Lost World Adventures General Terms and Conditions

1. ACCEPTANCE OF THE CONTRACT

Upon purchase of the tour package, the terms and conditions set forth herein become a binding contract between the Purchaser and Lost World Adventures, Inc. (LWA). Acceptance of this contract occurs when deposit is received by LWA at its office. Purchaser represents by tender of payment that the itinerary has been reviewed and that it meets Purchaser's expectations and request. The contract is to be performed in City of Decatur, Georgia.

2. DEFINITIONS

a. The Tour Package purchased by the Purchaser from LWA consists of the itinerary prepared by LWA and the vouchers for prepaid travel services. The itinerary is the written travel schedule listing scheduled daily activities and travel services purchased. In the event of a difference between information contained in the brochure and that contained in the itinerary, the language of the itinerary shall control. Vouchers are coupons, which constitute evidence of pre-payment by Purchaser for various travel services. LWA is bound by only the terms and conditions contained on the vouchers it delivers to the Purchaser.

b. Confirmation of Travel Arrangements. Travel Arrangements are not confirmed until LWA has received the required deposits and Purchaser has received formal confirmation from LWA.

c. Hotel Accommodations. It is anticipated that the hotel accommodations shown in the brochure will be utilized; however, comparably classified accommodations maybe substituted at the time the specific itinerary is prepared. Hotel accommodation classification standards used at the location involved do not refer to standards used at any other location.

d. Transfer refers to transportation from one location to another, generally between airport and hotel and, unless otherwise stated on itinerary, refers to a seat in a bus, van, car, or other vehicle. The provider of the service shall determine the appropriateness of the vehicle.

3. RESERVATIONS AND PAYMENT

To reserve space on any trip, we require a deposit of $250 per person, or more depending on the specific tour program which will be advised. Early reservations are essential to guarantee your accommodations on the date you wish to travel. Reservations made within 60 days of the departure require full payment, plus any additional charges for expenses incurred due to special mailing, fax charges, etc. Final payment is due 60 days prior to departure. If this final installment is not paid when due, LWA reserves the right to treat the reservation as canceled. Payment is via credit card, check, money order or bank transfer only.

4. PARTICIPATION

Purchaser is responsible for selecting a trip appropriate to his or her health, physical abilities and interests. The right is reserved to decline to accept or retain a person as a tour member for any reason, which affects the operation of the tour or the rights and welfare or enjoyment of the other tour members, and a refund of recoverable land tour services is the limit of LWA’s liability.

5. PRICE OF TOUR PACKAGE

The Tour Package price includes all the pre-paid travel services represented by the vouchers provided to the Purchaser, together with the charges by LWA for its services in preparing the itinerary.

a. All prices are accurate and available at the time of publication, and include charges for planning, operation and servicing the package. Prices do not include airfare unless otherwise stated.

b. Until full payment is received from Purchaser, prices are subject to change, due to fluctuations in tariffs, exchange rates and other factors beyond LWA's control. If the group falls below the minimum passenger requirement, the trip is subject to cancellation or repricing.

c. LWA has no obligation to provide Purchaser with any information concerning the costs utilized in establishing the price of the tour package, either before, during or after the tour is completed.

Price does not include charges for passports, visas, inoculations, laundry, liquor and beverages, cover charges, excess baggage charges, trip cancellation or interruption, accident and baggage insurance, or transportation not included in the itinerary, optional tours, any items of a personal nature, any items not specifically listed as included and international departure taxes.

6. CANCELLATION POLICY

Most international plane tickets and most Latin American domestic plane tickets are non-refundable. Some airlines will offer credits for future passage, with penalties.

For your land arrangements, at the time we receive written notice that you must cancel your trip, the following fees will be charged:

Cancellation more than 60 days prior to departure: $250 per person.

30-59 days prior to departure: 50% of trip cost.

Less than 30 days prior to departure or no-show: 100% of trip cost.

