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Sales Terms and conditions

Sales Terms and conditions

By the purchase of one of our Journeys or services, I/We are agreeing to the following terms and conditions:

This Travel Agreement may be prepared and agreed to by using our website or through an agent. By doing so, You are entering into an Agreement for purchase of travel from Art In Voyage, Inc. (“Art In Voyage”).

The Travel Agreement is a document that is sent to guests after making a reservation, highlighting all the deliverables from Art In Voyage, and responsibilities/obligations from the guest.

Upon reservation and acceptance of the Travel Agreement

A minimum deposit of $750.00 per person unless otherwise noted on page 1 of the Travel Agreement This deposit will be applied towards the balance. It is usually refundable up to 90 days prior to departure (unless otherwise specified on page 1), less an administrative fee that is specified on page 1 of this Travel Agreement.

Late Payments

Late payments may lead to the cancellation of your journey without any refund on monies already paid. A reinstatement of your reservation may be arranged yet subjected to new rates and penalties.

Exchange Rates

We guarantee the exchange rate at the time of booking

Exclusions

Quoted Journey prices exclude: trip insurance not purchased through Art In Voyage; international airfare, including airfare and other transportation to and from the Journey (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities to the Journey directors, drivers and guides; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).

Price Changes

We reserve the right to increase Journey prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published or after this Travel Agreement is entered into.

Revision Fees:

A handling fee of $150.00 per traveler will be assessed for any changes or revision other than the departure date made to a reservation at less than 30 days. A change of departure date within 60 days of departure will be treated as a cancellation and cancellation charges will apply. Some exceptions may apply, in the sole and unfettered discretion of Art In Voyage.

Transfers and Cancellations:

Cancellation conditions are stipulated in the Travel Agreement on page 1 and vary by Journey and type of Journey. Refund of all monies paid may take up to 8 (eight) weeks to be processed and received. Cancellations may only be validated once you have received an answer from Art In Voyage confirming receipt of your cancellation. Cancellations may not be done by phone and will only be accepted by email or certified mail.

IMPORTANT – ART IN VOYAGE MAY HAVE TO RESCHEDULE, POSTPONE OR EVEN CANCEL YOUR JOURNEY: Circumstances may arise where Art In Voyage must exercise its professional discretion and postpone or re-schedule your Journey due to such exigencies as transportation schedule changes or delays in other important services. Such circumstances are rare, but if they arise, Art In Voyage commits to you that it will work diligently to reschedule your Journey for other dates that are compatible with your calendar, with Art In Voyage’s capabilities, and with the destination vendors, accommodations, and service providers. Art In Voyage will do its best to maintain the same itinerary and pricing, but cannot guarantee that there will be no changes. All deposits and payments already made will be applied toward the cost of the rescheduled Journey. You retain the discretion to decline to enjoy a rescheduled Journey, in which case you will have two choices: (1) Art in Voyage will retain all funds previously paid by you for up to two years, to be applied as a credit against a new Journey that you and Art in Voyage will arrange and document with a new Travel Agreement; or (2) your original Journey will be considered as cancelled by Art In Voyage and handled as described in the next paragraph. Art In Voyage will have to set a deadline to complete this rescheduling option, usually two weeks from the event that causes it to happen. If a rescheduled Journey cannot be programmed and agreed to by you (in writing by the execution of a new Travel Agreement) by the deadline, or if you decline to elect a credit against a future Journey, then Art In Voyage will have to treat your original Journey as cancelled by Art In Voyage, and handled as described in the next paragraph.

Circumstances may arise where Art In Voyage must exercise its professional discretion and completely cancel your Journey due to such exigencies as lack of transportation or other important services. If your Journey is cancelled by Art In Voyage, and you, the guest, are not at fault, and you, the guest, have not already cancelled, and you, the guest, are not in violation of any of the material terms and conditions of this Travel Agreement, including timely payment, then you will be refunded 100% of any payments that you have properly made. Because this payment must come from our own insurance company, it can take up to eight (8) weeks for the refund to be paid to you.
Those cancellation charges, fees and refunds for any Journey that are on the Art In Voyage website and/or contained in the Travel Agreement specific to your Journey shall govern and supersede any other previously printed policies relating to these same charges.

