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Painted Dog LLC (hereinafter “Painted Dog Travel”, “the Company”, “we”, “us”, “our”) is a travel company, specializing in creating and booking tailored travel itineraries for individuals, groups and families (hereinafter ‘client(s)’, ‘you’. ‘your’, ‘traveler(s)’).
These Terms and Conditions, including all documents, correspondence and the terms and conditions of our suppliers form the basis of our contract with you. By asking us to confirm your booking, you acknowledge that you have read and accept all the Terms and Conditions laid out below of this Contract.
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. Painted Dog Travel is not liable for a group leader’s failure to share these Terms and Conditions with all travelers in his/her 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.
Payment: Upon your acceptance of the customized proposal, you will be sent links to complete the booking process and provide payment. Your booking will be confirmed on receipt of the completed registration form and payment. After booking you will receive your itinerary, an invoice with payment information, and other important travel information.
Painted Dog Travel's suppliers require payment well in advance of your departure date. By making a booking, you are subject to our suppliers’ terms and conditions, including cancellation terms. Advance payments will be required based on the specifics of your itinerary and are non-refundable. Some suppliers and airlines will require payment in full to hold your booking.
Upon booking, we will provide you with instructions of payments and all due dates. You must make all payments in full and on time. If you are booking within 60 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 60 days prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. For reservations made within 30 days of travel dates, additional late booking fees may apply. Failure to make a payment may result in the cancellation of your travel. In such a case, this would be considered a cancellation by you, and the cancellation terms and fees as described below would be in effect. We reserve the right to refuse any booking, in which case, a full refund will be provided.
Your contract for airfare, even if organized and booked by Painted Dog Travel, is solely with the air carrier and subject to its’ terms. We will not be liable for any change fees, cancellation fees or other additional cost you incur with the air carrier. If you are purchasing air tickets on your own, you must wait until we confirm your booking before purchasing your air tickets. Should you book tickets prior to confirmation and then changes are made to your booking dates for any reason, we will not be responsible for any penalties you incur.
Credit Card Bookings: We accept all major credit cards. Travelers must provide separate credit card 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.
Price & Rate Changes: The price of your itinerary will be based on known costs and local taxes at the date of issue of the itinerary. All prices we communicate are accurate at the date published, but we reserve the right to change any of those prices from time to time to make changes to and correct errors in advertised prices at any time before your travel is confirmed.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action.
We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport(s). Middle names are not required to appear on airline tickets. Date of birth and complete passport details are however 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. Travelers 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.
Pre-Existing Conditions and Dietary Requirements: The infrastructure of many of the destinations we travel to are not guaranteed to be accessible for wheelchair and other mobility needs. We will be delighted to discuss the feasibility of your participation in any of our trips, which will require transparent and details information of your specific needs.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Painted Dog Travel will communicate requests to suppliers but cannot be responsible if ADA accommodations are not available. Any charges related to accommodating any request will be the sole responsibility of the traveler. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Special diets should be requested at the time of booking, and your request will be communicated to our suppliers and reflected in your itinerary; however, it may not be possible for special diets to be catered to in all locations. For safety and liability reasons, Painted Dog Travel and its representatives and suppliers cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the suppliers of your request, but we cannot guarantee their availability.
For the safety or our guests, Painted Dog Travel reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
Destination Entry and Documentation: While we will make every effort to advise you of the most up to date information, it is your responsibility to ensure that you are in compliance with all requirements for admittance into the country or countries you are travelling to, including all health requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of all requirements for admittance to a country or state.
Generally, a passport valid for 6 months after your return date and with at least 2 blank pages will be required for travel outside the US. Additional documentation or visas may be required. It is your responsibility to have all required documents before traveling.
It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, and follow all medical advice in relation to your trip.
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 traveler to miss flight(s), and subsequent scheduled travel. Painted Dog Travel 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.
Itinerary Inclusions & Exceptions: Painted Dog Travel shall be responsible to the client for arranging, booking, and confirming the services, accommodations, transfers, tours, dietary and other special request offered on the client’s itinerary / invoice except to the extent such services and accommodations cannot be supplied due to causes beyond the control of the Company.
Descriptions of accommodations and services are based on our personal experience or information and updates provided to us by the supplier. This includes images and descriptions of the properties and rooms. While Painted Dog Travel does extensive due diligence and its best to maintain current and accurate information, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Any items and services not referred to in your itinerary are not included in your booking price. Any travel-related expenses not detailed as included on your itinerary, whether specified or not, are at your additional expense. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you deviate from your itinerary whether of your own volition, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Baggage Fees & Seating: Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. Painted Dog Travel is NOT responsible for additional fees incurred for baggage or seating.
Re-Confirm Your Flight: We advise you to personally 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.
Cancellation and Refund Policy: Painted Dog Travel is required to pay all suppliers well in advance of your travel date and therefore does not hold your funds. This includes but is not limited to accommodations, meals, services, tours, flights, and transfers. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform us immediately in writing and request a written confirmation of your cancellation. Upon receipt, we will communicate with suppliers as to any applicable refunds as outlined in the supplier’s terms and subject to their review. Though Painted Dog Travel will work extensively to facilitate this process, if you are entitled to a refund, note that the supplier is responsible for this refund, not Painted Dog Travel. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible or liable for a supplier’s failure to pay a refund or for a supplier’s bankruptcy or insolvency.
