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Terms & Conditions

A. RESERVATIONS

Tour packages must have a minimum duration of 7 nights and include accommodation, excursions, and transportation.

I. Booking Tour Packages

a. For individuals and small groups (up to 7 travelers)

In order to secure your reservation, you must provide JayWay Travel with an acceptance of the proposal together with a non-refundable deposit, the amount of which depends on the specifications of your booking. Payment for the balance of your trip is required to be made up to 30 days before departure. For reservations less than 30 days prior to departure, full payment is required and is non-refundable. The referenced non-refundable deposit is a payment towards a full package of services to organize your trip. This deposit does not constitute a payment for a specific service (e.g. airfare, accommodation, excursion).

b. For groups of 8 or more travelers

In order to secure your reservation, you must provide JayWay Travel with an acceptance of the proposal together with a non-refundable deposit, the amount of which depends on the specifications of your booking. Payment for the balance of your trip is required to be made up to 60 days before departure. For reservations less than 60 days prior to departure full non-refundable payment is required. We reserve the right to change the cancellation/payment policy depending on the group size and the services included. Should there be any adjustments to the aforementioned policies, you will be informed about it by your travel advisor.

II. Accommodation

1. JayWay Travel cannot guarantee your choice of accommodation until after your deposit is paid, as all accommodations are subject to availability until the booking is finalized.

2. After submitting your choice of accommodation and paying your deposit, JayWay Travel will confirm the bookings at your selected accommodations. If your choice of accommodation is not available, JayWay Travel will recommend a comparable alternative. If a comparable alternative is not available, JayWay Travel will provide accommodation choices from the next available price category, which may result in either an increase or decrease in the overall trip price.

3. Once all of the accommodations reservations are confirmed, changes to booked accommodations may not be possible or otherwise may be subject to a change fee as indicated in Section E.

III. Excursions

A minimum of one excursion in each overnight destination with a duration of 2 or more nights must be included in your package. For single-city itineraries, a minimum of one excursion per full day must be included. Availability of excursions included in your package cannot be guaranteed until your deposit is paid. After submitting your deposit payment, JayWay Travel will proceed with securing the excursions included in your package. If any of the excursions are not available JayWay Travel will inform you about it and recommend a suitable alternative (if available).

B. CANCELLATIONS

Please note: Terms and Conditions regarding cancellations due to instances of Force Majeure are detailed in the Force Majeure clause within these terms and conditions.

Notification of Request to Cancel

Cancellations will only be accepted in writing (by email, to your travel advisor at JayWay Travel), 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. By accepting our Terms and Conditions you agree that JayWay Travel under no circumstances can be held liable for your insurance policy’s rejection to refund your reservation. The choice of insurance policy is your sole responsibility.

Charges for Cancellations

The charges for cancellations are as follows and are based on the final payment due date informed during the sales process:

  • Trips before final payment due date – loss of deposit

  • Trips at or after final payment due date – 100% of total trip cost

Changing the dates of your trip Note that postponements or changing the dates of your trip is classified as a cancellation and the cancellation policy above will apply in these cases.

Reducing the number of travelers Removing a traveler from a trip before the final payment due date will result in the loss of deposit for that traveler. This may result in a higher per-person price for the remaining travelers. JayWay Travel will inform you of the pricing implications before you confirm the removal of a traveler. If the removal is requested after the final payment due date, the full amount due for that traveler must be paid.

Cancellation due to non-payment JayWay Travel can automatically cancel your reservation without your prior agreement in the event there is any outstanding balance due to JayWay Travel after the final payment due date. In addition, this may also occur if extra services have been requested but not yet paid for.. 

Leaving a trip early If you are to leave the trip after it has started, you agree that no refund will be available to you for any unused services of the trip. This includes, but is not limited to, costs for accommodations, transportations, and excursions.

Cancellation by service provider Upon cancellation of the transportation or travel services, where the customer is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the customer, unless the customer advises JayWay Travel in writing, after cancellation. This provision does not apply where JayWay Travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, JayWay Travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

C. PRICES

JayWay Travel quotes prices for the tour per person or for a group of travelers. This depends on the number of travelers or arrangements of the group. The final price along with the services on the tour is available for the customer to review on the trip proposal before proceeding to payment. Price breakdowns or itemizations of costs for the items and services included in the package are not possible.

