Consent to terms and conditions: Use of the services of Travel Marketing Services, Inc. d/b/a Ker & Downey of Houston, Texas (“Ker & Downey” and/or “our”) and our Web sites is subject to acceptance of these Terms and Conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our Web sites, you, the purchaser and/or traveler (“Customer” and “passenger” and/or “you/your”) agree to be bound by these terms. These terms restrict your rights and remedies and provide protection to Ker & Downey. These also include warranty disclaimers and liability exclusions. By using this Web site you acknowledge and agree (a) this is a fair balance because this Web site is accessible by you conveniently and at no charge to access the Web site; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this Web site or Ker & Downey’s services. Therefore, if anything is in these Terms and Conditions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this Web site. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, INCLUDING WARRANTY DISCLAIMERS AND LIABILITY EXCLUSIONS, PLEASE DO NOT USE THIS WEB SITE OR KER & DOWNEY’S SERVICES. No alterations to these terms and conditions may be made by any Ker & Downey employee, authorized representative or agent, unless in writing by an authorized officer of Ker & Downey.
Payments: An advance payment of 20% (25% for bookings traveling between December 15 and January 15) of all services per person is required to effect land and or airline reservations and to secure reservations more that 90 days prior to departure. Final payment is due 90 days prior to departure. Airline tickets and documents will be sent approximately four (4) weeks prior to Customer’s departure. Note: Airline reservations will not be ticketed without a copy of the appropriate pages of the traveler’s passport. If final and full payment is not received by the due date, reservations are subject to cancellation and deposits shall be forfeited. As a result of such cancellation, Ker & Downey’s and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, these Terms and Conditions, the Web site (www.kerdowney.com), and third party suppliers’ Web sites. All cancellation fees will be charged to the credit card you authorized to pay for travel services, including cancellation fees, or deducted from the supplier’s refund.
Deposits and payments for international and domestic air reservations are dictated by each individual air carrier. Ker & Downey will advise the Customer of the air payment schedule pertaining to the carrier(s) chosen. Airline tickets and travel documents will be sent approximately four (4) weeks prior to the Customer’s departure.
Changes to Confirmed Bookings/Late Bookings: It is confirmed that all Customers will immediately review the details of each travel segment for accuracy, and immediately inform Ker & Downey of any issues. Otherwise, change fees and/or late booking fees will apply. Bookings made within 45 days of departure are subject to a USD $150 per change/per person, as well as late booking fees. The airfares used to create the tour prices are capacity restricted and have advance purchase requirements. Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
Pricing: Prices shown are based on tariffs, exchange rates, and airfares in effect as indicated by each travel offering. Ker & Downey reserves the right to alter prices quoted should inflation, costs of fuel, labor or material, airfares or foreign exchange rates change. All rates are per person based on double occupancy, subject to availability at time of booking, may include early booking discounts, and may increase without notice. Non-discountable fees such as (but not limited to) port charges are included in pricing unless otherwise stated. Airfare, air taxes, fuel surcharges, transfers, government fees, and taxes are additional unless otherwise stated. A booking processing fee is additional and subject to change without notice. Information and pricing are subject to change without notice. In the event of a pricing error, or any omission, Ker & Downey reserves the right to adjust the pricing or make any other corrections. Every attempt has been made to include all taxes. In rare instances, certain entry fees and departure taxes must be paid in cash only upon entry and departure from a country, and may vary in price. Travel suppliers may add a fuel surcharge, and Customer agrees to pay it.
Not Included in Tour Costs: Following are examples of charges and fees not included in the tour cost: fees for obtaining passports or visas, excess baggage charges, inoculations, insurance, international airline ticket taxes, airport (or other) entry fees and departure taxes, optional tours, any items of a personal nature (such as phone calls, faxes, or room service), excess mileage carried out at the request of the passenger, and/or transportation not specifically listed as included. Beverages (liquor and soft drinks) and laundry are included at select properties and will be specified.
