La isla Esmeralda

Your contract will be with us as tour operator, unless you have booked

a Locally Operated Tour, in which case your contract for tour services

will be with the relevant Local Operator specified in the reference

table above and will be subject to that Local Operator’s terms and

conditions, in addition to the booking conditions set out below. For

any Locally Operated Tour, the Local Operator will also be identified

on your itinerary or travel documents and their respective terms and

conditions will be available directly on their websites or by contacting

them. Should we book a flight on your behalf it will be subject to the

conditions of the respective airline, including but not limited to deposit/

full payment and cancellation terms.

Please read all booking conditions carefully. You must not make

any booking unless you understand and agree with these booking

conditions and any additional terms and conditions as indicated

above and/or at the time of booking.

Bookings can be made through your local travel agent or directly with

us and must be secured with a deposit of the amount shown above. A

contract between you and us (or between you and the relevant Local

Operator) will exist as soon as: (i) we issue an invoice in response to

your request for a booking; and (ii) your deposit is paid to us or your

travel agent. If your booking is made through a travel agent, we will

address all correspondence to that agent.

COVID-19: Important information

We strongly recommend that you familiarise yourself with airline and

government requirements around passenger safety and COVID-19,

including the need to produce evidence meeting airline and border

control requirements in relation to a negative COVID-19 test both for

transit and final destination passengers. This information is subject

to change without notice so we recommend you update yourself in

relation to the relevant airline and government policies for your transit

and final destination at each of (i) the time of booking, (ii) as you

approach your travel date, and (iii) immediately before travel.

Airlines, hotels and other travel service providers will need to comply

with national and/or local guidance and requirements relating to

COVID-19 and will have implemented certain measures as a result. This

will likely include specific requirements regarding personal protective

equipment, such as use of face-masks by customers and staff, social

distancing, maximum number restrictions on the use of certain facilities,

designated alternative entrance and exit routes, mandatory hand

sanitisation, limited entertainment options and limited food/drink

availability. We do not expect these measures to have a significant

impact on your enjoyment of the tour and all measures will be taken

with the purpose of securing your safety and those around you.

You may be required to provide a negative test result for COVID-19,

regular temperature checks and/or a self-declaration of health prior to

departing and while on your tour. Any travellers displaying symptoms of

illness may require a negative COVID-19 test and/or doctor’s clearance

before continuing the itinerary. If you show symptoms of COVID-19 and

are either unable or unwilling to be tested, Blue-Roads Touring may

remove you from the tour to prevent any risk to others. Whilst on the

tour, customers may also be required to wear a mask when necessary.

Failure to comply may result in removal from the tour.

COVID-19: Our liability

You acknowledge that you are choosing to travel at a time where you

may be exposed to COVID-19. It is your own responsibility to acquaint

yourself with all relevant travel information, including applicable health

risks. You acknowledge that your decision to travel is made based on

your own consideration of this information, and you acknowledge and

agree that you are aware of, and assume responsibility for, the risks

associated with traveling at this time.

We will have no liability for any refunds, compensation, costs, expenses

or other losses of any kind incurred by you (including, where applicable,

the cost of medical treatment), in the following circumstances:

1. you fail any tests, checks or other measures imposed by a travel

service providers or government body or fail to submit for testing or

assessment when requested to do so, and as such you are denied

entry to board the flight, entry to the destination, access to the

services or you are otherwise unable to proceed with the tour, or that

portion of the tour; or

2. if you, or anyone in your group, test positive for COVID-19 and

have to quarantine for a period of time, or are notified or otherwise

become aware that you have, or suspect you may have, come into

close contact with someone who has tested positive for COVID-19

(or where they otherwise suspect they may have COVID-19) and have

to quarantine for a period of time. If this happens within 14 days of

your departure date, you must contact us as you may no longer be

able to travel. We will however offer you alternative options. There

may be additional flexibility in place depending on the date you

booked. Please visit www.blueroadstouring.com/booking-flexibility

for more information.

If any of the above occur whilst you are on your tour, please notify us

without delay and we will provide such reasonable assistance as we can

in the circumstances. However, we will not be responsible for covering

the cost of any curtailment of your tour, missed transport arrangements,

additional accommodation required, or other associated costs incurred

by you. You must ensure you have adequate travel insurance with

specific COVID-19 coverage which covers these costs for you.