Important note: Certain hotels, boats, lodges and airlines may have deposit terms and cancellation policies different from those of Lost World Adventures. We may need to collect additional deposits from you to hold reservations. The cancellation penalties on payments will be determined by these individual organizations and will override Lost World Adventure’s policy.

We strongly advise our clients to purchase cancellation insurance after the initial deposit for a trip. Some insurance offers a pre-existing waiver if purchased within a short time after the initial deposit, usually 2 weeks. In the event that you must cancel your trip due to illness, family crisis or other emergency, this insurance reimburses you for non-refundable trip costs for covered reasons under the individual policy.

7. REFUNDS

a. In the absence of exceptional circumstances, no refunds are given for any unused pre-paid services included in the tour package or any changes made in the itinerary while enroute, including changes in hotel accommodations, excursions, and transportation services. Changes included for services provided by LWA are not subject to refund.

b. Any request for refund must be presented in writing within 30 full days of your return. Requests for a refund based on a claim of exceptional circumstances, will be considered by LWA on a case-by-case basis. LWA, has sole discretion, will determine whether exceptional circumstances exist and determine the amount of the refund, if any. The decision of LWA is final. No refund requests will be considered or made while Purchaser is enroute.

8. CHANGES IN ITINERARY BY LWA

LWA reserves the right to:

a. Make changes or cancellations in services where such changes are made necessary by circumstances beyond LWA’s control, including changing carriers and substituting similar hotel accommodations for those designated in the itinerary.

b. Cancel any trip due to inadequate sign-up, which makes the trip economically infeasible to operate. In such cases, a full refund of the cancelled trip cost is the limit of LWA’s liability.

9. CUSTOM TOUR PACKAGES

On request, LWA can prepare custom itineraries for the Purchaser. In creating a custom tour package, LWA has used its knowledge and available information to assemble the custom itinerary, based upon the request and requirements communicated to it by Purchaser. The custom itinerary is to be reviewed by Purchaser upon receipt for compliance with Purchaser's requests and to inform LWA of any changes deemed necessary. Purchaser's failure to request changes in writing constitutes Purchaser's representation to LWA that the itinerary meets Purchaser's expectations and requests. Payment by Purchaser constitutes absolute confirmation that the itinerary meets traveler's requests and expectations. Changes in the itinerary by Purchaser, after confirmation of reservation to Purchaser or payment in full has been received by LWA, will result in a service charge of $25 for each change requested and may result in a change in the tour price.

10. WARRANTY DISCLAIMER

No guarantees or warranties, express or implied, are made that the tour package will meet all of the traveler's expectations.

11. RELEASE

LWA, Inc., its affiliates and all cooperating airlines and agencies act only in the capacity of agents in all matters of transportation and tour operation, and their liability is limited to the terms of the airline tickets and land accommodation contracts. Group organizers, travelers and tour participants, individually and jointly, release LWA from any and all liability and responsibility, known or unknown, present or future, for any and all loss, injury to person, damage to property, or accident, or which maybe the result of any delay or change of itinerary, or irregularity connected with the tour package purchased, which is beyond its control, including but not limited to, acts of God, transportation problems, fire machinery or equipment malfunction or failure, government actions, wars, civil disturbances, labor disputes, riots, thefts, sickness, or weather, and which includes all expenses or damages, direct or consequential, claimed or sustained by group organizers, tour participants, or travelers, and waive LWA based on any claim of negligence by any of the suppliers of services included in the tour package. The passenger tickets shall constitute the sole contract between the airlines and the purchaser of these tickets and/or passenger. All baggage shall be carried at participant's own risk. Purchaser is solely responsible for obtaining necessary travel documents for the areas visited. This release is binding upon group organizers, tour participants, travelers, their representatives, heirs and assigns.

12. CHOICE OF LAW AND VENUE

All questions of law in any action based upon any claim of breach of this agreement shall be determined in accordance with the laws of the State of Georgia as existing at the time of such action. Any action brought by either party based on any claim arising under or as a result of this contract or based on the tour package of which it is apart, shall be brought in a court of competent jurisdiction in City of Decatur, Georgia.

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