Terms & Conditions
1. Land-only packages
Once availability of dates and accommodation are confirmed you will have 72 hours to accept that proposal and to secure the reservation. Together with your acceptance of the proposal you must provide JayWay Travel with a non-refundable deposit of 25% of the total trip price provided that the reservation is made more than 60 days before the trip’s departure date. For reservations made between 30-59 days prior to departure, a 50% deposit is required, and for reservations less than 30 days prior to departure full payment is required. Payment for the balance of your trip is required to be made by 30 days before departure.
2. Airfare + land packages
Once availability of dates and accommodation are confirmed and you have approved the proposed flights, a deposit of 50% (this can vary depending on the proportion of the total that is airfare) is to be paid immediately by credit card to our flight ticketing partner to secure your flights and land package reservation. For reservations made less than 60 days prior to departure, full payment is required.
3. Accommodation (applicable to both land only and airfare + land packages)
After submitting your choice of accommodation JayWay Travel will reply with confirmation of availability. If your choice of accommodation is not available JayWay Travel will recommend a suitable alternative.
In terms of an accommodation alternative, this will generally mean a recommendation within the same price category. If an alternative from the same category is not available, JayWay Travel will seek to offer an accommodation from the next available price category resulting in either an increase or decrease in the overall trip price.
JayWay Travel cannot guarantee your choice of accommodation will be available, as all accommodations are subject to availability. Changes to accommodations may occur and we will inform you of these changes before requesting your deposit. If a change is necessitated after payment of your deposit we will inform you as soon as possible and work tirelessly to find an equal or better replacement, or refund you any difference.
Coronavirus Specific Information
Cancellations will only be accepted in writing, charges resulting therefrom will be based on the date this written cancellation is received. We recommend arranging travel insurance for your trip that covers cancellation for any reason. The charges are as follows for trip packages and flights:
- Trips more than 30 days prior to departure – loss of deposit;
- Trips at or less than 30 days prior to departure – 100% of total trip cost
If there is any outstanding balance due to JayWay Travel less than 30 days prior to your departure without prior agreement (for example you have requested extra excursions), all of JayWay Travel’s travel services for you may be subject to immediate and automatic cancellation unless confirmation of payment being sent is provided. If you are to leave a trip after it has started no refunds will be available to you for any unused accommodations, transport, or excursions associated with said trip.
JayWay Travel has the right to cancel any trip, at any time, prior to departure due to any act of terrorism, natural disasters, political instability, or other factors that, within the sole discretion of JayWay Travel which make it unreasonable for JayWay Travel to run said trip(s) as scheduled. We do not take such decisions lightly and would only do so in response to a State Department order banning travel to a destination. In such cases we will recover all possible monies and refund this to you. JayWay Travel is not responsible for any incidental expenses incurred by you as a result of your trip such as passports, visas, non-refundable flights, etc.
2. Airline Tickets:
When included, airline tickets for JayWay Travel packages will be issued by a third party supplier. Depending on the origin city and carrier, payment for these tickets is to be made either directly to JayWay Travel or directly to the third party supplier. If tickets are confirmed through JayWay Travel full payment is required at the time of price acceptance. After full payment, a confirmation will be sent to the client via electronic mail. On the day of departure the client will be responsible to check in at the airport for their flight using this confirmation number.
If tickets are confirmed through a third party supplier, airline ticket prices (without taxes and fees) can be guaranteed for up to three days depending on the airline policy, if seats are blocked with the correct passenger name. Taxes and fees fluctuate daily so the exact ticket price including taxes and fees is not confirmed until the moment the tickets are issued by the third party supplier.
Once issued, airline ticket cancellation charges can vary and are based on the particular carrier. For tickets purchased through our third party suppliers, if your reservation is not cancelled through the airline, your tickets are non-refundable if cancellation is not received by our supplier’s office prior to your departure date. Airline schedules and flights are subject to change without warning. JayWay Travel and its third party supplier are not responsible for penalties incurred for tickets due to schedule and/or flight changes.
Prices quoted by JayWay Travel are per person and are based upon the size of your party.
