TERMS AND CONDITIONS FOR ALL EXCURSIONS AND TOURS
THE PARTICIPATION OF YOU AND ALL INDIVIDUALS IN YOUR PARTY IN THIS EXCURSION IS GOVERNED BY THE BELOW AGREEMENT. BY FINALIZING YOUR RESERVATION AND AS A CONDITION OF YOUR PARTICIPATION IN THIS EXCURSION (AS WELL AS THE PARTICIPATION OF ALL INDIVIDUALS IN YOUR PARTY), YOU AND ALL INDIVIDUALS IN YOUR PARTY AGREE TO ALL OF THE TERMS AND CONDITIONS BELOW.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AS WELL AS ALL INDIVIDUALS IN YOUR PARTY.
By clicking "I Agree" during the reservation process, you, the traveler, and all individuals in your party, confirm that you understand, agree to, and accept all terms and conditions contained in this Agreement.
Bayan will provide the following services (collectively, the "Services") detailed in the itinerary for your excursion which are available for view on our website at bayantours.org. Any service not explicitly and expressly stated in the official itinerary for your excursion is NOT included as part of the Services. You also agree that the Services and changes to the itineary may be necessary due to cirucmstances beyond Bayan’s control. In such cases, Bayan will make reasonable efforts to provide similiar services or alternative activities.
2. CONDUCT OF TRAVELERS
You agree to conduct yourself in a manner that is respectful and considerate of others. Bayan reserves the right to remove any traveler who fails to adhere to this code of conduct, at your own expense, with no refund due.
3. PROHIBITION OF WEAPONS, HAZARDOUS MATERIALS, AND CONTROLLED SUBSTANCES
You are expressly prohibited from carrying weapons, hazardous materials, and controlled substances. Violations may result in immediate termination of the Services without refund.
4. RESPONSIBILITY FOR DAMAGES OR CLEANING CHARGES
You will be fully responsible for any damages to property, cleaning charges, or other incidental expenses incurred as a result of your actions or omissions. Such charges will be paid directly to Bayan or to the affected party, as appropriate.
5. ASSUMPTION OF RISK
You understand and acknowledge that travel may involve risk and potential exposure to injury and possibly death. You agree to assume all risk of personal injury, death, or property damage that may result from travel or participation in activities while using the Services.
6. NO REFUNDS OR CANCELLATIONS
All sales are final. After the cancellation date published by Bayan, no refunds or exchanges will be provided by Bayan for any reason, including, but not limited to, canceled, missed, or delayed flights, travel bans, illness or injury, passport or visa validity or expiration, or changes in travel plans. You assume all risks associated with these potential circumstances and are strongly advised to obtain suitable travel insurance.
7. PAYMENT TERMS
In consideration of the provision of the Services by Bayan, you will pay to Bayan an amount as outlined during the reservation process.
8. TERM AND TERMINATION
This Agreement begins upon your acceptance and remains in effect until all Services have been provided, unless earlier terminated as per this Agreement's provisions.
You agree to indemnify Bayan from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or lawsuit against Bayan arising from the Services.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BAYAN, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES AND ITS CONTENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DEATH, LOST PROFIT, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DAMAGE, AND/OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES, THE DELAY OR THE INABILITY TO USE OUR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BAYAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BAYAN SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO YOU OR THIRD-PARTY SUPPLIERS DUE TO RISKS INHERENT IN TRAVEL, INCLUDING ACCIDENTS, SICKNESS, INJURY, FORCES OF NATURE, CIVIL UNREST, TERRORISM, AND ACTS OF WAR. BY AGREEING TO THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND WILLINGLY AGREE TO WAIVE THOSE RIGHTS. YOU FURTHER AGREE THAT BAYAN IS NOT RESPONSIBLE FOR ANY PERSONAL BELONGINGS LOST OR STOLEN DURING THE TOUR. YOU AGREE, BAYAN’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BAYAN EXCEED THE TOTAL TOUR COST YOU PAID.
