Sunny & Turquoise:
a happy traveling co.
Booking Terms & Conditions
Read carefully. This is a legally binding agreement.
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In consideration of being permitted to participate in a Sunny & Turquoise trip (referred to herein as “trip” or “tour”), I hereby acknowledge, and agree to the following terms and conditions:
All bookings are made with Sunny & Turquoise, an Iowan corporation and the owner of all of its advertised itineraries (“Sunny & Turquoise” “we,” or “us”). By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (individually, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Sunny & Turquoise with respect to any and all bookings, reservations, trips, or transactions made with Sunny & Turquoise. By signing this Agreement, you also agree to our Code of Conduct, which is available at the following link.
All Travelers must be 18 years of age or older to travel with Sunny & Turquoise unless they are accompanied by an adult.
I. Insurance Requirements
It is mandatory that all Sunny & Turquoise travelers provide proof of current travel insurance before the trip begins. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an Sunny & Turquoise trip be canceled, postponed, interrupted, rescheduled, for any reason, whether voluntarily by you or as a result of Sunny & Turquoise's actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Sunny & Turquoise's requirements are satisfied.
You agree to assume all costs of medical care and transportation that is provided to you, and any minors traveling with you, during the trip. Please note that most companies offering travel insurance require the policy to be purchased within 14 days of the initial trip deposit or payment to any service provider in order to cover pre-existing conditions or to provide for “cancel for any reason” coverage.
II. Deposits, Payments, Refunds and Cancellations
Bookings may be made through our online booking system. The non-refundable deposit and payment schedule for our various trips appear on the trip details pages. Review the deposit and payment schedules carefully, as they vary. Note that a booking is not accepted and there is no contract between us until we receive your deposit and confirm your booking in writing.
The following are specifically excluded from the trip rates and are the sole responsibility of each Traveler: Airfare; travel insurance; costs of obtaining passports; visas; excess baggage charges; gratuity/tips; items of purely personal nature; such as drinks; laundry; Covid-related expenses (whether mandatory or voluntary) such as testing, quarantine, etc., communication (calls, faxes, emails etc.); international airport departure tax (to be paid in US dollars or acceptable foreign currencies); excursions or deviations from any trip itinerary. We will not be responsible or liable for deposits, payments, policies or penalties for other services not included, such as airline tickets, separate hotel reservations, or other items handled by you and not through us.
Credit/Debit Card Chargeback Policy. We work hard to make our customers happy. If you are not pleased with our services for any reason, you agree not to file a chargeback with your credit or debit card company before you have given us an opportunity to address the matter. By signing this agreement, you agree to work with us in good faith to resolve your dispute and acknowledge that chargebacks are not an appropriate way to avoid our cancellation and refund policies.
Cancellations by You and Unused Services
Any cancellations by you will result in the loss of your deposit and other monies paid to us for your trip, which are all non-refundable. We cannot make any exceptions to this refund policy. For this reason, we strongly recommend you have comprehensive travel insurance for every traveler within your group that includes trip cancellation/interruption coverage to help protect your financial investment in the trip. More information about our cancellation policy appears below, which we urge you to read carefully.
Multi-day Small Group Trips with Scheduled Set Group Departure Dates (Excludes private, specialized and chartered trips, which are addressed below)
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A non-refundable deposit totaling $1000 is due to confirm your space. The remaining balance is due no later than 30 days before the departure date.
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If you do not pay the balance of your trip according to your trip payment schedule, your booking will be treated as canceled by you, resulting in the loss of your entire deposit and all money collected from you.
Private Multi-day Trips
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Unless special cancellation and refund policies apply to your trip, our following standard or normal cancellation policy applies: if booking a private multi-day trip more than 60 days from the departure date, a non-refundable deposit totaling 40% of the trip cost is due to confirm your space. The remaining balance is due no later than 60 days before the departure date. If your booking is made within 60 days or less before the trip departure date, the entire trip cost must be paid at the time of confirmation.
If your trip is subject to special cancellation and refund terms, they will appear in your quoted itinerary. Special cancellation and refund terms may apply to your trip due to Force Majeure reasons (e.g., during a pandemic such as coronavirus) or as necessitated by your trip (e.g., suppliers who have particular deposit and cancellation requirements).
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Cancellations
i. If you decide to cancel your trip, the following fees apply and are due when we receive notice of your cancellation:
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Cancel within 30 days of making deposit and receive 50% of your deposit back.
