Booking Terms and Conditions for Trips, Tours, Workshops

(In attending any trip, tour, workshop or class operated by Gaiz Travel and Creative, LLC, David Gaiz you agree to the following booking terms and conditions)

In registering for, or booking one of the Gaiz Travel and Creative, LLC (referred to herein as “David Gaiz”, "Dave Gaiz", "GTAC", "Photo Nomads" "I" “we” or “us”) products (i.e. trips, tours, workshops, classes, adventures, or other events) you (referred to herein as “you” or “Client”) are agreeing to accept all of the terms and conditions provided herein. You understand that there are inherent risks associated with your participation with our products, and your registration serves as a release of liability against David Gaiz, including your assumption of all risks, including but not limited to injury, illness, death, loss, damage to any personal property you bring on our trips.

Responsibilities of David Gaiz

1. Your reservation

On receipt of your deposit, subject to availability and at our discretion, Photo Nomads will reserve your place on your selected trip. A contract is only made between you and us upon your booking being confirmed and accepted by us, and our communication thereof to either you or your booking representative.

2. Price Guarantee

Trip prices are based on costs, tariffs, taxes, charges, levies and exchange rates as of January 1, 2020. Should these change, the price of your trip may increase. If the total price increases by more than 10%, you may cancel, without penalty within 3 days after we notify you of the increase. Except as explained below, we will not increase the price of your trip after we receive your full deposit for your trip. In exchange for this guarantee, no refund will be made if the cost factors described above are reduced. We reserve the right to recover from any increases in cruise line imposed fuel surcharges and in taxes, charges or levies imposed by any government or its agencies.

3. If we cancel or change your trip

3.1 David Gaiz reserves the right to change or cancel any trip departure in accordance with operating requirements or circumstances beyond its control.

3.2 If a cancellation is made any time prior to the tour departure, David Gaiz's only liability will be to refund the passenger the amount it has received for the booking. David Gaiz will try and re-book the same or a similar trip. David Gaiz is not liable for any changes, amendment or cancellation penalties incurred on any other travel arrangements purchased separately.

3.3 If an alternative trip is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Gaiz Travel and Creative, LLC trip without payment of any transfer fee. Please note: the departure date constitutes the date indicated on the invoice provided by David Gaiz. If you do not join the trip on the day of departure then cancellation fees will be 100%.

3.4 If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial dispute, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond David Gaiz's control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.

3.5 Photo Nomads is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any tour departure.

4. Trip Details and Conditions

4.1 The information in any print materials we distribute is correct to the best of our knowledge at the time of going to print but we cannot guarantee that any item or amenity mentioned will be available, especially when we have no direct control over it.

4.2 With respect to David Gaiz's trips, GTAC will do our best, at our discretion to select accommodations, activities and transportation to give you good value for your money.

4.3 GTAC constantly strives to improve trip itineraries and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries and to substitute hotels, activities and transportation. GTAC is not responsible for any other travel arrangements affected due to our cancellations.

4.4 Any special meal requirements will be made on a request basis only. You agree to provide us with adequate advance notice of such requests. GTAC cannot guarantee special meal requests nor will assume any responsibility or liability if client’s special meal requests are not fulfilled.

4.5 GTAC will make every attempt to accurately communicate through our website, social media outlets, phone & email communication who the staff members will be on each given workshop, class, or trip. GTAC reserves the right to change staff members at our discretion, even after a participant has registered for a trip with specific advertised staff members. If staff members change, no refunds will be given as all of our staff members are thoroughly vetted to ensure each participant on each trip receives the same levels of customer service and instruction.

5. Liability

5.1 GTAC's sole responsibility is to take reasonable steps to properly arrange and conduct your trip.

5.2 As a tour operator, GTAC makes arrangements with carriers, hotels, and other independent suppliers to provide you with some or all of the travel services you purchase. These parties are independent suppliers over whom GTAC has no direct control. Unless caused by its own negligence, GTAC is not responsible for and accepts no liability in respect of any claims, losses, damages, costs or expenses arising out of:

a) personal injury, sickness, disease, accident or death, however caused, including without limitation, where same results from your conduct on our trips.

b) loss or damage to or delay of baggage or other property unless resulting from GTAC's negligence in which case GTAC's liability shall be limited to the actual loss but in no event would exceed the total trip cost;

c) delays and loss as a result of government action, weather, mechanical terrorism, Acts of God or any other causes beyond GTAC's direct control. GTAC cannot be responsible for interruption of air carrier service due to airline default.