Single supplement in case of a guest to the party canceling:

Sometimes a party of two becomes a party of one because one guest decides to cancel the Journey. Such cancellation is handled as described above, but there is an additional impact on the other guest who does not cancel. Single supplement charges must be added to the charges for the non-cancelling guest. In order to handle this, the single supplement charges will be deducted from the refund, if there is one, owed to the person who cancels. The two guests must handle adjustments or reimbursements to each other independently, without any involvement or responsibility of Art in Voyage. If the amount deducted from the canceling client is insufficient to cover the single supplement charges, then the traveling guest agrees to pay the balance of the single supplement charge. If the cancelling guest purchased travel insurance, the cancellation and refund provisions of the insurance policy will control the amount of any refund, and its manner of payment. Depending upon the policy purchased, not all portions of the premium will be refunded by the insurance company. Art in Voyage is not liable to pay any non-refunded portions of the travel insurance premium.

Cancelation of airline tickets:

Art In Voyage may not be held responsible for the lack of refund, or penalty implementation, by airlines on canceled tickets, whether these tickets were purchased by the guests directly, or with the assistance of Art In Voyage. Airlines have their own sets of rules and conditions which are to be enforced by the airlines, independently of your agreement with Art In Voyage.

Insurance Coverage & Consumer Protection Plans:

ART IN VOYAGE is fully bonded and insured with coverage for its own potential liabilities. However, guests are encouraged to purchase their own travel insurance, or use a credit card that includes substantial travel coverage. As part of the travel Agreement, Art In Voyage offers the opportunity to purchase travel insurance through one of its preferred partners, which may include CSA Travel Protection (Generali), ALLIANZ or WORLD NOMAD (Nationwide).

Departure & City Taxes:

Some destinations, airlines or airports may charge a departure tax and/or city tax. These are not prepaid expenses and so are never included in our Curated or Exclusive Journeys. These taxes will be assessed by the local jurisdictions and must be paid by the guests on departure, unless otherwise noted in the Travel Agreement.

Passports & Visas

You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. For other countries, it is a shorter time, but this shows how important it is for you to be familiar with your country’s laws. Art In Voyage cannot do this for you, so learn what is needed to make your Journey problem-free! In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements.

Travel Journals and Information received prior departure:

ART IN VOYAGE provides all its guests a Travel Journal, usually sent 20-30 days prior to departure. Each Travel Journal lists and details all of the items (accommodations, tours, transportation, activities, etc..) that are part of the Journey agreed upon between Art In Voyage and the guests. It is the responsibility of the guests to carefully review the information provided and report any discrepancies (with tickets, tour booking dates, transportation, etc..) no more than 7 days prior to the scheduled departure. Unless you do so, Art In Voyage will assume the Travel Journal is accurate. Failure to timely report discrepancies may result in revision fees or even cancellation fees to accommodate the correction of any discrepancies.

Responsibilities of Art In Voyage for Unplanned Changes or Disruptions of Journeys

Any person reserving or purchasing any product or service offered by ART IN VOYAGE accepts the condition that ART IN VOYAGE reserves to itself the exclusive right to change or cancel itineraries, hotels, and other tour components whenever it is deemed necessary. If this occurs, every effort will be made to offer alternate dates and/or programs. We may in our sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the itinerary.
Published times on itineraries are as accurate as possible but subject to change due to conditions beyond ART IN VOYAGE's reasonable control that may prevent ART IN VOYAGE from operating as scheduled. ART IN VOYAGE expressly disclaims any liability for any damages that may be incurred while your Journey is underway for any changes, cancellations or delays on any itinerary provided by ART IN VOYAGE that are due to matters beyond its reasonable control. Such matters include, but are not limited to, the following: war, terrorism, strikes, riots, mechanical failures, facility closures, extreme weather, disasters, disease, pestilence, pandemics, illness of key people, economic impacts on currencies or governments, recession or hyper-inflation.

All rates on foreign tours are subject to fluctuations of currency and may be changed when necessary without advance notice prior to deposit. Once your deposit has been received, payments of the balance due shall be based upon the exchange rate in effect on the date you paid your deposit.
All rates published are per person as indicated and are based on double occupancy when only one rate is shown. Reservations will be accepted subject to availability at the time of a request and will be considered confirmed only upon completion of this Travel Agreement receipt of the required deposit.
ART IN VOYAGE is not liable or responsible if any guest is denied boarding by any airline carrier due to the carrier's over-booking of a flight, the guest’s inability to secure a visa or passport, or a guest not following entry requirements as provided by the airline, the local government or Art In Voyage. However, ART IN VOYAGE will make every reasonable effort to ensure the guest is offered an alternative by the airline, and, to the extent possible, an associate will remain with the guest until boarding is finalized.

Art In Voyage endeavors to learn about and understand potential hazards of the Journey, but is often unable to assess or gain accurate knowledge of suitability of the Journey for any guest, unsafe conditions, health hazards, weather hazards, political conditions, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, Art In Voyage recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, Art In Voyage recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).

