1. Our contract

All bookings are made with Blue Tours LLC*, a Pennsylvania limited liability company. The terms and conditions in this agreement (also referred to as “Terms”) constitute the entire understanding and agreement between you the tour participant (“Participant,” “you” or “your”) and Blue Tours LLC, a Pennsylvania company, (“Blue Tours,” “we,” or “us”) with respect to any and all bookings, reservations, tours or transactions made with Blue Tours for any and all services and goods that Blue Tours provides (collectively, “Tour”).

By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor”), and direct us to perform services for each and every person listed on the booking.

Intermediaries (e.g., Travel Agents and Tour Organizers): If you are a travel agent, organization or other entity, or individual that is booking your clients on a Tour with us, you represent and warrant that that you have made your travelers aware of this agreement and agree that you are responsible for any client issues arising out of or related to your failure to do so.

The services to be provided are those referred to in your booking confirmation trip description.

2. Validity

Dates, itineraries and prices are valid from 01 Jan 2020 until June, 2025. Beyond this date, itineraries and prices are indicative only.

3. Deposit requirement

For trips more than $2000, you are required to pay a non-refundable deposit of 25% of the total price per person per trip for your booking to be confirmed.). Note that a higher deposit is required for some bookings, custom trips, large groups, or special circumstances; consult your itinerary or trip quote.

For trips in which the total amount is less than or equal to $2000 you will be required to pay the total amount upon booking. If your booking is made within 90 days of the trip’s departure date, the full trip amount is payable at the time of booking.

4. Acceptance of booking and final payments

If we accept your booking, we will issue a written confirmation. A contract will exist between us from the date we issue the confirmation. Payment of the balance of the trip price is due 90 days before the departure date. Note that full payment is required earlier than 90 days for trips longer than 5 days and for custom trips. If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled and subject to our cancellation by traveler policy.

*Special Note re Expedition Trips: For expedition trips, travel dates and the trip itinerary are fluid, meaning that the start and end dates and itinerary are subject to change at any time with or without notice due to local conditions and circumstances. There may be delays before and during the trip that impact start and end dates, the itinerary, and the length of the trip. Delays and other inconveniences may slow things down and be tiring. Expedition trips require a buffer of at least one to two months. Should you decide to depart an itinerary early, that will be your decision and no refund will be due to you and Blue Tours will not compensate you for any costs or losses incurred by you due to your decision to depart a trip early.

Credit/Debit Card Chargeback Policy

We work hard to make our customers happy. If you are not pleased with our services for any reason, you agree not to file a chargeback with your credit or debit card company before you have given us an opportunity to address the matter. By signing this agreement, you agree to work with us in good faith to resolve your dispute and acknowledge that chargebacks are not an appropriate way to avoid our cancellation and refund policies.

5. Your details

In order for us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements**. If you are 70 years of age or over, we also require you to complete and forward a Self-Assessment. Your booking cannot be confirmed without provision of these details.

6. Cancellation by the traveler

If you cancel some or all portions of your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:

• 90 days or more prior to departure, we will retain the deposit. If you pay the full price at the time of booking, we will retain the full price (there will be no refund of any kind).
• less than 90 days prior to departure, we will retain 100% paid by you in connection with the booking.

No refunds will be provided for any unused portion of a trip once the trip begins, including if you leave a trip for any reason, miss the trip’s departure date, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not go on a trip because of governmental/travel warnings or advisories or your , including but not limited U.S. State Department or World Health Organization warnings, or any other circumstances beyond our control. For this reason, we strongly suggest that you secure comprehensive trip cancellation and interruption insurance in order to participate on a Tour. We also highly recommend that you consider securing “cancel for any reason” travel insurance, which must be obtained soon after your first deposit is paid for your travels.

Our cancellation and refund policy takes into account the fact that we must advance to deposits to our suppliers for their services well in advance of trip departure dates and these advanced monies are often non-refundable. It also takes into account the time and expense we incur to organize and arrange your trip, which begin immediately at booking.

7. Cancellation by Us and Flexibility

We may cancel a Tour at any time up to 30 days before departure. Further, we reserve the right to cancel, alter, modify, postpone or reschedule any tour without prior notice for the safety and/or comfort of clients and for circumstances of Force Majeure (see information below). We 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 as a result of any actions that it takes or does not take under this section and under this Agreement.

