Terms and Conditions

The following Terms and Conditions apply to all travel and travel related Services offered for sale by TOKOPH TRAVELS, LLC and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “TOKOPH TRAVELS”, “we,” or “us”).

All bookings of Tours are subject to the Terms and Conditions of the Supplier of the Service(s) incorporated in a Tour. By placing an order with TOKOPH TRAVELS, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of TOKOPH TRAVELS, TOKOPH TRAVELS will control all issues relating to the liabilities and responsibilities of TOKOPH TRAVELS .

These Terms and Conditions contain penalties for cancellation as well as certain limitations of liability. Please read these Terms and Conditions carefully, ask us any questions you have about them and/or consult an attorney before you agree to be bound by them. Guest acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by:

• Clicking the online box labeled “I accept” during online booking, or,
• Digitally signing required documents, or,
• Printing, signing, and sending back to us required documents.

Booking with TOKOPH TRAVELS is not possible without your acceptance to these Terms and Conditions.

DEFINITIONS

• This TOKOPH TRAVELS Guest Agreement and its terms and conditions are herein referred to as these “Terms and Conditions” or this “Agreement”.
• The term “Service(s)” as used herein encompasses travel planning and consultation, passage on trains, buses, cruises, charters, and other water vessels, tours, leisure or adventure activities, hotels rooms, resorts, or other lodgings, air travel, spa services, equipment rentals, expeditions, restaurants or meal services.
• The term “Tour” is defined as any Service, or package of Services, offered or sold by TOKOPH TRAVELS.
• “Supplier” or “Vendor” refers to any provider of the Services we purchase.
• “Itinerary” refers to the particularized schedule for a Tour as described in the Tour overview on our website
• References herein to “Guest,” “Client,” or “you” shall apply to each and any of the following: a party participating in an offered Tour and/or the party who purchases (or attempts to purchase) a Tour for themselves and/or others.

ELIGIBILITY

The Services offered by TOKOPH TRAVELS are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so.

No minors (those under 18 years of age) will be accepted. The Guest who submits a Tour reservation for others must be over the age of 18 to purchase a Tour and agree to these Terms and Conditions.

The Services are also available for purchase by international Guests, as long as they recognize that this is U.S. business operated under U.S. laws. Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, below, et sec.

MODIFICATION OF OUR TERMS AND CONDITIONS

Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Tours booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you booked a Tour with TOKOPH TRAVELS or reviewed our Terms and Conditions.

PRICING

Our prices are contractual tariffs. No claim relating to the price of the Tour will be considered once the reservation has become effective. Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price:

• items of a personal nature such as incidentals and laundry
• excess baggage charges
• port fees
• resort fees
• foreign government departure taxes
• costs of Passports or Visas
• inspection fees
• customs fees
• immigration and naturalization fees
• service fees
• travel insurance including health, accidents, lost baggage, and trip cancellation
• airfare (unless otherwise provided with a tour)
• airport parking
• tips and gratuities
• any other activities or items not explicitly advertised as included in the price of a Tour in the description of the offered Tour

All pricing featured on our website and in brochures are current at the time of publication and are subject to change without notice. Furthermore, TOKOPH TRAVELS Itineraries, pricing, policies, and procedures are constantly evolving. TOKOPH TRAVELS strives to ensure all information listed is correct at the time of publication. However, any information contained herein, including but not limited to pricing, is subject to change without notice, and TOKOPH TRAVELS reserves the right to refuse to honor any prices that were erroneously printed or quoted. TOKOPH TRAVELS is not responsible for any misprints appearing in any online and/or printed media. All rates are subject to Fuel Supplement Charges and Currency Rate fluctuations at any time before or after final payment.

PRICING BASED ON DOUBLE OCCUPANCY

Our Tour fares are per person, based on two people occupying a room or cabin (unless otherwise noted). If you prefer single accommodations, and if they are available, most Tours have supplemental rates for single travelers, so refer to the Tour overview on our website or contact us for clarification.

“Double Occupancy” vs. “Single Occupancy”: Tours are priced per person, double occupancy, which assumes there are two people traveling together and staying in the same room with 2 separate beds. If you’re traveling alone, you will be charged a single-room supplement that can add hundreds of dollars. You can avoid the charge by agreeing to room with another group member. The number of Single Rooms is very limited for every tour. For example: a tour with a limit of 12 travelers may only allow 2 to 3 single room supplements. The rest will be double occupancy.

