TERMS & CONDITIONS BUSHMAN-PHOTOGRAPHY
RESPONSIBILITYBy booking or participating in a tour and any related products or services provided by SAC NOMADS SA DE CV. (“Bushman” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”)
BUSHMANBUSHMAN (as defined herein) will provide educational enrichment activities for photographic expeditions as outlined in its catalog and on its website (www.bushmanphoto.com) and has licensed qualified professional tour operators to organize and administer such expeditions. The designated tour operator, in turn, acts only as an agent for any transportation carrier, ground operator, or other suppliers of services connected with specific Expeditions (“Other Providers”), and the Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time participants are not aboard their conveyances.
BUSHMAN and its designated tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a BUSHMAN tour. BUSHMAN reserves the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants. Baggage and personal effects are at all times the sole responsibility of the participant.
THE BOOKING CONTRACTYour booking is confirmed and a contract exists when BUSHMAN or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
PRICES, SURCHARGES AND TAXESThe published price of the Tour and any products or services offered by BUSHMAN is subject to change at any time, before or after booking confirmation, up to 30 days before departure. Tours are priced and advertised exclusive of applicable sales taxes. After a confirmation invoice has been issued by BUSHMAN.
VALIDITYAll dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms. You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
FINAL PAYMENT & ACCEPTANCE OF BOOKINGThe confirmation sent by BUSHMAN or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked will be paid to the staff on your pick up prior to departure.
If full payment is not received before departure the booking will be treated as canceled and retain the deposit paid on booking as a cancellation fee.
BUSHMAN is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to BUSHMAN.
CANCELLATION BY THE PARTICIPANTYou may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the canceled Tour, product or service.
Cancellation of a Private Tours, (One-day experiences) charges apply as follow: (a) Cancellation received 48 hours or more before departure will generate a nonrefundable administrative fee of 50% of total cost or deposit - whichever is the greater amount (b) Cancellation received 48 hours before departure will not be refunded.
Cancellation of a Long Journey, (Experiences longer than one day) charges apply as follow: (a) Deposit is nonrefundable at any time (b) Cancellation received between 6 and 3 months before departure will generate a nonrefundable administrative fee of 50% of payments done (excluding the nonrefundable deposit) (c) Cancellation received less than 90 days before departure will not be refunded.
EligibilityAnyone under 16 must be accompanied by a parent or guardian for the entire Expedition. Some itineraries have minimum age requirements—call for more information. Included in Expedition Cost: meals as indicated in the itinerary (B = breakfast, L = lunch, D = dinner); educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; ground transportation during the PHOTO TOUR; services of BUSHMAN experts and/or local guides, lecturers, Expedition leaders, and any other staff; and taxes, port charges, baggage handling, and service charges. Please note: the “B, L, D” notations apply to the period during the TOUR only.
Not Included:Activities noted as optional in the itinerary; gratuities, unless otherwise noted on the itinerary page; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
Photography:BUSHMAN reserve the right to take photographs or videos during the operation of any PHOTO TOUR or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a BUSHMAN COMPANY, the participant agrees to allow his/her likeness to be used by BUSHMAN, BUSHMAN-authorized third parties, and the tour operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the Expedition. Copyright in all photographs, video, and related materials created by the participant (“BUSHMAN Materials”) shall belong to the participant upon creation. The participant grants to BUSHMAN non-exclusive, worldwide, irrevocable license to use any BUSHMAN Materials provided to BUSHMAN and/or the tour operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of BUSHMAN travel programs, or promotion of the mission of BUSHMAN.
Dispute Resolution:If the participant has a complaint, he/she should first inform the tour operator or local guide while on the BUSHMAN so that the tour operator or BUSHMAN leader can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to BUSHMAN within 30 days of the completion of the tour operator.
Itinerary Changes:The itineraries and staff presented in the catalog or on the website are subject to modification and change by BUSHMAN or its designated tour operator. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
Documentation:Participants are responsible for obtaining any documents required for their participation in the BUSHMAN PHOTO TOUR such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
Health Requirements:Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. BUSHMAN encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain TOUR may require that the participant obtain medical consent prior to departure as a condition of participation.
Liability:The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for
(A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and
(B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
Force Majeure:The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or warlike operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”
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