PRICE & PAYMENT

The deposit is non-refundable unless we cancel your tour. The balance

of your tour must be paid no later than 60 days prior to your tour

departure date. If you do not pay within this period we may cancel your

booking and your deposit will be forfeited. Full payment is required

if you make a booking within 60 days of the departure date. If your

booking is a special offer we may require full payment (including any

pre and post accommodation and sundry service charges) by such

earlier time as specified in the offer.

Offered discounts are subject to availability and may be withdrawn

at any time without notice. All discounts apply to the tour price only

and do not apply to any flights, visitor taxes, stopovers, pre & post

accommodation or transfers. Applicable and valid discounts can be

combined to a maximum discount of 10% off the tour price unless

advised otherwise. We may alter prices and other particulars (including

these Booking Conditions) on our website at any time. When you make

a booking we will provide you with up to date prices and a link to our

current Booking Conditions.

After you have booked, changes to (i) the price of fuel; (ii) the level of

taxes or fees imposed by third parties including tourist taxes, landing

taxes or embarkation or disembarkation fees at ports and airports; and

(iii) exchange rates, mean that the price of your tour may change. There

will be no change within 20 days of your departure. We will absorb any

increase equivalent to 2% of the price of your tour. However, we may

charge you for the amount over and above that. If this results in an

increase equivalent to more than 8% of the price of your tour, you will

have the option of accepting a change to another tour (we will refund

any price difference if the alternative is of a lower value), or cancelling

and receiving a full refund of all monies paid. Should the price of your

tour go down due to the cost changes mentioned above, then any

refund due will be paid to you.

We will deduct from this refund our administrative expenses incurred.

Please note that tour arrangements are not always purchased in local

currency and some apparent changes have no impact on the price of

your tour due to contractual and other protection in place.

TRAVEL DOCUMENTS

Please ensure you carefully read your invoice, tickets and all other

documents we send to you as soon as you receive them and contact

us or your travel agent immediately if any information appears to be

incorrect. We will not accept any liability if you fail to notify us of any

inaccuracy in any document within 14 days of us sending them to you

or the travel agent. You are responsible for ensuring that you have

the correct and valid travel documents including passports, visas and

vaccination certificates. We strongly recommend that you verify current

documentation requirements with your travel agent or us. Please

note requirements change and you must check with your consulate

for the most up to date information, including but not limited to visa

requirements for the countries visited on your tour. Passports must have

an expiry date of at least six months after completion of the tour.

IF YOU CHANGE OR CANCEL YOUR BOOKING

If you want to change or cancel any aspect of your booking including,

but not limited to, a change to a tour of shorter duration or different

departure date you must notify us in writing. You may make a request to

transfer your booking to another person who satisfies all the conditions

applicable to the tour. A transfer request must be made in writing not

less than seven (7) days prior to departure and must include proof of

acceptance of the transfer by the new traveller. Both you and the new

traveller will remain jointly liable and responsible for any applicable

travel service provider’s charges (including, but not limited to, booked

airfares, train tickets, specifically allocated accommodation and nonrefundable Local Operator charges). Please note that some third party

travel service providers may refuse such requests and treat the transfer

as a cancellation and rebooking.

If you request a change to any aspect of your booking, we will do our

best to accommodate your request, but it may not always be possible

due to availability. We will not charge a fee for changes requested more

than 60 days before departure except where we incur costs from a

supplier, in which case we will advise you of the relevant supplier fee(s).

If you cancel any aspect of your booking more than 60 days prior to

departure, Blue-Roads Touring will provide you with a Blue-Roads

Touring travel credit for a future tour. If you cancel within 60 days of

departure, you will forfeit your deposit and you will be required to pay

any applicable cancellation fee, and you will receive a credit for the

remaining amount paid by you in respect of the tour (if any).

CANCELLATION OR MODIFICATION BY US

Every effort will be made to operate all tours as advertised but it

must be remembered that our tours are planned up to 18 months in

advance. If insufficient bookings have been made as at 42 days prior

to departure, we may (in our absolute discretion) cancel the scheduled

tour or operate any tour below the minimum number of passengers

required. We recommend you do not book your flights until your tour

is guaranteed.