DISCOUNTS

Promotions, coupons and/or discounts offered by cruise lines/resorts, travel agents, and other Suppliers do not apply to TOKOPH TRAVELS. Additionally, all accepted promotions, discounts and coupons offered by TOKOPH TRAVELS apply only to the qualifying Guest(s).

PAYMENTS & CANCELLATION CHARGES

A per Guest deposit of the total Tour Cost is due at time of booking based on the following schedule. Payments accepted by TOKOPH TRAVELS are credit/debit cards: Visa, MasterCard, AMEX, Discover plus PayPal, Apple Pay, Google Pay, and Affirm.

Deposit Deadlines, Balance Due, and Cancellation Charges are as follows, unless otherwise noted on the Tour overview page on our website.

Deposits and Payments for all TOKOPH TRAVELS Tours

A minimum deposit of 20% is due 180 Days (6 months) Before Scheduled Departure. This will also be the deadline to book a Tour. The minimum deposit is non-refundable after the deposit deadline. Longer term payment plans require less than 20% deposit. In the event of a cancellation, 20% of the total cost of a tour is non-refundable. In the event that there are not enough booked for the Tour, the Tour will be cancelled, and deposits refunded.

Each booked Guest may choose from several payment options. Your Tour MUST be Paid in Full a minimum of 60 days before departure. Deadlines will be noted on the Tour overview page on our website. Invoices will be sent to a guest’s registered email 7 days before payment is due. Failure to pay within 7 days of invoice may result in a forfeiture of all monies paid and removal from the tour. Contact us as soon as possible if you have issues with paying on time. If no payment is made within 3 days past the due date, all monies paid to date are forfeited and you are removed from the tour.

Cancellation Charges for all TOKOPH TRAVELS Tours

THE MINIMUM 20% DEPOSITS ARE NON-REFUNDABLE AFTER THE DEPOSIT DEADLINE.

We must pay a 3% processing fee for all transactions. This fee will be withheld from all refunds.

Cancellation Charges (Days Before Scheduled Departure*)

• 180 to 150 Days* – 10% of total tour cost + 20% non-refundable Deposit + 3% processing fee.
• From 149 to 120 Days* – 25% of total tour cost + 20% non-refundable Deposit + 3% processing fee.
• From 119 to 90 Days* – 50% of total tour cost + 20% non-refundable Deposit + 3% processing fee.
• From 89 to 60 Days* – 75% of total tour cost + 20% non-refundable Deposit + 3% processing fee.
• From 59 to 0 Days* – 100% of total paid.

Percentages apply to the total cost of the Tour. The above chart represents our standard cancellation fees. However, some of our promotions are non- refundable and will be specifically noted on our website.

*“Scheduled Departure” refers to the advertised departure date for a scheduled Tour. A Scheduled Departure date being postponed due to forces outside of the control of TOKOPH TRAVELS does not reset these Payment and Cancellation Charge schedules. Payment and Cancellation Charges will apply as measured from the originally scheduled departure date, not the postponed date on which your Tour actually departs. Therefore, regardless of the date of actual departure, for all Tours postponed or otherwise delayed due to forces outside of the control of TOKOPH TRAVELS, full cancellation charges will apply to any cancellations less than 60 days before the originally scheduled departure date, etc.

CANCELLATIONS AND/OR ALTERATIONS ATTRIBUTABLE TO TOKOPH TRAVELS SUPPLIERS, OR FORCE MAJEURE

Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, pandemic, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), we might need to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation.

TOKOPH TRAVELS reserves the right to adjust the Itinerary or change the modes of ground, sea, and air travel, change the quality of accommodations, or otherwise change the Tour without prior notice. We accept no liability for loss of enjoyment as a result of these changes. TOKOPH TRAVELS will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible.

Any additional charges incurred arising from the postponement, delay, or extension of a Tour or adjustment to the Itinerary due to Force Majeure will be the Participant’s responsibility.

