Latest update: April 6, 2024
Terms & Conditions
General
Before booking travel arrangements with CHEETHAM TRAVEL, LLC (“CHEETHAM TRAVEL”), CHEETHAM TRAVEL requires each client (“Client”) to agree to the following client services agreement (the “Agreement”). Please read this Agreement carefully.
THIS AGREEMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN CHEETHAM TRAVEL AND YOU, THE CLIENT IN THE VACATION PACKAGE PROVIDED BY CHEETHAM TRAVEL, AFTER READING THIS ENTIRE AGREEMENT, IN ORDER FOR YOUR TRAVEL OR VACATION PACKAGE RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THIS AGREEMENT.
By signing or accepting this Agreement or by undertaking any other affirmative action manifesting an intent to engage CHEETHAM TRAVEL, including providing CHEETHAM TRAVEL with credit card or billing information to be charged for any services made available by CHEETHAM TRAVEL, Client accepts and agrees to be bound and abide by the Agreement. If Client does not want to agree to the Agreement, Client must not take any of the aforementioned affirmative steps and may not utilize any paid services offered by CHEETHAM TRAVEL. For the avoidance of doubt, any digital signature to the Agreement or otherwise accepting or agreeing to the Agreement shall constitute acceptance of the provisions herein.
Article I. Cheetham Travel's Responsibility
Section 1.01 Independent Suppliers:
(a) CHEETHAM TRAVEL and its affiliates, owners, officers, agents, employees, contractors and subcontractors (hereafter in this paragraph “CHEETHAM TRAVEL”) purchase transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to CHEETHAM TRAVEL’S control. CHEETHAM TRAVEL, nor any associate organization, agent, employee, contractor, or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment, or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to (a) by the act, neglect or default of CHEETHAM TRAVEL, owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
(b) There may be occasions where CHEETHAM TRAVEL may need to alter or modify Client’s trip components based on vendor operating days or changes in availability; such changes shall be considered minor changes in the itinerary and shall not be considered nonconformance under this Agreement.
Section 1.02 Delays:
CHEETHAM TRAVEL cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of CHEETHAM TRAVEL. In no event will CHEETHAM TRAVEL be responsible for incidental, consequential or special damage or loss suffered by any person. CHEETHAM TRAVEL’s maximum liability, for any reason whatsoever, will be limited to the amount paid to CHEETHAM TRAVEL for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, CHEETHAM TRAVEL is not acting as principal but only as agent for the companies, LLCs, or persons providing or offering the means of transportation and accommodation. To the extent CHEETHAM TRAVEL shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation.
Section 1.03 Liquidated Damages:
In no event will CHEETHAM TRAVEL be responsible for incidental, consequential or special damage or loss suffered by any person. CHEETHAM TRAVEL’s maximum liability, for any reason whatsoever, will be limited to the amount paid to CHEETHAM TRAVEL for its services.
Article II. Payment
Section 2.01 Payment Type:
Deposits and all payments may be made by cashier’s check, personal check or credit card (Visa, MasterCard, American Express, and Discover) on any journey from CHEETHAM TRAVEL.
Section 2.02 Deposits and payments:
Deposits for and all payments must be made in accordance with the published payment schedule published by CHEETHAM TRAVEL.
Section 2.03 Pricing Changes:
CHEETHAM TRAVEL reserves the right to increase tour prices and without notice to withdraw any part or the entire trip and to make such changes as may be necessary, and the resulting extra cost, if any, shall be paid by the guests.
Section 2.04 Chargeback Policy:
By entering into this Agreement, Client acknowledges their understanding that all payment disputes should first be brought to the attention of CHEETHAM TRAVEL prior to formally disputing a charge with Client’s credit card company. Any charges disputed with your credit card company, including in the event of cancelation or postponement of your journey as a result of Force Majeure events, will result in CHEETHAM TRAVEL producing a copy of this signed Agreement to the credit card company notifying us of the chargeback of the payment(s) in order to recover our fees. Any additional fees associated with negotiating the chargeback, including but not limited to an hourly fee for time spent by CHEETHAM TRAVEL staff communicating with your credit card company will also be assessed to you, the Client.
Section 2.05 Cancellation Policy:
(a) Client Cancellation.
The cancellation policy is applicable to all CHEETHAM TRAVEL journeys. The written notice must be received by certified mail, fax, or email.
Cancellation fees are as follows:
•Cancellations received 90-61 days prior to departure: 50% of the tour price per person.
•Cancellations received 60-31 days prior to departure: 75% of the tour price per person.
•Cancellations received within 30 days prior or en route: 100% of the tour price per person.
(b) Cheetham Travel Cancellation.
CHEETHAM TRAVEL does its best to operate all journeys planned or listed but many operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a program for any reason. Should a program be canceled or inoperative we will inform you as soon as possible about the cancellation. If CHEETHAM TRAVEL cancels for any reason, Client may be given a partial refund, not including the Initial Deposit, at the sole discretion of CHEETHAM TRAVEL based on the circumstances. CHEETHAM TRAVEL is not responsible for additional expenses that may occur as a result of the cancellation, such as airline cancellation fees, visa fees, vaccinations, purchases of clothing or equipment for the canceled program or other expenses. Note that if CHEETHAM TRAVEL alters, modifies, postpones, or reschedules Client’s journey or offers Client a travel credit or partial refund, such action does not constitute a “cancellation” of Client’s journey by CHEETHAM TRAVEL.
Upon cancellation of services, CHEETHAM TRAVEL reserves all rights under this Agreement.
