BAJO LLC. NOTICES, TERMS AND CONDITIONS
We are BAJO LLC (Bajo Traveler) and we look forward to the opportunity to act as your travel service agent for your travel needs. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. BAJO, LLC (the “Travel Service Agent”), a company organized and existing under the laws of the state of Oregon, U.S.A, with its head office located at:
1574 COBURG RD # 110
EUGENE OR 97401 USA
The terms “we”, “us”, “the Company” and “our” refer to BAJO LLC. The term “you” and “the Client” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
WHEREAS BAJO, LLC is in the business of providing travel management and other travel agency services;
WHEREAS the Client wishes to obtain such services from BAJO, LLC and BAJO, LLC wishes to be the provider thereof to the Client, subject to the terms and conditions of this Agreement;
NOW THEREFORE in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DUTIES AND OBLIGATIONS OF BAJO LLC
COMMITMENT OF GOOD FAITH
BAJO LLC shall endeavor to act in good will and make all efforts within its competence and belief to ensure an enjoyable and safe journey that satisfies the Client and fully meets his/her expectations and wishes.
PRODUCTS AND SERVICES
We sell a variety of travel related products from different suppliers and service providers (“Suppliers”). Each Supplier may have its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Our website, which is referred throughout this Agreement, can be found at www.bajotraveler.com
BAJO LLC is acting as intermediary or a “Booking Agent” for products and services that may not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers or third party providers in connection with such products and services.
BAJO LLC shall use its best efforts to ensure that third party providers of airline, hotels, tour operators or vehicle services or other third party goods or services suppliers, selected or used by the Client in the provision of Services to the Client hereunder, are solvent and provide high quality services.
The price shall be negotiable between BAJO LLC and the Client based on current rates and tariffs and the Client’s wishes and preferences. The tour price shall include the cost of the entire tour and shall not be divisible by individual items or services of the tour. No refund or reduction will be made for non-utilization of any item or service included in the tour price finally agreed between the BAJO LLC and the Client for any reason whatsoever.
RESERVATION AND DEPOSIT
A reservation must be made in the written form by mail, telefax or e-mail and accompanied by an acknowledgement of these Terms and Conditions. The reservation shall become a binding contract between the Client and the BAJO LLC only upon issuance by the Company of a written confirmation of the reservation and payment by the Client of at least 25% deposit. On occasion, some tours trips may require a higher deposit, in which case you will be advised at the time of booking. If you are booking less than 8 weeks prior to departure, the full cost of the trip is payable.
On receipt of your booking form and deposit we will confirm your booking in writing, then approximately 8 weeks before departure we shall send you further information relevant to what you have booked, together with a final invoice, which will also show any surcharges due (if applicable).
Payment of a deposit enables BAJO LLC to hold a reservation. The deposit must be payable by bank transfer at the time of reservation. The Client must pay the invoice within 10 days of the invoice date otherwise we reserve the right to treat the booking as cancelled and apply the cancellation conditions as set out below. Your travel and tour documents will be dispatched about 10/14 days before the tour is scheduled to begin. BAJO LLC reserves the right to refuse personal checks as a method of payment.
PRICES AND TARIFF CHARGES
Unless otherwise noted, all prices and tariffs are in US Dollars. The prices quoted to the Client at the time of the reservation may subsequently be altered only if certain price determinants such as the US Dollar exchange rate, fuel costs, taxes or other government levies and etc. change.
Once the full tour price has been paid, it shall not be altered for these reasons. Price alterations shall apply only to the unpaid portion of the tour price; however, no price changes can be made less than 20 days prior to the tour commencement date. Special rates shall apply to any requested services which are not included on these pages.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
CANCELLATION AND CHANGES
CANCELLATIONS AND CHANGES BY THE CLIENT
You or any member of your party may cancel your trip at any time provided that the cancellation is made by the person who signed the booking form and is communicated in writing and shall be effective only when received by BAJO LLC. As this incurs administration costs we will retain the deposit and in addition will apply cancellation charges.
The periods before departure within which written cancellation is received and the cancellation charges, shown as a percentage of the total holiday price, which will be applied are:
If you are obliged to cancel, you may, with reasonable notice, transfer your booking to a third party who satisfies the conditions required taking that trip, but we will retain your deposit to cover the administration cost for the transfer.
If the Client fails to arrive for start of the tour at the scheduled time and place, or is unable to do so for any reason whatsoever, including the lack of valid travel documents (passport, visa, etc.), he/she shall not be eligible for any refunds. However, in the event of such occurrences as war, outbreak of a contagious disease, natural disaster or any other circumstances beyond control, which completely or substantially prevent, materially adversely affect or otherwise materially impede the tour, the Client will have the right to cancel the tour even if 30 days or less remain before the scheduled departure date. In such a case, the Company will refund all amounts already paid, less the booking and bank transfer fees.
The Client has the right to request non-major modifications of the tour, including the commencement date, route, destination, activities and duration that do not materially affect the total price of the tour.
CANCELLATIONS AND CHANGES BY BAJO LLC
In the event of unforeseeable events and circumstances beyond control of the Company such as war, epidemics, natural disasters, military operations, etc., the effects and consequences of which can not be commercially reasonably mitigated or prevented, as well as delays and deviations caused by weather conditions (heavy rains, thunderstorms, fires, etc.) or public services (changes in the schedule of air transport and railway), the Company reserves the right to cancel the tour or make changes to the travel arrangements as follows:
In the case of cancellation, the Company’s liability is limited to a return to the Client of any amounts paid and the Client shall not be entitled to any other compensation whatsoever.
