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Terms and Conditions

Swain Destinations Terms and Conditions

Please read these terms and conditions carefully prior to submitting payment. By checking the box indicating that you accept these Terms and Conditions, you agree and consent to each and all of these Terms and Conditions. These Terms and Conditions apply to all services provided by Swain Australian Tours (2003), Inc. doing business as Swain Destinations (collectively “Swain”).

A. Limited Principal and Agent Relationship

These Terms and Conditions establish a relationship of principal and agent between you, as principal; and Swain, as agent. As your agent, Swain acts pursuant to your authority and may bind you only to the extent of such authority. Swain may dispose of funds received from you only with your express authorization. By these Terms and Conditions you grant Swain such express authorization for the purpose of booking travel. Swain is also an agent of transportation carriers and other third-party suppliers of services (“suppliers”). All suppliers are independent contractors. When coordinating travel services, Swain receives funds from you and transmits those funds to suppliers. In exchange, suppliers provide you with travel services, which are coordinated by Swain. Swain is a broker between suppliers and customers. Swain receives only a portion of the funds collected from you as a commission, which compensates Swain for services it has rendered to you.

B. Payment Schedule

For airfare arrangements, the full fare must be paid at time of booking. All airfare payments are in addition to the booking deposits for land arrangements.

All travelers must pay a deposit in the amount of 25% of the total land trip cost at the time of reservation and, if applicable, the non-refundable insurance premium. Certain special or customized itineraries may require an additional deposit. Final payment is due 100 days prior to departure. There may be times when the deposit paid will incur penalties imposed by these suppliers due to client trip cancellation or trip amendment. These penalties will be non-refundable to the client.

Festive seasons vary by destination and calendar year. Travel during festive seasons may require an earlier deposit date or increased deposit. This will be advised at time of quote.

C. Cancellations, Revisions and Changes

All cancellation fees are per person. Charges assessed by land suppliers, cruise companies, airlines and third parties are additional to fees. All deposits and money paid is non-refundable. Special event periods may incur event specific, additional penalties. Air-only cancellations incur a $100 penalty in addition to the cancellation penalties of the airfare carrier.

For Travel to all destinations outside of Africa Travel
100 days or more days administrative fee of $500.00 per person will be retained in addition to any payments made to suppliers
99 to 30 days 30% of tour cost plus any incurred supplier fees
29 to 8 days 60% of tour cost plus any incurred supplier fees
7 days prior to, on or after the departure date 100% of tour cost plus any incurred supplier fees

For Africa Travel Only
100 days or more days deposits paid plus any incurred supplier fees
99 to 30 days 30% of tour cost plus any incurred supplier fees
29 to 8 days 60% of tour cost plus any incurred supplier fees
7 days prior to, on or after the departure date 100% of tour cost plus any incurred supplier fees

ALL BOOKING CANCELLATIONS, REVISIONS, AND CHANGES ARE SUBJECT TO TERMS AND LIMITATIONS.
If you cancel 100 or more days prior to departure, the 25% deposit is refundable less $500.00 per person for administrative charges plus any supplier fees paid. There may be times when the deposit paid will incur penalties imposed by these suppliers due to client trip cancellation or trip amendment. These penalties will be non-refundable to the client.

Swain works in tandem with dedicated and trusted Suppliers located throughout our destinations. There may be times when the deposit paid will incur penalties imposed by these suppliers due to client trip cancellation or trip amendment. These penalties will be non-refundable to the client.
Swain will make no refund for elements of a travel package not used by the customer. In all cases, all travelers are solely responsible for charges assessed by land suppliers, cruise companies, and airlines. A handling fee of $50 per person plus any fees charged by the supplier will be charged for any alterations or revisions to a reservation. Spelling corrections to clients’ names after tickets have been issued are subject to airline revision fees. A change of trip date will be treated as a cancellation and new booking and regular cancellation fees will apply.

For air-only itineraries, all cancellations are subject to a $100 Swain processing fee, and are further subject to the terms and conditions of the airline(s).