11. TRAVELER TRANSPORTATION RESPONSIBILITY
Unless explicitly included as part of the Services, you are solely responsible for arranging and paying for your own transportation to, from, and within the travel destinations.
12. RESPONSIBILITY FOR ADDITIONAL COSTS
Any and all additional costs and expenses related to the trip that are not expressly stated as included in the Services are your sole responsibility, including meals, extra hotel nights and airport transfers on unscheduled dates.
13. COMPLIANCE WITH RULES AND REGULATIONS AS WELL AS LOCAL LAWS
You and all members of your party are required to comply with all rules, regulations, and laws applicable to their activities during the tour, including those established by Bayan, accommodations, transportation providers, and local authorities at the tour destination. Failure to comply with these rules, regulations, and laws may result in immediate termination of the Services without refund. You and all members of your party are also solely responsible for complying with all local laws. Failure to comply with these local laws may result in immediate termination of the Services without refund.
14. RESPONSIBILITY FOR TRAVEL DOCUMENTS
You are solely responsible for obtaining all necessary travel documents, including, but not limited to, valid passports, visas, and health documents, at your own expense, and ensuring their validity six months beyond the travel dates. Providing passport copies to Bayan for tour planning purposes does not fulfill or satisfy this obligation.
15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
16. BINDING ARBITRATION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The exclusive seat of arbitration shall be Orange County, California, and nowhere else. In the event, a court determines this Binding Arbitration provision to be unenforceable, you irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against Bayan in any way arising from or relating to this Agreement and all contemplated Services, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Orange County and any appellate court from any thereof. You irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Orange County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
17. NO THIRD PARTY BENEFICIARIES
With the exception of any other travelers in your party, this Agreement and all future amendments shall inure only to the benefit of, and shall be binding on, you, your heirs, successors and permitted assigns. Neither you or Bayan confer any rights or remedies upon any other person or party other than the parties to this Agreement and their respective successors and permitted assigns.
18. AGREEMENT ON BEHALF OF MINOR CHILDREN
If the traveler is a minor, the parent or legal guardian of the minor, by accepting this Agreement, acknowledges and agrees that he or she is also accepting this Agreement on behalf of the minor and that the minor is bound by all the terms and conditions of this agreement.
19. ENTIRE AGREEMENT; SEVERABILITY; MODIFICATION; WAIVER
This is the entire and exclusive statement of the Agreement between you and Bayan, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement. In the event an arbiter or court of competent jurisdiction finds any of the provisions of this Agreement to be so broad as to be unenforceable or invalid for any other reason, it is the parties' intent that such invalid provisions be reduced in scope or eliminated by the court, but only to the extent deemed necessary by the court to render the provisions of this Agreement reasonable and enforceable. This Agreement may be amended or modified only by a writing executed by both parties. The waiver or the failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
20. WARRANTIES AND REPRESENTATIONS
You represent and warrant the following:
You are at least 18 years old and have the legal authority to enter into this Agreement and to perform its terms and conditions.
All information you have provided to Bayan in connection with this Agreement is true, accurate, and complete.
You will comply with all rules, regulations, and laws applicable to your activities during the tour.
You understand and accept the risks involved with travel, including but not limited to personal injury, illness, delay, cancellation or changes in travel plans, inconvenience, or unexpected costs.
If you are a parent or guardian agreeing to this Agreement for the benefit of a minor, you represent and warrant that you have the authority to enter into this Agreement on the minor's behalf and you agree to be responsible for the minor's compliance with this Agreement.
21. IMAGE RELEASE
You acknowledge and agree that Bayan, its agents, and other travellers may take photographs or videos of you during your participation in the Services. You grant Bayan and its designees the absolute, perpetual and worldwide right and permission to use, reproduce, edit, exhibit, project, display, distribute, broadcast, re-broadcast, copy, sell or otherwise transfer and use and license the same for use in the world of all or any portion of your image, associated audio recording, or likenesses obtained during your participation in the Services for the purpose of marketing or promoting Bayan and its services, in any format or media now known or hereafter developed, without additional consent or consideration.