D. PLAN-TO-GO DEPOSIT
After presenting several versions of a preliminary itinerary covering our standard destinations free of charge, or at the beginning of the process in the case of an itinerary that includes non-standard destinations we reserve to right to charge a Plan-To-Go deposit of a minimum of between $250 and $500 commensurate with the complexity of the trip in question. Planning a custom trip requires considerable research and the application of our trip planners’ years of experience. This is a fully transferrable non-refundable deposit 100% of which goes towards the cost of the trip you plan to take with us. If you decide against the trip, the deposit is available to you to apply to a future trip or it can be used by anyone you nominate.
Your trip price is guaranteed when your deposit has been paid in full.
E. LAST MINUTE RESERVATIONS
It is not always possible for JayWay Travel to make last minute reservations for a complex vacation package. However, we will try our very best to provide you an amazing vacation at short notice.
F. REQUESTING CHANGES TO RESERVATIONS
After receipt of full or deposit payment for your bookings we reserve the right to charge a fee of $25 per change for any changes to already booked trip arrangements. This fee is in addition to any other costs that may be charged by the accommodation, airline or local operators. This does not apply to adding excursions or other services to your package, only for changes to existing confirmed bookings we have made on your behalf.
G. TRAVELERS DOCUMENTS & DETAILS
Customers are responsible to ensure that JayWay Travel receives the correct name spelling(s), address(es), email(s) and other relevant contact information for yourself and all of those traveling with you included in a JayWay Travel booking. That information must be as stated on each traveler’s passport.
Any name changes, including spelling corrections could result in your airline reservations being cancelled and requiring rebooking. Rebooked reservations are based on availability and are priced at the time of rebooking.
JayWay Travel encourages all travelers to purchase personal travel insurance as we are not responsible for accident, medical expenses, emergency repatriation, personal liability, cancellation, loss or damage to luggage or personal belongings, or excess luggage weight charges levied by airlines. The purchase of travel insurance can be made at the time of booking through our online partners.
In the very unlikely event that, upon arrival, your included accommodation is unavailable for whatever reason JayWay Travel reserves the right to make a substitution on your behalf with an accommodation of equal or better standard.
There is no standard check in or check out time for accommodations. This is dictated by the accommodation owner or operator. However, there will always be an option for JayWay Travel guests to leave their bags at a location, should there be a wait for check-in or if they are required to leave their accommodation on the day of check out earlier than the scheduled departure from a city.
J. PASSPORTS & VISAS
Travelers are responsible to obtain the proper travel documents, and to enquire at the relevant consulate or visa agency whether or not visas and/or passports are required to enter or leave a destination within your trip package. Travelers are required to carry a passport that is valid for at least six months beyond the termination date of your trip package. Visas are not required for American or Canadian citizens to visit any EU countries.
Transfers by car, minibus, coach bus, train and/or ferry are included depending on the trip package. These transfers are subject to change without previous notice due to local circumstances. JayWay Travel or its transfer company are not responsible for missed transfers due to flight delays or other problems including (but not limited to) time spent reporting baggage as either damaged or lost.
Should your arrival flight be late causing you to miss a transfer or connecting service, JayWay Travel will assist in making alternative transfer arrangements but transfer costs will not be refunded and any additional expenses incurred are your responsibility. We strongly recommend obtaining travel insurance which will reimburse you for any such expenses incurred. If you are late for a transfer then you will, also, be responsible to pay any additional cost which occurs because of your lateness. JayWay Travel is not responsible for your missing any transfer, including (but not limited to) a flight because of your lateness.
L. DAY/EVENING TRIPS (EXCURSIONS)
JayWay Travel’s excursions are subject to scheduling change(s) prior to or upon your arrival at the designated destination. In the event of a schedule change, an alternative excursion will be provided on or near the scheduled date. If the alternative is of a lower value than the originally booked excursion then you are entitled to a refund of the price difference. If the alternative excursion has a higher price then you will be responsible to pay the difference in price, should you accept this alternative.
It is your responsibility to arrive on time for the excursion. If you arrive late to an excursion you will not be eligible for a refund. The number of passengers on each group excursion is not guaranteed, and group sizes can vary from a sizeable group to only you and your companions, but the service will always remain constant. Some excursions require a minimum number of participants and may not operate unless that minimum number is achieved. You may be able to purchase some excursions upon arrival at the destination (based on availability).