TOKOPH TRAVELS reserves the right in its sole discretion and acting as intermediary or as agent for these Suppliers, to modify the Itinerary, components of the Itinerary, or the use of Suppliers that is best for the operation of a Tour. TOKOPH TRAVELS is not responsible to any person for expense, loss of time, money, or other circumstances resulting from a failure of our Supplier, change in Itinerary, or change of Tour arrangements. TOKOPH TRAVELS reserves the right to substitute at any time Services including, but not limited to: hotels, excursions, modes of transportation, restaurants, attractions, etc. Furthermore, your claim about these unforeseen changes has in no way an effect on your decision to cancel or in waiving cancellation penalties that will be imposed as a result of your cancellation.

Additionally, all particularized Service requests (such as transportation, hotel room types, meals, etc.) are requests that cannot be guaranteed by us, and your participation in a Tour in no way assumes that you have been given any guarantees as to particularized Services. NO representative of TOKOPH TRAVELS can make claims of these guarantees to the contrary.

We also reserve the right to cancel any Tour prior to departure, and in such cases, all payments will be refunded without further obligation on our part. If a Guest leaves the Tour at any time, all return fares and other expenses will be assumed by the Guest.

GUEST REPLACEMENTS (NAME CHANGES)

For a fee of $100 per person, Guest replacements can be made on paid-in-full reservations in which no refund of fare needs to be made. For changes to reservations with a balance due, a fee of 6% of the balance due will be payable in full at the time of the change. Changes are also subject to any additional fees imposed by suppliers, airlines, hotels/resorts, transportation companies, sightseeing companies, restaurants, etc. All Guest replacements must be handled at least 14 days prior to departure. (Transferability of airline tickets varies by carrier and shall be your sole responsibility.)

NAME CORRECTIONS

Before completing your online booking, be sure to check the spelling of your full legal name. Your name must match your passport/proof of citizenship exactly. If you’ve made a mistake, we will be happy to help you correct it free of charge. However, that correction needs to be requested BEFORE the reservations for your Tour is generated (approximately 60 days out). Once reservations have been generated, a name correction fee of $100 will be charged.

DECLINED PAYMENTS

If your credit card is declined for any payment, TOKOPH TRAVELS will reach out to you (or your agent) immediately to rectify the situation. If 7 business days go by without resolution, your reservation may be cancelled and all payments up to that point forfeited.

FOREIGN ENTRY

You assume full and complete responsibility for verifying and complying with any and all passport, visa, health, vaccination, or other entry requirements for your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. You must have a valid passport for international travel. We recommend at least six months of validity on your passport from your return date to the U.S. If you need to apply for a passport, or need to renew your passport, we strongly advise that you do as promptly as possible. Passport cards, enhanced ID’s and birth certificates are not acceptable for international air travel. Some countries will not admit persons convicted of a crime. Some countries require both parents’ consent for minors to travel. You are responsible for reviewing any and all entry requirements of your destination(s), and ensuring you comply with the entry requirements.

You agree that TOKOPH TRAVELS will not be liable for any losses resulting from your failure to abide by and comply with any entry requirements. You agree that TOKOPH TRAVELS is not liable for any issues involving your passport, visas, or other identification documents while you are traveling (including loss, theft, or expiration of your passport, visa, or other identification documents).

LEGAL NAMES & PROOF OF CITIZENSHIP

TOKOPH TRAVELS requires you to give your full legal name, date of birth, and country of citizenship as it appears on your passport at the time of booking. Any changes in the spelling of your name after booking services have been issued will incur a $100 name correction fee. Passports, visas, and proof of citizenship could be required for travel. It is your responsibility to contact any authorities (U.S. Customs for Americans, or your Foreign Consulate office if you are not a U.S. citizen) to obtain any Passports, Visas, or Proof of Citizenship required. Some countries may deny entry due to current and/or past legal issues. It is your responsibility to check with the consulate to ensure any legal issues past and/or present do not prevent you from entering any countries you may be visiting on your Tour. Some countries/vendors (e.g., transportation, airlines, etc.) may deny entry, exit, or boarding due to past or present legal issues or past or present citizenship status. It is YOUR responsibility to confirm ANY of the above-mentioned matters with the proper government agency. This is your only notice about providing proof of citizenship, passports, and visas.

TOKOPH TRAVELS is not responsible for your lack of proper identification or denied entries or denied boarding.

HOTEL FEES & ROOMS

Any hotel that requires Guests to pay a “Resort Fee,” “Tourist Tax,” or “City Tax” upon arrival or checkout at the hotel will be the responsibility of the Guest to be paid to the hotel in local currency upon arrival or checkout. In cases where TOKOPH TRAVELS is unable to pre-pay these taxes & fees on behalf of Guest, TOKOPH TRAVELS shall not be held liable to any traveler for reimbursement of these taxes & fees.

