Terms and Conditions Overview
A comprehensive overview of our terms and conditions
These Terms and Conditions apply to all trips and travel services arranged for or provided to you ("you," which term shall be TERMS & CONDITIONS)
eemed to refer to you and to any person in your party), by Flagship Luxury Expeditions, Inc. ("we" or "us"). Please read them carefully. These Terms and Conditions, the Invoice(s) and the Itinerary (collectively, the "Documents") constitute the contractual relationship between you and us, which relationship commences when we receive your deposit (or any payment from you).
RESERVATIONS AND PAYMENTS
Reservations will be confirmed, based upon availability, upon notice in writing from us to you of the number of travelers in your party and upon your payment of a deposit to us. The deposit can by paid by major credit card or by cheque made out to "Flagship Luxury Expeditions." The balance payment is due as set forth in the Invoice(s).
CANCELLATIONS AND REFUNDS
Cancellations by you. You must notify us in writing (by mail or email) of any cancellation. Cancellations are effective on the day received by us. Your payment to us will be refunded, less a cancellation fee in an amount that depends on when we receive your notice as follows:
|Notice received by us||Amount refunded to you|
|Less than 30 days before departure||No refund|
|30 days to less than 90 days before departure||50% of amount paid|
|90 days or more before departure||85% of amount paid|
In addition, all refunds are subject to the refund policies of each hotel, airline, and other vendor, some of which have onerous cancellation policies where funds paid are non-refundable. Accordingly, the amount refunded to you may be further reduced as a result of these policies. We strongly recommend that you secure travel insurance that covers lost deposits and cancellation fees. Cancellations by us. If we cancel the trip prior to departure, you will receive a full refund of amounts paid to us. Please note that costs for visas, commercial air tickets, and pre- or post-tour independent arrangements may not be refundable. If, as a result of circumstances beyond our control, we must change or cancel the trip
after departure, we will not reimburse you for expenses incurred. If in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behavior is causing danger or damage to property, we reserve the right to terminate the trip without any refund.
Changes by you. We will make every effort to assist you if you wish to make changes to the Itinerary after departure, but it may not be possible. You must pay us the cost of any such changes, and these costs and payments are non-refundable.
Changes by us. Every reasonable effort will be made to maintain the Itinerary as planned; however, accommodations, transportation and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond our control including, without limitation, transportation cancellations, delays, hotel issues/problems and other schedule changes. We are not responsible for such unanticipated and uncontrollable changes, and any expenses resulting from such changes (e.g. additional hotel, transportation, or guide fees, etc.) will be paid by you. You may be eligible to recoup such costs from your travel insurance carrier. We reserve the right to modify or change the Itinerary in the best interests and the safety of the group, in our sole discretion. We also reserve the right to withdraw a program or any part of it, to make such alterations to the Itinerary or the program inclusions as we deem necessary or desirable, and to pass on to you any expenditures or losses caused by delays or events beyond our control. The operations of all flights are subject to foreign governments' approval. In the event that a landing or flyover right cannot be obtained by the air carrier, alternative arrangements will be made at our discretion.
Entry visas may be required for the countries listed on the Itinerary. Acquiring required visas and entry permits in advance of the trip is your responsibility unless otherwise specified in the Invoice(s) or the Itinerary. Failure to obtain visas or entry permits does not negate these Terms and Conditions. You are responsible for any costs incurred (e.g., for rerouting) because you do not have the required visas or entry permits. We cannot provide a refund if you are unable to proceed with the trip because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements. Please note that passports must be valid for six months after the return of the trip and should also have sufficient blank pages for visas and immigration stamps. You must have a government-issued photo ID prior to your initial departure.
