TERMS AND CONDITIONS OF TRAVEL

THIS IS A LEGAL BINDING AGREEMENT BETWEEN YOU (“TOUR GUEST”) AND NOVEL JOURNEYS. ALL NOVEL JOURNEY TRIPS (HEREINAFTER “TOURS”) SHALL ALSO BE GOVERNED BY THE ITINERARY AS SET FORTH ON NOVEL JOURNEYS WEBSITE OR IN OTHER INFORMATION PREPARED BY NOVEL JOURNEYS ABOUT EACH TOUR AND THIS AGREEMENT.

Included in your Novel Journeys Tours:

Prices are valid through December 2009, and include all accommodations as noted in the itinerary; meals as specified; arrival and departure group transfers; fully-guided sightseeing as noted in the itinerary (including park and entrance fees); selected beverages with group meals; services of a Novel Journeys Tour Director; hotel taxes; gratuities throughout (as listed below), except to your Tour Director.

Gratuities on Escorted Tours:

Gratuities are included for hotel/restaurant staff and local guides/drivers. Gratuities are not included for porters, housekeepers, as well as the Novel Journeys Tour Director, which are at the traveler's discretion and should be based on the level of satisfaction with the service received.

Not Included in your Novel Journeys Tours:

Passenger travel insurance; international and internal airfares; costs associated with obtaining passports or entry visas; airport departure taxes; excess baggage charges; gratuities as noted above; meals other than specified in the itinerary; beverages other than noted in your “Trip Itinerary”; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability). Any item not included in the specific Trip Itinerary shall not be an obligation of Novel Journeys.

Itineraries:

Accommodations and arranged sightseeing are subject to change at any time due to unforeseen circumstances beyond Novel Journeys' control. Every effort will be made to operate Tours as planned, but alterations may occur after the final itinerary has been issued. Novel Journeys also reserves the right to withdraw a Tour or any part of it, to make such alterations to the itinerary or the Tour inclusions as it deems necessary or desirable, and to pass on to Tour Guest any expenditures or losses caused by delays or events beyond its control. Special Requests: Specific requests such as adjacent or connecting rooms, bedding requests, smoking or non-smoking rooms and special dietary needs should be advised at time of booking. Please note that every effort will be made to secure your special requests; however, they cannot be guaranteed.

Prices & Arrangements:

Quoted program prices include planning and operational charges, and are based on current rates of exchange, tariffs, and taxes as of June 2009. Novel Journeys reserves the right to increase Tour prices to cover increased costs, tariffs, and taxes received after prices are published, and to reflect fluctuations in foreign exchange markets. Novel Journeys is under no obligation to give breakdown costs involved in any program. Modification of trip content to accommodate a smaller group size will not affect published trip prices.

Baggage:

Baggage and personal effects are at owner's risk throughout the trip. Please check with your international carrier for other baggage restrictions applicable to your international flights.

Travel Protection Program:

Travel insurance is not included in the trip price. Novel Journeys recommends that each traveler purchase a travel protection program, which provides cancellation coverage, medical coverage, and protection against lost or damaged luggage.

Passports & Visas:

Valid passports are required for travel to all of Novel Journeys' destinations. Please note that non-US passport holders are responsible for obtaining the required documentation applicable for entry. Please note also that passports must be valid for six (6) months after the return of your journey. Novel Journeys cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements. A copy of your valid passport must be submitted to Novel Journeys in order to confirm reservations.

Registration & Payment Schedule:

For all trips, a per person deposit of 30% of total cost is required at time of booking. Final payment is due 35 days prior to departure. If your reservation is made within 35 days of departure, the entire cost of the trip must be paid at the time of the reservation.

Cancellation Charges:

Cancellations received by Novel Journeys 35 days or more prior to departure will be subject to a cancellation fee equal to 50% of deposit; 34-15 days prior to departure, will be subject to 50% of the total trip cost; 14-8 days prior to departure, will be subject to 75% of total trip cost; 7 days or less, will be subject to 100% of total trip cost.

Air Transportation:

International and internal airfares are not included in trip cost.

Claims & Refunds:

All claims for refunds must be in writing.

Photography/Videography During Travel:

Novel Journeys reserves the right to take photographs and/or videos during the operation of any program or part thereof and to use them for promotional purposes. By booking a trip with Novel Journeys, Tour Guests agree to allow their images to be used in such photographs and videos as Novel Journeys chooses. Tour Guests who prefer that their images not be used are asked to identify themselves to their Tour Director at the beginning of their trip.