D. PLAN-TO-GO DEPOSIT

1. JayWay Travel reserves the right to charge a Planning Deposit. By agreeing to our Terms and Conditions you confirm your understanding that planning a custom trip requires considerable research and our working time. This Planning Deposit is non-refundable, but will be applied to the cost of the trip package once a proposal is confirmed. If you decide against the trip, the Planning Deposit is available to you to apply for a future JayWay Travel trip package booked within a year from the receipt of this payment.

2. Your trip package price is guaranteed only when your full deposit has been paid. A Planning Deposit is defined as a partial payment of the deposit.

E. REQUESTING CHANGES TO RESERVATIONS

Changes to reservations are not always possible. In the event a change to a reservation is possible, the third-party suppliers (such as accommodation providers, airlines, local operators, and others) may charge an extra fee for the alternation or the overall cost may change. The extra fees and cost differences are to be covered by you. 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. JayWay Travel reserves the right to levy a fee up to  $250 for changes made to existing bookings such as (but not limited to) duration, route, number of participants and hotel changes. The exact fee will be calculated on a case-by-case basis depending on the complexity of said change.

Note that a change of dates in your trip is classified as a cancellation. The details of this policy can be found in section B.

F. REFUNDS

Refunds of any amounts due at the end of the trip will be made within 7 days after the trip ends. All refunds other than those related to an involuntary change/cancellation of an excursion are subject to a 3% deduction to cover credit card processing fees.

G. PASSPORTS, VISAS, TRAVELERS DOCUMENTS & DETAILS

1. Travelers are responsible for obtaining their own 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 final day of your trip package and that your passport has at least four pages free of stamps, marks, or visas. Visas are not required for American or Canadian citizens to visit any EU countries. You agree that any penalties, surcharges, fees, and/or expenses associated with failure to meet legal passport and visa requirements are to be covered by yourself (the Customer). 

2. Customers are responsible for ensuring 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. Information provided must be as stated on each traveler’s passport. You agree that any penalties, surcharges, fees, and expenses associated with the incorrect data you provided are to be covered by yourself (the Customer). 

3. Any name changes, including spelling corrections, may result in your airline reservations being canceled and requiring rebooking. Rebooked reservations are based on availability and are priced at the time of rebooking. Any change or rebooking fees associated with this name change will be your responsibility (the Customer).

G. INSURANCE

By agreeing to our Terms and Conditions you understand that your trip will be secured by multiple providers, including, but not limited to, airlines, accommodation facilities, tour providers, on-land transportations, and other services. JayWay Travel is in charge of organizing your trip to be provided by vetted and trusted partners. For this reason, JayWay Travel suggests all travelers purchase personal travel insurance as we are not liable for accidents, 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. The choice of insurance policy is your sole responsibility and JayWay Travel can not be held responsible for any issues arising with your insurance policy or claim.

I. ACCOMMODATIONS

1. In the unlikely event that your accommodation is unavailable upon arrival, JayWay Travel reserves the right to make a substitution on your behalf with accommodation of equal or greater value.

2. There is no standard check-in or check-out time for accommodations. These times are dictated by the accommodation owner or operator. However, there will always be an option for JayWay Travel Customers to leave their bags at a secured 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. Upon your request, JayWay Travel may arrange for early check-in or late check-out. This may come at an extra fee.

J. TRANSFERS

1. 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 is not responsible for missed transfers due to any events outside of their control. For example, flight delays or other problems including, but not limited to, time spent reporting baggage as either damaged or lost.

2. Should your arrival flight be late causing you to miss a transfer or connecting service, JayWay Travel will assist in making alternative arrangements, however, the original cost will not be refunded and any additional expenses incurred shall be covered by you (the Customer). JayWay Travel strongly recommends that all travelers purchase travel insurance to protect against any such expenses incurred. If any transfer is missed due to tardiness, failure to meet at the designated check-in/pick-up area, and/or any other negligence on your behalf, JayWay Travel can not be held responsible. This includes, but is not limited to, flights, trains, group or private transportation, guides, and other transportation services arranged by JayWay Travel.

K. DAY/EVENING TRIPS (EXCURSIONS)

1. JayWay Travel’s excursions may be subject to 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, should you accept this alternative. If the alternative excursion has a higher price, then you will be responsible to pay the difference in price, should you accept this alternative.

