BAY ADVENTURES VACATION CONTRACT TERMS AND CONDITIONS
Thank you for choosing Bay Adventures, Inc. to assist in arranging your vacation. This Contract establishes the terms and conditions you accept in partial consideration for the services provided by Bay Adventures. Please read this to ensure that you understand its terms and conditions. BOOKING/PAYMENTS: Required payments are as follows: Airfare payments are due in full at time of booking. Charter air-only, hotel & airfare, and land only packages are due based on the charter company’s policies. A minimum of 25% deposit is required for hotel, tour, and/or dive packages when booked more than 46 days prior to departure. Regardless of deposit, all reservations require full payment 46 days prior to departure or at time of booking, whichever date is closer to departure. Separate payment policies may apply to holidays or special pricing. At the time of placing your phone order, your credit card will be charged as you direct in accordance with the above policies. Any additional balance due will automatically be charged on the dates due to the same credit card, or you may call us prior to the due date to change the form of payment. Please contact us with any questions. Bay Adventures reserves the right to re-invoice your reservation should an error be made in computing your vacation price. Rates are subject to change including, but not limited to, increases in or establishments of surcharges, applicable taxes, government imposed fees, and airfare and hotel prices. CREDIT/REFUND POLICIES: Except under the limited conditions specified herein, your payments are non-refundable. Land Packages -- (hotel, tour and/or dive): all land packages (other than those including travel during holiday periods and/or stays at the Mayan Princess) are subject to a 25% penalty if cancelled or rescheduled 46 days or more before departure date, and such land packages cancelled or rescheduled less than 46 days before departure date are non-refundable. Land packages including travel during holiday periods (such as Christmas and New Years weeks) and Mayan Princess Packages are non-refundable within 60 days prior to departure and subject to a 25% penalty of the total land package price if cancelled or rescheduled more than 60 days prior to departure. Unused package vacation components (including but not limited to diving, meals, and hotel nights) are non-refundable. These regulations apply regardless of the reason for the cancellation of your trip. If your trip is rescheduled, your original reservations will be cancelled subject to the above-described policies. Any credit towards your rescheduled trip can only be provided if approved by the relevant Service Providers. Discretionary credits or Rescheduling by Service Provider: Rescheduling and/or granting credit toward future travel is at the sole option of the Service Provider (i.e.,the hotel, airline, dive shop, etc.), not Bay Adventures. Service Providers generally do not grant refunds for trips that are cancelled, rescheduled or interrupted, but they may, at their sole discretion, grant a credit towards a future vacation package. Restrictions and policies vary. Post-travel refund/credit requests pre-approved by a Service Provider must be presented to Bay Adventures in writing within 14 days of return and accompanied by written authorization from the Service Provider. Credit from one Service Provider may not used toward services provided by another. Airfare - Commercial airline tickets (for example: Continental, American, US Airways) are 100% nonrefundable and nontransferable. Change fees and/or penalties up to $175 per ticket may apply in addition to fare differences for cancelled, rescheduled or interrupted ticketed reservations prior to departure. Name substitutions are not allowed and name corrections are considered cancellations. No changes are permitted on or after departure date. Unused tickets have no value. Should your vacation be cancelled, interrupted or rescheduled for any reason, all credits, refunds and/or travel vouchers for airline tickets are processed solely by the airlines and issued at their discretion. Charter Packages - Charter Air and/or hotel bookings (for example: Funjet, Apple Vacations) are penalized up to 100% unless optional cancellation insurance was purchased at time of making the first deposit to the charter operator. All credits/refunds on charter packages are at the discretion of the charter company and are processed solely by the charter company. Travel Protection Options: As stated above, your payments are nonrefundable, except under the limited circumstance specified in this Contract. If your trip is cancelled, rescheduled or interrupted for any reason, including but not limited to weather, natural disaster, war, strike, or any other reason, you are not entitled to any refund unless you qualify for a refund under the policies discussed above. For example, if your trip is cancelled, rescheduled or interrupted due to a hurricane, you will not be entitled to a refund. BAY ADVENTURES STRONGLY ENCOURAGES YOU TO PURCHASE TRAVEL INSURANCE THAT CAN LIMIT YOUR FINANCIAL RISKS RESULTING FROM CANCELLATION OR ALTERATION OF YOUR TRIP.
RESPONSIBILITIES: Your Responsibilities - you are responsible for verifying all information and ensuring that you understand all of the policies, fees and requirements to which you are subject. You must check in with your airline at least 2 hours prior to the scheduled departure and report to the gate at least 30 minutes before departure time. Failure to comply with these conditions may result in denial of boarding. You are responsible for making sure that you, and all minors traveling with you, have all necessary documentation with you when you travel, including any paper tickets that are issued, picture identification, and proof of citizenship. Bay Adventures’ Responsibilities: Bay Adventures acts solely as a reservation agent for clients in relation to travel (including flight, automobile, and hotel accommodations), recreational activities (including boating, snorkeling, diving and other water sports) and other services (hereafter all of the above-described activities and services are collectively referred to as "Arrangements"), and Bay Adventures’ obligations are fully performed and its fees earned at the time Bay Adventures makes your reservations. Independent contractors furnish all Arrangements and Bay Adventures makes no guarantees or warranties, express or implied, on any such Arrangements. In consideration of being allowed to participate in the Arrangements arranged and/or reserved by Bay Adventures you assume the risks relating to Arrangements for yourself and any minor children for whom you are a parent, legal guardian, or otherwise responsible, and you agree that neither Bay Adventures nor any of its respective employees, officers, agents or assigns may be held liable or responsible in any way for any injury, death, or other damages resulting from participation in Arrangements. Bay Adventures is not responsible for losses or additional expenses due to any rescheduling or interruption of your travel plans as the result of weather, natural disaster (including, but not limited to hurricanes), war, strike or any other reason. All losses are the responsibility of the traveler(s). Bay Adventures is not responsible for any changes made by scheduled air carriers which are beyond our control. This includes, but is not limited to, routing changes, aircraft equipment changes, flight cancellations or any changes to flight schedule. In no event shall Bay Adventures be liable for consequential damages. Bay Adventures reserves the right to substitute hotel/motel accommodations and to make alterations in the itinerary which do not constitute a major change, if necessary, due to circumstances beyond the control of Bay Adventures. Bay Adventures reserves the right to cancel any tour prior to departure, in which case a full refund will constitute liquidated damages and full settlement of all liability. Bay Adventures is not responsible for any lost or damaged luggage before, during or after the tour program. Bay Adventures reserves the right to decline, to accept, or retain any traveler as a member of the tour program. Bay Adventures cannot be held responsible for the condition of accommodations. Bay Adventures is not responsible for any changes initiated by the traveler(s) after departure. Special requests such as room location, special meals or assistance will be communicated to the appropriate party, but cannot be guaranteed by Bay Adventures. Energy surcharges and additional bedding such as rollaway beds and cribs are not included and are payable directly to the hotel. Applicable Law: It is agreed by and between the parties to this Agreement that all disputes and matters whatsoever arising between the parties to this Agreement shall be governed by Florida law and shall be litigated, if at all, in and before a Court located in Miami-Dade County, Florida, U.S.A., to the exclusion of all other Courts. Photographs: Property and Room photographs shown are for informational purposes only and may not depict the actual category purchased. Maps: The maps on the Bay Adventures web site and travel documents represent approximate locations and attractions and are not meant to be exact in every detail.
Bay Adventures, Inc.
774 NE126th Street
N. Miami, FL 33161 USA
Tel 888- 599- 3483 / 305- 892- 4280