Alterations to Tours: If between planning time and/or during actual travel circumstances require changes, Ker & Downey and its suppliers of travel services reserve the right to cancel or vary any itinerary and substitute components of any tour, including (but not limited to) hotels and camps of comparable quality, if air schedule or surface transportation charges, security matters, and/or events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Additionally, Ker & Downey reserves the right to pass on to Customer(s) any expenditure occasioned by delays or events beyond its control. In case of any appreciable variation in its cost, Ker & Downey reserves the right to adjust its rates.
Payments and Cancellation: Cancellation penalties imposed by Ker & Downey suppliers are stringent, and are per person for land tour arrangements. The following cancellation terms apply effective as of the date Ker & Downey receives written notice of cancellation as to the land tour portion only.
Days prior to departure:
More than 90 days prior to departure – 20% of tour cost (25% for bookings traveling between December 15 and January 15);
90 to 61 days prior to departure – 25% of tour cost;
60 to 31 days prior to departure date – 50% of tour cost; (75% for Egypt cruises, 100% for Galapagos cruises, China cruises, and &Beyond properties);
30 days or less prior to departure – 100% of tour cost to include handling fee and liquidated damages for Ker & Downey
Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. Ker & Downey reserves the right to treat the booking as cancelled if the balance due is not paid when due.
It is strongly recommended that you visit other travel supplier Web sites, such as the airlines and cruises in your itinerary and view their individual cancellation penalties. Ker & Downey is not responsible or liable for any negligent acts or defaults of a supplier or anyone else not under our control – should you wish to cancel your travel plans, your right to a refund is limited by the supplier’s terms and Ker & Downey’s policies. If a refund is due, the supplier will credit your credit card account the reimbursable funds due you and Ker & Downey will charge your credit card for the cancellation fee. Your credit card statement reference line may display “Ker & Downey” and may not reflect a description of this fee. Supplier(s) may change their cancellation policies at any time. As a result of such cancellation, Ker & Downey‘s and supplier(s) cancellation penalties will apply, which are detailed in either your travel documentation, and/or the supplier’s Web sites, and above. All cancellation fees will be charged to the credit card you authorized to pay for travel services, including cancellation fees, or deducted from the supplier’s refund. Ker & Downey reserves the right to charge for changes at the rate of $150 per change per person.
No Refund For Unused Arrangements: As Ker & Downey’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion. Some tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour canceled.
Insurance: Ker & Downey offers access to many optional products and services to enhance every travel experience. Options such as travel insurance protect passengers and their investment. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and Ker & Downey’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Ker & Downey. Employees of Ker & Downey are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
Information for USA residents will be sent to you at time of booking. Ker & Downey is not permitted to sell travel insurance to non-USA residents.
Notes regarding Allianz travel insurance: Insurance premium is refundable if you cancel your insurance within 10 days of purchase and have not filed a claim or departed on your trip. / Coverage for an Existing Medical Condition is excluded unless: 1) You purchased your plan within 14 days of making your first trip payment or first trip deposit; 2) You purchased trip cancellation coverage that covers the full cost of all your non-refundable trip arrangements; 3) You were a US resident and medically able to travel on the day you purchased the plan; and 4) The total cost of your trip is $50,000 per person or less.
Currency Fluctuations: Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
Participation: Persons not fit for adventure trips due to health conditions, including but not limited to heart disease, chronic illness, physical handicap, advanced pregnancy, and/or mental illness should not participate in these rigorous travel programs. The Americans with Disabilities Act (“ADA”) is only applicable within the USA, and facilities for disabled individuals are limited outside its borders. A qualified and able companion must accompany travelers who need such assistance.
Air, Check-In, and Reconfirmation. UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Ker & Downey shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of two (2) hours prior to scheduled departure for domestic flights and three (3) hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares. Every attempt has been made to include all taxes in your package. In rare instances, certain entry fees or departure taxes must be paid in cash only upon entry or departure from a country, and may vary in price.