Limits on Novel Journeys' Responsibility:

Notwithstanding any other provision of this Agreement, Novel Journeys sole liability hereunder or in connection with any Tour shall be the return (if appropriate) of the Tour Guests fees to Novel Journeys. Novel Journeys shall have no liability whatsoever to Tour Guests for any punitive, direct, indirect, special, consequential and/or incidental damages whatsoever (including but not limited to loss of revenues and/or profits), whether such damages arise in or are based upon theories or claims of breach of contract, tort, strict liability, negligence, or any other legal theory. Novel Journeys can not be held responsible for acts beyond its control, such as fire, storms, hurricanes, natural disasters, acts of war or terrorism, construction, labor dispute, riot or any other circumstances beyond or outside of Novel Journeys control.

Travel Advisories & Warnings:

It is the responsibility of the traveler to become informed about the most current travel advisories and warnings by referring to the US State Department's travel website at www.travel.state.gov or by phone at 888-407-4747. In the event of an active State Department Travel Warning against travel, notwithstanding any travel advisory or warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

Arbitration Agreement:

If any controversy or dispute shall arise between Novel Journeys and any Tour Guest in connection with, arising from, or in respect to this Agreement or any provision contained in this Agreement and/or the itinerary, and/or any aspect of the Tour, or with respect to the validity of this Agreement and/or the itinerary, and if such controversy can not be resolved within forty (45) days after Novel Journeys has been notified in writing of same, then such dispute or controversy shall be submitted for arbitration with the American Arbitration Association in accordance with the commercial rules then in effect. The costs of said Arbitration shall be borne equally between the Tour Guest and Novel Journeys, though the arbitrators shall have the right to award the prevailing party its reasonable legal fees and out of pocket expenses. Any such dispute or controversy shall be decided under the substantive laws of the State of New Jersey (notwithstanding its conflict of laws principles) and New Jersey shall also be the sole and exclusive jurisdiction and forum upon where such disputes can be arbitrated. The matter will be decided by a panel of three (3) arbitrators unless the parties agree otherwise. The award of the arbitration panel shall be considered final and binding upon the parties unless fraud and/or collusion on the part of any of the arbitrators is found. The arbitrator's award shall be subject to the limitations of liability set forth herein.

Traveler's Representations:

Any payment to Novel Journeys constitutes your acceptance of the terms and conditions set out herein and in more specific pre-departure passenger documentation. Novel Journeys accepts Visa and Mastercard.

Costs of Collection & Interest:

Where permitted by law, you will pay all costs and expenses, including reasonable attorneys' fees, that Novel Journeys incurs in the collection of any fees or amounts due from Tour Guests under this Agreement or otherwise, or in connection with the enforcement of any provision of this Agreement.

All delinquent payments under this Agreement will bear interest at the rate of 18% per annum simple interest (1.5% per month) or the highest rate for commercial contracts permitted under applicable law, whichever is less.

Code of Conduct.

Novel Journeys reserves the right to cancel and/or terminate tour privileges of any Tour Guest whose conduct warrants such privileges to be terminated. Such decision to terminate a Tour Guests privileges from the Tour or to otherwise exclude them shall be in the sole and exclusive discretion of the Novel Journeys tour guides. Cancellation of tour privileges for improper behavior will not result in any refunds being given to the Tour Guest.

Assignment

You may not assign the rights under this Agreement without advance written approval of Novel Journeys, which approval may be withheld in Novel Journeys sole discretion.

Waiver.

If any provision(s) of this Agreement is or becomes in violation of any local, state or federal law, then such provision(s) will be considered immediately amended to conform to that law. If the violative provision cannot be amended to conform to that law, each party expressly releases the other from any liability under the violative provision of this Agreement if either party, cannot fulfill any obligation under this Agreement due to any provisions of local, state, or federal laws governing the violative provision. No waiver of any breach of any term or condition contained in this Agreement will constitute a waiver of any subsequent breach of the same term or condition.

Waiver of Jury Trial

The parties waive the right to a jury trial in any action related to this Agreement or any aspect of the relationship between the parties and their respective successors and assigns.

Notices

All notices required under this Agreement must be in writing and will be deemed given: (1) if personally delivered to the respective party at the address of the parties or (2) if deposited in the United States mail, by certified mail, return receipt requested, postage prepaid, and addressed to the respective party.


© 2009 Novel Journeys