You agree that TOKOPH TRAVELS will not guarantee any requests or special arrangements, by way of non-exclusive examples, adjoining rooms, special bed configurations, special room configurations, or a nonsmoking room. TOKOPH TRAVELS will not make any guarantee regarding room descriptions provided by vendors and is not liable for any misrepresentation of a specific room category.

GUEST BOOKED EXCURSIONS

TOKOPH TRAVELS shall not be held responsible for any Reservations on guest booked excursions outside of excursions provided by TOKOPH TRAVELS. TOKOPH TRAVELS will not be held responsible for tours not insured by your insurance provider.

TRAVEL INSURANCE

Should you have to cancel your Tour because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and payments for both air and Trip costs. Trip cancellation and interruption penalties can be significant. Purchasing Trip cancellation insurance is usually required within 14 days of booking.

We highly suggest all Guests purchase third-party travel protection insurance, which offers benefits for Trip cancellation/interruption and more. Please read related travel protection Plan Documents carefully. It is recommended that you compare and review other travel protection before purchase. TOKOPH TRAVELS does not own or operate any travel protection provider, nor has any influence on the outcome of any claim. It is a Guest’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Guest’s sole responsibility to research, evaluate, and purchase appropriate coverage. Guest agrees that TOKOPH TRAVELS in not responsible for any uninsured losses. Because of interstate insurance regulations, TOKOPH TRAVELS cannot recommend coverage or answer any specific policy questions. 

AIRLINE ARRANGEMENTS

It is the sole responsibility of the traveler to arrange and book flights to join your Tour. Airfare is NOT included in TOKOPH TRAVELS Tours unless specified on the Tour overview page on our website. For a fee of $50 (plus the costs of the flights), TOKOPH TRAVELS will be happy to book your flights for you (paid immediately before booking).

From time to time, TOKOPH TRAVELS may offer flight opportunities as part of a Tour. Once TOKOPH TRAVELS issues any airline ticket, said ticket will be 100% non-refundable/non-changeable/non-transferable. TOKOPH TRAVELS does not pay ANY airline imposed fees for Baggage, Seating Assignments, Check-In Fees, etc. TSA requires that names on Airline tickets MUST MATCH the name as it appears on your passport. Having an incorrectly spelled name could result in additional fees, a new ticket being purchased, and/or denied boarding. ANY costs involving a name change to an airline ticket will be the responsibility of the traveler. TOKOPH TRAVELS is not responsible if an airline delays a flight for any reason, including weather. If you are unable to make your departure, it is your responsibility to work with an alternate carrier to reach your destination. TOKOPH TRAVELS is not responsible for any additional expenses you may incur prior to joining your Tour. TOKOPH TRAVELS does not participate in, nor can we assist in any frequent flyer programs.

AIRPORT TRANSFERS

TOKOPH TRAVELS agrees to provide your transfers from destination airport to hotel and return to airport. You agree to advise us of the flight numbers, flight arrival and departure times, and dates of travel. You agree to promptly advise us of any changes to your itinerary. Transfers are only included where indicated. You agree to provide this information to us at least twenty-one (21) days prior to departure. Transfers cannot be guaranteed where this information is provided less than twenty-one (21) days prior to departure. You assume the costs and/or risks should you utilize transfers not arranged by TOKOPH TRAVELS. Additionally, our transfers only cover specific destination airports and TOKOPH TRAVELS may be required to charge an additional fee if an alternate destination airport is selected. Failure to provide air information will result in a forfeiture of transfers offered by TOKOPH TRAVELS.

SPECIAL NEEDS

We welcome Guests with special needs. Guests who have any medical, physical, or other special needs should contact TOKOPH TRAVELS before booking to initiate additional assistance through us. Guests are also encouraged to contact the airline, hotel, or resort directly as well. Guest should be aware that each country has its own standards of accessibility for persons with disabilities. Before you travel, visit travel.state.gov/destination and enter a country or area to find information for mobility-impaired travelers in the Special Laws & Circumstances Section. For flying with disabilities, we recommend calling the Transportation Security Administration’s (TSA) toll free helpline for travelers with disabilities and medical conditions: 855-787-2227, or check TSA’s website, TSA Cares. They can answer questions about screening policies, procedures, and the security checkpoints. TOKOPH TRAVELS cannot guarantee accessibility for all Tours. Some Tours will be listed as an “adventure tour.” This indicates that certain physical abilities will be necessary to participate in all planned activities. Please read itineraries thoroughly to assess your ability to participate before booking.