Active Elements, Medical Conditions and Special Assistance:

Some of our Journeys incorporate active elements such as hiking, climbing or boating; you are responsible for familiarizing yourself with the level of activity that will be involved in your Journey. You must disclose in your Guest Information Form (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the Tour or for which you may require medical attention or special accommodation during the Journey. When required by law, such as the American with Disabilities Act, ART IN VOYAGE will make reasonable efforts to accommodate the special needs of guests. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of providing the assistance, and who agrees to be responsible to do so. Neither ART IN VOYAGE personnel nor its local vendors or service suppliers may physically lift or assist clients onto transportation vehicles. Travelers needing special assistance for any special accommodations must inform ART IN VOYAGE at the time of booking to determine what assistance may reasonably be made available by ART IN VOYAGE. ART IN VOYAGE regrets that it cannot provide special individual assistance to a guest with special needs for walking, dining or other special needs. If you fall into such a category and cannot provide your own assistance, you should probably not book with Art In Voyage.

Baggage Disclaimer:

Allowance is determined by your carrier. ART IN VOYAGE reserves the right to limit baggage allowance in some particular cases where it may impact the quality and experience of the journey. Such limitation would be provided in the travel journal.
Responsibility wise, although every effort is made to handle passengers' luggage as carefully as possible, ART IN VOYAGE is not responsible for and does not assume any liability or accept any claims for loss of or damage to luggage due to breakage, theft or wear and tear through hotel and group carrier handling. We recommend that you purchase adequate insurance to cover these eventualities. Check with your sales agent for low cost insurance to cover these risks.

General Disclaimers and Allocations of Responsibilities:

In all matters relating to the making of arrangements for hotel and/or motel accommodations, sightseeing tours and services provided incidental thereto, entertainment, and transportation by air, railroad, motor bus, automobile, or steamship, ART IN VOYAGE and its subsidiaries act only in the capacity of an agent for the airlines, hotels, and other suppliers stated in the tour literature describing the services purchased.
Because of its status as an agent, and because it maintains no control over the personnel, equipment, or operations of these travel suppliers, ART IN VOYAGE and its subsidiaries assume no responsibility for, and cannot be held liable for, any personal injury, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of (1) any

wrongful, negligent, or unauthorized acts or omissions on the part of any of the suppliers, (2) any wrongful, negligent, or unauthorized acts or omissions on the part of any employee of any of these suppliers, (3) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (4) any wrongful or negligent acts or omissions on the part of any other party not under the supervision and control, direct or otherwise, of ART IN VOYAGE. You hereby release Art in Voyage from all claims arising out of any problem covered in this paragraph.
ART IN VOYAGE may not be held responsible should the guests dislike the country, places, the food and the climate while traveling with Art In Voyage. For our Curated Journeys, guests are briefed prior to departure. Should the guest disagree with one or many options/activities on the Journey, ART IN VOYAGE will accept comments and remarks and do its best to accommodate the guest to make their experience as enjoyable as possible.
ART IN VOYAGE, for all tours and packages involving villa or apartment rentals, will hold the guests responsible for any damages that incurred during their stay beyond ordinary wear and tear. In the event of any dispute with the provider of the accommodation, the guest will be able to request repair/replacement invoices and dispute any abusive charges as long as a counter-expertise is requested and paid for by the guest.
FOR ALL VACATIONS INVOLVING A RENTAL (group or individual), GUESTS MAY BE ASKED TO PROVIDE A VALID CREDIT CARD. ART IN VOYAGE AND/OR THE PROVIDER OF SUCH ACCOMMODATIONS MAY CHARGE OR HOLD A DAMAGE DEPOSIT IN ADVANCE OF UP TO $5,000 PER GUEST, TO BE REFUNDED OR CANCELLED UPON LEAVING THE ACCOMMODATION IN PROPER CONDITION.
ART IN VOYAGE does not discriminate nor refuse service to anyone based on ethnicity, religion, sex, sexual preferences, or social category. We reserve the right to decline to do business with anyone on a nondiscriminatory basis. We reserve the right to deny service to anyone should ART IN VOYAGE associates judge our services and products inappropriate for the guest. If such action is taken, the guest will be informed about the decision and may be referred to another travel company. ART IN VOYAGE also reserves the right to refuse service to anyone showing signs of a proclivity for, or who engages in, violent behavior. Our goal is to protect our travelers from any incident.
We may exclude you from participating in all or any part of the Journey if, in our sole discretion, your condition or behavior renders you unfit for the Journey or unfit for continuation once the Journey has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Journey services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Journey. Should you decide for any reason not to participate in certain parts of the Journey or use certain goods included in the Journey, no refunds will be made for those unused parts of the Journey or goods.
ART IN VOYAGE organizes and supervises the making of many Journeys every year. Each one of these Journeys is designed with the assistance of suppliers and other travel partners. For such Journeys ART IN VOYAGE assumes liability only to the extent of its actual participation, including actions by its guides and other employees. ART IN VOYAGE does not assume responsibility for and cannot be held liable for any wrongful, negligent or unauthorized acts or omissions of any travel agent or travel agency that is not ART IN VOYAGE itself, or one of its own employees or contractually-affiliated agent.