The following terms apply to a cancellation by us, except in the event

of unavoidable or extraordinary circumstances (which are dealt with in

the section immediately following this one). To the extent permitted by

applicable law:

• If your tour is cancelled by us, we will offer you in the first instance

alternative travel arrangements of comparable standard if available

(we will refund any price difference if the alternative is of a lower

value), or a Blue-Roads Touring credit for the full amount paid by

you. Alternatively, we can offer you a refund of all money paid by

you in respect of the tour (which excludes flights and/or insurance

as they have their own booking terms and conditions), minus any

unrecoverable costs and cancellation fees.

• If your tour is cancelled after the tour has commenced, we will

offer you in the first instance alternative travel arrangements of

comparable standard if available (we will refund any price difference

if the alternative is of a lower value), or a pro-rata Blue-Roads Touring

travel credit for the days that remain on your tour. Alternatively, we

can offer you a refund of all money paid by you in respect of the days

that remain on your tour (which excludes flights and/or insurance

as they have their own booking terms and conditions), minus any

unrecoverable costs and cancellation fees.

“Unrecoverable costs” means all reasonable and direct costs we have

incurred in relation to your tour, and includes amounts paid by us to

other relevant suppliers who are responsible for components of your

travel arrangements and which may be non-refundable.

UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES

In the event of unavoidable or extraordinary circumstances, we may

materially modify or cancel your tour as set out below, subject to our

hardship policy.

In these booking terms and conditions “unavoidable or extraordinary

circumstances” means any cause outside our reasonable control which

could not have been prevented or avoided even if all reasonable

measures had been taken by us (including, but not limited to, war,

threat of war, riot, civil disturbances, industrial dispute, terrorist activity

and its consequences, plague, epidemic, pandemic, infectious disease

outbreak or any other public health crisis (including quarantine or

other employee restrictions), natural or other disaster (such as volcanic

ash or hurricanes or similar events), nuclear incident, fire or bushfires,

adverse weather conditions (actual or threatened, including snow

and fog), closed or congested airports or ports or other modes of

transport, unavoidable technical problems with transport, unforeseen

alterations to transport schedules, transportation disruptions or

cancellations, domestic and/or international travel restrictions,

changes to travel advisories and restrictions, changes to health

advisories and quarantines, changes to immigration, labour and

free-movement laws resulting from BREXIT, rescheduling of aircraft or

boats or other modes of transport, changes to applicable laws and/or

other government mandates (including evacuation orders and border

closures), and similar events).

BLUE-ROADS' DETAILS DMC Operations USA Inc, trading as Blue-Roads Touring Company, 5 Paragon Drive, Montvale, New

Jersey 07645

LOCALLY OPERATED

TOURS

All tours are operated by Blue-Roads except the following: “Highlights of the Baltics” operated by Baltic

Travel Group, Riga, Latvia; “Majestic Morocco” operated by Peak DMC, Melbourne, Australia.

DEPOSIT $200 per person, payable at the time of booking.

Private or group: the required deposit will be specified in your quote.

BOOKING TRANSFER

ADMINISTRATION FEE

If you transfer your booking to another individual, you must pay our fee of $60 (as well as any other

applicable travel service provider charge).

GOVERNING LAW AND

JURISDICTION

The laws of New Jersey with the state and federal courts of New Jersey having exclusive jurisdiction

over any dispute relating to these booking terms and conditions.

CHANGE AND

CANCELLATION FEES

Days before

departure

Change and Cancellation

Fee (% of tour price)

Pre/post

accommodation

Pick ups/

transfers

Over 60 Deposit (cancellations) Nil Nil

60-31 50% Nil Nil

30-0 100% 100% 100%

Private and group tours: $60 (or such other amount specified in your quote). In addition to our

administration charge, you will have to pay all travel service providers’ applicable cancellation charges.

Terms and Conditions

USD $

Page 2 of 2

A material modification is one that has a serious impact on your tour

and would cause substantial inconvenience to you (including a change

of departure date, departure point or airport, or change of departure

time of more than twelve hours). A change of accommodation type,

size or style, or transport type, size, method or style, is not a material

modification. For example, we may alter or substitute the type, size,

method or style of transport mentioned in the brochure and website,

depending on the number of passengers carried, which can vary from

tour to tour. In certain countries there are strict laws governing drivers’

hours and this may necessitate utilising public transport in some cities.

