Booking Terms & Conditions
[Last Revised & Updated: July 2019]
I. BOOKING PROCEDURES & PAYMENT SCHEDULE
You must make payment for your travel package in accordance with the following booking procedures and specific instructions provided by Naya Traveler. At the time of confirming a booking, a non-refundable deposit of 40% over the full amount is due to secure the travel package. The remaining 60% balance payment is due 90 days before the start date of the travel itinerary. If the booking is made within 90 days of the start date of the travel itinerary, full 100% payment is due. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.
Naya Traveler accepts credit cards, wire transfers and transactions as acceptable methods of payment. Once the deposit or full payment is processed, we will send you a confirmation e-mail of receipt of payment.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Naya Traveler may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
II. INCLUSIONS AND EXCLUSIONS
Included in Travel Package
All accommodations; some meals as specified in the detailed day-by-day itinerary documentation; English speaking guides; private sightseeing, except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions, as noted in the itinerary documentation; park and entrance fees; arrival and departure transfers; local bottled water during sightseeing; All applicable tourism taxes at time of booking.
Not Included in Travel Package
Travel insurance; international airfare; domestic airfare unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes; any and all baggage charges; all gratuities; meals other than those specified in the itinerary; beverages other than those noted in inclusions above or specified in the itinerary; any meals for your guide if you invite him/her to dine with you; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges, Internet access; and optional activities (which are subject to availability).
Naya Traveler reserves the right to charge a non-refundable planning fee before the planning of a trip begins. A fee of $500 is chargeable on bookings made for non-repeat travelers or travel agents. When the trip confirms, the fee will be applied to the booking as a credit. If the client decides not to confirm the trip, the planning fee may be applied as a credit to another booking confirmed within 12 months of payment of the fee. If 12 months pass with no confirmed booking, the fee is non-refundable.
Quoted travel package prices are per person, based on double occupancy except where indicated. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of printing. Naya Traveler is under no obligation to provide a breakdown in costs of any travel itinerary or services. Any modifications to a travel itinerary, including dates or number of people travelling, will require a revised proposal. Single travelers will be expected to pay a single supplemental fee.
IIII. AIR TRANSPORTATION
International airfare (to the travel itinerary starting point and from the ending point) is not included in the travel package. Some travel itineraries require domestic flights as specified in the itinerary. This airfare is typically not included and must be purchased from Naya Traveler in addition to the travel itinerary unless otherwise specified. In the instance where charter flights are used and seating is limited, Naya Traveler reserves the right to substitute and confirm air reservations on a suitable alternative scheduled air flight. All domestic air is 100% non-refundable at time of final payment. All international and domestic airfare quotes are subject to change until final payment has been received by Naya Traveler. Flight confirmation is subject to availability. Air reservations cannot be confirmed until a passport copy is received by Naya Traveler.
All air carriers are independent contractors and are not owned, managed, controlled or operated by Naya Traveler. Your airline ticket constitutes a contract between yourself and the airlines (and not Naya Traveler), even if purchased through Naya Traveler. Naya Traveler is not liable for, and does not assume responsibility or accept claims with regard to: seat assignments, name changes, schedule changes, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.
V. BAGGAGE AND PERSONAL EFFECTS
Baggage and personal effects are at the owner’s risk throughout the travel itinerary, and Naya Traveler assumes no liability for lost or damaged baggage. Therefore, you are urged to purchase travel insurance that includes provisions for your baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flight.
VI. CANCELLATION BY THE TRAVELER
Any cancellation by the traveler must be requested in writing and must be acknowledged by Naya Traveler in writing. The cancellation will become effective on the date of acknowledgement by Naya Traveler. Cancellations are subject to the following policy:
Cancellation made more than 60 days prior to trip departure: The deposit payment is held by Naya Traveler.
Cancellation made less than 60 days prior to trip departure: 100% of total booking cost, inclusive of deposit, is held by Naya Traveler.
Cancellation charges for Air Travel will be governed by the terms and conditions of the airline and is non-refundable at the time of final payment.
VII. CANCELLATION BY NAYA TRAVELER
Should Naya Traveler deem it necessary to cancel the scheduled trip after payments from the traveler have been received, payment will be refunded or applied towards a future Naya Traveler trip. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will not include any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking, including, but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
VIII. TRIP & ITINERARY CHANGES
Naya Traveler travel packages are fully custom-made and changes can be made to any given itinerary prior to the deposit payment, subject to availability and feasibility. Once the deposit or full payment is made to Naya Traveler by the client, we will make every effort to accommodate the requested changes. However, Naya Traveler reserves the right to increase the price of the trip, depending on the extra costs that the changes may incur.
IX. TRAVEL INSURANCE
The purchase of travel insurance is not required in order to book a travel package offered by Naya Traveler. Employees of Naya Traveler are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. Such insurance at a minimum should cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Naya Traveler cannot be held responsible for denied entry if a client is unable to provide details to authorities of insurance or denial of entry for any reason. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
X. YOUR INFORMATION
In order for us to confirm your travel arrangements, you must provide all requested personal details, including a face copy of your passport, legal name, date of birth, passport number, passport country and expiry date, and your home address. Your booking cannot be confirmed without these details.
