These Terms and Conditions apply to all Journeys operated by MegaDo, LLC d.b.a. Rudy Maxa’s Tours between January 1, 2019 and December 31, 2019, and for bookings for future years.
INCLUDED IN JOURNEYS
All accommodations, meals and fully guided sightseeing (including park and entrance fees) as noted in the itinerary; airport transfers to first hotel published city; services of MegaDo Tour Director or appropriate guide throughout the scheduled journey; coffee/tea/soft drinks/water at included meals; local wine and beer at all designated welcome and farewell dinners; bottled water during sightseeing; porterage of up to two (2) pieces of baggage; transportation throughout the scheduled journey via land, train or air, complimentary Internet access (where available and at land accommodations; service levels are not guaranteed); hotel taxes; and gratuities throughout.
NOT INCLUDED IN JOURNEYS
International and internal airfares, unless otherwise noted as included in your journey; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; meals other than those specified in the itinerary; room service; beverages other than those noted in inclusions above; sightseeing not included in the published itinerary; and personal expenses such as laundry, communication charges, Internet access for all trains; and optional activities (which are subject to availability).
MegaDo reserves the right to modify program itineraries, including arranged sightseeing, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond MegaDo’s control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
The hotels listed on the website or in the brochure are intended to be used on the journey; however, hotels are not guaranteed. MegaDo reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality or better to those shown. No refunds are provided for hotel changes; full cancellation penalties, apply.
Air-conditioning in hotels is not guaranteed and dependent upon local and national laws and regulations. Though hotels may have air-conditioning as a listed amenity, the usage of air-conditioning is often not available at night or in the off-seasons (October–May). Other restrictions may apply. MegaDo has no control over air-conditioning restrictions and regulations.
Accommodations outside the United States of America may not accommodate wheelchairs or be wheelchair accessible. The Americans with Disabilities Act is not applicable outside the United States of America. See the TRAVELERS WHO NEED SPECIAL ASSISTANCE ON JOURNEYS clause that follows.
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it can be arranged for an additional charge. Please ask MegaDO for details and prices. MegaDo does not guarantee that early check-in will be available at all locations, and as such is subject to availability.
ROOM UPGRADES/SPECIAL REQUESTS
Upgrades may be available on request at individual hotels. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that while every effort will be made to secure a special request, it cannot be guaranteed.
International airfare (to the journey starting point and from the ending point) is not included in program pricing. MegaDo has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically included and will be bought by MegaDo when the journey is purchased. In the instance where charter flights are used and seating is limited, MegaDo reserves the right to substitute and confirm air reservations on a suitable alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by MegaDo. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by MegaDO.
All air carriers are independent contractors and are not owned, managed, controlled or operated by MegaDo. Your airline ticket constitutes a contract between yourself and the airlines. MegaDo is not liable for, and does not assume responsibility or accept claims with regard to, seat assignments, name changes, schedule changes, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.
MegaDo provides porterage of up to two (2) pieces of baggage per person of up to 44lbs (20kg) per piece and dimensions not exceeding 30”x21”x11” (62” linear dimensions). If your journey includes a flight, note that additional bags and overweight bags may result in excess luggage charges and is your responsibility
Carry-on bags should not exceed the dimensions of 12″x11″x 6″. For safety reasons, wheeled carry-on bags are not suitable as hand luggage on motorcoaches, vans and SUVs. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and MegaDo assumes no liability for lost or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.
The minimum age is 10 years old unless noted on the itinerary and all children under age 18 must be accompanied by an adult who is either a parent, grandparent or guardian of the child. When a child is traveling with only one parent or with grandparents, signed notarized documentation shall be provided by the traveling parent/grandparent to MegaDo authorizing the travel of the child by the non-traveling parent/s. The traveling parent/grandparent shall carry this notarized copy with them throughout the duration of the journey. MegaDo reserves the right to marginally exceed the published maximum group size on journeys to accommodate a family.