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Cancel outside of 30 days of making your deposit and all payments are non-refundable.
ii. If you do not pay the balance of your trip 60 days before the departure date, your booking will be treated as canceled by you, resulting in the loss of your entire deposit and all money collected from you.
Form of Payment: All payments must be made by credit card. Prices are in US dollars, and all payments must be made in US dollars.
Cancellation Process: To cancel your booking, you must send written notice to us by email at info@elcaminotravel.com. Cancellation fees will be applied per person according to the schedule set forth in this section, based on the date we receive your written notification, not when you send the email.
Unused Portion of Trip (no refunds): There will be no refund for unused services, early departures, late arrivals, or missed days of your itinerary for any reason. There will be no refund once the tour has commenced. Your decision not to participate in the tour due to governmental warnings or advisories, fear of travel, or the like will be deemed a cancellation. Note that if a disruption caused by Covid-19 prevents you from being able to take your trip, we will offer as much flexibility as we can to enable you to reschedule your trip to a later date, although our cancellation policy will still apply should you cancel your trip. Our level of flexibility will be impacted by our suppliers’ policies and practices, which we do not control.
No refunds will be provided to you for any unused portion of your tour, including but not limited to if you are quarantined, a government refuses exit/reentry, or a supplier refuses services if you exhibit symptoms of or test positive for infectious disease. Further, we will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during your tour, or if a third party refuses services (e.g., lodging or transport) if you show symptoms of or test positive for infectious disease. For example, we will not be liable to you if are infected with a virus such as coronavirus at a hotel that we book for you, if you are refused service at a hotel if you show symptoms of a communicable illness such as a cough or fever, if you are unable to board a plane to your destination or return home from your destination because you show symptoms of an illness, you are required to self-quarantine, and so on.
No refunds will be provided for any unused portion of a trip once the trip begins, including but not limited to if you leave a trip for any reason, miss the trip’s departure date or an activity, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.
III. Changes by You Prior to Trip Departure
Change requests to our itineraries can be very disruptive. If you request to change your trip dates or alter your itinerary after we confirm your booking but before your trip’s departure date, we will consider whether we can reasonably accommodate your request without any disruption to the trip or trip economics. If we are able to make such changes, a change fee may be applied. (There is no change fee for transfers to replacement trips described in the preceding section.) The type and scope of change dictates the amount of the change fee and such fees can be substantial. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. Substantial change requests by you, such as for example a change of tour dates, will result in recalculation of your original tour price. Change requests must be made in writing.
It is in our sole discretion whether to accept a change request.
If you decide not to participate in a Program, whether due to governmental warnings or advisories, fear of travel, fear of illness or for any other reason, will be deemed a cancellation by you. In the event you have to cancel the Program because you have contracted Covid-19 (which includes all virus variants directly related to the SARS-COV-2 novel coronavirus, hereinafter referred to as “Covid-19”), test positive for Covid-19, or have been in close proximity to someone who tested positive for Covid-19 fourteen days before trip’s departure prevents you from participating in the Program, Sunny & Turquoise will make best efforts to enable you to reschedule your trip to a later date; however, in the event you are unable to reschedule your trip under such circumstances, the cancellation policy set forth herein will still apply.
IV. Alterations or Cancellation by You After Commencement of Travel
Change or Cancellation Request
Change requests to our itineraries must be submitted in writing and may result in significant fee increases. To change your booking, you must send written notice to us by email at info@elcaminotravel.com. For any changes that we are able to accept, change fees will be applied per person according to the terms set forth in these Program Terms & Conditions, based on the date we receive your written notification, not when you send the email.
Upon receipt of your change request, Sunny & Turquoise will forward any alteration that you request after your Program has commenced to our independent suppliers. You will be liable for any cancellation charges and/or change fees that may be imposed for the booking of revised arrangements and for all costs associated with such arrangements. You hereby acknowledge and agree that it is within Sunny & Turquoise's sole discretion whether to accept a change request.
You acknowledge and agree that any changes to your booking or cancellation of services at any time, before or during the trip, by you may result in the loss of all monies collected from you and as otherwise described in this agreement. For this reason, we strongly recommend you have comprehensive travel insurance that includes trip cancellation/interruption coverage to help protect your financial investment in the trip. See Section I above regarding mandatory insurance requirements.
