Terms & Conditions
Please read the following agreement thoroughly before booking a trip with Cherish Tours LLC. You will receive a separate Liability Waiver and Payment Agreement for signature, however the below stands as a legally binding agreement.
1. BOOKING CONTRACT
All bookings are made with Cherish Tours LLC, a Georgia limited liability company ("Cherish”, “Cherish Tours”, “Tour Company,” "we," or "us").
Please read these terms and conditions carefully. When you purchase any product or book any trip with Cherish, you acknowledge that you: i) have read and understand these terms and conditions and any other Cherish policies in effect, and ii) accept and agree to these terms and conditions and other applicable Cherish policies. The terms and conditions set forth below constitute the entire understanding and agreement between you the tour participant (“participant,” “traveler,” “you,” or “I”) and Cherish, with respect to any and all bookings, tours, or transactions made with us and to any and all services, products, and tours organized, arranged, or provided by us (collectively referred to as “trip” herein; “trip” may also be used to refer to only the trip component of our services). If you have confirmed a booking on any Cherish trip or product with more than one traveler named on such booking, you shall be deemed to have accepted these terms and conditions on behalf of all travelers named in the booking.
Cherish is acting at all times as an independent contractor for all suppliers who provide your transportation, accommodations, activities, and other services in connection with your tour. Cherish does not own, operate, or control any of the suppliers of service that provide accommodations, meals, transportation, sightseeing activities, or other goods and services connected with your tour. These suppliers are responsible for their performance. Cherish and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents and assignees are not liable for any negligence, willful act, financial insolvency, or default of any supplier or any third party. Cherish does not have any special knowledge about its supplier’s financial condition. A supplier’s goods and services are subject to the supplier’s own terms and conditions and liability waivers, as well as local laws and regulations.
3. VALIDITY & PRICING
We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
All discounts and any reduced pricing and/or promotional benefits are applied at the Tour Company’s sole discretion. From time-to-time, Cherish may offer special discounts or early bird pricing on select trips. If you have previously cancelled a booking for a trip, you may not be entitled to re-book on the same or any similar trip with any promotion or discount applied.
4. TRAVELER INFORMATION
In order for us to confirm your travel arrangements, you must provide all requested details at the time of booking. Necessary details include full name as per passport, date of birth, nationality, and any pre-existing medical conditions or allergies you have which may affect your ability to complete your travel arrangements without limitation. We may also request to see a copy of your passport before or during the trip.
The information required from each traveler will vary by trip, which will be communicated during the booking process. If all requested information is not provided at time of booking, Cherish maintains the right to cancel your trip and assign your spot to the next eligible traveler on the Waitlist without any refund owed to you.
5. FITNESS FOR TRIP, MEDICAL CONDITIONS & SPECIAL REQUIREMENTS
By booking a trip with us, you represent that you do not have any illness, physical or other conditions that would create a hazard for you or other travelers or affect other people’s enjoyment of the trip. Cherish cannot guarantee the condition or availability of medical facilities in the countries in which our trips are run, which may involve visiting remote or less developed regions. Therefore, it is the responsibility of the traveler to consult their physician regarding any medical conditions prior to booking a Cherish tour.
Participants should check with consulates for the latest health requirements. Participants must bring their own medications, insect repellent or other recommended prescribed drugs, including but not limited to allergy medication (e.g., EpiPen).
If you have a special need, let us know at the time of booking. We may require a medical certificate if you have a special condition that may impact your ability to take one of our trips. We will make reasonable efforts to convey any dietary restrictions to your tour guides and certain service providers. However, given the nature of our tours and the fact that we do not operate or manage our suppliers, we cannot guarantee that any dietary needs or restrictions can be accommodated. Cherish is not liable for any failure to accommodate or fulfill any special requests or special needs. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions about your dietary needs and restrictions while traveling.
Our suppliers reserve the right to conduct common travel industry health screenings (e.g., forehead temperature readings, questionnaires, and checks for observable signs and symptoms) and refuse travel to symptomatic or likely symptomatic travelers. If necessary, our suppliers, and/or government or health officials, also reserve the right to quarantine travelers with symptoms of infectious diseases aboard confined modes of transport such as ships, trains, etc.
We reserve the right in our sole discretion to accept, decline or remove anyone from a tour (at or prior to departure or during the tour) if we deem their continuation of the trip to be harmful or dangerous to themselves or other trip participants.
6. BOOKING CONFIRMATION
Your booking is not finalized until you receive a confirmation email. Please refer to your booking confirmation invoice for details regarding final payments. For international trips, payment of the balance of the trip price is due 60 days before the departure date.
We reserve the right to treat any reservation that is not fully paid according to the booking and payment terms as a cancellation and subject to the cancellation terms below.
If a trip is sold out, you may add yourself to the Waitlist by requesting so through email. If a spot becomes available, you will be notified by email. You will have 48 hours from when we send the email to accept the spot on the trip and pay the deposit, or it will be offered to the next person on the Waitlist.
