Smithsonian Journeys are designed to engage members in the broad vision and wide-ranging interests of the Smithsonian. Like the Institution, they are intended to expand the intellectual horizons of visitors and satisfy their curiosity about the world around them. Your participation in Smithsonian Journeys benefits the work of the Smithsonian’s 19 museums and nine research centers, helping to preserve our national treasures and shape the future through science, research, and exhibitions.
Please read the following information carefully. After reading the Operator-Participant Contract and Terms and Conditions herein (the “Agreement”), in order for your reservation to be completed, you must indicate your acceptance of the terms of the Agreement by signing and submitting the Reservation Form, along with the deposit to Operator.
TCS & Starquest Expeditions, Inc. (“Operator”), 3131 Elliott Avenue, Suite 300, Seattle, WA 98121
, a qualified tour operator, is partnering with sponsoring organization Smithsonian Journeys (“Sponsor”)
, to organize and administer the Oceania by Private Jet
expedition (the “Tour”). Operator, as the principal, is responsible to you for arranging and providing all of the services and accommodations offered in connection with the Tour, provided, however, that in the absence of gross negligence on Operator’s part, Operator is not responsible for personal injury or property damage caused by the air carrier, hotel, or other suppliers of any of the services being offered in connection with the Tour.
Reservations & Payments:
To reserve your place on the Tour, complete and sign the Reservation Form and return it with your deposit of $2,500 per person. The deposit can be made by check; wire transfer; or by a major credit card such as Visa, MasterCard, American Express and Discover Card. Make checks payable to “OC-14 Escrow.”
If you pay your initial deposit by credit card, it is fully refundable until you sign the Reservation Form. Please fax or mail the completed form to TCS & Starquest Expeditions, Inc. 3131 Elliott Avenue, Suite 300, Seattle, WA 98121; fax to 206-447-7717. Or call 866-903-7650 or 206-753-0047. The second payment of $15,000 per person is due July 16, 2013. Final payment is due Nov. 15, 2013.
The second and final payments are payable by check or wire transfer only, made out to the secure escrow account as set forth below. If the Tour is fully booked when your Reservation Form is received, your payment will be returned within 7 days, or with your authorization, Operator may retain the deposit and place your name on a waiting list in the event other participants cancel their reservations. Even if you authorize Operator to put your name on a waiting list and retain your deposit, Operator will notify you within 7 days that the Tour is fully booked.
Your payments are held in an escrow account at The Commerce Bank of Washington (“TCBW”), 601 Union Street, Suite 3600, Seattle, WA 98101-1342. Participants are protected by a Letter of Credit #592 issued by TCBW (the “Security Agreement”). Any claims against this Security Agreement must be filed with Operator or TCBW within 60 days of the termination of the Tour. After that time, Operator and TCBW will be released from liability under the Security Agreement.
The Tour price of $69,950 per person (double occupancy) with a $8,650 single supplement includes a privately chartered Boeing 757 that departs from Kona, Hawaii and returns to Honolulu, Hawaii. Included in the price
are deluxe or best available accommodations and all applicable taxes in the destinations, and options as indicated in the itinerary, from arrival at the Fairmont Orchid, Kona, Hawaii on March 16, 2014 through departure from the Modern Honolulu, Hawaii on April 6, 2014. All meals beginning with dinner on March 16, 2014 and ending with breakfast on April 6, 2014 are included. All taxes; group transportation; airport transfers at the beginning and the end of the itinerary; excursions; complete program of special events and activities, including extensive options at most destinations; enrichment program including lectures by a team of experts; services of professional staff, including an expedition physician, to assist you throughout the trip; cost of philanthropic efforts; bottled water throughout the program (during sightseeing, at scheduled meals, and in your room); all beverages, including liquor, aboard the private jet; liquor during special events and cocktail parties on land; house wine and/or beer at lunch and dinner, and non-alcoholic beverages at all scheduled meals on land; baggage handling during the Tour; Internet access in hotels, where available; tips or gratuities to local guides, drivers, porters, and wait staff; amenities package; $100,000 medical evacuation insurance (which includes minimal accident/sickness/baggage insurance) for covered reasons
. Not included in the price
is commercial airfare from your home city to Kona, Hawaii and from Honolulu, Hawaii to your home city; optional and additional accident/baggage/cancellation insurance; passport and visa fees; personal expenses such as laundry, telephone, and fax fees; all beverages not mentioned above as included; hotel minibar charges; meals not scheduled by Operator; and inoculation and medication costs of any kind. Any tips or gratuities not specifically mentioned as included in the total Tour price will be at your discretion. Except for “major changes” as described below, no refund will be made for any accommodations or services included in the expedition price that you voluntarily do not use.
Tour cancellation insurance is available for purchase; more information will be sent upon registration. Operator strongly recommends this important protection, which can save you money if you are forced to cancel or alter your trip. Insurance premium payments are nonrefundable.
