affect the safety or wellbeing of any person participating in the trip. If You fail to comply with a decision made by a tour leader, or interfere with the well-being of the group (for physical or mental reasons), the tour leader, after consulting the 1001Worlds LLC staff, may order You to leave the trip immediately, with no right of refund.1001Worlds LLC will only take this step after careful consideration. You shall at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
Prices and the 1001Worlds LLC Price Promise
Prices and programs are valid from January 1st 2014 until December 31st 2015. Beyond December 31st 2015, prices and programs are indicative only.
Price Inclusions and Exclusions
The Price includes:
All accommodations, unless otherwise specified in the program on Your invoice
All transport as listed on Your invoice, including airport transfers, but excluding non-group related transport during non-scheduled group activities and free time
The services of the tour leader and of 1001Worlds LLC
The Price Does Not Include:
International or internal flights unless specified
Airport taxes and excess baggage charges unless specified
The meals and activities
Visa and passport fees
Optional activities and sightseeing and all personal expenses
In case of a non-prescheduled trip, but one initiated by You (the Dynamo feature on our website), We make the following provision: The one who starts the group, i.e. the one who picks a date and destination, gets 150 USD discount if she/he can gather 5 more people for a trip, or if at least 5 more people join. If not, he or she can join another existing group.
The 1001Worlds Worldwide Price Promise
With 1001Worlds, you needn't worry about currency fluctuations or rising fuel prices spoiling your holiday. We promise all clients that once they have booked and paid in full for their tour, that we won't come back and ask them for more. Once we receive Your full payment, Your tour Price is guaranteed, regardless of exchange rates or fuel price changes, leaving you with the peace of mind to relax and look forward to your holiday.
Our trip prices are based on currency exchange rates as of June 2014. We reserve the right to impose surcharges before the full Price is paid due to unfavorable changes in exchange rates, increases in transportation costs, increases in local operator costs, taxes, or if government action should require Us to do so. In such instances We will be responsible for the first 2% of the additional costs and You will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip Price You may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
Necessary documents, insurance, health, unsuitability, immunization and risks
Passports and visa
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which You will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is Your responsibility to ensure that you are in possession of the correct visas, permits and certificates for Your trip. We shall not be responsible if You are refused entry to a country for any reason.
You agree that prior to any trip, you will obtain travel insurance with a minimum medical coverage of US $100,000. This insurance must cover against personal accident, death, medical expenses, emergency repatriation and personal liability. We strongly recommend that the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by 1001Worlds LLC or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of nature are not reimbursable. 1001Worlds LLC cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by 1001Worlds such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
You acknowledge and agree that the cost of Your trip does not include insurance, and that You are required to obtain separate coverage at an additional cost to You. When obtaining travel insurance the customer must ensure the insurer is aware of the type of travel to be undertaken.Notwithstanding other provisions of this Agreement, and subject to applicable law, Your failure to purchase travel insurance waives all liability of 1001Worlds LLC for damages that would have been covered by travel insurance. In the event that 1001Worlds LLC makes a refund for any reason for damages covered under an insurance policy, the holder of the insurance policy hereby agrees to assign all insurance claims to 1001Worlds LLC or their appointed representative. You agree to assist in any reasonable way 1001Worlds LLC or their appointed representative in all claims against the insurance company, including, but not limited to signing an assignment of claim, depositions, answering correspondence by mail and phone, appearance at court hearings, etc.
You hereby confirm and represent that you are in good health. Any client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs, or other cause of treatment that may be required during the tour. Such a client would be required to provide a medical statement from a general practitioner or other doctor to confirm that they are fit to travel.
Unsuitability of the client
If We in our sole discretion determine at any time before or during a tour that you are unsuitable for that tour, We may cancel Your booking or remove You from the tour at any time. In the event that we cancel Your booking under this section, no refund shall be given, and We shall not be responsible for any expenses you incur for continued travel.
You shall take all immunizations as are required or generally recommended in relation to the countries due to be visited. For some countries a valid certificate of vaccination against certain diseases may be recommended or required. Full details are set out in this brochure. In addition, We recommend that anyone travelling overseas be immunized against typhoid, polio, tetanus and hepatitis, whether required or not. When travelling to more than one country additional vaccinations may be required. Professional medical advice should be sought regarding inoculations.
Acceptance of risk
You acknowledge that the trip may involve a degree of personal risk. You will be visiting places where the political, cultural, and geographical attributes may present dangers greater than those present in Your daily life. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, this information differs from foreign department to foreign department. It is your own responsibility to acquaint yourself with all possible relevant travel information and make your own decision. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you assume the personal risks attendant upon such travel. Upon your request, we can provide you with information links.
You agree to accept all risks involved with entering non-U.S. countries, and You agree to release Us and hold us harmless for any damages incurred by Your entry to any such countries. You acknowledge and agree that although We do not organize or operate trips to countries where such a trip would be unlawful, some of Our trips may include travel to countries that for example the United States Department of State urges Americans/travellers to be cautious about entering.
Errors, omissions, claims and complaints
Errors and omissions
Although We have made a concerted attempt to verify the accuracy of statements made in Our trips documentation on our website We shall not be held responsible for any error, omission or unintentional misrepresentation that may occur.
Claims and complaints
If You have any complaint about Your trip please inform the tour leader or our local representative at the time so that We can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint must be put in writing to us within thirty (30) days of the end of the tour.
Entire Understanding, Choice of Law
This Agreement contains the entire understanding of the parties hereto (final and integrated) with respect to the subject matter hereof and the transactions contemplated hereby. This Agreement supersedes all prior and concurrent oral statements and representations and is the final and integrated intent of the parties. This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. This Agreement shall be interpreted and enforced in accordance with the substantive and procedural laws of the State of New York. If there is a determination by a court of competent jurisdiction that one or more of the Agreement clauses are found to unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses found to be unenforceable.
Waiver, Jurisdiction, Attorney's Fee
No act, omission or delay by 1001Worlds LLC in enforcing any right under this Agreement shall waive any right under or breach of this Agreement by You. 1001Worlds LLC’s waiver of a breach of any provision of this Agreement with respect to the Customer shall not operate or become construed as a waiver of any subsequent breach by the Customer. Any and all claims by You against 1001Worlds LLC shall be brought within two (2) years from the date of the occurrence or the date by which 1001Worlds LLC completed its services, whichever is earlier. For any controversy or claim arising out of, or relating to this Agreement, or its breach, all parties shall submit and not object to jurisdiction and venue in the New York City Supreme Court, State of New York. The parties agree to waive the rule of construction, which construes the Agreement against the drafter thereof. Should it be necessary for 1001Worlds LLC to contact an attorney to enforce the terms of this Agreement, 1001Worlds LLC shall be entitled to attorneys' fees and costs (including the fees and expenses of expert and fact witnesses) reasonably incurred or made by 1001Worlds LLC in its collection efforts prior to suit, preparing for suit, during suit, on appeal, on petition for review, and in enforcing any judgment or award, from the party or parties who do not substantially prevail. You shall also be responsible for any of 1001Worlds LLC's costs in sending Your account to collection.
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) by certified mail, postage prepaid, return receipt requested, or (b) by email, and such notices shall be addressed as follows:
The terms contained herein shall take precedence over any inconsistent or contradictory terms contained in any proposal, invoice, purchase order or other document regarding 1001Worlds LLC's services. All terms and conditions of this Agreement shall survive the completion of 1001Worlds LLC's services to You and/or any termination of the parties' relationship.