The cost of the tour may include airline transportation as required in the itinerary either from/to the USA gateway or for a portion of the itinerary. Tour prices are based on special airfares that do carry change and cancellation penalties. Please be sure you understand these charges before accepting the itinerary. Ker & Downey will not assume any responsibility for any air schedule changes; however, we will attempt to keep you fully informed of changes as we learn of them.
Supplemental fares for departure from all major cities are available. Please inquire for prices for First and Business class service.
Ker & Downey does not arrange for loyalty program / mileage free tickets or upgrades, but will be pleased to provide you with a detailed flight itinerary required for any of these programs.
Air tickets shall only be issued upon receipt of the appropriate copied pages of the traveler’s passport.
Alterations to Confirmed Bookings: If you decide to change any portion of your confirmed travel arrangements up to 46 days prior to departure, we will attempt to assist you at an administrative charge of $150 per change per person. Changes within 45 days of departure will be treated as a cancellation and rebooking.
Baggage: Each airline’s Web site has different rules regarding economy class passengers’ carry-on and checked suitcases. Please check in advance, because bags may be checked only to one of Customer’s intermediate stops, rather than final destination if: Customer must clear Customs short of the final destination, or Customer is taking a connecting flight involving two airlines which do not have an interline agreement (e.g., for intra-USA passengers: Southwest Airlines does not transfer bags to other carriers). One average-sized suitcase will be carried on safari; however, Customers who will be traveling by light aircraft on safari must carry medium sized soft luggage or duffel bags when flying sectors in small light aircraft, which have limited space for baggage and a weight restriction to be advised. City hotels store luggage for guests while they are out on safari.
Travel Documents, Including TSA and DHS Acceptable Identification Requirements: It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth, and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Ker & Downey strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. For further information, please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s Web site to ensure you and all members in your travel group or party obtain and carry travel documentation required.
Individual Entry and Exit Requirements: Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (See: http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html) We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (See: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
Risks/Safety: Travel to certain destinations may involve greater risk than others. Ker & Downey urges Customers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
Ker & Downey draws your attention to the fact that there are certain inherent risks in traveling to undeveloped areas of the world, where wildlife is prevalent, and safari camps are by their nature remote. Your participation constitutes acceptance at your own risk, which includes, but is not limited to, risks of whitewater rafting, kayaking and rafting (for example dangers of rapidly moving water, rocks and other submerged objects and hypothermia), elephant or horseback riding (for example, unpredictable behavior by the elephants and horses), hiking, walking safaris, downhill or cross-country skiing (for example, equipment failures, ice, or other trail obstructions) and in all trips there are also the ever present dangers of undomesticated and wild animals, inaccessibility to medical attention, and difficulty in evacuation from remote locations in the case of a medical emergency. Customer assumes all such risks with regard to these possibilities.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, KER & DOWNEY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
Health/Security/Travel Documentation Requirements: Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Malaria is endemic to regions of Africa, India, and some locations in South America, and precautions must be taken. Ker & Downey shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. Health matters, including but not limited to concerns related to norovirus, should be addressed to your personal physician. Customers traveling to areas where vaccination(s) are required are responsible to check medical requirements for wherever you may venture. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking, making deposits, and/or non-refundable payments. (Required or advised inoculations you decide to obtain upon the advice of your personal physician may need to be administered in a series of doses months ahead of your planned departure, and such time element should be taken into account by you BEFORE making deposits and/or nonrefundable final payments.) Check the U.S. State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the U.S. Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the USA visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Customer is responsible to make Ker & Downey aware when traveling on a passport from a country other than the USA.) Ker & Downey neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Ker & Downey is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification found http://www.tsa.gov/travelerinformation/acceptableids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
It is your sole responsibility to seek and take all appropriate medical advice relevant to your health prior to departure as to whether or not you are fit enough to undertake the trip booked. Ker & Downey shall not be liable for illness, injury or death sustained on a program sold by Ker & Downey, which is not due to the gross negligence of Ker & Downey, its officers and employees.