D. Additional Price and Service Terms

Prices are quoted per person, double occupancy, and do not include some U.S. or foreign government fees and taxes, or airline or airport surcharges. Price does not include airfare unless otherwise stated. Swain reserves the right to cancel a trip, change the itinerary or adjust rates whenever in its sole judgment conditions warrant, or if Swain deems it necessary for your comfort, convenience or safety. Every effort will be made to operate itineraries as planned, but alterations may occur after an itinerary has been finalized. Swain reserves the right to adjust prices due to fluctuations in foreign exchange rates.

Swain reserves the right to substitute hotels of similar quality at any time or to make changes in itinerary of similar quality. Please understand that not all museums and attractions are open every day of the year. Swain reserves the right to vary the sequence of sightseeing and/or to re-route the order of cities if that will enable you to visit all listed excursions.

Swain reserves the right to decline or accept any person as a member of an escorted tour, or to require any participant to withdraw from an escorted tour at any time who presents a significant risk to the health or safety of himself or others, or whose behavior is, in the sole judgment of Swain, unreasonable or inappropriate.

E. Credit Card Payments

Credit card payments are accepted through the Swain website. You state that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate. You authorize Swain to charge the amount you have requested to your credit card. You also authorize Swain to return to your credit card any funds due to you.

Credit card transactions are administered by a third-party service provider. You accept and consent to your personal data being provided to the third-party service provider for sole purpose of offering and administering the credit card transaction.

If a charge is declined or reversed by the credit card issuer or network, you agree to pay Swain a service charge and to reimburse Swain for all reasonable costs of collection and all costs incurred as a result of the charge being declined or reversed. You further agree that Swain may refuse to book travel on your behalf and may terminate any or all services to you.

F. Authority to Contract

You represent and warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the services provided by Swain in accordance with these terms and conditions; (iv) you will only use Swain to make legitimate reservations for you or for another person for whom you are legally authorized to act; and (v) you will inform such other persons about these Terms and Conditions that apply to the reservations you have made on their behalf.

G. Consent to Be Contacted

You expressly consent and give your permission to be contacted by Swain Destinations, its agents, employees, and assigns, including by telephone call, text message, email, at any phone number, email address, or physical address provided to Swain. This express consent and permission extends to calls placed to cellular telephones and any prerecorded messages sent. You may be contacted during your travels and following your travel end date for feedback on your trip.

H. International Travel, Visas and Passports

You acknowledge that you are solely responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas, are in order. A valid passport is required for U.S. citizens traveling outside of the U.S. Passports must be valid for six (6) months after the return of your journey as well as have sufficient blank passport pages for entry and exit stamps. Travelers are advised to consult with their appropriate government authority to determine any necessary documents, allowances and requirements for travel to their intended destination. Many destinations require a visa for U.S. citizens. You may be refused boarding or country entry without liability for refund, payment, compensation, or credit of any kind of you do not have proper documentation. You acknowledge that you are solely responsible for obtaining vaccinations and other appropriate medical care prior to departure. Swain is not a medical authority. Medical advice should be obtain from your travel doctor.

I. Liability Disclaimer & Unconditional Release

You acknowledge that travel carries with it certain risks, including risks which may not be foreseeable, and that you are responsible for your own health and safety. Swain makes no representation or warranty regarding your health or safety during or as a result of you trip. SWAIN IS NOT RESPONSIBLE FOR YOUR HEALTH AND SAFETY.

You agree to hold harmless and release Swain from any direct, indirect, punitive, incidental, special or consequential damages arising out of any acts, errors, omissions, representations, warranties, breaches or negligence by Swain, its officers, directors, agents, or employees.

By arranging travel to particular countries and regions, Swain does not represent or warrant that travel to such areas is advisable or safe, and is not liable for damages or losses that may result from travel to such destinations. Risks such as political instability, crime, terrorism, war, disease, and natural disasters are not confined to particular countries or regions, and may impact travelers anywhere in the world. As such, travelers are advised to seek reliable and timely health and safety information prior to traveling, including from the U.S. State Department’s travel website (http://travel.state.gov/), and the Centers for Disease Control travel website (www.cdc.gov/travel/).