At all times during your carriage, you shall not:
- contravene any applicable laws or regulations while on-board any flight operated by the air carrier;
- endanger, threaten or injure the charter aircraft or any person or property;
- contravene any instruction or direction of the crew (whether oral or by notice) lawfully issued for the purpose of the safety or security of the charter aircraft and of persons or property and/or the comfort or convenience of passengers, including, but not limited to, instructions concerning safety, security, seating, seat belts, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, and electronic games or transmitting devices (for example, radio controlled toys and walkie talkies);
- consume alcohol aboard the charter aircraft (however obtained) unless it has been served to you by the air carrier; or
- smoke on any of the air carrier's flights or tamper with, disable, or destroy any smoke detector in any airplane lavatory.
You and your baggage must be ready for embarking and loading in sufficient time to be carried on the charter aircraft. You will comply in all respects with the conditions of all permits, licenses and authorities granted for the flight. The air carrier reserves the right to subject you and your baggage to security screening and none of us, including our officers, directors, shareholders, employees, agents and successors (collectively, the "Released Parties") are liable for any damage, loss, delay (including for refusal to transport), confiscation of property, injury, or other harm relating to or arising out of security screening or your refusal to submit to security screening. Furthermore, you must allow security checks, searches, and scans of your person by the air carrier, the air carrier’s handling agents, government officials, airport officials, police or military officials, and if you do not allow all such security checks, searches, and scans to be conducted, the air carrier may refuse to carry you and your baggage.
You may not carry in your baggage any items or goods that may constitute hazardous materials or firearms or weapons except in accordance with applicable federal laws, rules and regulations, or any other materials the air carrier believes in its sole discretion may endanger the charter aircraft, its crew, or other passengers. The air carrier may inspect and examine any baggage or cargo belonging to you whether accompanied or not. The air carrier may refuse to carry any baggage considered by the captain or by any other responsible employee or agent to be
unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the charter aircraft may be flown.
You acknowledge your accountability in declaring the presence of dangerous or prohibited goods under applicable law for carriage in advance of each flight. You agree that, unless written permission has been granted by the air carrier and relevant governmental authorities, no dangerous or prohibited goods are to be carried. You will not engage in any act or possess any substance or allow cargo to contain any substance which may result in the seizure, forfeiture or unsafe operation of the charter aircraft. If we or the air carrier reasonably believes that you have failed to fully observe all of the duties placed on you by the Flight Guidelines Section of these Terms and Conditions:
- we or the air carrier may report the matter to any relevant police or other enforcement authority;
- we or the air carrier may take such measures as we or it considers necessary to prevent the continuation or repetition of the offending conduct including, without limitation, for example, physical restraint and/or removal of you from the charter aircraft and/or refusal to carry you after a stopover (whether made for the purpose of removing you from the charter aircraft or otherwise);
- the air carrier may decide to refuse to carry you at any time in the future;
- you will reimburse us and/or the air carrier for any costs we or it incurs in order to: (i) repair or replace property lost, damaged or destroyed by you; (ii) compensate any passenger or crew member affected by your actions; and (iii) divert the charter aircraft for the purpose of removing you from the charter aircraft; and
- you will pay us or the air carrier any cancellation charges payable pursuant to these Terms and Conditions.
HEALTH AND WELLNESS REQUIREMENTS
Prior to traveling, it is recommended that you visit a personal physician for a check-up and discuss any medical requirements/recommendations for the trip. For up to date recommendations on specific health precautions for the areas you will visit, consult your physician, the Centers for Disease Control, and the Travel Warnings Section of Switzerland Department at https://www.eda.admin.ch/ . You are responsible for checking and verifying any and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You are responsible for obtaining any vaccinations or medications.
You are expected to be in active good health, to enjoy traveling as part of a group (if you have booked a group trip), and to be ready to experience and accept cultural differences. Any physical or other condition that may hinder your ability to endure the exertions of the trip or condition requiring special attention, diet, or treatment should be reported to us in writing upon making your reservation. By making payment to us, and subject to any conditions disclosed in writing to us, you represent that you are in adequate health and you do not have any physical or mental condition or disability that could prevent you from taking part in the trip or that could present a hazard to y or others during the trip.
