TERMS AND CONDITIONS

Damesly

Booking Agreement

Terms and Conditions

 

Terms and Conditions for Damesly 2022. Please read the following booking conditions carefully as they apply to bookings made through Damesly.

Damesly, LLC (hereinafter “Damesly”, “we”, “us”, “our”) is a boutique tour operator that seeks to empower women through travel to some of the world’s most amazing destinations. While traveling, we week to support women owned businesses and by doing so, we give back to the communities that give to us. We are excited to serve our clients (hereinafter “Client”, “you”) and make your next trip as memorable as possible! 

 Contract

We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you.  Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it. 

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all Clients in their group.

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.

Violations by You

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, and (c) your being denied access to the applicable travel related product or service.

Changes to Theses Terms and Conditions

Damesly reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions constitutes your consent to the changes.

Tour Postponement

Due to Covid-19, many of our 2020 tours have had to be postponed. We are working with our partners to be able to allow transfers. If your tour is postponed, we will transfer 100% of the payments you made to another departure date of your choosing in 2021 or 2022. We will be adding new departure dates as we get more clarity on the situation, so you can rest easy knowing your decision does not have to be made now. You can also pass along to someone else, if you are unsure you will be able to travel.

Booking Conditions

Once your booking has been paid for, you will receive a confirmation email and receipt. Please hold onto this email. Damesly tours all require a minimum of 4 guests to run, and thus, may not be confirmed until 30 days before the tour is set to begin.

Deposit & Final Payment

To confirm your booking, you will be asked to send us a $500 non-refundable deposit, applied towards the cost of your tour. This constitutes the “deposit.” Payment of the deposit amount constitutes the client’s acceptance of these Terms and conditions. Deposits include a $500 non-refundable fee. Final balance is due 60 days prior to your intended departure date unless otherwise stated. If you fail to pay by the due date, your booking may be cancelled, and your deposit may not be refunded.

Damesly will work with you to create a payment plan that helps you pay in full by 60 days out. Any payments made are non-refundable. If you make payments towards your trip, and then have to cancel within that process, you lose your deposit and any payments made towards the balance of the trip.

Damesly also reserves the right to decline to accept or retain any person as a member of the tour at its own reasonable discretion.

Payment Method

Credit card and Paypal are acceptable forms of payment. There is no fee to pay with either method.

Credit Card Bookings

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, Clients must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy.

Damesly retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Damesly or the Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy.

Prices

All prices are shown in US dollars and are current at date of printing this itinerary. Damesly reserves the right to adjust tour prices prior to final payment in the event of any circumstance beyond its reasonable control (including but not restricted to exchange rate movements between the quoted price and the actual price). 

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Tour Cancellation

Cancellation of travel must be made in writing and acknowledged via email to info@damesly.com and is effective from the date we receive the written notification. Our planning fee is always non-refundable. 

Damesly incurs costs with the suppliers of your trip well in advance of your departure date. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Damesly. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

In addition to the terms of our Suppliers, the following cancellation terms apply:

  • If canceling prior to final payment, $500 of your deposit is non-refundable.
  • A cancellation made by you after final payment but more than 30 days prior to the date of tour departure will incur a cancellation fee of 75% of the full payment.
  • A cancellation made less than 30 days before the date of travel will incur a cancellation fee of 100% of the full payment.

However in either case the cancellation fee may be reduced at the discretion of Damesly depending on the circumstances of cancellation.

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we require the purchase of a travel protection plan and strongly encourage including additional cancel for any reason coverage.

Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.

No refund will be issued (i) in the event that a client fails to join his or her tour or does not utilize accommodation or any services ; or (ii) for a partially completed tour other than as a result of the gross negligence or willful default of Damesly.

If We Cancel or Change a Tour

We make every effort not to cancel a tour. However in such a case Damesly must cancel a tour, except in the case of Force Majeure or failure to meet tour minimums, Damesly shall refund in full all payments made by a client, minus $500 non-refundable deposit.