In addition to the suppliers’ terms, the following policy applies: Cancellations after reservations have been confirmed and paid in full or part will incur a minimum 20% fee, plus any penalties assessed by the suppliers of your travel arrangements. Once reservations are paid in full, the entire package is non-refundable. There will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion. Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refunds.
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 strongly encourage the purchase of a travel protection plan.
Cancelation or Changes by Painted Dog Travel: If circumstances require changes, between booking time and throughout your travel, Painted Dog Travel and its suppliers reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to accommodations of comparable quality, if air schedule or surface transportation changes, 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. Tours may be altered as described above. Painted Dog Travel 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 considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
Whilst no changes are anticipated, there may be occasions when alterations to your itinerary become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Painted Dog Travel reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control.
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel credits or refunds in accordance with the cancellation schedule above. Traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us.
It is the traveler’s responsibility to protect their purchases. Travel Protection Coverage, including additional ‘cancel for any reason’ coverage, is highly recommended to protect your trip investment, in the event you need to cancel, or your trip is interrupted due to any number of unforeseen circumstances to you, a traveling partner, or a close family member. Additionally, the insurance will assist and cover expenses for medical emergencies, including medical evacuation while traveling, as well as other travel related expenses such as delays, misconnections, lost baggage, etc.
Painted Dog Travel can provide a quote for various travel protection plans but is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We also cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any detailed questions about your travel protection you need to address those directly with the provider.
Certain countries require foreign visitors to have valid medical insurance on entry. Painted Dog Travel cannot be held responsible for denied entry if a traveler is unable to provide details to relevant authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. You further acknowledge that Painted Dog Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Painted Dog Travel shall not be liable for any losses howsoever arising.
Force Majeure: Painted Dog Travel 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 Painted Dog Travel 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.
Changes to Terms & Conditions: Painted Dog Travel reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted on our website and are effective immediately on posting. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.
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) the forfeiture of any monies paid for your reservation or purchase, and (c) the denial of access to the applicable travel related product or service.
You must be on time for all transfers and pre-booked tours detailed in your itinerary. There will be no refund for missed or unused transfers or tours. If you booked your own flight, you must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Covid 19 release of liability. By booking a trip, you voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Painted Dog Travel.
You acknowledge that your trip may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have proof of vaccination and / or of negative testing. You must meet all requirements of any stopover countries listed in your itinerary. Upon reentry to your home country there may be additional requirements due to COVID-19. Whilst Painted Dog Travel will assist as far as they are able, because of often rapidly changing and conflicting information, you are solely responsible for understanding these requirements.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Painted Dog LLC, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, or other illness, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Non-Responsibility: Painted Dog LLC, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to your trip. Painted Dog Travel is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Painted Dog Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Painted Dog Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Painted Dog Travel, nor its employees, agents, or representatives are, or may be, liable for any loss, injury, death or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Painted Dog Travel. Painted Dog Travel assumes no responsibility or liability for any delay, change in schedule, loss, injury, death or damage or loss of any traveler that may result from any act or omission on the part of others; Painted Dog Travel assumes no responsibility or liability for personal property; and Painted Dog Travel shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Painted Dog Travel accepts no responsibility for lost or stolen items. Painted Dog Travel reserves the right to refuse any traveler or potential traveler at its sole discretion.
Assumption of Risk / Waiver: The traveler is aware that travel may involve inherent risks. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, criminal or terrorist acts, government actions, tainted food, or non-potable water; exposure to the elements; your own negligence and/or the negligence of others, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents. The traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. The traveler understands the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Painted Dog Travel from any and all claims associated with the trip. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise. Should you choose to travel to a country that has been issued a travel warning or advisory, Painted Dog Travel will not be liable for damages or losses that result from travel to such destinations.
Your Conduct / Indemnification: In the sole discretion of Painted Dog Travel and our suppliers, Painted Dog Travel may require any traveler to leave an accommodation, tour or be denied service if it is reasonably believed that the traveler has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or Painted Dog Travel representatives and our suppliers. In the event a traveler is removed, such traveler may be left at any city without any liability to Painted Dog Travel or its representatives or suppliers. Painted Dog Travel shall not be required to refund any portion of the price paid by any traveler who is removed under the terms of this paragraph, nor shall Painted Dog Travel be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the traveler.
Traveler agrees to and shall indemnify and hold harmless Painted Dog Travel, and each of our officers, directors, employees and agents (collectively “Painted Dog Travel”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Painted Dog Travel (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) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
Photographic / Video Likeness: You hereby give consent to Painted Dog Travel to publish any photographs and/or videos, taken and recorded by Painted Dog Travel or its representatives, of you on your trip in printed or electronic media without obtaining further consent and without compensation. Each Traveler releases Painted Dog Travel and its representatives from any liability in connection with any use of such photographs and/or video.
Governing Law / Class Action Waiver / Limitation of Damages / 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 Colorado, USA, exclusive of conflict or choice of law rules. You agree that you will only bring claims against Painted Dog Travel in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Painted Dog Travel shall not in any case be liable for other than compensatory damages, and your payment on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.
Entire Agreement & Severability: This agreement, including any other documents and invoices we provide you, constitutes the entire agreement and it supersedes all prior communications and proposals with respect to Painted Dog Travel. If any provision of these Terms shall be, 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.