On the private jet, each participant is limited to 90 pounds of checked baggage in 2 bags (one bag of your choice limited to 50 pounds and one wheeled bag that Operator will send ahead of time to you for use on the Tour limited to 40 pounds), plus a few smaller carry-on items such as a backpack, purse, camera, and/or laptop. For international flights, the air carrier’s liability is limited to the actual value of the baggage but not more than 1,000 Special Drawing Rights, approximately $1,250 per passenger, unless a higher value is declared at the time of check-in and an appropriate excess valuation charge is paid. Baggage, when not handled by Operator, and personal effects are at all times the sole responsibility of the participant.
The private jet flights will be performed using a Boeing 757 jet with 80 VIP-style seats. The air carrier for the Tour will be Thomson Airways, Wigmore House/Wigmore Place, Wigmore Lane, Bedfordshire, Luton LU2 9TN England. Operator and the air carrier reserve the right to substitute equivalent aircraft if necessary.
The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights for any particular flight leg of the Tour, that flight leg will be canceled and alternative arrangements may be made, at the discretion of Operator.
Cancellations & Refunds: If you cancel your reservation or change your plans, your right to receive a refund is limited
, as set forth in the following schedule. All cancellations will become effective as of the date of the postmark or email receipt. All requests for refunds must be sent to Operator in writing via mail, fax or email.
Refunds will be made within 14 days of receipt of your notice of cancellation.
|If your notice is received...||You will receive a refund of all deposits less a...|
|On or before July 16, 2013...||$1,000 per-person cancellation fee.|
|From July 17 to Sept. 16, 2013...||$5,000 per-person cancellation fee. |
|From Sept. 17 to Nov. 15, 2013...||$15,000 per-person cancellation fee.|
|After Nov. 15, 2013...||No refund.|
Leaving the Tour in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of the Tour. If you cancel and are able to provide a substitute participant for the Tour, you will receive a full refund of money paid toward the price less, an administrative charge of $25 for effecting the substitution once the substitute participant has paid in full. Please note that the costs for visas, commercial air tickets, insurance, suite upgrades, and pre- or post-expedition independent arrangements may not be refundable. If Operator makes major changes prior to departure, you have the right to cancel and receive a full refund.
The following are major changes: (1) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier (If, however, the delay is longer than 48 hours, it will be considered a major change.); (2) a change in the origin or destination city for any flight leg, unless the change affects only the order in which cities named in a tour package are visited; (3) a substitute of any hotel of lower standard; (4) a price increase of more than 10 percent occurring 10 or more days before departure. In no event can Operator increase your price less than 10 days before departure. If a major change must be made in the Tour, Operator will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure, Operator becomes aware that a major change must be made, Operator will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. If a major change occurs after the departure of the flight, which you are unwilling to accept, Operator will refund, within 14 days after your scheduled return date, that portion of your payment which applies to the services not accepted.
If Operator must cancel the Tour in its entirety, Operator will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. Operator has no right to cancel the Tour less than 10 days before departure, except for circumstances that make it physically impossible to perform the Tour.
If that occurs, Operator will notify you as soon as possible, but not later than the scheduled departure date. If the Tour is canceled, Operator will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, Operator offers refunds under this Agreement with the express understanding that the receipt of that refund by a participant waives the additional remedies.
TERMS & CONDITIONS
The itinerary and staff are subject to modification and change by Operator. Every reasonable effort will be made to operate the Tour as planned; however, should unforeseen world events and conditions require our itinerary to be altered, Operator reserves the right to do so for the safety and best interest of the group.
Single/Shared Accommodations & Suite Upgrades:
A limited number of single rooms are available at extra cost on a first-come, first-served basis. Operator will make reasonable efforts to assist persons requesting a roommate. If a roommate is not confirmed, the single rate will be charged. Suite rooms are available in some destinations; more information about them, including their additional costs, will be sent to you in the months before departure.
Operator is happy to assist you in reserving commercial flights from your home city to Kona, Hawaii and from Honolulu, Hawaii to your home city, in the class of service that you prefer. Please ask for details.
Visa Documents/Entry Permits:
To participate in Tour, entry visas and/or entry permits will be required for some countries. Failure to obtain visas and/or entry permits does not negate the terms and conditions. Any extra costs for rerouting participants without visas and/or entry permits will be the responsibility of the participant. Operator will provide information on the necessary visas and/or entry permits in the Tour documents.
This is an active program, which requires you to make a realistic assessment of your health. All participants are expected to be in active good health, to enjoy traveling as part of a group, and to be ready to experience cultural differences with grace. Walking and climbing stairs are required in many hotels and airports, to board the aircraft, and as part of many excursions. Prior to traveling, Operator highly recommends visiting your personal physician for a check-up, so that you may discuss your ability to participate in this type of journey.