ASSUMPTION OF RISK
You understand that the trip includes travel to remote countries and areas that are inherently risky. You agree to take full responsibility for your safety and welfare, including, without limitation, unanticipated events such as injury, illness, theft, emotional trauma, death, forces of nature, war, terrorism, force majeure, delays, cancellation or damage related thereto, weather, civil unrest, acts of civil or military authority, fire, flood, insurrection, quarantine, epidemics, strikes or labour disputes, mechanical failure, accidents, government regulation, lack of essential supplies or parts, any occurrences beyond our direct control, itinerary changes or modifications, and for all transportation including land vehicles, boats and aircraft that are not necessarily operated or maintained to standards found in Switzerland.
You assume all risks associated with altitude, illness, physical injuries sustained, disease, alcohol consumption, physical exertion and sporting activities, knowing that access to evacuation and/or suitable medical supplies and support may not be available. You assume full responsibility for any injury, loss or damage suffered by you or caused by you and are responsible for personal baggage and personal possessions and effects.
You are responsible for purchasing insurance, including trip cancellation, health and accident insurance coverage and medical evacuation. We can provide recommendations for international trip insurers. We strongly recommend comprehensive travel insurance that provides for your needs, including personal injury, death, personal liability, property damage or other loss, accident, delay, curtailment, trip cancellation, medical and evacuation coverage, lost belongings, missed departure, legal expenses, and inconvenience or irregularity that may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any service provider including airlines, hotels and restaurants, or their employees or agents or any other third party, (2) any defect or
failure of any vehicle, equipment, aircraft or instrument owned by any service provider or (3) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any third party. Please keep your insurance details with you during the trip.
LIMITATION OF OUR LIABILITY
The Released Parties do not own or operate any entity which is a services or goods provider for the trip. We purchase all transportation, accommodation, dining, ground handling and all other services from a variety of independent suppliers and entities. All such persons and entities are independent contractors.
Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and such supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can obtain copies of such conditions from us or from the relevant supplier.
You waive any claims and actions against any of the Released Parties for any such loss, damage, injury, or death, including any right to seek consequential, indirect, special, incidental, punitive or exemplary damages against any of the Released Parties for any reason whatsoever. You agree that this release will be legally binding upon you, your heirs, successors, assigns and legal representatives, it being your intention to fully assume all risk of travel and to release the Released Parties from any and all liabilities to the maximum extent permitted by law.
The Released Parties are not responsible or liable for negligent or intentional acts committed by any service provider or other third party, and shall not be held liable for 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 service provider or other third party, including, but not limited to damages, losses, injuries, or death attributable to any defect in any aircraft, watercraft, or vehicle operated or provided by such service provider or other third party. Your recovery from us for any claim arising out of the Documents shall be limited to the amount paid by you to us for the services, irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise. The foregoing limitations of liability shall not apply to any damages which cannot be disclaimed as a matter of law.
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 of the trip.
Any controversy or claim against us arising out of or relating to the Documents or the service provided thereunder, including, without limitation, any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Geneva accordance with Swiss Rules of International Arbitration. Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Such proceedings will be governed by the substantive laws of the Swiss Federation. This provision to arbitrate does not waive or modify the liability release contained in these Terms and Conditions.
EXCLUSIVE GOVERNING LAW AND JURISDICTION
The Documents shall be governed by federal law and the laws of Swiss Federation, without regard to conflicts of laws principles. If the right to seek arbitration is for any reason waived by both you and us, or if judicial review of any arbitration is sought, any action or legal proceeding arising out of the Documents shall be brought exclusively in the courts of Swiss Federation. In connection with any action or legal proceeding arising out of the Documents, you and we specifically and knowingly waive any rights that each might have to demand a jury trial.
Our failure at any time to require performance of any provision of the Documents shall not limit our right to enforce the provision, nor shall any waiver by us of any breach of any provision constitute a waiver of or prejudice our right to otherwise demand strict performance of the provision or any other provision.
If any provision of the Documents is held to be invalid, then that provision will be modified to the extent necessary to make it enforceable, and any invalidity will not affect the remaining provisions.