BOOKING CONDITIONS USA
Optima Sport - Booking Conditions - USA
Your booking is with Optima Wear Limited, a company registered in England and Wales with company number 13332859, whose registered oﬃce is at 8 Adelaide Row, Seaham, County Durham, England, SR7 7EF (trading as “Optima Sport”) (we, us, the Company). In these booking conditions you, your and client mean the person making a booking with us and all members of their party.
(a) A booking will exist as soon as we issue our conﬁrmation. Your booking is made on the terms of these booking conditions. Before making a booking with us you must ensure that you have read and understood these terms (and ask any questions you may have). Please be aware that these terms contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the terms laid out below and acknowledging that you have read the terms and agree to be bound by them. When you make a booking, you are financially responsible for the entire booking and you guarantee that you have the authority to accept and do accept, on behalf of your party if applicable, the terms of these booking conditions. You agree that you are responsible to share these terms with all the members of your party. We will not be liable for your failure to share these terms with all members of your party. We reserve the right to decline any booking at our discretion.
(b) Please note that the tour is not generally suitable for persons with reduced mobility. It is your responsibility to let us know, at the time of booking (or as soon you become aware) whether extra assistance is required for any disability you or another member of your party may have or if there are any special requests. Please note that we will communicate special requests that are reasonable but cannot guarantee this, especially where it is outside of our control. In particular, special requests such as a hotel room in a low ﬂoor are not able to be guaranteed unless you have speciﬁcally booked the type of room in question. Any accommodations provided will be at the sole expense of the client requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to clients with limited mobility and all such assistance will need to be provided by whoever the client is traveling with. Clients with disabilities must notify us at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
(c) We strongly recommend that that you and all members of your party are adequately insured. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a client is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
(d) COVID 19 WAIVER. By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Optima Sport.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on us to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Optima Sport has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, we shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Optima Sport, its members, officers, agents, and/or employees, and suppliers (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
(a) When you make your booking, you must pay a deposit of 30% of the total cost, together with any other items which we require to be paid in advance – these will be clearly stated at the time of booking. The balance must be paid at least 8 weeks before the date your tour commences. If the deposit and/or balance is not paid in time, we shall cancel your booking. If the balance is not paid on time we shall retain your deposit.
(b) We reserve the right to alter the prices of any of any tour shown in our brochure or website. You will be advised of the current price of the tour that you wish to book before your booking is conﬁrmed.
(c) While we do accept major credit cards including Visa, Mastercard, American Express and Discover, you must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. We retain the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Optima Sport or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
3. If You Cancel
You, or any member of your party, may cancel your booking at any time. Written notification from you or the person who made the booking on your behalf must be received at our oﬃces. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions. Suppliers may choose to provide a travel voucher or credit in lieu of refund. Our obligation to make any refund or provide any travel voucher or credit to you is subject to our receipt of the same from the supplier. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as follows:
Period before commencement of tour when you notify us:
- Prior to 56 days - Deposit (together with any non-refundable supplier costs we incur)
- Between 56 and 28 days - 65% of tour cost (together with any non-refundable supplier costs we incur)
- Less than 28 days - 100% of tour cost (together with any non-refundable supplier costs we incur)
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
4. If You Change Your Booking
If, after our conﬁrmation invoice has been issued, you wish to change your booking in any way, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £50 per booking, and any further cost we incur in making the alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. NO REFUND FOR UNUSED ARRANGEMENTS. As our prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.
6. Non-Operation of Group Tours
All tours are based on a minimum number of participants. Optima Sport makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of Optima Sport. In such case, guests will be advised at least 45 days prior to departure. We reserve the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and we will not be liable for the carrier’s refusal to make any refund whatsoever. In such case we will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by you in anticipation of the tour.
7. If We Cancel Your Booking
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. You are responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, we and our suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing Tours may be altered as described above. We cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the client. Normal cancellation penalties still apply to the tour that has been changed.
8. Force Majeure
Optima Sport 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, hurricane, 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 Optima Sport that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Optima Sport.
Optima Sport, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Optima Sport is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Optima Sport does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Optima Sport. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all clients agree that neither Optima Sport, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour client or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Optima Sport. Optima Sport assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any client that may result from any act or omission on the part of others; Optima Sport assumes no responsibility or liability for personal property; and Optima Sport shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Optima Sport accepts no responsibility for lost or stolen items. Optima Sport reserves the right to refuse any client or potential client at its sole discretion.
10. Assumption of Risk/Waiver
Client is aware that travel such area as Client is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other Clients, Optima Sport and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, Client is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Optima Sport and agrees to and shall hold harmless and fully release Optima Sport, its owners, members, agents, and assigns (together Optima Sport) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Optima Sport and Client hereby covenant not to sue Optima Sport for any such claims or join any lawsuit or action that is suing Optima Sport. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Client agrees to and shall indemnify and hold harmless Optima Sport, and each of our officers, directors, employees and agents (collectively “Optima Sport”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Optima Sport (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by client while participating in the trip.
If you have a complaint about any of the services included in your tour, you must inform our representative without undue delay who will endeavour to put things right.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Optima Wear Limited, 8 Adelaide Row, Seaham, County Durham, England, SR7 7EF, email address firstname.lastname@example.org, giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may aﬀect your rights under this booking.
13. Additional assistance
If you are in diﬃculty whilst on the tour and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and help you to ﬁnd alternative arrangements and any necessary phone calls/emails. You must pay any cost we incur.