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated you acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you: please note that by booking a tour or service you also hereby agree to carry emergency funds to be used in such instances, just as embassies require proof of means of subsistence to enter some countries. Note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations, or non-refundable flights.

Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.

Regarding civil unrest, once Blue Tours has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of Blue Tours whether to proceed with the Tour. If we are of the reasonable opinion that the Tour may proceed, no refund will be payable to you and the cancellation provisions of this agreement shall apply.

We reserve the right to cancel any group tour due to insufficient enrollment. In such case, travelers will be informed no later than 30 days prior to departure and are entitled to receive a full refund of the land tour cost paid.

If a trip is cancelled due to reasons within Blue Tours’ control and not for reasons due to Force Majeure and not due to insufficient enrollment outside of Force Majeure situations, we will offer you one or both of the following within our discretion

a) Travel credit equal to the land trip cost that you have paid.
b) A refund equal to the land trip cost that you have paid less any non-refundable deposits that we have advanced to our Suppliers.

Our policy is different for Force Majeure situations so please read the following carefully. No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any trip for any reason, whether before or during your trip due to Force Majeure. We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your trip. Our administration costs in planning your trip are not refundable because of the work involved in planning, booking and management of your Tour itinerary from the moment the Tour is booked. This fee is 5% of the trip cost (“Administration Fee”), and one that we cannot recuperate, again because the time and materials already invested in the trip.

Additional Information regarding Force Majeure

In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our Suppliers to provide the Services including but not limited to your Tour, we and/or our Suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any Tour itinerary or arrangement, including Tour dates and the entire Tour itself. We regret that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our Suppliers. Any refund under this section will less our 5% Administration Fee. This policy is based on the fact that Suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our Suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. If you choose to cancel your Tour, our standard cancellation terms that govern when a traveler cancels apply. See above section titled “Cancellation by Traveler.”

If Blue Tours is affected by Force Majeure, Blue Tours, if practicable, will notify you of the nature and extent thereof. 

Blue Tours will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.

We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date, or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

8. Booking amendments

If you request to make changes your confirmed itinerary after we confirm your booking, we will do our best (but cannot guarantee we will be able to meet such requests) to accommodate your request.

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 30 days prior to the proposed departure date. A fee of $200 per person per change will apply (in addition to any charges levied by any of our suppliers, including hotels, ground operators, third-party guides, and airlines).

If you notify us less than 30 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.

Note that trips may not be transferred or rescheduled more than once.

Amendments to any other arrangements made in conjunction with your trip will incur an $200 administration fee per booking per change. This fee is in addition to any charges levied by our suppliers, including hotels, ground operators, third-party guides or airlines. No amendments are permitted to your booking within 10 days of departure.

Substantial change requests by you such as a change of custom tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. This change will result in recalculation of your original tour price. Change requests must be made in writing.

Responsibilities: We contract with a network of companies, airlines, cruise lines, coach companies, shore excursion operations, government agencies, operators, guides, individuals, affiliates and other third-party suppliers for various services provided for or associated with your trip, including but not limited to flights, lodging, meals, transportation, sightseeing, and activities connected to your trip (“Supplier” or Suppliers”). These Suppliers may also engage the services of local suppliers with whom they contract with directly. While we use our best efforts to select the Suppliers for these components of your trip, you acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed or controlled by us, and are not our agents or employees. A Supplier’s services are subject to the Supplier’s own terms and conditions, and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay cancellation, overbooking, or strike. You acknowledge and agree that we are not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, including independent tour guides, or of any other person or entity. We You agree to this in totality or you cannot go on the trip or book a service.

Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.

Regarding any private aircraft or charter companies involved in providing flight(s) for your trip, you and your insurer hereby waive all claims or subrogation and accept that thisthird party aircraft company is wholly responsible for safety and liability for its flights, and not Blue Tours LLC or any insurer or entity associated with Blue Tours LLC or its members or agents or guides or destination brands. Independent air charter companies are not owned by any of the above and you agree and understand that these companies are independent third parties that are boarded and flown at your own risk.