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Unused Services
General Reasons: There will be no refund for unused services or unused portion of the trip, early departures, late arrivals, involuntary Program removal, or missed days of your itinerary for any reason.
Due to Illness: No refunds will be provided to you for any unused portion of your trip if you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for an infectious disease. Further, we will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during the Program, or if a third party refuses services (e.g., lodging or transport) if you show symptoms of or test positive for an infectious disease. Solely by way of example and not intended to be exhaustive, we will not be liable to you: if are infected with a virus such as coronavirus at a hotel that we book for you; if you are refused service at a hotel if you show symptoms of a communicable illness such as a cough or fever; if you are unable to board a plane to your destination or return home from your destination because you show symptoms of an illness; or, you are required to self-quarantine, and so on.
V. Cancellations or Changes by Us and Flexibility
We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of clients and for circumstances of Force Majeure, which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to be visited, reschedule, postpone or delay your trip, and make other changes to the itinerary. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
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Sunny & Turquoise shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement.
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If we must cancel a trip due to insufficient enrollment for reasons not due to Force Majeure, all trip members will be notified a minimum of 60 days before the trip departs and will have the option to receive a refund of payments made to Sunny & Turquoise less any unrecoverable costs incurred by Sunny & Turquoise or to transfer to a comparably priced replacement trip without penalty.
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Any changes may require a supplemental payment from you or result in a partial or full refund. A supplemental payment is a rare situation; however, such a payment may arise due to unexpected events (e.g., increase in government fees). A refund under this section will constitute full settlement of claims you may have arising out of our cancellation.
If Sunny & Turquoise is forced to reschedule, substantially alter, postpone, or cancel your trip for any reason that is completely within its control, whether before or during your trip, we will let you know as soon as possible. In these circumstances, we may offer one or more of the following options within our discretion:
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i. Accept Sunny & Turquoise's offer of a comparable replacement trip (offered at Sunny & Turquoise’s sole discretion and subject to availability),
ii. Receive a refund of all monies paid to Sunny & Turquoise less our Trip Planning Fee of $495, any unrecoverable costs, including but not limited to deposits that we have made to our suppliers and any other out-of-pocket costs that we have incurred in organizing your trip; or
iii. Any other option that we in our sole discretion believe is a reasonable option.
When accepting an offer for a replacement trip :
i.If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost.
ii. If the cost of the replacement trip is equivalent or higher than your original trip, you will be responsible for the price difference between your original trip and the replacement trip.
If we expressly cancel your trip (versus altering, modifying, postponing, or rescheduling it), we may use reasonable endeavors to reimburse you for any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your tour (in many cases it is not possible to obtain refunds from suppliers once we have forwarded deposits for your tour to them). In great part for reasons of this nature, we strongly recommend you obtain travel insurance as explained elsewhere in this agreement. Note that if we alter, modify, postpone, or reschedule your tour or offer you a travel credit, such action does not constitute a “cancellation” of your tour by us.
VI. Denial of Participation
Sunny & Turquoise reserves the right to deny participation in the trip to any Traveler that Sunny & Turquoise, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the trip activities, violates these terms including our Code of Conduct, or whose actions or deportment it judges unsuitable for group travel. During the trip, Sunny & Turquoise has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the trip. The decision of the guide, host or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
VII. Force Majeure
Force Majeure. Sunny & Turquoise will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or non-performance of any of its obligations under this agreement to the extent that any such delay or non-performance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, typhoon, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/Covid-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
In the uncommon situation where Force Majeure prevents, significantly hinders, or makes it impossible for us or our suppliers to provide the services including but not limited to your tour, we and/or our suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: cancel, alter, modify, postpone, or reschedule any tour itinerary or arrangement, including tour dates and the entire tour itself. You understand and agree that we will not be able to pay you any compensation, costs, or expenses you incur as a result of Force Majeure. We regret that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our suppliers. Please note that we are not obligated to seek refunds from suppliers, and in many instances it is not possible to obtain refunds from suppliers once we have forwarded deposits for your tour to them. Any refund under this section will be less the $495.00 Trip Planning Fee you have paid, and any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your tour. This policy is based on the fact that suppliers, who are typically located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. For reasons of this nature, we strongly recommend you obtain travel insurance. If you choose to cancel your tour if we invoke Force Majeure, our standard cancellation penalties (see above section titled “Cancellation By You and Unused Services”) will apply unless we expressly state otherwise.