If you are not satisfied with any services you must report this immediately to the JayWay Travel destination manager responsible for your trip. If the problem is not corrected during your trip you must submit your complaint, in writing, within 15 days of completion of the trip. JayWay Travel will then come back to you with its response to the stated problem.
Flight cancellations or delays are not the responsibility of JayWay Travel. All such complaints must be submitted directly by you to the airline(s). There will be no refund from JayWay Travel for unused service, such as missed transfers, due to airline complications, missed excursions, and unused accommodations. JayWay Travel is not responsible for any promises made by accommodation owners, local guides, or anyone else who is not a JayWay Travel employee.
JayWay Travel contracts with a network of companies and individuals to assist in the provision of trip packages. These are independent third parties qualified to perform their respective.
All of these services are subject to terms and conditions such as transfers, accommodation, and excursions to be provided. The purchase of such services shall be considered as acceptance by you of those conditions. JayWay Travel does not operate the buses, ferries, trains, cars, airlines, or accommodations used in its trip packages so JayWay Travel shall not be responsible for changes, delays, and cancellations for such services. Also, JayWay Travel will not be responsible for any additional expense(s) incurred based changes or delays in transport, as well as services affected by weather conditions.
JayWay Travel will not be liable for injury, damage, loss, accident, delay, or irregularity that may occur due to the actions of third-party service providers. JayWay Travel shall not be held responsible for potential risks and dangers that you may face in travel to destinations offered by JayWay Travel, where injury, delay, or any other expected or unexpected events may occur. JayWay Travel has no responsibility, nor will accept any, for any traveler who breaks any law or regulation of any country visited.
JayWay Travel shall not be held responsible for the standards of quality, political environment, cuisine, sanitation, cleanliness, telecommunications, business practices, treatment or medical services that you find or experience in these destinations. Risks may be involved with travel to these destinations due to unstable political situations, civil unrest, war, and government or private actions. JayWay Travel shall not be responsible or held liable for any of the aforementioned risks.
While JayWay Travel and its destination managers have a relationship with both yourself and the local suppliers that is intended to assist in providing better services to you through such local suppliers, JayWay Travel shall in no way be affected by those relationships. Any damages or loss that may result from any conduct, action or inaction by a local supplier as well as any dispute(s) – or judgement resulting there from – between yourself and said local suppliers is not the responsibility of JayWay Travel and JayWay Travel shall not be a party to any such conduct, action, inaction or disputes.
P. FORCE MAJEURE CLAUSE
JayWay Travel shall not be liable or responsible for failure or delay in fulfilling or performing any obligations under the current Terms and Conditions when such failure or delay is caused by or results from causes beyond the reasonable control of JayWay Travel. This includes, but is not limited to, arsons, fires, floods, embargoes, wars (declared and undeclared), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, enactments or amendments of laws and regulations, omissions of Governments, including, but not limited to quarantine implementation measures, infectious disease outbreaks (including but not limited to the pandemic of Coronavirus, also referred to as COVID-19) or any technical catastrophes and accidents.
JayWay Travel shall act in good faith and use reasonable commercial efforts to avoid or remove existing causes for nonperformance of their duties. JayWay Travel shall notify their customers in writing of any delay or failure to perform occurring from a Force Majeure. JayWay Travel shall resume their obligations when it considered reasonable after the cause of non-performance ceases to exist.
Q. FORCE MAJEURE CREDITS
1. Should a Force Majeure event occur and JayWay Travel be unable to perform their duties properly for reasons outside of their control, JayWay Travel shall apply a Force Majeure credit for their existing customers and respective reservations.
2. The Force Majeure credit implies the best commercial efforts of JayWay Travel to preserve the full value of a reservation by existing customers and create a credit with JayWay Travel for a future trip package of equal or greater value to the originally booked trip package. The Force Majeure credit excludes refunds except for exceptional cases referred to below.
3. A Force Majeure credit granted to a customer is valid until the end of the calendar year after the original start date of the original itinerary. JayWay Travel will inform their customer of the Force Majeure credit via email.
4. JayWay Travel applies Force Majeure credit only under all of the following circumstances:
- Occurrence of Force Majeure.