ACTIVE ELEMENTS & CONDUCT
Some active elements have been incorporated into select itineraries. To enjoy the trips as intended, a minimum level of fitness is required. MegaDo will require prior notice if any participant has any physical or other condition or disability that would prevent them from participating in active elements of any trip and/or could create a hazard to him or herself or to other members of the group. The guest represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. MegaDo reserves the right to decline acceptance of anyone whom it considers unsuitable due to fitness level. MegaDo also reserves the right to remove from the trip, at the participant’s own expense, anyone whose physical condition or conduct negatively impacts the enjoyment of the other guests or disrupts the tour.
MEDICAL & HEALTH
MegaDo does not employ medical personnel. Any medical attention you require while traveling with MegaDo must be sought through a local medical facility, if/when available, for diagnosis. All related charges are at your expense. MegaDo cannot guarantee the availability of medical facilities or for the quality of the care or services.
MegaDo reserves the right to remove or quarantine any passenger who shows signs of illness, or who poses a threat to the safety and health of other passengers. Removal or quarantine of passengers for any health, safety, or behavior-related assessment is at the sole discretion of MegaDo. Any costs incurred for medical assessments, diagnosis and/or any other medically-related charges are your responsibility to pay and are due at time of services. Passengers will be allowed to rejoin MegaDo with confirmed medical certification from a licensed health practitioner indicating fit to travel without causing harm or posing a safety threat to other passengers.
TRAVELERS WHO NEED SPECIAL ASSISTANCE ON JOURNEYS
You must report to MegaDo any disability requiring special attention while on tour at the time the reservation is made. MegaDo will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. MegaDo does not provide personal services (such as pushing a wheelchair, assisting with walking, etc.) and MegaDo does not provide individual assistance to a journey participant for walking, dining, getting on and off coaches, cruise ships, and other vehicles, or other personal needs. A qualified and physically-able companion should accompany travelers who need such assistance.
If MegaDo are not notified at time of reservation of any disability requiring special attention, MegaDo reserves the right to cancel your booking or terminate your journey if your special needs or disabilities are not suitable for the journey, pose a threat to the health and safety of other participants or MegaDo staff, are incompatible with other travelers, or if you are not traveling with a companion who provides all the assistance you require. MegaDo will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the journey. Cancellation penalties apply.
Not all sightseeing stops/sites accommodate wheelchairs, and some locations and sightseeing activities require extensive standing, sitting, or walking—sometimes on unpaved or cobblestone streets. MegaDo will not refund or cover any cost or expense incurred for any missed activities due to a participant’s inability to fully participate with the group. The Americans with Disabilities Act is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. Most transportation services, including touring motorcoaches, vans, SUVs and cruise ships, are not equipped with wheelchair ramps. Although some of ships have elevators, many small ships do not. Passengers requiring ship elevators should inquire before making reservations.
Motorized scooters and motorized wheelchairs are not suitable for international travel and are not permitted on MegaDo tours. Other than on domestic (USA) journeys, arrangements cannot be made to carry or use these on tour or cruise, and if you bring one, you will be asked to make alternate arrangements for transporting the scooter to your end destination at your expense.
Dietary requests and preferences must be provided to MegaDo at the time of booking. Generally, special dietary or meal requests can be processed, but are subject to availability at the hotel or venue. There is no guarantee of availability, however, and there may be an additional charge associated with such request, which is payable by you at time of service.
PASSPORTS AND VISAS
It is the guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All guests are advised to check with the appropriate government authority to determine the necessary documents. A valid passport is required for U.S. citizens travelling to all international destinations. Passports must be valid for six (6) months after the return of your journey and should also have sufficient blank visa pages for entry and exit stamps. Many destinations also require a visa for U.S. citizens; this will be indicated in your Pre-Travel Documentation. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by MegaDo which result from improper documentation or noncompliance with applicable regulations.
PRICES AND ARRANGEMENTS
Quoted program prices are per person, double occupancy except where indicated. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of printing. MegaDo is under no obligation to give a breakdown in costs of any journey. Pre- and Post-Tour Extensions (if any) are only available to guests booked on related group journeys. Modification of program content to accommodate a smaller group size will not affect the published program price.