XI. INTERNATIONAL TRAVEL AND DOCUMENTATION
By offering travel packages in particular international destinations, Naya Traveler does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to stay informed about the areas to which you will be traveling, including any travel advisories and warnings issued by your country’s government. You are responsible for protecting your own well-being and personal property before, during, and after your booked travel itinerary. Naya Traveler will not be liable for damages or losses that result from travel to such destinations.
You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after your travel itinerary return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. Naya Traveler bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.
XII. AGE & HEALTH REQUIREMENTS
All travelers must be 18 years of age or older unless they are accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveler under the age of 18. Some activities contained within an itinerary may have different age restrictions than the overall minimum age requirement. Details will be provided at the time of booking.
Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
XIII. SPECIAL ACCOMODATIONS
Please notify us as soon as possible if you or any of your guests will require special accommodations, including ADA accommodations in any hotel which you may be booked. Naya Traveler will make all reasonable efforts to accommodate this request, but cannot be responsible if ADA accommodations are not available.
XIIII. PERSONAL RESPONSIBILITY
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by any supplier or accommodation. You shall hereby defend, indemnify, and hold harmless Naya Traveler against any, and all third-party claims arising out of any conduct or omission in breach of these terms and conditions or that otherwise create liability for Naya Traveler.
XV. OPTIONAL ACTIVITIES
During a booked Naya Traveler itinerary, there may be opportunities to participate in activities or local events, which are not included in Naya Traveler’s travel package. Naya Traveler makes no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. You accept that any assistance given by your group leader, host, guide or local representative in arranging optional activities does not render Naya Traveler liable for them in any way. The contract for the provision of that activity will be between you and activity provider and Naya Traveler will have no liability for your participation in such activities and you will be bound by the terms and conditions of the independent operator.
XVI. LIABILITY RELEASE
Naya Traveler does not own or operate any entity which is or does provide goods or services for your booked travel package including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van, or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, etc. Naya Traveler is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Naya Traveler does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. Naya Traveler is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of Naya Traveler. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that Naya Traveler is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of nature, acts of God, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, insurrection, riot, theft, pilferage, epidemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Naya Traveler accepts no responsibility for lost or stolen items. Naya Traveler reserves the right to refuse any client or potential client at its sole discretion.
XVII. ACCEPTANCE OF RISK & WAIVER
You are responsible for purchasing the type of travel package that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. Naya Traveler will customize your travel package based on the personal information and preferences you provide to the company. By making a booking, you acknowledge that Naya Traveler’s travel itineraries are adventurous by nature and may involve a significant amount of personal risk. You are aware that travels such as those which you are undertaking involve hazardous activities, some in remote areas of the world, with a risk of injury or death which may be caused by forces of nature, the negligence of Naya Traveler, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, mechanical or other failure of airplanes or other means of transportation, structural or other defective conditions in hotels or other lodging facilities, animal interactions, marine life, or vegetation of any sort, dangers incident to recreational activities such as scuba diving, snorkeling, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments,. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. You are also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which you are participating in this trip. You accept these risks and obligations and fully assume the risks of travel and work in this type of environment. You fully and forever release and discharge Naya Traveler and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by you in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons.
XVIII. SAFETY AND COMFORT
In order to guarantee the safety and comfort of the client, Naya Traveler reserves the right to determine the type of vehicle and number of vehicles required to execute any and all activities in the booked travel package, following local transport laws and regulations.
Where the client occupies a vehicle seat fitted with a safety belt, neither Naya Traveler nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
XIX. CULTURAL DIFFERENCES
It is acknowledged and understood that traveling to the destinations offered by Naya Traveler will expose travelers to unique situations and experiences that may differ from those you are familiar with in your home country. We believe that these differences enhance the travel experience. Naya Traveler will discuss these differences before your trip, but you also have a responsibility to perform your own research and act responsibly while traveling.
XX. MEDIA RELEASE
You hereby consent and agree that Naya Traveler, its employees, officers, and agents reserve the right to take photographs or digital recordings of you from any Naya Traveler travel package/event/activity and to use these in any and all media, now or hereafter known, and exclusively for the use of Naya Traveler. You do hereby release to Naya Traveler, its agents, and all employees all rights to exhibit this work in print and electronic form publicly or privately and to market and sell copies. You waive any rights, claims, or interest you may have to control the use of your identity or likeness in whatever media used. You understand that there will be no financial or other remuneration for recording you, either for initial or subsequent transmission or playback.
XXII. APPLICABLE LAW AND VENUE
The State of Illinois law governs these Terms and Conditions to the fullest extent allowable. Any disputes in connection with a Naya Traveler travel package or these Terms and Conditions will be initiated in the Superior Courts of the State of Illinois where exclusive jurisdiction and venue reside. If a court or any other appropriate authority finds any portion of this document to be invalid, the remainder will remain in full force and effect. All client claims must be submitted in writing and received by Naya Traveler no later than thirty (30) days after the completion the booked travel itinerary. Client claims not submitted and received within this time shall be deemed waived and barred.
XXIII. UPDATING BOOKING TERMS & CONDITIONS
Naya Traveler reserves the right to update and/or alter these Booking Terms & Conditions at anytime, and it is the client’s responsibility to be familiar with them. The latest Booking Terms & Conditions can always be found on the Naya Traveler website www.nayatraveler.com and will supersede any previous versions.