To go to certain destinations or participate in certain activities, you may need to obtain your physician’s approval, in this case a form will be sent to you for your physician to sign. Operator is prepared to arrange for an alternative destination or activity, in case a physician recommends it. Malaria and other diseases are present in some of the countries featured in this itinerary. For the latest recommendations on specific health precautions for the areas you will visit, consult your physician and the Centers for Disease Control. Any physical condition requiring special attention, diet, or treatment should be reported in writing when the reservation is made. Operator will make reasonable efforts to accommodate participants with special needs; however, Operator cannot accommodate wheelchairs. If you require a slower pace, extra assistance, or the use of a cane or walking stick, arrangements will be made for private touring at each destination, if necessary, at the discretion of Operator’s staff. Any extra cost for such arrangements will be the responsibility of the participant. If you would like to forego some of the scheduled sightseeing to rejuvenate and relax, please feel free to do so at any time.
Photography & Video:
Sponsor and Operator reserve the right to take photographs or videos (the “Photography”) during the Tour and to use the Photography for promotional purposes. Participants who prefer their images not be used should notify Operator in writing before the commencement of the Tour.
For the comfort of all participants, we ask that there be no smoking during all group activities, including excursions and meals. Smoking is not allowed onboard the jet.
Basis of Rates:
All prices are based on two persons sharing a room. All prices and fares are quoted in U.S. dollars. The rates are based on current tariffs and are subject to change due to unforeseen circumstances. While Operator will make reasonable efforts to maintain the listed prices, if it is necessary to levy a surcharge, Operator reserves the right to do so and will notify you at the time of final invoicing. Operator reserves the right to cancel the Tour because of inadequate enrollment that makes the Tour economically infeasible to operate. In such a case, a full refund of the Tour cost will be made.
Release of Liability:
The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time expedition participants are not aboard their conveyance. Neither the Sponsor nor Operator, nor any of their respective owners, directors, employees, contractors, officers or agents (collectively, the "Released Parties") shall be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider, (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control, and (C) any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise that may arise out of or occur during your travel in connection with the Tour. The participant waives any claim against any of the Released Parties for any such loss, damage, injury, or death, including any right to seek consequential, punitive or exemplary damages against any of the Released Parties for any reason whatsoever. None of the Released Parties shall be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket.
Acknowledgment of Risk:
You understand and acknowledge that your travel in connection with and participation in the Tour or any activities which may take place during the Tour, may involve risk and potential exposure to injury or fatal injury and that risk and dangers may arise or be caused by the negligence or participation of other participants, contractors, and/or subcontractors for the Tour or from other foreseeable and unforeseeable causes including weather and other acts of nature.
Express Assumption of Risk & Responsibility:
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the Tour and that you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you. By registering for the Tour, you certify that you do not have any mental, physical or other condition or disability that would create a hazard for yourself or other participants. Operator reserves the right in its sole discretion to accept, decline to accept or remove any participant on the Tour and reserves the right, subject to the terms and conditions contained herein, to withdraw any part or all of the Tour and to make such changes as may be necessary.
Any controversy or claim against Operator arising out of or relating to this Agreement or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Seattle, Washington, U.S.A., in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Such proceedings will be governed by substantive Washington law. This agreement to arbitrate does not waive or modify the liability release contained in this document.
Exclusive Governing Law & Jurisdiction:
This Agreement shall be governed by federal law and the laws of the State of Washington, without regard to conflicts of laws principles. With respect to Operator: If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration is sought, any action or legal proceeding arising out of this Agreement shall be brought exclusively in the courts of the State of Washington, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Washington or the appropriate appellate courts, and the parties hereby waive any objection to venue or jurisdiction in connection therewith. In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial. With respect to Sponsor: Any action or legal proceeding arising out of this Agreement shall be brought only in a United States federal court of competent jurisdiction.
Note about images:
Images that appear on this website or in PDFs downloaded from this website are for promotions of TCS & Starquest Expeditions exclusively. PDFs may not be altered or archived. No images may be copied, duplicated, or separated from the site or a PDF.
By registering for the Tour, the participant agrees to the Operator-Participant Contract and Terms and Conditions set forth in this Agreement.
TCS & Starquest Expeditions, Inc. is a Registered Seller of Travel in Washington (#602-320-265), a California Seller of Travel (#2071584-30), an accredited member of the Better Business Bureau, and is endorsed by IATAN, the International Airlines Travel Agent Network (#50-755585). TCS & Starquest Expeditions’ Dunn & Bradstreet D-U-N-S number is 17-084-7961.
Copyright © TCS & Starquest Expeditions, Inc.
Visit us online at SmithsonianJourneys.org • To register, dial toll free 1-866-903-7650.