NO CONSEQUENTIAL DAMAGES: IN NO EVENT WILL ART IN VOYAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR SELECTION OF OR PARTICIPATION IN ANY JOURNEY OR OTHER SERVICE OFFERED BY ART IN VOYAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM DAMAGES THAT MAY BE ASSESSED AGAINST ART IN VOYAGE FOR ANY CLAIM, INJURY, LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER SHALL BE THE AMOUUNT IN U.S. DOLLARS ACTUALLY PAID BY YOU TO AND RETAINED BY ART IN VOYAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Mediation and Arbitration Agreement; Waiver of Trial by Jury

Any controversy or claim arising out of or relating to this Travel Agreement, to the website or brochures or to any information relating in any way to the trip, or to the trip itself, shall first me presented by the parties to non-binding mediation, which must be conducted within sixty (60) days after written notice of any such claim is delivered by the aggrieved party to the other party. The mediation may be conducted in person, but either party may attend by video conference or teleconference, in their sole discretion. Legal representation is at the option of the parties. The costs of the mediator shall be paid in advance, one half by Art in Voyage and the balance by the guest(s). Each side shall otherwise bear all of their other costs and expenses associated with the mediation, including attorney’s fees.

If the dispute cannot be resolved through mediation, then, only after the mediation has occurred and been unsuccessful, a party remaining aggrieved must submit it’s claims solely and exclusively to binding arbitration to be conducted in Orlando, Florida, in accordance with the then existent commercial rules of the American Arbitration Association. In any such arbitration, the substantive

(but not procedural) law of Florida shall apply. The claim(s) will be decided by a single arbitrator who shall have at least ten years experience in business law and civil litigation. The Arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Art in Voyage and you will each have the option, exercised in your respective sole discretion, to participate in any arbitration by video conference and not in person, and to call witnesses to attend by video conference or telephone. The Arbitrator is authorized to use fair procedures to ensure authenticity of witnesses and evidence presented in such fashion. The filing fee for the Arbitration shall be borne by the party initiating it. The fees for the service of the Arbitrator shall be borne one half by Art in Voyage and the balance by the guest(s). Each party shall otherwise bear their own costs and expenses associated with the Arbitration, including attorney’s fees.

BY AGREEING TO BINDING ARBITRATION, YOU ARE IRREVOCABLY WAIVING YOUR RIGHT TO TRIAL BY JURY OR BY ANY OTHER COURT OR TRIBUNAL THAT MIGHT EXIST IN YOUR HOME JURISDICTION. YOU ARE CONSCIOUSLY AND INTENTIONALLY SELECTING ARBITRATION BECAUSE YOU AGREE THAT IT IS BEST SUITED TO RESOLVE DISPUTES INVOLVING THIS TRAVEL AGREEMENT.

Miscellaneous Provisions

This Agreement contains the entire agreement by and between the Parties, relative to the business arrangement provided for herein. No amendment, waiver or discharge of any provision of this Agreement shall be effective against any Party unless that Party shall have consented thereto in writing.

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.

No failure or delay in exercising any rights or remedies pursuant to this Agreement shall constitute a waiver of any other right or remedy pursuant hereto. Resort to one form of remedy shall not constitute a waiver of other available remedies.

This Agreement may be executed in counterparts by the parties hereto, each of which shall constitute an original of this Agreement and all of which, when taken together, shall constitute one and the same instrument. The parties hereto intend that facsimile copies of fully executed counterparts of this Agreement shall be binding and enforceable.

A ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Thereafter, this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been included, but only within the jurisdiction of the court making the ruling.

If suit is brought to enforce any of the provisions of this Agreement, then the prevailing party shall be paid by the other party all of the prevailing party’s costs and expenses of prosecuting and/or defending the suit, including, without limitation, the reasonable attorneys’ fees, court costs and expenses of the prevailing party.

Entire Agreement. Guest warrants that no promises or inducements have been offered for this Travel Agreement other than as set forth herein and that this Travel Agreement is executed without reliance upon any other promises or representations. No modification, termination, or attempted waiver of this Travel Agreement shall be valid unless in writing and signed by the guest and Art In Voyage.

updated December 20, 2019