2. It is your responsibility to arrive on time for the excursion. If any excursion is missed due to tardiness, failure to meet at the designated check-in/pick-up area, and/or any other negligence on your behalf, JayWay Travel can not be held responsible and you will not be eligible for a refund. If you elected to join a group tour or excursion, the number of participants on each group excursion is not guaranteed. Group sizes can vary from a sizable group to only you and your companions, but the service will always remain constant. Select excursions require a minimum number of participants and may not operate unless that minimum number is achieved. You may purchase excursions upon your arrival at each destination, however, all excursions are subject to availability.

3. If you are scheduled to arrive past the accommodation’s check-in time or your arrival is delayed beyond this time, you must inform JayWay Travel so that we can inform them. Failure to inform JayWay Travel may result in a cancellation of your reservation by the accommodation.

L. COMPLAINTS

1. 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 via email within 15 days of completion of the trip. JayWay Travel will work with you to address the stated problem and work toward a resolution.

2. JayWay Travel cannot be held accountable or responsible for flight cancellations or delays. All such complaints must be submitted directly by you (the Customer/Passenger) to the airline(s). JayWay Travel is unable to provide any refunds for unused services, such as missed transfers, due to airline complications, missed excursions, and unused accommodations. JayWay Travel may not be held responsible for any promises made by accommodation owners, local guides, or anyone else who is not a JayWay Travel employee. 

3. JayWay Travel strongly recommends purchasing proper travel and personal insurance to protect you from any unforeseeable situations and accidents during your trip.

M. RESPONSIBILITY

1. JayWay Travel contracts with a network of companies and individuals to assist in the provision of trip packages. These are independent third parties vetted and qualified to perform their respective assignments.

2. All of these services are subject to third-parties 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, excursions, experiences, 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 on changes or delays in transport, as well as services affected by weather conditions. Any complaints of the above shall be directed to these companies providing the services and claims for any refunds connected with the above - to your insurance policy. 

3. 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.

4. 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.

N. DISCLAIMER

1. While JayWay Travel and its destination managers have a relationship with both yourself and the local suppliers that are 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 judgment resulting therefrom – between yourself and said local suppliers are not the responsibility of JayWay Travel and JayWay Travel shall not be a party to any such conduct, action, inaction or disputes.

2. In the event of any damages, loss, accidents, injuries, or death your complaints shall be directed to the local provider of a specific service and your insurance policy. You agree not to claim any damages or liability of JayWay Travel in the case of the aforementioned events.

O. FORCE MAJEURE CLAUSE

1. 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, pandemics, or any technical catastrophes and accidents.

2. 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 its customers in writing of any delay or failure to perform occurring from a Force Majeure. JayWay Travel shall resume its obligations when it is considered reasonable after the cause of non-performance ceases to exist.

P. 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. 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 in writing via email.

4. JayWay Travel will apply 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 question 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.

8. In the event that a customer does not reply to JayWay Travel’s Consent Form for Future Travel Credit 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.

9. A Force Majeure credit transitioned from a deposit payment may only be applied toward a deposit payment for the rescheduled trip.

Q. 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 an 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 ten 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 this section prevent the customer from embarking 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 presented to JayWay Travel will be reported to the authorities.

4. Should JayWay Travel decide in favor of a refund, a fee for JayWay Travel services shall be deducted. This fee is variable from reservation to reservation, but cannot exceed 50% of the full trip cost. JayWay Travel shall decide in each case about the percentage of such service fees.

5. Upon reaching an 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.

R. DISPUTE RESOLUTION

1. In the event of a dispute regarding the Terms and Conditions, the Parties shall act in good faith to resolve the dispute amicably through negotiations.

2. If the dispute is not resolved within a reasonable time, but not longer than one month, any or all outstanding issues may be resolved through mediation or litigation. In the latter case, the Parties agreed that the courts of the State of New York, in the United States of America, shall have exclusive jurisdiction in respect of any disputes arising from the Terms and Conditions. These Terms and Conditions shall be governed by New York laws.

S. PROMOTIONAL RELEASE

During the course of a tour, photographs or videos 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. You will always be informed in advance of such content being taken and you will be offered the choice of being included or excluded. By agreeing to be included in the content you allow JayWay Travel or its local partners to use that content for promotional purposes.

Last revision September 20th, 2023

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