Article III. Client Obligations
Section 3.01 Passports and Visas:
Clients will be required to submit a color copy of their passport and/or other requested legal identification to CHEETHAM TRAVEL. You are responsible for obtaining any travel documents and/or verifying entry requirements necessary for each country of travel and/or transit on your selected itinerary. Entry laws differ with respect to each traveler’s citizenship. CHEETHAM TRAVEL cannot obtain personal travel documents for customers or assume responsibilities for notice of countries’ current requirements. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents. Additionally, CHEETHAM TRAVEL is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or required immunizations.
Section 3.02 Travel Protection:
CHEETHAM TRAVEL does not purchase travel insurance on behalf of its clients. It’s always a good idea to consider purchasing a travel protection plan to protect your travel investment.
Section 3.03 Health and Inoculations:
All guests are expected to be in good health. We consider our journeys to be active. Moderate to strenuous exertion, including long walks and climbing stairs is sometimes an integral part of your journey. Riding in four-wheel-drive vehicles on rough terrain or unpaved paths can aggravate back conditions. Flying aboard small aircraft is required in many areas.
Immunization requirements vary from country to country. Please consult your personal physician and/or local public health board, or the Centers for Disease Control and Prevention (CDC) in Atlanta (888) 611-8078 or www.cdc.gov/travel). Additionally, we strongly suggest you have a complete physical since some itineraries include areas of high altitude and extreme temperature fluctuation. Bring this to your doctor’s attention. Required inoculations, if any, must be recorded by the traveler’s health practitioner on a valid vaccination certificate which the traveler must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs.
It is the Client’s responsibility to consult a physician before participating in this trip to ensure eligibility for strenuous physical activity and by signing or otherwise accepting this Agreement, Client affirms that they have no medical conditions that would restrict Client from participating in the journey. Client agrees that if they experience any medical issues while on the trip, they will seek medical treatment immediately.
Section 3.04 Destination Research:
CHEETHAM TRAVEL has no special knowledge regarding any possible unsafe conditions, health hazards, weather hazards, or climate extremes at destinations to which Client may travel. As such, CHEETHAM TRAVEL encourages all clients to plan accordingly and do their research in preparing for their travel. For information concerning possible dangers at destinations, please review, at minimum, the Travel Warnings section of the State Department website at www.travel.state.gov. For medical information, contact the Centers for Disease Control at www.cdc.gov/travel. CHEETHAM TRAVEL recommends that United States citizens register for the United State’s government’s Smart Traveler Enrollment Program, a free service to allow United States citizens traveling abroad to enroll their trip with the nearest U.S. Embassy or Consulate, at https://step.state.gov/.
Article IV. Assumption of Risks & Waivers
Section 4.01 Acknowledgment of Risks:
You understand and acknowledge that your travel in connection with and participation in the vacation package arranged at your request by CHEETHAM TRAVEL may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers, or agents of CHEETHAM TRAVEL or the negligence or participation of other participants, contractors, and/or subcontractors to CHEETHAM TRAVEL. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the international location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with CHEETHAM TRAVEL, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”). You fully understand and acknowledge that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during your trip.
Client further acknowledges and understands that these Injuries and Damages cannot be entirely eliminated. Client fully understands and agrees that CHEETHAM TRAVEL has not tried to contradict or minimize their understanding of these risks. Client understands that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of CHEETHAM TRAVEL or third-party service providers, either as a result of negligence or because of other reasons. Client understands that third parties, including third-party service providers, cannot necessarily be controlled, and that Client’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.
Section 4.02 Express Assumption of Risk:
In acknowledging the foregoing ACKNOWLEDGMENT OF THE RISK section, CLIENT CONFIRMS THEIR UNDERSTANDING OF THE FOLLOWING: you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this vacation package in spite of the potential risk of Injuries and Damages, and you willingly and voluntarily assume full responsibility for any Injuries or Damages suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of CHEETHAM TRAVEL.
Section 4.03 Release of Liability:
In consideration of the services and arrangements provided by CHEETHAM TRAVEL, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold /harmless, and agree to indemnify CHEETHAM TRAVEL, and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled vacation package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF CHEETHAM TRAVEL.
Article V. Miscellaneous Provisions
Section 5.01 Severability:
In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions or portions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
Section 5.02 Amendment and Waiver:
No provision in this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing, signed by the Client and a duly authorized officer of CHEETHAM TRAVEL. Except as otherwise specifically provided in this Agreement, no waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar provision or condition at the same or any prior or subsequent time.
Section 5.03 Disputes; Governing Law; Venue:
Any and all disputes and claims between CHEETHAM TRAVEL and Client arising from this Agreement, the Services or any other prior written agreement shall be resolved by consent of the parties, or decided by litigation, unless CHEETHAM TRAVEL shall advise the Client in writing that CHEETHAM TRAVEL elects to have the dispute decided by arbitration prior to any litigation initiated by CHEETHAM TRAVEL, or prior to the filing of an Answer or other responsive pleading in any litigation initiated by the Client. Any such arbitration shall be conducted pursuant to the Federal Arbitration Act, and pursuant to the Comprehensive Arbitration Rules issued by JAMS then in effect, and judgment upon the award may be entered by any court having jurisdiction. Any claim, dispute or other matter in question relating to this Agreement shall be governed by the laws of the state of South Carolina exclusive of its choice of law provisions. Should CHEETHAM TRAVEL elect to litigate any disputes, venue for any litigation between CHEETHAM TRAVEL and Client which relates to or arises out of this Agreement, its breach or the Services will be exclusively in the United States District Court of South Carolina, Greenville Division or a court of competent jurisdiction for Greenville County, South Carolina, with Client expressly consenting to venue and personal jurisdiction in Greenville County, South Carolina and waiving any rights to begin, defend, or remove any such litigation in any other forum or venue.