21. ITINERARY MODIFICATIONS/OUR RIGHT TO CANCEL:
We will make every reasonable effort to operate the Trips as advertised; however, we and Tour Operator reserve the right to curtail or modify the Trip Itinerary, including, but not limited to curtailment or modification of Activities, hotels, meals, transportation, and Experts, as we deem necessary. Please also note that during certain holidays and peak periods or due to repairs or renovations, some Activities may be disrupted or unavailable. Deviations from planned Trip itineraries or any aspects of the travel may occur. We and Tour Operator further reserve the right to reduce the number of Experts, and to modify other services to accommodate a smaller group, if a minimum number of guests is not reached. None of these modifications or changes shall affect the Trip Price or entitle you to any credit or refund.
We shall also have the right, in our sole and absolute discretion, including, but not limited to prior disputed or suspected fraudulent payment transactions, to cancel from time to time any and all reservations, in whole or in part, and, in cases where we have received a valid and confirmed payment, we will provide a full refund.
We reserve the right to cancel any Trip because of inadequate enrollment that makes the Trip economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the Guests. If we cancel a Trip prior to departure, the Guest will be provided with a full refund of monies paid.
If a Guest elects to leave a Trip in progress of their own volition, the Guest will not receive any type of refund. If we or the Tour Operator cancels the Trip in progress and the Guest elects not to immediately return to his/her original point of departure for the Trip, or if the Guest elects to leave a Trip in progress of their own volition, the Guest acknowledges and agrees that (i) the Guest shall be solely responsible for Guest’s travel plans once Guest departs the Trip, (ii) neither we nor the Tour Operator shall have any responsibility for or control over your safety or activities once you depart the Trip, and (iii) you will be solely responsible for any and all costs that may arise out of the your decision to not return to your original point of departure from the cancelled Trip in progress. Except as outlined above when we cancel a Trip, you will have full responsibility for any expenses, including any nonrefundable expenses, incurred by you in preparing for a cancelled Trip or for any additional arrangements should you embark prior to the scheduled group departure date.
We reserve the right to cancel a Trip for any reason, provided we notify you in writing within 7 days after the cancellation occurs, but no later than 10 days before the scheduled departure date. A full refund will be made within 14 days after such cancellation. We will not cancel a Trip less than 10 days before departure, except for circumstances that make it physically impossible to perform the Trip. If such a circumstance occurs, we will notify you as soon as possible; and if the Trip is canceled, we will refund all monies within 14 days. If we make a pre-departure “Major Change” to a trip, you may cancel within 7 days of notice, or up to departure, whichever is earlier, and receive a full refund within 14 days after your decision to cancel. Only the following constitute “Major Changes:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the Air Carrier, although a date change that we know of more than 2 days before the scheduled flight date or a delay of longer than 48 hours will always be considered a “Major Change;” (ii) a change in the origin or destination city of each flight leg, unless the change affects only the order in which cities named in the itinerary are visited; (iii) a substitution of any hotel or alternate hotel that is not named in the itinerary; or (iv) a price increase of more than 10 percent occurring 10 or more days before departure. If a “Major Change” occurs, we will notify you within 7 days after learning of the change but at least 10 days before the scheduled departure. If we first know of the “Major Change” less than 10 days before departure, we will notify you as soon as possible. If a “Major Change” which you are unwilling to accept occurs after your initial outbound flight has been completed, we will refund, within 14 days after your scheduled return day, that portion of your payment which applies to the service not provided. Your rights and remedies set forth herein, including the procedures for major changes, shall be in addition to any other rights or remedies available under applicable law, provided your receipt of a refund constitutes a waiver of such additional rights and remedies.