- Request to cancel a reservation by a customer.
- Refund of the reservation by third parties (this includes third parties securing different parts of the reservation such as airlines, transfers, hotels, excursions, guides, and other tourism-related services).
5. The Force Majeure credit can be applied with respect to each customer only if all of the above three requirements are met. The Force Majeure credit is considered to be granted when a customer in questions signs a Consent Form for Future Travel Credit digitally.
6. JayWay Travel shall act in good faith to preserve the full amount paid for the reservation and credit it for the customer’s future trip. JayWay Travel shall not be liable for third parties’ rejection to refund existing reservations or granting a partial refund.
7. Should JayWay Travel come to an agreement with a customer regarding cancellation of reservation and crediting respective funds for future travels, no further re-negotiations are admissible. Upon reaching an agreement on the Force Majeure credit, JayWay Travel shall send the customer via email our offer of future travel credit to sign digitally. Shall the customer sign this agreement digitally, they agree that the offer is final, satisfactory and cannot be revisited in the future under any circumstances. The customer likewise precludes themselves from pursuing any other avenues to return the non-refundable deposit.
R. FORCE MAJEURE REFUNDS
1. Notwithstanding this Force Majeure credit policy, a customer, or their family member can request a reservation refund from JayWay Travel in any of these exceptional circumstances:
- Death of a customer or immediate family member.
- Serious illness or grave injury of a customer occurring after the reservation was made, which is a condition that carries a high risk of mortality, negatively impacts the quality of life and daily function. The customer has to be diagnosed with a serious illness. No doctor’s recommendations to abstain from traveling, pre-existing conditions, potential risk to contract an illness or any other documents apart from a diagnosed serious illness are acceptable.
2. JayWay Travel shall be informed of the death of a customer or immediate family member or customer’s serious illness without reasonable delay, but not later than five calendar days after the death or serious illness diagnosis and no later than ten calendar days before the trip is scheduled to begin. Shall the customer fail to comply with this requirement or if a customer or an immediate family member be deceased later than ten calendar days before the scheduled trip, their request for refund will be subject to cancellation policies and non-refundable services.
3. JayWay Travel shall consider a refund only if any of the circumstances referred to above in the opening paragraph of section R prevent the customer to embark on a booked trip. The customer shall coordinate to have the documentary evidence sent directly to JayWay Travel by the Medical Doctor, Hospital, Funeral Home or relevant entity relating to any of the above circumstances and prove that these circumstances prevent them from embarking on the trip. Any forged or fraudulent documents will be reported to the authorities.
4. Should JayWay Travel decide in favor of refund, a fee for JayWay Travel services shall be deducted. This fee is variable from reservation to reservation, but cannot exceed 50% of full trip cost. JayWay Travel shall decide in each case about the percentage of such service fees.
5. Upon reaching oral agreement on the Force Majeure Refund, JayWay Travel shall send the customer via email a Consent Form for Force Majeure Refund and offer to sign it digitally. Shall the customer sign this Consent Form, they agree that the offer is final, satisfactory and cannot be revisited in the future under any circumstances. The customer likewise precludes themselves from pursuing any other avenues to return the non-refundable deposit.
6. In the event that a customer does not reply to JayWay Travel’s Consent Form for a Force Majeure for one week from the day the offer was sent to the customer’s email, then the offer subsequently expires and is subject to change.
S. PROTECTION OF PERSONAL INFORMATION
1. JayWay Travel collects, stores, uses, and processes your personal information and the information of the persons directly related to you (other individuals on the reservation). This includes, but is not limited to, your passport information, mailing address, work and home addresses, email and phone number, other contact information and any other information needed to provide you with the services you booked. This is done in accordance with laws and regulations applicable to protection of personal data for, amongst others, the purpose of providing services, administering billing and accounting systems, maintaining JayWay Travel’s internal information systems, managing customer relationships, complying with our legal obligations, and for marketing purposes.
2. JayWay Travel will not disclose, reveal, report or use, for any purpose, any of your personal information, which JayWay Travel received from you, except as necessary to provide you with the services you booked. This will include usage of your personal information within JayWay Travel as part of internal exchange of information to improve your traveling experience, and for marketing purposes.