2. DUTIES AND OBLIGATIONS OF THE CLIENT
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
THE CLIENT SHALL COMMIT TO:
Comply with the country laws, requirements and formalities of local police, health and other public authority of the country being visited;
Act in a courteous manner towards the Company’s employees, guides and representatives and obey the instructions of the tour guide and/or group leader during the whole tour;
Cooperate with transport, hotel, restaurant operators and other providers and comply with their terms and rules under which such services are provided;
Respect the customs and traditions of local residents and rules of traditional dwellings; and, in general, of all such places where the Client alone is responsible for his/her acts;
Behave in an environmentally friendly manner.
Travel insurance is a vital part of your travel arrangements. BAJO LLC strongly recommends that the Client obtain appropriate international insurance valid during the entire stay of your journey, providing necessary travel coverage including but not limited to return expenses, medical expenses, expenses arising out of cancellation and/or modification, loss of luggage, accident and repatriation.
The Company shall not be liable whatsoever for any consequences that may arise out of the Client’s failure or negligence to obtain such insurance. BAJO LLC may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
TRAVEL ADVICE AND VACCINATIONS
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
HEALTH/MEDICAL CONDITION OF THE CLIENT
The Client confirms and represents to the Company that he/she is in good health and does not suffer from any serious medical condition that may be aggravated by participating in the tour activities, some of which may be physically demanding. If the Client becomes unable to complete the tour due to intentionally undisclosed health conditions, he/she shall not be entitled to seek any compensation whatsoever from the Company.
The Client must inform the Company in advance of any impairment or disability that may limit his/her participation in the tour activities. The Company shall endeavor to make reasonable efforts to address the needs and/or requirements of individuals with impairments or disabilities. However, the Client must take into consideration that the Company’s tour package and the Company’s personnel are not specially equipped to cater and/or provide for the needs and/or requirements of such individuals. Therefore, the Company strongly urges all intending tour participants to equip themselves with all special care and/or needs that they may require.
TRAVEL DOCUMENTS AND DESTINATIONS
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.
You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
You are also required to carry a valid International Student I.D., and International Youth I.D. or an International Teacher I.D. card if you are traveling on a special student/youth/teacher ticket. It is your responsibility to verify this with our travel expert who is assisting you.
IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us in the United States, either through the office where you made your arrangements, or through www.bajotraveler.com. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
3. ADDITIONAL TERMS
ASSUMPTION OF RISKS AND RELEASE OF LIABILITY
Participating in the tours organized by the BAJO LLC may involve the risk of death, injury, mental or emotional trauma, disability or property damage from hazards and dangers associated with such activities as 4WD driving and self-driving, horse riding, hiking, fishing, trekking, rock climbing, swimming, etc., including but not limited to injuries caused by falling from horse, yak or camel, injuries resulting from slipping or falling on uneven terrain, injury or illness resulting from exposure to cold, sun, windy or other weather conditions, injury resulting from non-use, misuse or failure of equipment, including cars, riding or climbing hardware, as well as improper treatment of animals. Certain risks are inherent in these activities and cannot be eliminated or mitigated. There may be other risks associated with remoteness of medical centers and lack of appropriate medical personnel or medication or risks caused by a third party such as theft, robbery, physical or emotional assault.
By making a reservation with BAJO LLC, the Client affirms that he/she has considered these risks, that his/her participation in the tours organized by or involving the Company is entirely his/her choice, and that he/she agrees to freely accept and fully assume all such risks as well as any other risks involved in participating in the tours and tour activities organized by the Company and the possibility of any resulting injury, loss or damage.
The Client and its beneficiaries agree to release, waive and discharge BAJO LLC and all of its employees, guides and representatives from and against any and all presently existing and/or future liabilities, damages, actions and claims relating to or arising from any activity, occurrence or event involving the Company, or relating to or arising from any action or omission by the Company or by any employee, guide, or representative of the company, regardless of whether such action or omission constitutes negligence. The Client and its beneficiaries further agree to indemnify and hold harmless BAJO LLC and all of its employees, guides and representatives from and against any loss, damage, liability and expense incurred by the Company as a result of the Client’s participating in the tours and tour activities organized by or involving the Company.
The Client will indemnify, defend and hold harmless BAJO, LLC and its affiliates, and their employees, directors, officers, agents and contractors, against and from any losses, claims, proceedings or investigations arising out of or in connection with a breach of this Agreement by BAJO, LLC, including, without limitation, attorney fees, amounts paid in settlement of claims, proceedings or investigations, except to the extent that such claim is due to the negligence or willful misconduct of BAJO, LLC.
Without restricting the generality of anything contained herein, BAJO, LLC warrants that its Associated Staff and those of its sub-contractors and any other parties over which it may exercise control, will, in the performance of the Services described herein, strictly adhere to all applicable federal, provincial, municipal and local law and regulations including, but not necessarily limited to, those pertaining to the environment and health and safety as well as to BAJO, LLC’s internal rules and policies. In the event of any breach of this warranty, the Client will indemnify, defend and hold harmless BAJO, LLC and its affiliates, and their employees, directors, officers, agents and contractors, from any claims, losses, damages, awards, judgments or prejudices (including attorney fees), which may be sustained as a result of any such breach.