1- Acceptance of the Contract
Upon purchase of the Tour Package the terms and conditions set forth herein become a binding contract between the Purchaser and the Supplier, Openmind Traveler. Acceptance of this contract occurs when the deposit is received by Openmind Traveler at its office in Nongkhai, Thailand. The purchaser represents by tender of payment that the itinerary meets the purchaser's expectations and requests.
a. The purchased tour package consists of the itinerary prepared by Openmind Traveler. The itinerary is the written travel document sent by Openmind Traveler, listing the daily activities and travel services purchased.
b. Confirmation of travel arrangements. The travel arrangements are not confirmed until Openmind Traveler has received the required deposits and the urchaser has received formal confirmation from Openmind Traveler.
c. Hotel/Home stay accommodation. Hotel accommodation classification standards in Thailand and Laos do not refer to standards used in Western countries. The accommodation in home stays is simple, as specified in the itinerary.
d. Transfer refers to transportation from one location to another, generally between airport/rail station, hotel/home stay and activities places. Determination of the appropriateness of the vehicles shall be determined by the provider of the service.
3- Reservations and Payment
To reserve a space on any tour we require a deposit of 50% of the full price. Deposits are due no later than 10 days from the date of the reservation. Early reservations are essential to guarantee your accommodations on the dates you wish to travel. Reservations made within 30 days of the departure require full payment plus any additional charges for expenses incurred due to special mailing, fax charges, etc. Final payment is due 30 days prior to departure. If this final installment is not paid when due, Openmind Traveler reserves the right to treat the reservation as cancelled.
The Purchaser is responsible for selecting a trip appropriate to his or her health, physical abilities and interests. The right is reserved to decline to accept or retain a person as a tour member for any reason which affects the operation of the tour or the rights, welfare or enjoyment of the other tour members.
5- Price Of The Tour
The tour package price includes all the pre-paid travel services together with the charges by Openmind Traveler for its services in preparing the itinerary.
a. All prices are accurate and available at the time of publication and include charges for planning, operation and servicing the package. Prices do not include airfare unless otherwise stated.
b. Until full payment is received from the Purchaser, prices are subject to change, due to fluctuations of tariffs, exchange rates and other factors beyond Openmind Traveler’s control. If the group falls below the minimum passenger requirement, the trip is subject to cancellation or repricing.
c. Openmind Traveler has no obligation to provide the Purchaser with any information concerning the costs utilized in establishing the price of the tour, either before, during or after the tour is completed.
d. The price does not include charges for passports, visas, inoculations, excess baggage charges, trip cancellation or interruption, accident and baggage insurance, or transportation not included in the itinerary, optional tours, items of a personal nature, items not specifically listed as included and international departure taxes.
6- Cancellation Policy
Openmind Traveler's fees are non-refundable. We strongly encourage you to purchase trip cancellation insurance soon after registering for a tour. Openmind Traveler can arrange it on request.
No refunds are given for any unused pre-paid services included in the tour or any changes made in the itinerary while enroute, including changes in accommodation, excursions and transportation services. Charges included for services provided by Openmind Traveler are not subject to refund.
8- Changes in Itinerary by Openmind Traveler
Openmind Traveler reserves the right to:
a. Make changes or cancellations in services where such changes are made necessary by circumstances beyond Openmind Traveler’s control, including changing carriers and substituting similar accommodations for those designated in the itinerary.
b. Cancel any tour due to inadequate sign-up which makes the tour economically infeasible to operate. In such cases a full refund of the cancelled trip cost is the limit of Openmind Traveler’s liability.
9- Warranty Disclaimer
No guarantees or warranties, expressed or implied, are made that the tour package will meet all of the traveler’s expectations, specifically regarding weather or productiveness.
10- Airfare Considerations
Openmind Traveler cannot be responsible for any part of the package that might be missed because of the cancellations or delays of commercial airlines. Openmind Traveler will make reasonable efforts to assist the Purchaser in transferring to the destination, but the Purchaser is responsible for any additional expenses incurred in making this transfer.
Openmind Traveler’s liability is limited to the terms of the land services contract. Group organizers, travelers and tour participants, individually and jointly, release Openmind Traveler from any and all liability and responsibility, known or unknown, present or future, for any and all loss, injury to person, damage to property, or accident, or which may be the result of any delay or change of itinerary, or irregularity connected with the tour package purchased, which is beyond its control, included but not limited to transportation problems, fire, machinery or equipment malfunction or failure, government actions, civil disturbances, labor disputes, riots, thefts, sickness or weather, and which includes all expenses or damages, direct or consequential, claimed or sustained by group organizers, tour participants or travellers, and waive Openmind Traveler off any claim of negligence by any of the suppliers of services included in the tour package. All baggage shall be carried at participants own risk. The Purchaser is solely responsible for obtaining necessary travel documents for the areas visited. This release is binding upon group organizers, tour participants, travellers and their representatives.
12- Choice Of Law And Venue
All questions of law in any action based upon any claim of breach of this agreement shall be determined in accordance with the laws of Thailand as existing at the time of such action. Any action brought by either party based on any claim arising under or as a result of this contract or based on the tour package of which it is a part, shall be brought in a court of competent jurisdiction in Nongkhai Province, Thailand.