CANCELLATION DUE TO UNAVOIDABLE OR EXTRAORDINARY

CIRCUMSTANCES

If your tour is cancelled due to unavoidable or extraordinary

circumstances, we will offer you a travel credit for the full amount paid

by you. If your tour is cancelled due to unavoidable or extraordinary

circumstances after the tour has commenced, we will offer you a prorata travel credit for the days that remain on your tour. Travel credits are

subject to the Blue-Roads Touring travel credit terms and conditions

(see below).

SUPPLIER CHANGE AND CANCELLATION FEES

Changed or cancelled bookings for any reason (including by reason

of matters outside your or our control) may also incur travel service

provider fees, which can be up to 100% of the cost of the booking,

regardless of whether travel has commenced. Travel service provider

fees may also apply where a booking is changed for any reason and

when tickets or documents are re-issued. Where we incur any liability

for a travel service provider change or cancellation fee for any booking

which is changed or cancelled for any reason, you agree to indemnify

us for the amount of that fee. Where you seek a refund for a changed

or cancelled booking for which payment has been made to the travel

service provider, we will not provide a refund to you until we receive

the funds from that travel service provider (which may take 12 weeks, or

longer, dependent upon the supplier processing time). In the event we

are still holding the funds, we can only provide you with a refund once

we are authorised by the travel service provider to process your refund,

subject to that travel service provider’s change or cancellation policy.

OUR LIABILITY TO YOU FOR BLUE-ROADS OPERATED TOURS

If the tour does not materially comply with the description in the

brochure and/or website, we may compensate you to a maximum

value equal to the price of the tour. We will only be liable to pay the

maximum amount of compensation where there has been a total failure

of consideration for your payment.

We will not be liable where any failure in the performance or provision

of your tour is due to: (i) your acts or omissions or the acts or omissions

of another member in your group; (ii) any third party not connected

with the provision of your travel arrangements; or (iii) unavoidable and

extraordinary circumstances.

Our liability will in all cases be limited in accordance with and/or in an

identical manner to relevant international conventions, including, but

not limited to, the Carriage by Air Conventions (within the meaning

given in section 1(5) of the Carriage by Air Act 1961), the Athens

Convention of 1974 on the Carriage of Passengers and their Luggage

by Sea and the Convention of 1980 concerning International Carriage

by Rail.

Neither we nor any of our related bodies corporate, directors, officers,

employees, servants or agents accept any liability in contract, tort or

otherwise for any injury, damage, loss (including consequential loss),

delay, additional expense or inconvenience caused directly or indirectly

by the acts, omissions or default, howsoever caused, whether negligent

or otherwise, of any of our related bodies corporate, directors, officers,

employees, servants or agents, or any losses, except to the extent that

such loss or damage is incurred as a direct result of our fraud or wilful

misconduct.

Where the law implies a warranty into these terms and conditions which

may not lawfully be excluded, our liability for breach of such a warranty

will be limited to either supplying the services again or payment of the

cost of having the services supplied again.

We will not be responsible for any loss or damage sustained by you as a

result of a contravention of any law or regulation of any of the countries

visited while on the tour.

OUR LIABILITY TO YOU FOR LOCALLY OPERATED TOURS

If your tour is a Locally Operated Tour our obligation to you is to (and

you expressly authorise us to) make tour bookings on your behalf

with reasonable skill and care and to arrange a contract between you

and the relevant Local Operator. We exercise care in the selection of

reputable Local Operators but we have no control over, or liability for,

the services provided by third parties. All bookings are made on your

behalf subject to these and all other terms and conditions, including

any conditions of carriage and limitations of liability imposed by the

Local Operator. Your legal rights in connection with such tours are solely

against the Local Operator and are not against us, except to the extent

a problem is caused by fault on our part.

SEATBELTS

You must wear a seatbelt at all times whilst you are in any vehicle.

Neither we nor any Local Operator will be liable for any injury, death or

claim howsoever arising from any accident if you have failed to comply

with this requirement.

FLEXIBILITY DURING TOUR

Every effort will be made to operate all tours as advertised but there

may be a necessity to vary the itinerary from that stated in the brochure

and website, and delays may occur for a variety of reasons beyond

our control. The need for a flexible attitude to this type of travel is

important. All decisions relating to a tour itinerary will be taken by the

Tour Leader, as appointed by us in the interest of the group as a whole.