If Sunny & Turquoise is affected by Force Majeure, it, if practicable, will notify you of the nature and extent thereof.
VIII. Optional Activities
During any Sunny & Turquoise trip, there may be opportunities to participate in activities or local events, which are not included in Sunny & Turquoise’s packaged trip. Sunny & Turquoise makes no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. Activities may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided trips, surfing, fishing, hiking, swimming, zip lining, and parasailing. Events may include, but are not limited to, local festivals, concerts, and organized events. You understand and agree that any assistance given by Sunny & Turquoise’s trip leader or staff to help arrange these optional activities is done in good faith and without any representations or warranties of any kind. Sunny & Turquoise does not sponsor or endorse these activities or events, nor can Sunny & Turquoise be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety and you will arrange for payment directly with the supplier or independent operators of such activities, event or service.
IX. Discounts and Promotions
All discounts and reduced pricing are offered and or applied at Sunny & Turquoise’s sole discretion. From time-to-time, Sunny & Turquoise may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Traveler has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.
X. Pre-Departure Documentation
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We are not responsible for any errors in documentation if you fail to notify us of any inaccuracies within 45 days of your receipt of those documents. This agreement, our liability waiver, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
XI. Passports and Visas
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release Sunny & Turquoise from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary.
Sunny & Turquoise is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document.
We recommend that U.S. citizens register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/.
XII. Health and Medical
You represent that neither you nor the Child (if applicable) do not have any condition, physical or mental, that would create a hazard for you or other Travelers or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate stating that you are medically cleared for the destination(s) and/or that you are able to participate in all aspects of your trip itinerary.
Sunny & Turquoise strongly recommends that you check with the U.S. Centers for Disease Control and Prevention, or similar entity in your country, for up-to-date, destination-specific information related to food and water safety, infectious diseases, and other concerns. At your own cost and expense, you will meet with your doctor at least 8 weeks prior to your trip departure and obtain any and all vaccinations, inoculations, or prescribed medications as directed by your doctor and/or travel clinic for the areas visited, and provide written documentation thereof upon request and as needed for travel documentation.
Our suppliers reserve the right to conduct health screenings (e.g., temperature checks, questionnaires, and checks for observable signs and symptoms) and refuse travel to participants deemed symptomatic or likely symptomatic. If necessary, suppliers and/or government or health authorities also reserve the right to quarantine travelers with symptoms of infectious diseases aboard confined modes of transport such as ships, trains, etc.
In the event any medical care or health screenings are administered to you during the trip, Sunny & Turquoise assumes no responsibility for any such medical care or health screenings provided to you. You are solely responsible for any and all costs of medical care and related transportation, if any, that are provided to you during the trip.
Sunny & Turquoise does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. Sunny & Turquoise reserves the right, at your sole expense, to deny participation in an activity or in the remainder of any trip itinerary if you illegally use drugs, alcohol or other banned substances during a trip. We want you to have fun and encourage you to take advantage of the local culture, but Sunny & Turquoise emphasizes safety as a top priority.
XIII. Baggage
You are allowed to bring one piece of baggage weighing up to 50 lbs. (23 kg) and one additional medium/small-sized “day pack” on the trip. If you need to bring additional baggage, you are responsible for requesting approval from Sunny & Turquoise before your trip begins. Unless you receive such written approval, your request to bring additional baggage is deemed denied. Sunny & Turquoise is not responsible for and you are solely responsible for securing or protecting your baggage or belongings at any time during any trip.
XIV. Photography and Images Release
You acknowledge that the designated media creator(s) on your trip, if any, (“Media Creator”) will own the rights to the images, photos and videos and any other copyrightable content that he or she takes or creates during your trip (“Images”). You acknowledge that because the Media Creator will own the rights to the Images that the Media Creator creates during your trip, you cannot sell, transfer, assign, otherwise reproduce any of the Images that the Media Creator creates or shares with you or use it commercially. You hereby agree to use any such Images for personal use only and will credit the Media Creator by including his or her name and a notation that the content is his or her copyrighted content.
You also acknowledge and agree that Sunny & Turquoise, your trip host or other parties, including but not limited to the Media Creator, Third Party Suppliers and other Travelers, may take or create images, photos, sound recordings and videos in any format that may feature you or that may contain your name, likeness, identity, photographic image, videographic image or oral or recorded statements (collectively, “Trip Images of You”).