To reserve a place on one of the journeys you must provide us with a deposit of $500 per person. MegaDo accept MasterCard, Visa, and American Express for all tour payments. MegaDo also accepts personal checks, bank drafts or money orders in US dollars drawn on a US or Canadian bank. Your final payment is due in our office at least 60 days prior to the start of the tour, in one payment. Your final payment due date will be listed on your initial confirmation letter and invoice. Failure to make the final payment deadline may result in your being removed from the tour. If you sign up for a tour less than 60 days before its departure, the entire price must be paid, and is non-refundable after 7 days.
Cancellations must be received in writing and will become effective on the date of receipt or email. Cancellations received by MegaDo are subject to the following:
CANCELLATION FEES PER PERSON
For all journeys unless otherwise provided:
91 days prior to departure or more $500
90-61 days prior to departure — 50% of program price
60 days prior to departure or less — 100% of the program price
PARTIAL ROOM CANCELLATION:
If a guest cancels or leaves a journey and a roommate remains, an additional supplement may apply to the price for the remaining guest.
CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment (some exceptions may apply).
CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with Rudy Maxa Tours are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
CLAIMS AND REFUNDS
Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our Limits on MegaDo’s Responsibility clause below. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the local destination company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. MegaDo will not accept any liability for any claims that are not received within 30 days of the termination of your travel program.
PHOTOGRAPHY DURING TRAVEL
MegaDo reserves the right to take photographs and video during the operation of any journey or part thereof and to use them for promotional purposes during the journey and thereafter. By booking a journey with MegaDo, guests agree to allow their images to be used in such photographs and video. Guests who prefer that their images not be used are asked to identify themselves to their Journey Director at the beginning of their journey.
LIMITS ON MEGADO’S RESPONSIBILITY
MegaDo, its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated MegaDo companies). All such persons and entities are independent contractors. As a result, MegaDo is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, MegaDo is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, SCUBA diving, snorkeling, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any activity which MegaDo considers to carry inherent risk of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release MegaDO and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release MegaDo, whether known or unknown, from, and agree not to sue or make claim against MegaDo for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of MegaDo (but not its reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold MegaDo harmless with respect to any claim made against MegaDo by anyone else which (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.
It is the responsibility of the guest to become informed about the most current travel advisories by referring to the US State Department’s travel website at travel.state.gov or by phone at 888 407 4747. In the event of a State Department Travel Advisory against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory, the guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
Some government agencies in foreign countries require MegaDo to collect and pass on in advance of travel certain personal and other details related to you, including, but not limited to, government-issued identification and passport details. If you fail to supply the details fully and accurately, as requested, your trip may be interrupted or canceled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
MegaDo will use your personal data secured during your booking or during online check-in to process your booking with our suppliers. These details include your full name, address, date of birth, passport number / government issued ID information, and expiration date, occupation, credit/debit card information and any disability, medical conditions, or dietary restrictions disclosed to MegaDo for you and all in your traveling party.
It may be necessary to transfer these details to other countries or authorities whose data protection and privacy laws are less stringent than those of the United States of America or the European Union. This may include requirements to pass details to our suppliers as well as certain governments or government-appointed bodies, or agencies in the interest of security or because we are obliged to by law. By making a booking with MegaDo, you agree to MegaDo storing, using, and passing on this data to other third parties for reasons as stated above and hold MegaDo not liable for the usage and protection of that data.
Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on MegaDo ‘s Responsibility clause, to any MegaDo brochure, to any information regarding any MegaDo trip, service or package, or to any MegaDo -related trip, activity, service or package, shall be submitted exclusively to and resolved in binding arbitration in Minneapolis, Minnesota under the CPR International Non-administered Arbitration Rules (which can be found at cpradr.org), before a single arbitrator appointed by CPR. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees.
MegaDo reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by MegaDo to the website maxatours.com. Accordingly, guests should check the website maxatours.com prior to travel in order to ensure they are aware of any changes.
ACCEPTING THESE TERMS
BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR MAKING ANY PAYMENT TO MEGADO CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP’S BEHALF. IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW. IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.