8. DEPOSIT REQUIREMENTS
You are required to pay a non-refundable deposit before Cherish will review and confirm your booking request (“Deposit”). The Deposit amount is specific to each trip, and is provided on the trip booking page. Regardless of the deposit amount, you agree to adhere to the following payment schedule when booking trips within 60 days of a trip start date:
60 Days Prior to Trip ……….. 100% of the base price Trip Cost Due
30 Days Prior to Trip ……….. 100% of the base price Trip Cost Due
The deposit is non-refundable at time of booking. The remainder of the trip cost is due at 60 Days Prior to Trip. 50% of which is refundable if a cancellation needs to be made. Any cancellations made within 30 Days Prior to Trip are non-refundable.
9. PAYMENT SCHEDULE & REQUIREMENTS
Cherish is not responsible for any charges levied or charged by third parties and/or financial institutions as a result of credit card or other payment transactions related to the purchase of Cherish trips or products. Those fees are your responsibility; we will not refund or return those fees.
If you fail to make a payment by the payment due date, we shall be entitled in our discretion to treat the missed payment as a breach of contract, cancel your reservation, and impose the cancellation fees specified in this agreement. We also retain the right to assign your spot to the next eligible traveler on the Waitlist without any refund to you.
10. CREDIT/DEBIT CARD CHARGEBACK POLICY
By agreeing to these terms or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide this agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.
11. CANCELLATION BY TRAVELER
A cancellation will only be effective when we receive written confirmation of the cancellation from you by email to us at [email@example.com]. Cancellation by any other means, including social media comments, are not considered by us and do not constitute a cancellation. Cancellations are only valid upon receipt of cancellation from Cherish to your email on file. If you cancel a trip, you will be responsible for the below amounts based on the date we receive your written confirmation of cancellation.
All deposits paid are non-refundable at time of booking.
61 days or more days before departure: Cherish Tours retains full deposit amount. Any additional trip costs paid are fully refundable.
60-31 days before departure: Cherish Tours retains full deposit amount. Any additional trip costs paid are 50% refundable or given as travel credit.
30 days or less before departure: No refund possible
No refund is due if a traveler fails to join a tour, joins it after departure, or leaves it prior to its completion for any reason. There will be no refunds for unused services after a tour has commenced. Any and all “add ons” are required to be paid in full prior to participating in the “add on” activity. This includes but is not limited to: excursions, classes, hired tour guides, private dinners, etc.
If you fail to make a payment by the payment due date, no refund will be due to the traveler for a cancellation as this will be deemed a breach of contract. If the total amount paid to Cherish is less than the non-refundable amount at the time of cancellation, the traveler will be obliged to pay an additional fee to Cherish to cover unrecoverable costs.
There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies or any other circumstances beyond our control. This means that even if you cancel because of medical issues, virus, sickness, quarantine, travel restrictions/warnings, fear of traveling or any other reason, your booking will be subject to this cancellation and refund policy. For this reason, we require that you secure travel insurance in order to participate on a trip.
We cannot provide refunds for any unused portion of your trip if you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for infectious disease. Moreover, we will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during your tour, if a third party refuses services (e.g., lodging or transport), if you show symptoms of or test positive for infectious disease or illness before, after or during your trip. For example, we will not be liable to you if are infected with a virus such as coronavirus at a hotel that we book for you, if you are refused service at a hotel if you show symptoms of a communicable illness such as a cough or fever, if you are unable to board a plane to your destination or return home from your destination because you show symptoms of an illness, if a government or municipality denies entry, if you are required to self-quarantine, and so forth.
12. CANCELLATION AND CHANGES BY CHERISH TOURS
Cherish Tours reserves the right to cancel, alter or postpone a trip without prior notice at any time prior to departure or after a tour commences for the safety and/or comfort of travelers, or if is not viable for us to operate the planned itinerary, and for circumstances of Force Majeure. Cherish will not be responsible or liable for deposits, payments, incidental expenses, policies or penalties for other services not included in the tour price, such as airline tickets, separate hotel reservations or other items (such as other tours or cruises) handled by participants not through Cherish. Please refer to your required travel insurance policy for further details regarding expenses covered by your insurance carrier.
If a trip is cancelled due to reasons within Cherish Tours’ control and not for reasons due to Force Majeure, we can offer you the following choices:
1. Travel credit equal to the trip cost that you have paid.
2. A refund equal to the trip cost that you have paid.
You understand and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities that will be included, but it is not a guarantee. While Cherish Tours will do its best to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary by Cherish Tours, in its sole discretion. The route, schedules, itineraries, amenities, restaurants, hotels, and mode of transport may be subject to alteration without prior notice due to availability issues, local circumstances, weather, or other unpredictable and unforeseen circumstances beyond the control of Cherish Tours.
ADDITIONAL INFORMATION REGARDING FORCE MAJEURE
Cherish Tours will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of nature and/or God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemics, epidemics, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), government intervention of any kind including those that affect domestic and/or international travel, border closings, border limitations, border restrictions, weather conditions, and other unforeseen circumstances.
If Force Majeure prevents, significantly hinders, renders it difficult, makes it commercially impractical, or makes it impossible for us or our suppliers to provide the services including but not limited to your trip, we and our suppliers shall be entitled to, and may in our complete and sole discretion, vary, delay, postpone, reschedule, alter, or cancel any itinerary or arrangement in relation to the tour, including the entire tour itself.
Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the tour.
If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.
13. INCLUSIONS & EXCLUSIONS
The transportation, accommodations, activities, meals, and drinks provided by Cherish Tours are specific to each trip and are listed on the trip booking page. Anything not expressly listed as included on the trip booking is not covered by Cherish Tours and is the financial responsibility of the traveler. In addition, our trips do not include international flights, visa and passport fees, vaccinations, travel insurance, optional activities, or other personal expenses.
14. OPTIONAL ACTIVITIES & SUPPLEMENTALS
Cherish Tours offers optional activities and other supplemental charges (e.g., single room upgrade, classes, hired personal tour guides), which are specific to each trip and departure date. Cherish Tours will review all optional and supplemental requests, and will provide final approval once we confirm availability.
Optional activities and supplementals that are not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. In addition, Cherish Tours reserves the right to cancel or modify optional activities and supplementals based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an optional activity or supplemental, Cherish Tours will provide the traveler with a full refund. Cherish Tours will not be liable to you for any losses associated with any changes to or cancellations of optional activities or supplementals.
16. PASSPORTS, VISAS, AND OTHER TRAVEL DOCUMENTATION
You must carry a valid passport and have obtained all of the required visas, permits, certificates, proof of vaccinations, and other travel documentation for all the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you satisfy all entry requirements and that you are in possession of the correct visas, permits and certificates for your trip and that all of the information on those documents are accurate. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You are solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country.
17. PRE-DEPARTURE DOCUMENTATION
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 10 days of your receipt of those documents. This agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit these and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
18. AIRLINE DELAYS, MODIFICATIONS, AND CANCELLATIONS
Cherish Tours cannot be liable for mistakes or errors in airfare bookings made by the traveler or any independent third parties. Cherish Tours will provide detailed trip arrival and departure requirements via email once the traveler is confirmed and the trip’s flights are “green lighted.” It is up to the traveler to ensure the correct arrival and departure flight information from the tour start and end cities. In addition, you are responsible for adhering to baggage allowances and other airline-specific guidelines. Any airline charges are the financial responsibility of the traveler.
Cherish Tours is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. Cherish Tours will not reimburse travelers for any additional expenses incurred as a result of such events or delays.
20. TRAVELER RESPONSIBILITIES DURING TOUR
It is your responsibility to be ready to leave at the departure city at the specified day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include, but are not limited to, strictly complying with all local laws, including virus/sickness/illness mitigation measures including but not limited to social distancing and testing requirements, respecting customs and culture, adequately assessing your abilities, and, if on a guided tour, following the suggestions and advice of the guide.
21. CLAIMS & COMPLAINTS
If you have a complaint about your trip, you agree to inform your trip leader or our Support Team immediately so that they can attempt to rectify the matter. Cherish Tours assumes no liability for complaints that are not properly brought to the attention of the trip leader or the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a trip must be received via email within 10 days from the end of the trip. Traveler acknowledges and agrees that Cherish has no obligation to respond to or address any claims received after this period.
22. AUTHORITY ON TOURS
Cherish trips are run by a trip leader. The decision of the trip leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a trip leader or interfere with the well-being or mobility of the group, the trip leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips, even if they are already booked. In addition, you agree to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited, as well as in accordance with our responsible travel guidelines.
23. LIMITATION OF REMEDIES
You agree that the sole remedy for any default by Cherish arising under this agreement shall be the return of the paid tour cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Cherish Tours shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Cherish has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
24. SUCCESSORS AND ASSIGNS
This agreement shall inure to the benefit of and be binding upon Cherish Tours and you and your respective heirs, legal and personal representatives, successors and assigns.
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
26. IMAGES RELEASE & MARKETING
You agree that Cherish may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides, trip leaders and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your trip leader in writing before the start of the trip.
27. APPLICABLE LAW
All Cherish trips, products, bookings and reservations (including but not limited to those made online), policies, and terms and conditions are subject to the laws of the State of Georgia, and all travelers submit to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia, United States for the resolution of any dispute under these terms and conditions or concerning Cherish Tours LLC.
28. AMENDMENTS TO TERMS & CONDITIONS
Cherish reserves the right to update and/or alter these terms and conditions at any time, and shall post the amended terms and conditions on the Cherish website. Any such amendment shall take effect immediately upon being posted to the Cherish website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail. Your continued use of the services, participation on one of our trips, or use of the Cherish website constitutes acceptance of any amendments that we make to these Terms. The latest terms and conditions, as amended, may be accessed any time on Cherish website, and can be sent upon their written request via email to firstname.lastname@example.org. All travelers and Cherish customers shall be deemed to have accepted any amendments to these terms and conditions on the date that is 7 days after their posting on the Cherish website.
29. REFUSAL OF SERVICE
Cherish Tours retains the right to refuse service to any traveler or potential client at any time, for any lawful reason, in its sole discretion.
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me.
KNOWING AND VOLUNTARY EXECUTION: I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all of its terms and conditions. I understand that I am giving up substantial rights by accepting the terms of this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement prior to accepting it.
Please keep a copy for your records.