Hazardous Materials: USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five (5) years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
Insecticide Notice: All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
E-Tickets: E-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
Use of Ker & Downey Access and Information for Travel Bookings: You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Ker & Downey by any means, including our Web site in accordance with all terms and conditions herein. If you are under the age of 18, please do not use www.kerdowney.com. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Ker & Downey communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Ker & Downey is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Ker & Downey shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Limitation of Responsibility and Disclosure: Ker & Downey is not the source or supplier of the travel services requested, and acts solely as an agent for disclosed principal supplier airlines, hotels, cruise lines, safari camps, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services. Each of these companies is an independent entity with its own management, and is not subject to the control of Ker & Downey. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s terms and conditions are contained in printed form and/or on their respective web sites governing the transaction. All bookings are accepted by Ker & Downey as agent for independent third party travel suppliers in your itinerary. Transportation, accommodations and other services provided by the identified sea, air and operators offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including terms and conditions on their respective web sites. BECAUSE KER & DOWNEY ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE KER & DOWNEY IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF THESE SERVICES. KER & DOWNEY HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH KER & DOWNEY’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF KER & DOWNEY’S CONTROL, AND YOU HEREBY EXONERATE KER & DOWNEY FROM ANY LIABILITY WITH RESPECT TO THE SAME. KER & DOWNEY SHALL NOT BE LIABLE FOR ANY ACCIDENT, INJURY, PROPERTY DAMAGE, OR PERSONAL LOSS TO CUSTOMER OR TO THOSE TRAVELING WITH CUSTOMER IN CONNECTION WITH ANY ACCOMMODATIONS, TRANSPORTATION, OR OTHER TRAVEL SERVICES OR RESULTING DIRECTLY OR INDIRECTLY FROM ANY OCCURRENCES OR CONDITIONS BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, ACTS OF GOVERNMENTS OR OTHER AUTHORITIES, WARS, CIVIL DISTURBANCES, RIOTS, STRIKES, EPIDEMICS, QUARANTINES, ACTS OF TERRORISM, DEFECTS IN VEHICLES, BREAKDOWN IN EQUIPMENT, THEFT, DELAY, WILDLIFE, OR CANCELLATION OF OR CHANGE IN ITINERARY OR SCHEDULES. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Ker & Downey’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Ker & Downey. Ker & Downey shall not assume any responsibility for any air and/or ground schedule changes. KER & DOWNEY HAS SOLELY RECEIVED COMMISSIONS AND FEES FOR TRAVEL TRANSACTIONS AND CUSTOMER AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM KER & DOWNEY WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY CUSTOMER AND ACTUALLY RECEIVED BY KER & DOWNEY IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Force Majeure: “Force Majeure” means, in relation to Ker & Downey, any circumstances beyond the reasonable control of Ker & Downey, including, but without limitation: acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences.
Ker & Downey shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If Ker & Downey, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Ker & Downey to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Ker & Downey shall use its reasonable efforts to reimburse you where possible. However, Ker & Downey shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Ker & Downey of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Ker & Downey has investigated the prevailing situation, as it deems fit, it shall remain in Ker & Downey’s sole and absolute discretion whether to proceed with the trip. If, after having made all reasonable and proper inquiries, Ker & Downey is of the opinion that the trip may proceed, no refund will be payable to you. You may in such circumstances cancel the trip subject to Ker & Downey’s and each supplier’s terms and conditions.
Your Travel Agent’s Responsibility: At Ker & Downey, we are very proud of our relationship with travel agents throughout the world. To facilitate the reservations process for you, Ker & Downey requests it’s booking agents provide you with thorough communications pertaining to your booking. Your agent can assist and inform you on matters such as required documentation, payment schedules and cancellation policies. Your agent will assist you to the best of his or her ability in providing answers and information pertaining to your booking as well as immigration, customs and health requirements from your country.