PETS

No pets or other animals are allowed except for certain necessary service animals of a special needs Guest. Guests wishing to bring a service animal with them must notify hotels and/or transportation services directly before booking to receive written approval. TOKOPH TRAVELS has no part in obtaining service animal waivers as this is the sole responsibility of the Guest. TOKOPH TRAVELS itineraries will refer you directly to the hotels and/or transportation services.

PHOTO RELEASE

TOKOPH TRAVELS staff may inadvertently capture you in the background of a shot they are capturing for our promotional purposes. In this case, you may not be provided with individual notice, nor will we seek your permission.

By participating in a TOKOPH TRAVELS Tour, you grant and authorize TOKOPH TRAVELS the right to capture, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of you to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits, websites, social networking sites, and other print and digital communications, without payment or any other consideration. This authorization shall continue globally and into perpetuity. You understand and agree that these materials shall become the property of TOKOPH TRAVELS. You hereby hold harmless, and release TOKOPH TRAVELS from all liability, petitions, and causes of action which you, your heirs, representative, executors, administrators, or any other persons may make while acting on your behalf or on behalf of your estate.

PRIVACY POLICY

We are committed to making you feel comfortable participating, exchanging information and enjoying the TOKOPH TRAVELS experience. We realize the importance of feeling safe online and are fully committed to protect your privacy in accordance with this Privacy Policy. Our Privacy Policy outlines the type of information we typically request of you while you are on our site as well as ways in which we process and, sometimes, disseminate information collected from you.

PROPER CONDUCT REQUIRED OF GUEST

All Travelers are expected to respect others and their property. Travelers are expected to adhere to country laws and acceptable behavior. Traveler understands that their participation in a Tour may be terminated at any time if Traveler is disciplined by any civil or criminal authorities, our Suppliers, or if TOKOPH TRAVELS, in its sole discretion, determines that Guest’s conduct or behavior is incompatible with the interests, safety, or welfare of other Guests, our Suppliers, their employees, or independent contractors.

TOKOPH TRAVELS has zero tolerance for any non-consensual sexual contact, harassing of other Guests or Suppliers, or threatening behavior by its Guests. Termination for conduct violations will result in mandatory removal from the tour with no refund for any unused portion of the fare or other pre-purchased items including your excursions, pre/post accommodations, and return airfare. Guest is responsible for arranging and paying for their own substitute travel and accommodations, if necessary.

NO SOLICITATION

You shall not solicit other Guests for commercial purposes or advertise goods and services while on a Tour without TOKOPH TRAVELS prior written permission. Solicitation in any form will result in mandatory removal from the Tour with no refund for any unused portion of the fare or other pre-purchased items including your excursions, pre/post accommodations, and return airfare.

LEGAL COMPLIANCE REQUIRED

All Guests must obey the local laws and regulations of the places they visit on their Tour, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Prescription medication should be in the original prescription bottle/package with all prescribing information. It is the guest responsibility to ensure their medication is allowed to be brought into the destination country(s). TOKOPH TRAVELS is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Guest’s failure to obey any local or federal laws. If Guest is detained, arrested, or otherwise held for failing to meet these requirements, Guest is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.

MEDICAL EMERGENCIES

You agree that you have verified that their health insurance is appropriate for your travels. You agree that TOKOPH TRAVELS is not liable for any issues that may arise with your healthcare while traveling. TOKOPH TRAVELS is not responsible for the costs of any medical treatment you may require during a Tour and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Tour. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TOUR. Guest releases TOKOPH TRAVELS from any liability relating to any such medical care, whether secured by a Service provider on behalf of Guest, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care. You agree that TOKOPH TRAVELS assumes no responsibility, does not guarantee performance, and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with medical services.

By booking a Tour, you acknowledge the inherent risk of possible exposure to certain illnesses that may exist in any public place where people are present. You voluntarily assume all risks related to exposure and agree not to hold TOKOPH TRAVELS or any of TOKOPH TRAVELS affiliates, directors, officers, employees, agents, contractors, or Suppliers liable for any illness, injury, or death.