14. Passport, Visa, Immigration and Vaccination Requirements
Your speciﬁc passport and visa requirements, and other immigration and vaccination requirements are your responsibility and you should conﬁrm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or vaccination requirements.
Third party excursions, events or other tours that you may choose to book or pay for whilst you are on the tour are not part of your package provided by us. For any such excursion, event or other tour that you book, your contract will be with the operator of the excursion, event or tour and not with us. We are not responsible for the provision of the excursion, event or tour or for anything that happens during the course of its provision by the operator.
16. Law and Jurisdiction/Wavier of Class Action/Limitation of Damages/Notice
This booking is made on the terms of these booking conditions, which are governed by United States Law, and we both agree to the exclusive jurisdiction of a court of competent jurisdiction in the United States to settle any dispute. No verbal representations made by us shall be relied upon by you. You agree that you will only bring claims against us in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. We shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against us unless you have first provided a typewritten notice of claim to us within 28 days after the tour or cancellation of the trip.
OTHER IMPORTANT INFORMATION
18. Waiver of Liability and Release Form - All players must sign the Optima Sports waiver and release form to conﬁrm with United State Law. It is a requirement of all teams that they have their own form of injury insurance for full cover whilst on the tour.
19. Health - Except as disclosed to us in writing , you conﬁrm that you are in good mental and physical health and are unaware of any reason why you may be particularly unsuited to taking part in the activity and/or service agreed upon or may be likely to suﬀer illness or injury during the activity and/or service. Failure to disclose any information that is required at the point of booking may result in the Company terminating the contract or withdrawing you from the activity and or service on the grounds of incorrect information. You will not be entitled to any refund of payments made in these circumstances.
20. Health Regulations - We advise all customers to check what the latest health requirements are for travel to their chosen destination and to ensure that they are ﬁt enough to participate in any event, excursion or other tour they may take part in. Certain events may require participants to undertake anti-doping procedures. You must be willing to adhere to this condition, otherwise your participation may be barred
21. Coach Travel - You are responsible for meeting the coach at the times speciﬁed in your itinerary or as advised by our representatives. In the event that you are late, we will not be responsible for any costs incurred by you if the coach has departed. Should this result in your late arrival at an event, then we are not liable to you or anyone else in the group, if this does not proceed or you are excluded. You may be refused any form of transportation if you behave in a disruptive manner or are considered to be under the inﬂuence of alcohol or any illegal substance. Although every eﬀort is made to ensure that the facilities quoted for coach travel are present and in working order prior to departure, we cannot accept responsibility for the mechanical failure or omission of this equipment before or during the tour. Smoking is prohibited onboard at all times.
22. Hotel Check In/Check Out - The standard international practice is to let rooms from mid-afternoon on the day of arrival until mid-morning of the day of departure. Occasionally when you arrive at your accommodation, you may have to wait a short while until your room is ready. Similarly, if you have a ﬂight later in the day, you may be required to check out of your hotel room earlier in the day.
23. Behaviour - The lead name/group leader and any other adults in the group shall at all times: (i) act ‘in loco parentis’ for their group and, in particular, in regard to any minors in the group (ii) ensure that the party reaches any departure points on time (iii) ensure that all people in the booking comply with any and all Covid-19 requirements during the tour (iv) ensure that the group is and will be adequately supervised (v) ensure that the correct ratio of responsible adults will be on active duty at all times to ensure that all persons in the booking behave appropriately (vi) ensure that the group takes into account their personal safety whilst in destination so as not to put themselves or others at unnecessary risk including, without limitation, ensuring that the group members: (a) take care when out during the hours of darkness (b) do not go out alone (c) do not put themselves in risky situations (d) are not intoxicated or under the inﬂuence of any other illegal or dangerous substances and, in any event, shall not permit anyone under the age of 18 years of age to consume alcoholic drinks, and (e) are aware of their behaviour and actions in the context of their surroundings. (vii) ensure that ensure that no members of the group smoke in any smoke-free places or behave in any other way which may cause a ﬁre hazard (viii) ensure that the group wears seat belts provided for any journeys by coach, and (ix) ensure that the group or any members of the group comply with all relevant laws. All people travelling with us must abide by any rules, regulations and safety guidelines as may be required by their accommodation, travel and activity providers, including regulations regarding the supervision of children. Any accidents, incidents or injuries that occur on tour must be reported to us in writing as soon as possible, and no later than within 7 days of the event, even if you do not intend to make a claim. We shall be entitled to recover from you, at our sole discretion, the cost of any damages or loss caused by you including, without limitation, the cost of repairs, to our satisfaction and that of our suppliers. Your group must undertake to behave with and in such a manner as not to damage our reputation or the reputation of any of our suppliers or any other person.
We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may incur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.
The Company may require an individual or number of persons to leave the tour if they believe that his/ her/their health and safety are at risk, if an illegal act has been committed or the person(s) has behaved in a way as to endanger the safety, welfare or enjoyment of the tour as a whole. In the event of this action the person(s) involved shall not be entitled to any refund and will be required to meet all expenses involved in their immediate extraction.
We employ a “zero-tolerance” policy. Anyone who is guilty of aggressive behaviour, bullying towards others or makes any racist or other discriminatory comments may be asked to leave the tour. You will not be entitled to any refund of payments made in these circumstances.
24. General - This contract is personal to you and is not capable of transfer or assignment without prior written consent of the Company. Costs for changing participants can be charged at the discretion of the Company. The Company may sub-contract elements of our obligations under this contract.
25. Entire Agreement Severability: This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Optima Sport. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
26. Changes. Optima Sport reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the terms and conditions constitutes your consent to the changes.