9. Exclusions

• international or internal flights unless specified

• airport taxes and excess baggage charges unless specified

• meals unless specified

• Visa and passport fees unless specified

• travel insurance

• Medical expenses

• optional activities and all personal expenses.

10. Prices & surcharges

We reserve the right to impose surcharges up to 30 days before departure due to fluctuations in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes or if government action should require us to do so. In such instances we will be responsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 5 days of notification of the surcharge and obtain a full refund.

11. Age & Health requirements

Minimum General Policy: For the majority of our trips the minimum age for children is 12. All travelers under the age of 18 must be accompanied by an adult who is responsible for the child’s day-to-day caNote we cannot guarantee triple or joining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.

Maximum General Policy: For the majority of our trips we have no upper age limit, though we remind you that our trips can be physically demanding and a Self-Assessment form is often required for all passengers 70 years and over.

We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your trip.

12. Passport, visas, vaccinations and other entry requirements

You and those traveling with you assume sole responsibility to independently confirm all documentation requirements for all passports, visas, vaccinations, immunizations and other entry and/or travel requirements of each of your destinations (collectively, the “Travel Requirements”). You assume sole responsibility for, and hereby release Blue Tours from, any and all damages incurred as a result of your failure to comply with all applicable Travel Requirements. All passports must contain at least five consecutive blank pages and must be valid for at least six months after the completion of the tour. If you are visiting multiple countries on your tour, you may be required to have more than 5 consecutive blank pages. If you have questions about the number of consecutive pages required for your tour, you can contact us. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their trip, as we are not responsible for providing you with this information or documentation. If one parent or guardian plans to bring a Minor without the other parent or parents, some nations have strict documentation requirements. Birth certificates may be required for children 18 years and younger.

Some nations require proof of vaccination for all travelers. Any required inoculations must be recorded by the traveler’s health practitioner on a valid vaccination certificate, which the traveler must carry in his/her possession throughout the trip. You are also solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation.  Passport and visa requirements may change at any point in time. It is the responsibility of each traveler to acquire the most up to date travel documents. Blue Tours does not represent that the list is exhaustive or current. It is the sole responsibility of each traveler to obtain the necessary documentation for all aspects of their tour.

13. Travel insurance

Travel insurance should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US $200,000 for each of the categories of cover. We also strongly recommend it covers cancellation for any reason, curtailment, personal liability and loss of luggage and personal effects. You must provide and carry proof of your travel insurance. If you obtain travel insurance through our assistance you acknowledge that you are satisfied with the level of insurance we have arranged. You agree to send us a copy of your travel insurance showing proof of coverage. We may treat your reservation as cancelled by you and impose our cancellation fees if you fail to provide this documentation before your Tour departure. We do not evaluate this proof or your insurance coverage to ensure that the terms and coverage is adequate for your Tour as we are not an insurer and cannot evaluate or advise on coverage. You are solely responsible for ensuring that your insurance coverage is appropriate for your Tour and complies with our minimum coverage requirement.

14. Authority on tour

Our group trips are run by a group leader or guide. The decision of the group leader/guide is final on all matters likely to affect the safety or well-being of any person participating in the trip including highly experienced travelers. No matter how experienced a traveler may be and no matter how familiar a traveler may be with a locale, the traveler must defer to the guide. We expect all travelers on our tours to defer to the guide and not

If you fail to comply with a decision made by a group leader, break local law, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked or to report you to local authorities and law enforcement and immigration. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our travel guidelines. Antagonism of the tour and customer service staff on a trip and harassment or insulting of guides or other participants will lead to termination from a trip without refund.

15. Acceptance of Unknown Factors

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

OPTIONAL ACTIVITIES THAT MAY BE DANGEROUS: During your trip, optional activities may be offered and furnished by other independent suppliers who are not affiliated with Blue Tours in any way. Some of these optional activities carry with them various risks, including but not limited to attack by wild or domesticated animals, equipment/mechanical problems, and unexpected weather conditions, which can cause serious personal/bodily injury. Some of these activities include, but are not limited to: (1) horseback safaris; (2) walking safaris; (3) canoe trips; (4) camel safaris; (5) gorilla and chimpanzee trekking; (6) hot air balloon trips; (7) Masai village; (8) fishing excursions; (9) elephant back safaris; (10) bungee jumping; (11) white water rafting; (12) mokoro excursions; (13) snorkeling; (14) scuba diving (15) vehicle safari. Please be aware that although precautions may be taken by the suppliers to guard against such dangers, your safety cannot be guaranteed. Please also be aware that you are free to participate in such activities while you are on your trip and that these tours are not mandatory. However, you must understand that such participation will be at your own risk, and that Blue Tours assumes no responsibility or other liability for your safety.

