Terms & conditions
Updated: April 15, 2024
By making a payment to Durgan Travel Service ("Durgan Travel Service') or participating in a Durgan Travel Service tour, cruise, or event ("Trip") you agree to these Travel Terms and Conditions set forth herein together with any additional documentation we give you (collectively "The Agreement") and any additional terms and conditions of any Supplier that are applicable to your travel arrangement. The Agreement describes what you are legally entitled to expect from us when you book your Trip, in addition to important obligations you enter into as a traveler ("Member") that affect your legal rights. Therefore, it is of vital importance that you read The Agreement in its entirety. The lead traveler is responsible for sharing The Agreement with each traveler for whom they make a booking. If the booking is made by a Travel Advisor, the Advisor is responsible for providing all travelers with a copy of The Agreement. Durgan Travel Service is not responsible for any Member's unawareness of the Terms and Conditions or any other provisions in The Agreement due to the failure of the lead traveler or Travel Advisor to share this information with all other travelers. If you have any questions about The Agreement you should contact us before making any booking.
RESERVATION AND PAYMENT
Our team is ready to book your reservation. Final payment is due as indicated on your itinerary. You must make all payments on time and in accordance with the instructions that we provide you. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received. Reservations are non-transferable.
Unless otherwise noted, a non-refundable deposit is required for each traveler is required at the time of booking. Payment of the deposit to Durgan Travel Service constitutes acceptance of these terms and conditions. Durgan Travel Service reserves the right to modify these terms and conditions at any time, without notice. If your travel arrangements include scheduled air, you are required to purchase the full air ticket cost at the time of booking. Balance is usually due 75 Days before all tour programs. For Cruise Programs, the balance is usually due 120 days before departure. If you are booking your travel program within 75 days of departure, final payment is required at the time of booking.
CANCELLATIONS
Full refunds, minus a $25.00 service fee and the cost of the travel protection plan, will be returned to passengers if cancellation is given up to 90 days prior to tour departure date. Between 89 – 76 days prior to departure, the full deposit is non-refundable. Between 75 – 60 days prior to departure, 25% of the total tour price is forfeited. Between 59 – 45 days prior to departure, 50% of the total tour price is forfeited. Between 44 – 36 days prior to departure, 75% of the total tour price is forfeited. Within 35 days of departure – no refund.
You have the right to cancel your reservation with Durgan Travel Service at any time prior to departure of the Trip. However, regardless of the reason cancellations result in costly expenses, therefore a cancellation may result in a penalty fee that increases the closer the cancellation is to departure. Fees vary between Trips; please see the specific Cancellation Fees and Schedules for your Trip as specified in your Registration Form.
CANCELLATION BY DURGAN TRAVEL SERVICE
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of extreme circumstances as detailed below, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with our cancellation policy above. You are responsible for any additional costs for air tickets or other travel arrangements not made by us.
INCLUDED IN A DURGAN TRAVEL SERVICE TRIP
Prices are per person based on double occupancy and include all accommodations; airport transfers and land transportation as detailed in each Trip itinerary; basic internet where available in hotel rooms and aboard riverboats (service levels are not guaranteed); entertainment and special dinners as arranged by Durgan Travel Service; shore excursions and sightseeing; standard luggage handling (see Luggage Policy); services of Durgan Travel Service Directors and local tour guides. All names and deposits are required at the time of booking. Meals are included as specified in the customer itinerary. Airfare is usually included in the tour pricing.
Cabins/Rooms with two beds are usually reserved for doubles. The price for rooms/cabins occupied by one person is higher than those when two or more people share the cost of a room.
NOT INCLUDED IN DURGAN TRAVEL SERVICE TRIP
Durgan Travel Service Director and Driver gratuities are not included and are voluntary for all land tours. As a service, Durgan Travel Service will make hotel reservations before or after your trip on a space-available basis upon request. These hotel charges will be added to your Trip cost. Personal Expenses such as phone calls, room service, alcoholic and bar beverages, laundry, airline excess luggage charges, and other optional incidental extras are not included. This list is illustrative and not a complete list of every item not included. Trip Protection is optional but HIGHLY recommended to protect your vacation investment.
TRIP MEMBER CONDUCT
By participating in a Durgan Travel Service Trip, a Member agrees to be bound by all rules and guidelines established by Durgan Travel Service, its representatives, and your Durgan Travel Service Director(s).
Durgan Travel Service reserves the right to terminate your Trip if you are abusive of others, or your behavior disrupts the Trip or if your physical condition negatively impacts the enjoyment of the other guests. Durgan Travel Service will make no refund and will accept no liability if you must leave the trip. Durgan Travel Service is not responsible for any costs incurred by you due to removal from a vacation.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or another supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us.