MARKETING MATERIALS AND ILLUSTRATIVE PHOTOS

TOKOPH TRAVELS endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Tour.

LIMITATION OF LIABILITY

TOKOPH TRAVELS is acting as intermediary or as an agent for Suppliers, airlines, hotels/resorts, transportation companies, sightseeing companies, restaurants, etc., in selling Services or in accepting reservations or bookings for Services which are not directly supplied by TOKOPH TRAVELS. Furthermore, TOKOPH TRAVELS cannot control the circumstances, causes, effects, mechanical failure, weather, strikes, bankruptcies, etc., of our Suppliers. It is absolutely clear in your acceptance of participation in this Tour that TOKOPH TRAVELS cannot guarantee airlines, flight times, hotels, attractions, shows, restaurants, motor coach vendors, etc., and any unforeseen changes that might occur in the future. Therefore, IN NO EVENT SHALL TOKOPH TRAVELS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF TOKOPH TRAVELS HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL TOKOPH TRAVELS TOTAL AGGREGATE LIABILITY TO THE GUEST FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE GUEST TO TOKOPH TRAVELS UNDER THIS AGREEMENT.  

TOKOPH TRAVELS OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY VENDORS. TOKOPH TRAVELS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, TOKOPH TRAVELS DOES NOT ASSUME LIABILITY FOR ANY ILLNESS, INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY TOKOPH TRAVELS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOKOPH TRAVELS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH TOKOPH TRAVELS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 

FORCE MAJEURE

TOKOPH TRAVELS shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond TOKOPH TRAVELS reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, pandemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of TOKOPH TRAVELS or deemed by TOKOPH TRAVELS to constitute a danger to the safety and well-being of Guests. TOKOPH TRAVELS reserves the right to cancel any Services described in an Itinerary due to Force Majeure.

INDEMNIFICATION AND RELEASE

Except as otherwise set forth herein, Guest hereby releases TOKOPH TRAVELS from any and all liability, loss, expense, damages, or claims arising out of or resulting from Guest’s participation in a Tour, whether caused by the negligent or reckless conduct of Guest, a Supplier, a provider of Accommodations, another third party, or otherwise.

Guest hereby also agrees to indemnify, defend and hold harmless TOKOPH TRAVELS from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against TOKOPH TRAVELS regarding, resulting, or arising from Guest’s participation in a Tour or Guest’s performance of this Agreement. 

RESOLUTION OF DISPUTES: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.

You and TOKOPH TRAVELS shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Tours, Services sold by us, TOKOPH TRAVELS website, any literature or materials concerning TOKOPH TRAVELS, and these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Michigan and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final, and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute. All disputes must be filed within 90 days following the completion of the related Tour.

You and TOKOPH TRAVELS agree to submit to the personal jurisdiction of the federal and state courts located in Michigan with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Client and TOKOPH TRAVELS agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Michigan, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND TOKOPH TRAVELS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION. You further agree that you will not file any complaints through any Better Business Bureau or similar organization prior to completing the Dispute resolution procedures described above (mandatory binding arbitration, etc.) Should you file a complaint through any Better Business Bureau or similar organization, this action will void any potential claim and/or any compensation reimbursements that may have previously been decided. In addition, you fully understand and agree that the defense of any complaint filed with the Better Business Bureau or similar organization will result in the defense of the contract with all costs being the responsibility of the Client as outlined above.

ATTORNEY’S FEES, COSTS, AND EXPENSES OF SUIT

If any act of law or equity, including any Arbitration Proceeding or an action for declaratory relief, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Tour, or any literature or materials concerning TOKOPH TRAVELS or your Tour, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

INUREMENT AND ASSIGNMENT

This Agreement shall ensure to the benefit of and be binding upon the parties hereto, and each of them, and their respective heirs, executors, administrators and assigns, though guest may not assign his rights or obligations hereunder without the prior written consent of TOKOPH TRAVELS.

WAIVER, ETC.

No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. TOKOPH TRAVELS does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification, or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.

Upon acceptance of our Terms and Conditions, Guest agrees to be responsible for any error in the accuracy of information they provide us, and warrants that the Guest, after consideration and with an opportunity to consult legal counsel, shall be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein. This is a fully enforceable and legally binding agreement.6