In particular all Damesly tours are subject to minimum numbers. Every endeavor is made to ensure the tours take place but if the minimum number of clients is not reached, the tour will be canceled. If we are forced to cancel a tour due to lack of participants meeting the minimum, you are free to choose from the following options:

  1. a refund in full (minus your $500 non-refundable deposit)
  2. a credit of the full amount to be used towards other tours

Damesly reserves the right to amend or vary the itinerary or other services nominated in the tour brochure should it determine in its discretion that circumstances warrant such changes, that it would be in the best interest of the clients or for any other valid operational reason. Such changes shall not be considered material and you shall not be entitled to any refund based on these changes.

Changes and Cancellation by Supplier

We will inform you as soon as reasonably possible if a supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you.

If between planning time and/or during actual travel, circumstances require changes, our suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. 

Damesly cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the Client. Normal cancellation penalties still apply to the tour that has been changed.

If You are Asked to Leave a Tour

If you are asked to leave a tour for bad behavior, violence, or any other disruptive action, you will not be refunded.

Refunds

If you are eligible for a refund due to cancellation, the balance, less fees and non-refundable payments, will be forward to you. Please note that Damesly will not refund any payments until we have received refund monies from applicable suppliers. In some instances this can take up to 16 weeks.

Damesly is not responsible for any direct, incidental, consequential damages, expenses or losses that the Client may have incurred as a result of the booking including, but not limited to, visas, vaccinations, non-refundable flights, rail, or any other form of transportation, non-refundable car rental and parking or other fees, loss of earnings, or loss of enjoyment and opportunity. 

If the Client chooses to rebook in lieu of a refund and an alternative adventure chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference between the originally booked adventure and the lower-priced adventure. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price.  

Force Majeure

Damesly assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Damesly that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Damesly. The $500 deposit is always non-refundable.

Travel Insurance

Travel insurance is compulsory for all of our tours. You must provide proof of travel insurance prior to beginning our tour. We recommend and use World Nomads for travel insurance policies and claims. Damesly is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Damesly cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

 Destinations

Travel to certain destinations may involve greater risk than others. Damesly urges Clients to remain informed daily 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 destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Damesly will not be liable for damages or losses that result from travel to such destinations.

Passport & Visas

It is the responsibility of each Client to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When traveling overseas you must hold a valid passport with a minimum of six months validity from your return date. Foreign passport holders must have a re-entry visa. Traveling to other countries may require a visa or you may be refused entry.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

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 Client to miss flight(s), and subsequent scheduled travel bookings tours. Damesly bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry. 

International Air Travel

Our tours are based on land-only pricing so booking international travel is the responsibility of the client. Airline tickets are issued to and accepted by the passenger subject to the terms, regulations and conditions outlined at the time of booking by the airlines’ conditions of carriage.

Internal/Domestic Air Travel

Internal air travel is included where possible in our itineraries, but please check inclusions. Domestic airfares and/or chartered flights will generally be booked by our local supplier.

Client Information

Names provided to secure reservations must match Clients’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Clients voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

Confirm Your Flight

Damesly advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. Upon arrival at the destination it is your responsibility to meet the tour at the designated time and place.

Accommodation

Damesly tours are sold as shared rooms, meaning, you will share your room with one other participant. If you would like to upgrade to your own room, please contact us. There may be additional charges for such requests. Accommodation type varies based on tour. Some accommodations are luxury properties and/or holiday homes. Some are 3, 4 or 5-star hotels, depending on availability and resources of our suppliers in country. If any of the hotels noted in your itinerary are not available at the time of booking and a change becomes necessary, we will make every effort to ensure the substituted accommodation will be equivalent in standard. All certificates and other travel documents for tour services issued by Damesly and its partner agencies are subject to the terms and conditions specified by their suppliers, which are available upon request.

Clients should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. 

This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.  

One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, Clients should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Damesly does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

Sightseeing

Due to weather and factors beyond control, sightseeing schedules may need to be altered in some way. We make every effort to ensure a seamless transition, and a bit of fun along the way! As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.   

Inclusions

Ground transportation in the tour country, agreed number of nights’ accommodation, breakfast daily if outlined, plus some lunches and dinners, entrance fees, classes and tours according to the individual tour itinerary.

