Questing Spirit, LLC - Terms and Conditions
All prices are based on 2008 rates and are subject to change on future trips.
This agreement contains the terms and conditions by which Questing Spirit, LLC, 45-3684 Mamane Street, Honokaa, Hi, 96727 ("Operator"), in consideration for a Participant’s payment, agrees to provide this travel tour. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SENDING ANY MONEY. Participant's sending of any payment, says that you have read these terms and conditions and agree to them.
RESERVATIONS AND PAYMENT: Operator accepts payment by CHECK, VISA, OR MASTERCARD. Make all checks payable to Questing Spirit, LLC. If payment is made by credit card, a signed, fully completed universal charge form ("UCC" without approval) or a fully completed Registration Form with the credit card portion signed and fully completed for full payment must be received to secure reservations. Any other person or entity (including a travel agent) who receives monies from Participants does so strictly as an agent of Participants. Tender of payment to Operator constitutes acceptance of these terms and conditions.
RESPONSIBILITY AND LIABILITY: Operator, as the principal, is responsible for arranging all of the services and accommodations offered in connection with these trips. The Operator does not own or operate, nor is it an agent for any of the firms which will provide goods and services for the trip or for any option which may be available in connection with the trip (including optional side trips, car rentals, etc.) and the Operator has not priced the trip or options to allow Operator to guarantee against failure of any such firms. Accordingly, Participant(s) agree to seek remedies directly with the supplier and not to hold the Operator liable, in the absence of negligence, for any loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods or services for the trip or any available option (e.g., without limitation, the quality of services, cleanliness of a hotel or accommodation, hotel overbooking or any flight delay). Participant(s) also agree not to hold Operator liable for circumstances beyond its control (e.g., terrorism attacks, force majeure).
Participant(s) acknowledge that neither Operator nor its agents have made any representation or promise with respect to the tour described herein except as expressly set forth in the Operator's literature, unless such agreement is in writing and signed by any officer of Operator. At any time, the Operator may decline, for any reason, any person as a Participant on a trip (or option) whereupon the Operator's only obligation shall be to refund to such person that portion of the payment allocable to the unused services.
CANCELLATION AND REFUND POLICY: The right to a refund if a Participant changes plans is very limited. All requests to cancel registration must be in writing and sent (return receipt) to the Operator. Operator will remit any refund to Participant(s) within 14 days after receipt of the cancellation request. Your cancellation notice must be received by the Operator by the deadline dates for refunds sent forth in the applicable registration form. All full or partial refunds prompted by Participant's cancellation request shall also be subject to an administrative charge of $75.00. The rights and remedies made available herein are in addition to any others available under applicable law. However, Operator offers refunds under this contract with the express understanding that endorsement of a refund by Participant(s) constitutes a waiver of any such additional rights and remedies by the Participant(s) against the Operator. Retreat Package is transferable, thus Participants may choose to transfer their retreat package into another name. Operator may cancel any trip at any time (though less than 14 days before departure only for circumstances which make performance physically or legally impossible), in which case Operator's liability shall be limited to a full refund to each participant within 21 days. In event of cancellation by Operator 14 or more days before the scheduled departure date, Participant(s) will be notified in writing within 7 days after cancellation, but in any event at least 10 days before the scheduled departure. If the trip is canceled less than 14 days before departure, Operator will notify Participant(s) by phone as soon as possible.
No refunds will be given by the Operator if the Participant does not particpate in all activities included in the retreat package. No partial refunds of any kind will be given if the Participant choses not to utilize all of the included ammenities, transportation, admissions, accommodations or any part of the included features of the package. Participant Substitutions of one service for another are not permitted and not included in retreat package. The Operator may chose to substitute one option or service for another if it is of same value for the participants.
FORUM FOR DISPUTES: This agreement is governed by and construed in accordance with the laws of the State of Hawaii. In the event a dispute can not be amicably resolved and a court action is required, Participant and Operator agree to have any dispute resolved in a court of competent jurisdiction in Hawaii County, Hawaii, subject to any rights of appeal.
CHECK-IN/DEPARTURE PROCEDURE: Failure to check-in a timely manner, without notice, and in accordance with the designated instructions that will be provided or other pre-arranged agreements, may result in cancellation and no refund will be granted. If you are late in checking-in and joining the group you must make your own transportation arrangements as to how and where you will be joining the group. The retreat itinerary does not allow for any early departures. After reading the itinerary carefully the Participant agrees to make all travel plans to arrive on or before the retreat arrival day and to depart on or after the departure date. Late departure arrangements must be made by the Participant(s).
PACKAGE PRICE: Includes only items specifically stated in Operator's current literature, the contents of which are specifically made a part hereof. Certain secondary features of a package (e.g., private services) are based on supplier or service provider policy and may be changed, added or deleted by the Operator after printing of literature. Operator has the right to substitute services or accommodations in similar categories for items listed in the literature, but no substitutions can be made by the participants. PLEASE NOTE: Operator reserves the right to re-invoice Participant(s) in case of an error made in computing retreat price.
INSURANCE: Trip cancellation/interruption, health, accident and luggage insurance is available from private companies and is optional but it is strongly recommended.
*INTERNATIONAL FLIGHTS: The operation of international flights is subject to the foreign government involved in granting landing rights for the flights. If the direct air carrier cannot obtain these rights, the flights will be canceled and full refunds of your airline costs are made to all Participants by the airlines you purchase your tickets through. Each passenger on these International flights will be required to carry a current Passport. No refunds for anything pertaining to your flights will be made from the Operator.
*LUGGAGE: The Operator will not be responsible for any lost, stolen, or damaged luggage or personal belongings of the Participant(s). Luggage travels at the risk of the Participant(s) and not of the Operator; and luggage insurance is strongly recommended.
*PROOF OF CITIZENSHIP: Participant(s) are responsible for determining and obtaining proper documentation. A passport for international travel is required. Failure to carry proper proof of citizenship may lead to denied entry to aircraft or foreign country. No refunds will be made. No refunds will be made if improper documentation results in denied boarding or entry.
*AIRCRAFT, FLIGHT CHANGES AND DELAYS: Participant(s) are subject to the ticket terms and tariffs of the airlines, which, when issued, shall be the sole contract between the airline and the Participant. Upon purchasing your airline tickets you must provide the Operator with a copy of you flight itinerary. If changes are made in your flight plan you must contact the Operator with notice of those changes.
ACCEPTANCE OF TERMS: Tender of payment to Operator constitutes acceptance of these terms and conditions by Participant.
*denotes applicable on international trips.