TRIP MEMBER HEALTH AND SAFETY
You participate in the activities of the Trip at your own risk. Climbing, hiking, extensive walking, touring in general, use of various transportation and recreational vehicles, and other physical activity may involve a greater risk of injury or death than the activities in which you may participate during your daily life. By taking part in such activities, you incur and assume all of the risks that such activities present. As Durgan Travel Service is not qualified to evaluate your fitness, you (or your doctor) must evaluate your fitness for any given tour or activity. Durgan Travel Service assumes no liability or responsibility for any Damages which may result from your participation in any activity during the Trip.
You may be required to sign waivers on or before the departure date. Failure to sign waivers may prevent you from participating in the Trip or from participating in specific Trip activities.
ITINERARY CHANGES AND FLEXIBILITY
Durgan Travel Service pledges to make every effort to operate all Trips as advertised. Travelers should be flexible as situations may arise that necessitate changes or exceptions to the itinerary. Durgan Travel Service reserves the right to alter or curtail the itinerary and substitute hotels, sightseeing, and/or conveyances as it is deemed necessary. Any savings realized by these changes will be refunded to guests. Any resultant expenses will be covered by Durgan Travel Service.
LUGGAGE POLICY
Due to space limitations during your Durgan Travel Service Trip, we ask that you please limit your checked luggage to one average-size suitcase per person. Besides complying with the Durgan Travel Service restriction noted above, you should also be sure to research and comply with all airline baggage restrictions relating to your flights to and from your Durgan Travel Service Trip. Researching and complying with airline luggage restrictions is your responsibility and Durgan Travel Service cannot be held responsible for any costs, or disruptions to travel, caused by your failure to research and comply with airline policies. PLEASE NOTE that if you are booked on a Trip that includes on-tour flights, the checked luggage weight restrictions for these flights may be lower than the weight restrictions for your international flights, details will be provided in your personal travel documents provided prior to your Trip.
Although every effort is made to handle your luggage carefully, we cannot be responsible for loss or damaged luggage and personal effects due to breakage, theft, or fair wear and tear through hotel, airline, and ground transportation handling. It is important to have adequate insurance to cover these eventualities.
HOLIDAY AND MUSEUM CLOSURES
Museum visits and personal shopping time may be disrupted due to unforeseen circumstances, or many religious, state, and local holidays observed throughout the world.
ERRORS AND OMISSIONS
While every effort is made to ensure the accuracy of the information in our brochures, on our website, or communicated by our reservation staff, errors or omissions are possible and Durgan Travel Service is not responsible for such errors. If a mistake is made in billing, we reserve the right to correct the invoice and you will be responsible for proper payment.
TRAVEL DOCUMENT REQUIREMENTS
The Transportation Security Administration requires all passengers to provide their name, date of birth, and gender when making all airline reservations. For international travel, US citizens require a passport valid for at least 6 months beyond their return flight date. Non-US citizens should contact their booking agent or appropriate consulate for information on all necessary documents. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, and any other requirements to be permitted entry into each destination. Your failure to have proper visas and/or passports will likely result in you not being able to leave a country or enter a destination and no refund will be available in any such case and Durgan Travel Service will have no liability in such case.
Due to the COVID-19 pandemic, some destinations may have specific requirements including but not limited to proof of a negative COVID-19 test, a vaccination, and health insurance. These guidelines are in addition to and may go beyond, Durgan Travel Service's requirements. It is your sole responsibility to understand the requirements specific to your travel destination(s). In addition, Durgan Travel Service reserves the right to require additional documentation in order to participate in a tour or cruise, in which case you will be informed of the requirements ahead of your trip.
Failure to have proper visas and/or a passport, or other required documents, will likely result in you not being able to leave a country or enter a destination. No refund will be available and Durgan Travel Service will accept no liability in such a case.
TRAVELING WITH MINORS AS A GUARDIAN
By allowing a minor to participate in a Durgan Travel Service Trip, the parents and/or guardian of the participating minor agree to be solely responsible for the supervision and welfare of the minor on the Trip and to ensure that the minor follow all written and verbal rules of safety. The parents and/or guardian of the participating minor, for themselves and on behalf of the participating minor, hereby release and discharge, and agree to hold harmless, Durgan Travel Service from and against any and all damages (including, without limitation, emotional trauma) suffered or incurred by such minor.
If you are traveling as the guardian of a child/children, we strongly suggest that you carry a letter from both parents of the child authorizing emergency treatment in the event of illness or accident. For travel abroad, many foreign countries have specific entry requirements for children under 21 who are traveling internationally without BOTH parents. PLEASE NOTE: Durgan Travel Service is not responsible for the disruption of travel caused by improper documentation for children traveling without both parents.
TRAVELERS NEEDING SPECIAL ASSISTANCE
Special Dietary Requests: The restaurants, hotels, caterers, and numerous other partners we work with all do their best to accommodate special dietary requests from you. However, given the diverse nature of those food providers (from small wineries to grand hotels to world-famous restaurants, some of our partners are better able than others to accommodate such requests. We therefore cannot guarantee that all dietary requests can be accommodated at every meal. Also, please note that where dietary requests can be accommodated, choices will frequently be limited.