Costs not Included

Our tours do not include airfares, transportation to and from the airport, passport or visa fees, taxes, travel and health insurance, telephone expenses, drinks unless specified, excess baggage charges, tips and services not otherwise listed and all items of a personal nature. Some optional activities are included in the tour price. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

Change/Amendment of itinerary

Damesly reserves the right to change the itinerary for any reason, particularly if safety is a concern. As this is a group trip, no individual itinerary changes shall be accepted during the tour.

Clients Who Require Special Assistance

You must report any medical conditions or conditions requiring special assistance to us at the time of booking. Damesly and its suppliers will make reasonable attempts to accommodate the special needs of disabled Clients, but is not responsible in the event it is unable to do so, nor is it responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers. Most of our transportation services are not equipped with wheelchair ramps.

We and our Suppliers are, unfortunately, unable to offer additional assistance to Clients with limited mobility and all such assistance will need to be provided by whoever the Client is traveling with. Clients with disabilities must notify Damesly at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

Photos and Marketing

By traveling with Damesly you consent to use of images taken of your being used for advertising and promotional purposes unless otherwise notified. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

Limit of Liability

By accepting these terms the client acknowledges and agrees that to the full extent permitted by law, Damesly LLC and its representatives shall assume no responsibility and will not be held liable for any personal injury, property damage, or other loss, accident, delay or inconvenience sustained by the client in the course of or as a result of services provided by Damesly as part of the itinerary and that the client shall hereby release, discharge and/or indemnify Damesly and its representatives in respect of any such loss, injury or damage, accident, delay or inconvenience and/or from any liability arising from same.

Without prejudice to the foregoing, Damesly and its representatives shall have no liability or obligations to a client arising directly or indirectly out of any circumstances beyond its/their control including, but not limited to, breakdown in equipment, strikes, theft, delay, hijacking, act or threat of war (whether declared or not), riots, civil strife, terrorist activity, industrial disputes, discharge dispersal, release or escape of pollutants, natural and nuclear disasters, fire, sickness, bad weather, technical or transportation problems, closure of stations or airports, cancellations or changes of schedules by railways, air or bus lines or any other circumstances amounting to force majeure and/or Act of God.

Disclaimer

Damesly is not a carrier or hotelier, nor does it own aircraft, hotels or coaches. The services which Damesly provides consist of arranging and coordinating accommodation, tours and transfers, making bookings and issuing vouchers to be redeemed by suppliers if necessary. While Damesly exercises every care in the selection of reputable coach operators, hotels and other suppliers of the various services which are used in these tours, Damesly does not act as their agent and nor are such suppliers or service providers the agent of Damesly.

It is important to note, therefore, all bookings with Damesly are subject to the terms, conditions and limitations of liability imposed by such suppliers or service providers whose services are utilized, some of which may seek to limit or exclude liability in respect of death, personal injury, delay and loss or damage of baggage.

The client acknowledges and agrees that Damesly and its representatives assume no responsibility to the client and will not be held liable by the client for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity by reason of:

(1) any wrongful or negligent acts or omissions on the part of the suppliers or service providers,

(2) any wrongful, negligent, or unauthorized acts or omissions on the part of any employee or representative of these suppliers or service providers,

(3) any defect in or failure of any vehicle, equipment or instrumentality owned, operated, or used by any of these suppliers or service providers, or

(4) any wrongful or negligent acts or omissions on the part of any other party not under the direct control of Damesly.

Indemnification

Client agrees to and shall indemnify and hold harmless Damesly, and each of our officers, directors, employees and agents (collectively “Damesly”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Damesly (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by Client while participating in the trip.

Governing Law/Jurisdiction/Class Action Waiver/Damage Limitation/Notice of Claim

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Oregon exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Oregon. You agree that you will only bring claims against Damesly in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Damesly shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Damesly unless you have first provided a typewritten notice of claim to Damesly within 30 days after the tour or cancellation of the trip.

Entire Agreement and Severability

This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Damesly. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.