Please note that due to public holidays, changes to local operating

hours and supplier availability some sights or activities may not be

available on a particular tour. No refund will be made for services which

for whatever reason are not used by you once the tour has departed.

OPTIONAL ACTIVITIES AND EXCURSIONS

Neither we nor our employees, servants, agents and/or contractors

make any representation or warranty in relation to implied or explicit

suggestions or recommendations of services, activities and events

not highlighted as included in a tour as per the brochure, website

or itinerary. You are responsible for all risks associated with the

transportation to/from, and your participation in, or visitation to, any

place, activity or excursion not expressly listed as an inclusion as per the

brochure, website or itinerary.

During your tour you may be offered the chance to purchase various

optional excursions and activities. We do not own, operate or control

any of the companies or individuals which provide the optional activities

or excursions. Some of the optional activities and excursions may be

inherently dangerous and risky. If you want to take part in such optional

activities or excursions you must be fit enough to do so and must follow

all reasonable instructions. The standards of health and safety which will

be adopted by the company or the individual providing the optional

activity or excursion will be those of the country where the optional

activity or excursion takes place. Please note that these standards may

not be the same as you would find in your home country. If you wish to

book any optional excursion or activity, you may do so subject to the

operator’s terms and conditions. Your contract will be with the operator

of the activity or excursion and will be governed by local law. We act

only as their agent. Neither we nor any of our related bodies corporate,

directors, officers, employees, servants or agents accept any liability

in contract, tort or otherwise for any injury, damage, loss (including

consequential loss), delay, additional expense or inconvenience caused

directly or indirectly by the acts, omissions or default, howsoever

caused, whether negligent or otherwise, of any operator or operator’s

employees, agents or sub-contractors, or any losses.

DIETARY, HEALTH AND SPECIAL REQUIREMENT

You must clearly state all your dietary requirements at the time of

booking. We cannot guarantee that special dietary requirements can

be met and we cannot take responsibility for any such requirements not

being fulfilled.

Walking is a fundamental part of our tours and certain tours may not be

suitable for people with reduced mobility.

If you have a medical condition (including any mental health

disorder) that may reasonably affect your tour or you require special

arrangements to be put in place, you must inform us in writing at the

time of booking. We may ask you to complete a medical assessment

form to assist us. If we cannot reasonably accommodate your particular

needs, or where your participation will cause unreasonable disruption to

the functioning of the tour, we may decline the booking or ask for you

to be accompanied by a person who is able to provide full assistance

to you throughout your tour. Please be aware that your fellow travellers

may be of a diverse age range and from various nationalities.

YOUR LIABILITY TO US

You will not be permitted to embark or continue on the tour if, in the

reasonable opinion of our representative, your mental or physical

condition renders you incapable of caring for yourself, or where you

become objectionable to other passengers, or where you become a

hazard to yourself, other passengers, our personnel, any third party or

where you have engaged in any illegal activity during a tour.

We will not be responsible for expenses resulting in you being

precluded from completing the tour for any reason, nor will we refund

you any part of your tour cost. In all cases we will notify you of the

reasons why we have taken this action. We will have no obligation

to arrange for your return to the point of the tour departure if your

condition manifests itself after the tour departure. Further, if the tour

involves travel by air, the airline may refuse to allow you to fly on the

aircraft if they believe that you could be dangerous or disruptive to

other passengers on the flight.

You agree to indemnify us in full and on demand against all losses

(direct and indirect and howsoever caused) arising from any third-party

claims, demands or actions taken against us for injury, loss, damage

or destruction caused by you or arising from your participation on the

tour. Without limiting the foregoing, you agree to indemnify us for

all excess cleaning fees and property damage claims related to your

accommodation.

INSURANCE & CLAIMS

You must take out comprehensive travel insurance before you travel on

your tour. Your insurance protection must include cover for cancellation,

medical and repatriation expenses, personal injury and accident,

death, and loss of personal baggage and money and personal liability

insurance. Evidence of such insurances must be produced to us on

request and normally on day one of your tour or date of departure.

Insurance cover offered by credit card companies or reciprocal medical

cover agreements are often not comprehensive.