For these reasons, we strongly recommend that you obtain comprehensive travel insurance that covers trip interruption and cancellation, as well as adequate medical insurance that covers personal injury, medical expenses, repatriation costs, and evacuation expenses incurred during your tour. Note that insurance policies vary and may not provide coverage for the optional activities in which you might be engaged during your trip. For instance, some policies do not cover hot air ballooning while others might. Please consider the nature of your trip and the activities you will be engaged in and obtain appropriate insurance.

16. Limitation of liability

You agree that the sole remedy for any default by Blue Tours arising under this agreement shall be either (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking, as chosen by us within our sole discretion. To the maximum extent permitted under applicable law, Blue Tours shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Blue Tours has been advised of the possibility of such damages.  You expressly waive any right it may have to recover such damages.

17. Claims & complaints

If you have a complaint about your trip, please inform your tour leader or our local representative at the time so that they can attempt to rectify the matter. You must do this immediately and not make lists of line items to attempt to request money or rectification later. They must be immediately explained and addressed. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour. If you could have but did not bring these up during the trip, then you invalidate later claims with your intention to hide and premeditate the compensation-seeking as your intention rather than addressing the issues. If you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.

18. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law, or as being against public policy, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as totally binding.

19. Photos and marketing

You agree that Blue Tours may use, re-use and reproduce 1) any images, photos or videos, or written content and quotations that you provide to us or our guides, 2) any images, photos or videos that are taken or obtained by our guides and/or other travelers of you, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing before the start of the tour.***

20. Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip.

21. Information in Brochures/Electronic Advertisements

information given in any brochure or otherwise advertised, (including electronic advertisements on the Internet) is, to the best of Blue Tours’ knowledge, correct, but Blue Tours cannot guarantee that all such information is accurate. Further, Blue Tours reserves the right to change such information before any trip. The photographs reproduced and information provided depict typical scenes experienced and details on each destination. However, the depicted or described subject matter may not necessarily be seen or experienced while visiting that destination as conditions and itineraries may change, be adjusted, etc. as explained these terms.

22. Successors and Assigns

This agreement shall inure to the benefit of and be binding upon Blue Tours and you and your respective heirs, legal and personal representatives, successors and assigns.

23. Updating of Terms and Conditions

We may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. Any amendment will take effect seven days after being posted to our website, immediately upon notice to you in writing by email or mail, or your continued use of our services or participation on one of our trip will constitute your acceptance of the changes, whichever occurs first. An up-to-date hard copy of these Terms will be sent to you upon your written request. You are deemed to have accepted any amendments to these Terms on the date that is seven days after their posting on our website or immediately upon notice to you in writing by email or mail. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up-to-date version available.

24. Applicable law

I agree that any dispute concerning, relating to, or referencing this agreement, or any other literature concerning my tour or the tour itself shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association in Philadelphia, Pennsylvania. Such proceedings shall be governed by substantive Pennsylvania law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or part of this contract is void or voidable.

25. Merger

This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.

26. Traveler’s Representations

I understand that acceptance of the booking covering this trip and payment thereof is an acceptance by me of these Terms and for other trip conditions applicable to the trip. I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND ACCEPT THOSE CONDITIONS.

I certify that I have not recently been treated for, nor am I aware of, any physical or other condition or disability that would create a hazard to me or other members on this tour.

I intend to purchase travel insurance to cover my investment. Should I not purchase said insurance, I understand that I am assuming any financial loss associated with this trip.

I have read this entire agreement, and I am signing it freely. I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. I confirm that I have had an opportunity to have all of my questions about this agreement answered by Blue Tours. My signature, e-signatures, and/or voluntarily agreements apply to all pages of this agreement.