You hereby grant Sunny & Turquoise, including the Media Creator and others Sunny & Turquoise may authorize (including but not limited to Sunny & Turquoise’s licensees, partners or Third Party Suppliers), a worldwide, royalty-free and free of charge, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce the Images and the Trip Images of You as well as any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium or format now in existence or hereafter developed (including but not limited to print, digital and electronic media), for any purpose at any time, including to promote and publicize Sunny & Turquoises travel products and services worldwide.
Notwithstanding the above, we, the Media Creator and our Third Party Suppliers agree not to sell or give permission to Third Parties to sell or license the Images or the Trip Images of You for commercial or merchandising purposes, other than as set forth in this agreement, without your prior written consent.
XVI. Complaints and Claims
If you have any issues or questions during your trip, promptly notify us or your host or guide so that we can try to address them.
After completion of your trip, if you wish to make a claim, submit a complaint, or request reimbursement for any reason, you must do so by email within 30 days after the trip’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Any claim or complaint received by Sunny & Turquoise after this deadline will not be accepted or reviewed. Send emails to us at sunnyandturquoisetravel@gmail.com.
XVII. Limits on Responsibility
At no point, and under no circumstances, is Sunny & Turquoise responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked and paid for externally to Sunny & Turquoise. Sunny & Turquoise is not obligated to alter any trip itinerary or suspend a trip’s commencement for any reason that prevents you from joining a trip as planned.
XVIII. Travel Advisories & Warnings
You must conduct your own research and become informed about the destinations in your trip itinerary, including knowledge about any travel advisories and warnings issued by government authorities in your country. In the U.S., you must consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. You are responsible for protecting your own well-being and personal property before, during, and after your Sunny & Turquoise's trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
XIX. Personal Responsibility
You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that Sunny & Turquoise's trips are adventurous by nature and may involve a significant amount of personal risk.
XX. Seat Belt Policy
To ensure the safety of our Travelers and local hosts and guides, Sunny & Turquoise recommends that everyone stay seated and wear their seatbelts at all times while riding in any vehicle that is in motion. This recommendation is not only for your safety but also for the safety of everyone else in the vehicle. It is noted that some vehicles internationally may not be equipped with these restraints as accepted by local laws. Sunny & Turquoise and our transportation suppliers remain focused on protecting your safety, but they cannot be expected to constantly check to make sure everyone is buckled prior to moving a vehicle. Therefore, it is your responsibility to remain seated and wear your seatbelt properly and at all times while the vehicle is in motion.
XXI. Cultural Differences and Drug Policy
It is acknowledged and understood that traveling to international destinations will expose travelers to unique situations and experiences that are different than those you are familiar with in your home country. These differences enhance the experience and adventure of your trip, and typically involve cultural and social aspects of the region such as sanitation, food, drink, attire, and local laws. Sunny & Turquoise and your guide or host will discuss these differences during your trip, but you also have a responsibility to perform your own research and act responsibly while traveling. Sunny & Turquoise does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. We want you to have fun and encourage you to take advantage of the local culture, but Sunny & Turquoise emphasizes safety as a top priority.
XXII. Applicable Law, Choice of Forum, and Severability
You agree that this agreement shall be interpreted according to the laws of Iowa in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or superior court in Delaware. You agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
XXIII. Limitation of Remedies
You agree that the sole remedy for any default by Sunny & Turquoise arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Sunny & Turquoise shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Sunny & Turquoise has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
XXIV. Validity of Electronic Signature
If signing electronically, I understand that a paper version of this agreement is available but I have voluntarily chosen to sign this document electronically. I understand that I will receive a link where I can view, print and download a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files. In order to print and retain a copy of the agreement, I understand that I will need access to a printer. I understand that I may withdraw my consent to receive communications in electronic form by contacting us by email at sunnyandturquoise@gmail.com
XXV. UPDATING OF TERMS AND CONDITIONS
We may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. Any amendment will take effect seven days after being posted to our website, immediately upon notice to you in writing by email or mail. An up-to-date hard copy of these Terms will be sent to you upon your written request. You are deemed to have accepted any amendments to these Terms on the date that is seven days after their posting on our website or immediately upon notice to you in writing by email or mail. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up-to-date version available.
XXVI. Merger
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.