If you make a claim against us you agree to assign to us or our insurers

any rights to take action against any third party supplier/tour operator

or any other person or party that may have been wholly or partly

responsible for the claim or who we reasonably consider should be a

party to the action. You must co-operate fully with us should we or our

insurers wish to enforce those rights which have been assigned to us. If

you make a claim against us which is covered by your insurance policy,

you agree to pursue the claim through your insurer either in addition

to, or in substitution for, your claim against us (if any). We agree to

indemnify you in respect of reasonable expenses incurred in successfully

pursuing such a claim and acknowledge that any settlement made by

the insurer shall not prejudice your rights against us.

TRAVEL ADVICE

We recommend that you visit your government’s travel advice

website prior to the commencement of travel. In the UK, the Foreign,

Commonwealth and Development Office issues travel advice and

warnings at www.fco.gov.uk. The Australian government provides an

equivalent service at www.smartraveller.gov.au.

We strongly recommend that you familiarise yourself with the

current status and updates to United States’ immigration and border

arrangements during the COVID-19 (Coronavirus) outbreak.

We use information from government departments and reports from

our own contacts in assessing whether the tour should operate.

However, it is also your own responsibility to acquaint yourself with all

relevant travel information, including applicable health risks and the

nature of your tour. You acknowledge that your decision to travel is

made in light of your consideration of this information and you accept

that you are aware of the personal risks attendant upon such travel and

assume responsibility for all such risks. To the fullest extent permitted

by law, we accept no liability in relation to these additional risks.

COMPLAINTS

In the event of any dissatisfaction with the accommodation or any other

service provided by us, you must report it immediately to the Tour

Leader, as appointed by us, so that action can be taken to remedy the

problem. Failure to immediately notify the Tour Leader of any problem

may result in your claim for compensation from us being denied or

reduced. Any complaint made to us following the conclusion of the

tour should be made in writing within 28 days of completion of the

tour. In the event that you do not notify us in writing within 28 days, our

ability to investigate the complaint may be prejudiced. In the UK, we

can also offer you ABTA’s scheme for the resolution of disputes which

is approved by the Chartered Trading Standards Institute. If we can’t

resolve your complaint, go to www.abta.com to use ABTA’s simple

procedure. Further information on the Code and ABTA’s assistance in

resolving disputes can be found on www.abta.com.

DATA PROTECTION

We are committed to protecting your personal information and agree to

process your personal information in accordance with our Privacy Notice,

which is available online at www.blueroadstouring.com/privacy. In order

to make your booking and ensure that your travel arrangements run

smoothly, we need to use the information you provide and pass it on

to other relevant suppliers who are responsible for parts of your travel

arrangements. In many cases this will include transferring your data to

overseas recipients (including to recipients outside of the European

Union). Personal information may also be provided to public authorities

such as customs or immigration if required by them, or as required

by law.

SMOKING

We enforce a non-smoking policy on our coaches (although we make

frequent stops for breaks) and in most of our accommodation.

LUGGAGE

There are strict weight limits for coaches when fully loaded. You are

entitled to have one piece of main luggage of standard size (see

the pre-departure information or our website for size limits) and not

weighing more than 20kg. In addition you may bring a daypack.

PUBLISHING CONSENT

You acknowledge and agree that our future advertising and publicity

material may include statements made by passengers, or their

photographs, and you consent to such use of your comments or

photographic/video likeness.

WI-FI

We will endeavor to deliver Wi-Fi connection (if stated on the relevant

tour) to the best of our ability. This service is subject to availability and

may not be available on some peak season departures or in the event

of technical issues.

***

BLUE-ROADS TOURING TRAVEL CREDIT TERMS AND

CONDITIONS

To redeem your Blue-Roads Touring travel credit, please visit

www.blueroadstouring.com/contact-us for contact details or see your

local travel agent. Travel credit applies to the tour price only, and is

not applicable to any other additional services or ancillary cost. This

offer is valid until further notice. Refund in the form of a non-refundable

travel credit to the value of the amount paid plus $300 USD per person,

redeemable for travel until 31 December 2021. Travel credits are not

redeemable for cash. The new booking is subject to any increase in

price at time of purchase. Offer may be withdrawn at any time and

other restrictions may apply