By arranging for particular activities, Swain does not represent or warrant that such activities are advisable or safe, and is not liable for damages or losses that may result from such activities. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips.

Photographs seen in Swain brochures or on Swain’s website may not necessarily depict the same experience that travelers will have due to the very nature of travel. Pictures and descriptions of locations, facilities, and activities do not constitute an implied or express warranty.

The airlines, hotels and other suppliers providing travel, lodging, or other services are not agents or employees of Swain. Swain in no way owns or operates the vehicles or facilities to be used during the trip. Swain is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. This liability falls on the supplier. Swain has no liability in the event of any delay, cancellation, overbooking, strike, terrorism, pandemic, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

If, despite the disclaimers and release above, Swain is found liable for any loss or damage which arises out of or in any way connected with travel arranged by Swain, then the liability of Swain will in no event exceed, in the aggregate, the greater of (a) the fees you paid to Swain, or (b) One-Hundred Dollars ($100.00).

The disclaimers, release, and limitation of liability reflect the purposeful allocation of risk between the parties.

J. Copyright & Trademark Notices

Unless otherwise indicated by us, the Swain website and all content and other materials therein, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, and sound files are the proprietary property of Swain, or its licensors, and are protected by U.S. and international copyright and trademark laws.

K. Disputes with Swain

In the event that a dispute arises between you and Swain in connection with or related to travel services provided to you by Swain, you consent to the jurisdiction of and venue in the Court of Common Pleas of Montgomery County, Pennsylvania, United States. These Terms and Conditions shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

  1. Arbitration: I agree that any dispute concerning, relating or referring to this Agreement, and or my relationship with SWAIN including any advertisement/website description/invoice or any other literature concerning my Trip, the Trip itself, or any claim for damages due to injury or death which occurs during or in connection with the Trip shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in an arbitration conducted in Norristown, Montgomery County Pennsylvania. Such proceedings will be governed by the law of the Commonwealth of Pennsylvania. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of Montgomery County, Pennsylvania and have a minimum of fifteen years experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
  2. WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.

L. Supplier Rules and Restrictions

Many suppliers are likely to impose their own terms and conditions, which are separate and apart from these Swain Terms and Conditions. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the airline, which can be found on the airline’s website.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your hotel booking.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

M. Travel Insurance

As sometimes the unexpected does occur, all guests should purchase some form of travel insurance. Swain Destinations Travel Protection through Arch RoamRight Insurance Company is available for itineraries with a trip cost under $25,000. You can review your state-specific insurance policy and pricing by visiting this link and clicking on Plans to review a description of each coverage plan: https://partner.roamright.com/?agencycode=SwainDestinations. There are three different plan options to choose from On Trip Plus, Pro and Pro Plus. These plans vary by itinerary details, and are available on request. Please work directly with your Travel Consultant to obtain a quote.

For itineraries with a trip cost of $25,000 or above, Swain Destinations Travel Protection or Swain Destinations Preferred Travel Protection is offered through Allianz. These plans vary by itinerary details, and are available on request.

N. Pricing and Itinerary

Swain Destinations does not provide pricing breakdowns of individual services that are included within an Itinerary. Swain Destinations negotiates special contracted rates for our travelers that are contractually confidential.

O. This is a Binding and Complete Contract

This is a binding and complete contract, executed when you electronically indicate that you accept these Terms and Conditions. In calculating the cost of your trip, Swain has relied on your agreement and consent to these Terms and Conditions, and in the absence of these Terms and Conditions, the trip cost would have been higher. Swain expressly disclaims any warranties, representations, or statements contrary to the express terms of these Terms and Conditions.

Consumer Disclosure Notice

Please read the Terms & Conditions carefully, as your deposit and payment for a trip constitutes consent to all conditions and general information contained in this itinerary.