Mobility: Durgan Travel Service regrets that it cannot provide special assistance for walking, wheelchairs, motorized scooters, dining, or other personal needs. If you need such assistance, you must be accompanied by an able companion who will assist you. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. Durgan Travel Service may require you to produce a doctor's certificate certifying you are fit to partake in the Trip. If Durgan Travel Service is unable to reasonably accommodate your needs or believes that your health and safety could be compromised, Durgan Travel Service reserves the right to refuse you a place on the Trip.
PHOTOGRAPHY AND VIDEO ON TOUR
Occasionally, Durgan Travel Service will use photographs and/or videos taken on the tour by fellow guests, your Durgan Travel Service Tour Guide, or professional photographers for use in print, internet, and other promotional purposes. If you prefer that your image not be used in any marketing activities, please notify your Durgan Travel Service Tour Guide at the start of your Trip.
EXTREME CIRCUMSTANCES
Durgan Travel Service assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Durgan Travel Service that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Durgan Travel Service shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind including liability to make any refund. However, in a Force Majeure occurrence, Durgan Travel Service reserves the right to issue a credit to you in lieu of a money-back refund, applicable to a future Durgan Travel Service Trip.
SUPPLIER AGREEMENTS
Durgan Travel Service does not own, manage, control, run, or operate any transportation or recreational vehicle (including any motor coach, boat, helicopter, and/or airplane), hotel, restaurant, or any other supplier of services connected with a Trip. All tour services are subject to the terms and conditions specified by the supplier of such service and to the laws of the countries in which the services are supplied. The passage contract (Conditions of Carriage), when issued by the airlines concerned, shall constitute the sole contract between such airlines and the Trip Member.
LIMITS ON DURGAN TRAVEL SERVICE'S RESPONSIBILITIES
It is our aim to give each of our patrons the best possible service and attention. All Members of Durgan Travel Service Trip should be aware that, in arranging restaurants, transportation (including air transportation), motels, hotels, and other accommodations or any other service, Durgan Travel Service and its agents, employees, officers, directors, and affiliates are acting only as agent for the Member and assume no liability or responsibility for any accident, death, personal injury, illness, property damage, delay or other loss or expense of any nature whatsoever (collectively, "Damages") arising directly or indirectly out of any act of God or any actions or omissions of, or default of, any restaurant, carrier (including airlines), motel, hotel, or other person or supplier of services providing any of the services, programs, or accommodations offered in connection with a Trip. All such restaurants, carriers (including airlines), motels, hotels, and other persons or suppliers providing services, programs, or accommodations are independent contractors.
By participating in a Trip, a Member agrees that Durgan Travel Service shall not be liable or responsible for any Damages, or any problems concerning any restaurant, carrier (including airlines), motel, hotel, or other person or supplier providing services, programs, or accommodations, resulting directly or indirectly from any occurrences beyond the control of Durgan Travel Service, including but not limited to acts of God, casualties, vehicle defects, natural disasters, labor disputes, theft, equipment breakdowns, cancellations of the itinerary, delayed departures and arrivals, missed connections, quarantines, pilferage, weather, government restraints, hijackings, mechanical defects or failures, terrorist acts, or defaults or negligence by any restaurant, carrier (including airlines), motel, hotel or other supplier providing tour services, programs or accommodations. By participating in a Trip, a Member further agrees that Durgan Travel Service shall not be liable or responsible for any damages arising out of or relating to any Trip, except to the extent arising out of Durgan Travel Service’s gross negligence or willful misconduct.
MODIFICATIONS TO TRAVEL TERMS AND CONDITIONS
Durgan Travel Service reserves the right to correct any errors or omissions in its published materials and to amend these Travel Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Travel Terms and Conditions shall automatically be effective upon being posted by Durgan Travel Service to the website DurganTravel.com. Accordingly, guests should check the website DurganTravel.com or contact the office directly prior to travel in order to ensure they are aware of any changes.
CONTROLLING LAW AND JURISDICTION
It is agreed by Durgan Travel Service and the Member that all legal claims, actions, and proceedings against Durgan Travel Service under, in connection with, resulting from or incident to a tour may be instituted, if at all, only in a state or federal court within the State of Massachusetts, USA, to the exclusion of the courts of or in any other state or jurisdiction except that Durgan Travel Service may elect, at its sole discretion, to litigate the action in the county or state where the guest is located. In no event shall Durgan Travel Service be liable for other than compensatory damages, and you hereby waive all rights to punitive damages. You agree that you will only bring claims against Durgan Travel Service in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. You understand and agree that no claims will be considered and that you will not bring suit against Durgan Travel Service unless you have first provided written notice of claim to Durgan Travel Service within 30 days after the tour or cancellation of the tour.
You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you with notice. Your continued use of our services following the notification of any changes constitutes your acceptance and agreement to be bound by such changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.
If you have any questions about our terms & conditions, you should contact us immediately at 781-438-2224 or contactus@durgantravel.com.