Photographs/Videos: Ker & Downey reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Ker & Downey may use the photograph/video in publications or other media material produced, used or contracted by Ker & Downey, including but not limited to: brochures, invitations, books, newspapers, magazines, television, Web sites, etc.
No Copying Or Editing: No material from this Web site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent. You may not frame or mirror any material on this Web site on any other server or other location. Unauthorized use of any such material on any other Web site or computer environment or elsewhere is prohibited.
Reservation Of Rights – Changes To These Terms: Ker & Downey reserves the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this Web site and are effective immediately on posting. Please check frequently, especially before you use this Web site, to see if these Terms changed. Use of the Web site after any changes to the Terms constitutes your consent to the changes.
Access To Password Protected/Secured Areas: Access to and use of password protected and/or secure areas of this Web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this Web site may be subject to prosecution.
General: If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Ker & Downey with respect to travel bookings made with Ker & Downey by any means accessing such information, including its Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and Ker & Downey with respect to communications with Ker & Downey, including the Ker & Downey Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Electronic Communications: When you use any Ker & Downey service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
For Your Information: USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site is current only as of the date it is posted.
Security And Privacy: If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS KER & DOWNEY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KER & DOWNEY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KER & DOWNEY OR LAW ENFORCEMENT AUTHORITIES.
Copyright: All content contained on this Web site, including downloadable files, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the exclusive property of Ker & Downey and protected by United States and international copyright laws. No part may be reproduced or reused for any other purpose without due acknowledgement and advance permission of the copyright holder.
The content on this Web site is provided for information purposes only. While every effort has been made to ensure the accuracy and completeness of this information, Ker & Downey makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This Web site also offers links to other Internet sites which are outside of Ker & Downey’s control. It is the responsibility of users to make their own decisions about the accuracy, reliability, and correctness of information contained on these sites.
User Comments, Feedback, and Other Submissions: Always use caution and common sense when using the www.kerdowney.com Web site or our Facebook page, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. Ker & Downey encourages you to add comments and insights to venues where you are invited to do so. All information, comments, feedback, photographs, suggestions, and ideas disclosed, submitted or offered to Ker & Downey in connection with the use of www.kerdowney.com or other Web sites owned and operated by Ker & Downey (collectively, “Comments”), shall be and remain the exclusive property of the author, but, by submitting the same to Ker & Downey, the author hereby grants to Ker & Downey a non-exclusive, irrevocable, royalty-free, freely assignable (through multiple tiers) right and license to use such Comments, in any medium, for any and all purposes, including, but not limited to, commercial purposes (including, without limitation, marketing), displaying publicly, reproducing, or creating derivative works therefrom. For example, your comments may be used in radio, television, and print advertisements, and your photographs may be used in our marketing materials online and otherwise. Your name may be used with any Comments you submit. Ker & Downey is under no obligation to maintain your name or your Comments in confidence, to pay to you any compensation for any Comments submitted, to credit you with respect to any Comments, or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. By submitting any Comments to Ker & Downey or on any Web site, you are representing and warranting to Ker & Downey that you are the exclusive author of such Comments, that such Comments are your original work, and that you have all right, title and interest necessary to grant the rights to Ker & Downey granted by your submission of such Comments to Ker & Downey.
Design Marks: All rights are reserved. All other trademarks and service marks appearing on the site www.kerdowney.com are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other Web sites is prohibited. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any of the content contained in the Web site www.kerdowney.com nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Web site www.kerdowney.com or other sites owned and operated by Ker & Downey without the express prior written permission of Ker & Downey or the owner of such material (from whom you are solely responsible for obtaining permission) for any reason, and shall not acquire any ownership rights, nor create a database in electronic or manual form.
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