3. The above may include sharing some of your personal information with third parties, such as airlines, accommodation providers, excursion guides, and others. In this event, your private information is subject to the Terms and Conditions of these third parties and JayWay Travel cannot be held liable for any misuse of it.
4. You can contact JayWay Travel regarding any personal information gathered about you and request corrections.
Any dispute under this agreement shall be submitted to binding arbitration in New York City, New York, under the rules then prevailing the American Arbitration Association, and judgement rendered may be entered and enforced in any court of complaint.
U. PROMOTIONAL RELEASE
During the course of a tour photographs or video may be taken to be used by JayWay Travel or our local partners in promotional campaigns including but not limited to print, online advertising, our websites, and social media profiles. At the time of material being shot you will have the opportunity to decline being included.
V. TRAVELING DURING THE COVID-19 PANDEMIC
1. With the COVID-19 pandemic traveling has changed. Presently, JayWay Travel’s operation is subject to new laws, regulations, and bylaws governing travel at this time. This Section is designed to raise your awareness to the extent possible about traveling during COVID-19.
2. The United States Department of State advises all U.S. citizens to read the country-specific travel advisories and U.S. Embassy COVID pages for updates on the impact of COVID-19 worldwide. The State Department stresses that international travel may include mandatory quarantines, travel restrictions, and closed borders, which might be introduced at little notice. JayWay Travel reiterates the message of the United States Department of State.
3. We strongly recommend that you monitor notification of the Centers for Disease Control and Prevention for the latest information regarding COVID-19 before your trip.
4. By booking a tour with us during the COVID-19 pandemic, you agree to the following:
- The COVID-19 pandemic is indisputably beyond JayWay Travel’s control, the COVID-19 and its subsequent restrictive measures cannot possibly be predicted, affected, altered, or avoided by JayWay Travel. Therefore you understand that it is your sole responsibility to verify the latest domestic and international travel restrictions in connection with COVID-19 including, but not limited to, referring to the above and other reliable and official sources. JayWay remains at your disposal at all times and upon your written request will be able to advise you about the situation in your destination country. Failure to familiarize yourself with the latest rules and regulations concerning COVID-19 pandemics is your sole responsibility.
- Being fully aware of the ongoing COVID-19 pandemic and the inherent risk to travel, you are accepting not to hold JayWay liable for any travel restriction, cancellations, and delays by transportation, accommodation, entertainment, and other relevant institutions and providers. You fully agree that the above events fall outside of JayWay’s control.
- You understand that it is your responsibility to have travel insurance to ensure you have coverage for all medical needs, trip cancellation, and other unpredictable changes to your trip. You also understand that concerns or fear of travel is not a covered reason for cancellation relating to COVID-19. You will not hold JayWay responsible for your decision not to purchase travel insurance or any denial of the claim by travel insurers relating to COVID-19 or any other claim under your policy.
- You understand that the above restrictive measures, including, but not limited to, the measures affecting destination country entry and departure regulations might change during your trip, and in turn which might affect your trip. You will not hold JayWay responsible for the above.
- You are aware that additional screening procedures and restrictions may take place at airports and in public areas. You are aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport. You fully agree to follow and comply with preventing measures against COVID-19 spread introduced by local governments. You understand that failure to comply with these requirements might result in a denial of services or access to certain facilities, moreover, depending on jurisdiction, you might be held liable for breaking the law. You agree that failure to follow the above regulations is your sole responsibility.
- You are fully and personally responsible for your own safety and actions during your trip and you recognize that you may be at risk of contracting COVID-19. You will not hold JayWay responsible for the above.
5. With full knowledge of the risks involved you release, waive, discharge JayWay Travel, Inc. from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by you related to COVID-19 while on tour, participating in any activity, while during or in transit to/from the trip that may lead to unintentional exposure or harm due to COVID-19.
6. You agree to indemnify, defend, and hold harmless JayWay Travel from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims due to injury, loss, or death from or related to COVID-19.
7. The rules of this Section remain effective for any matters arising from your trip during the COVID-19 pandemic.
8. JayWay may choose to sign a Liability Release Waiver individually with each customer via online methods. The existence or non-existence of such an individual waiver signed with each customer does not invalidate any part of this Section of the Terms and Conditions.