Around the World Classic by Private Jet, October 24-November 17, 2020 // Operator-Participant Contract and Terms & Conditions

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 TCS.

OPERATOR-PARTICIPANT CONTRACT

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 Around the World 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. The acceptance of your Reservation Form and deposit by TCS creates a contractual relationship between you, the passenger/participant (Participant), in the Tour provided by TCS.

Reservations and Payments: To reserve your place on the Tour, complete and sign the Reservation Form and return it with your deposit of $10,000 per person. The deposit can be made by check; wire transfer; or by a major credit card such as Visa, MasterCard, and American Express.

For the October 24, 2020 – November 17, 2020 departure make checks payable to: “TCSATWB3-20 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 Smithsonian Journeys, 3131 Elliott Avenue, Suite 300, Seattle, WA 98121; fax to 206-447-7717. Or call 866-903-7650.

The second payment of $25,000 per person is as follows:

For the October 24, 2020 – November 17, 2020 departure:  December 23, 2019

The final payment due date is as follows:

For the October 24, 2020 – November 17, 2020 departure:  April 24, 2020

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, TCS may retain the deposit and place your name on a waiting list in the event other Participants cancel their reservations. Even if you authorize TCS to put your name on a waiting list and retain your deposit, TCS will notify you within 7 days that the Tour is fully booked.

Security Agreement: 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 TCS or TCBW within 60 days of the termination of the Tour. After that time, TCS and TCBW will be released from liability under the Security Agreement.

Expedition Price: The October 24 - November 17, 2020, Tour price of $94,950 with a $12,350 single supplement.

Included in the price: A privately chartered jet that departs from the departure city is listed in the itinerary, and return to the final destination city as listed in the itinerary; Deluxe or best available accommodations and all applicable taxes in the destinations, and options as indicated in the itinerary, from arrival at the first hotel through departure from the last hotel. All meals beginning with dinner on the first night of the Tour and ending with breakfast on the last day of the Tour, as indicated in the itinerary 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 options at most destinations; enrichment program including lectures by a team of experts; services of professional staff, including a journey 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 for covered reasons. The exact Tour itinerary, name, and location of hotels, length of stay at each hotel, and other ground accommodations and services, are set forth in the itinerary, which is a part of this Agreement. 

Not included in the price: Commercial airfare from your home city to the departure city, and return airfare from the final destination city 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 TCS; 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 journey price that you voluntarily do not use.

Insurance: TCS 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.

Baggage: 

On the private jet, each passenger 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 the Tour Operator will send to you ahead of time for use on the Journey limited to 40 pounds), plus a few smaller carry-on items like a backpack and/or camera. In certain countries, you will fly on private light aircraft.

Due to weight restrictions on these flights, you will only be allowed one bag, provided to you by the Tour Operator, plus your hand-carry luggage (including camera equipment). 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 the Tour Operator, and personal effects are at all times the sole responsibility of the Participant. 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 TCS, and personal effects are at all times the sole responsibility of the Participant.

Aircraft: The private jet flights will be performed using a Boeing 757 jet with 80 VIP-class seats. The air carrier for the Journey will be Titan Airways, Stansted Airport, Essex CM24 1RN England. The Tour Operator and air carrier reserve the right, without penalty or liability, to change the aircraft with a reasonable substitute of comparable capacity, in their sole discretion, including but not limited to if the aircraft is or becomes, unavailable or unserviceable for any reason. Your itinerary may include flights on smaller aircraft operated by local approved airline carriers. Seating on these aircraft will be economy or economy with limited business seats, based upon the configuration of the aircraft.

International Flights: 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 TCS.

Cancellations and 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 TCS in writing via mail, fax or email.

For the October 24, 2020 – November 17, 2020 departure:

If your notice is received...                            You will receive a refund of all deposits less a...

• On or before Oct. 24, 2019                           $5,000 per-person cancellation fee.
• From Oct. 25 to Dec. 24, 2019                     $10,000 per-person cancellation fee.
• From Dec. 25 to Feb. 24, 2020                    $15,000 per-person cancellation fee.
• From Feb. 25 to Apr.24, 2020                      $25,000 per-person cancellation fee.
• After Apr. 24, 2020                                          No refund.

Refunds will be made within 14 days of receipt of your notice of cancellation.

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. If Operator makes major changes prior to departure, you have the right to cancel and receive a full refund. Please note that the costs for visas, commercial air tickets, insurance, suite upgrades, and pre- or post-expedition independent arrangements may not be refundable. 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 TCS increase your price less than 10 days before departure. If a major change must be made in the Tour, TCS 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, TCS becomes aware that a major change must be made, TCS 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, TCS will refund, within 14 days after your scheduled return date, that portion of your payment which applies to the services not accepted. If TCS must cancel the Tour in its entirety, TCS will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. TCS 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, TCS will notify you as soon as possible, but not later than the scheduled departure date. If the Tour is canceled, TCS 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, TCS offers refunds under this Agreement with the express understanding that the receipt of that refund by a Participant waives the additional remedies.

TERMS & CONDITIONS

Itinerary Changes: The itinerary and staff are subject to modification and change by TCS. 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, TCS reserves the right to do so for the safety and best interest of the group.

Single/Shared Accommodations and Suite Upgrades: A limited number of single rooms are available at extra cost on a first-come, first-served basis. TCS 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.

Airfare: We are happy to assist you in reserving commercial flights from your home city to the trip departure city, and from the trip’s final destination to your home city, in the class of service that you prefer. Please ask for details.

Visa Documents/Entry Permits: To participate in the Tour, visas and/or entry permits may be required for some countries. Acquiring visas and/or entry permits is the responsibility of the Participant. 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. We will provide information on the necessary visas and/or entry permits in the Tour documents.

Health Requirements: This is an active trip that requires you to make a realistic assessment of your health. All Participants are expected to be in active good health, to be comfortable 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, and to board the aircraft, and are part of many excursions. Please note: To go to certain destinations or participate in certain activities, such as visiting a high-altitude area (8,000 feet above sea level and higher), you will need to obtain your physician’s approval. A form will be sent to you for your physician to sign. We are prepared to arrange for an alternative destination or activity if your physician recommends it. Malaria and other diseases may be present in some of the countries featured in this itinerary; proof of yellow fever inoculation may be required. 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. We will make reasonable efforts to accommodate participants with special needs; however, we 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 our Tour 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 and Video: We 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 must notify us in writing before the commencement of the Tour.

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 TCS will make reasonable efforts to maintain the listed prices, if it is necessary to levy a surcharge, TCS reserves the right to do so and will notify you at the time of final invoicing. TCS 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 TCS, nor Sponsor, nor any of its 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 travel to a country where a U.S. Department of State travel advisory or alert is in place and 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 and 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. TCS 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.

Arbitration: Any controversy or claim against operator arising out of or relating to this Agreement or the performance thereunder, 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 and 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 the 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 the Sponsor: Any action or legal proceeding arising out of this Agreement shall be brought only in a United States federal court of competent jurisdiction. 

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 (#2071584-20), 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.

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