d) acts or omissions, whether negligent or otherwise, of suppliers of services or their personnel (including, without limitation, transportation and accommodation services) or of any other person or body unless such a person or body is her authority. In no event is GTAC liable for the acts or omissions of independent third party contractors or of its own employees or agents acting outside the scope of their duties.

e) loss of enjoyment, upset, disappointment, distress or frustration whether physical or mental, resulting from any of the following:

i) any matter or topic described in sub-paragraphs (a) to (e) inclusive above.;

ii) your failure to obtain the necessary documentation and/or authorizations to travel;

iii) your failure to arrive on time for initial departure or for connections within the trip or to stay within or join your trip at any time after initial departure;

iv) your leaving the trip prior to its completion;

v) The need for GTAC to change itineraries or substitute accommodations or services, provided that GTAC makes every effort to supply the most comparable services and accommodations available;

vi) cancellation of the trip by GTAC provided that a full refund of all monies paid is made to you;

vii) many of our activities are action and adventure orientated. Sports and similar activities inherently involve risks of injury greater than those that would be encountered if you were not participating in such, and therefore, by voluntarily taking part in any sports or other such activities, you thereby acknowledge and assume any of the risks inherent therein. In the absence of negligence on our part, neither we nor anyone acting on our behalf accept any responsibility for, and shall not be liable for, any injury, illness, damage, loss, accident, expense, delay or any other irregularity resulting from your participation in any of the activities made available to you;

viii) we take every reasonable precaution possible to assure your comfort, safety and enjoyment while you are taking part in a GTAC trip. GTAC's trips are generally not for those who are frail or those not generally enjoying good health. A change of climate, food, time and varied cultural habits often affects travelers differently. We therefore recommend that you advise your doctor that you are taking one of our trips and ask if he or she recommends anything for your trip, even for something as seemingly benign as an upset stomach. Since the brands of medication to which you are accustomed may be unavailable in places to which you are traveling, we recommend you bring your own supply of any medication you will require and carry such medication in your hand luggage. Prescription drugs should be carried in the original labeled bottles. Should you fall ill during your GTAC trip, we will make every reasonable effort to make prompt, sanitary, safe and proper medical care available to you. However, if at anytime or anywhere treatments of any sort are suggested to you that do not meet your needs or expectations, you should not hesitate to contact your own doctor. Also, please note that the same sorts of activities that can expose you to certain types of diseases at home can just as easily expose you to those same diseases abroad. This information is provided only for your convenience and we are not responsible or liable for any damages resulting from your failure to confirm or ascertain health information or medical precaution, if any, for the places which you will be visiting;

ix) With you in mind, we have accepted applications from and interviewed numerous potential employees, and then we select only those people whom we believe in our best judgment would be responsible and congenial trip leaders and instructors. Although we firmly believe, based on personal interviews and certain disclosures made to us by our employees, that all of our employees enjoy excellent health, we, like other tour operators, are legally unable to confirm this in most, if not all, instances.

Your Responsibilities as a Client of David Gaiz

6. Booking Your Trip

6.1 In order to reserve your trip, a deposit or the full amount payable if booking is made within 60 days of departure, must be submitted to David Gaiz by you in respect of that trip. Deposits may vary between different trip types or itineraries. This payment is in addition to any deposit required by any booking agent you utilize. The deposit is accepted as a first installment of the trip price by GTAC only once the booking has been confirmed in writing by GTAC or your travel agent. If paying by a third-party credit card GTAC will provide you a third-party authorization form that must be completely filled out and received by GTAC before payment can be received. Deposits and trip payments can be made by personal check in certain situations. Contact with the GTAC corporate office in writing is required for payment by personal check.

6.2 Your trip reservation will be confirmed on receipt of a non-transferrable, non-refundable deposit that may vary based on trip type or itinerary. In the event that a booking contains more than 1 client, a deposit will be required for each client on the booking.

7. Paying The Balance

7.1 The balance of the trip price must be paid by no later than 90 days before your scheduled trip departure date, which shall be by the due date stated on the confirmation issued to you by GTAC.

7.2 If payment isn’t made by the due date, GTAC may assume that you have cancelled and cancellation charges in accordance with the Refund & Cancellation Policy will be levied by GTAC.

7.3 Tickets and other documents for your trip won’t be forwarded until full payment has been received by GTAC.

7.4 In the case of Late Bookings made within 90 days of your departure, the full cost of the trip will be payable immediately on booking. Documents can be emailed to the passenger at no additional charge or passenger can pay a service fee for expedited shipping costs of physical documents when available.

7.5 GTAC reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.

7.6 Travel documents will be sent to you approximately 21 days prior to trip departure (providing full payment has been received). However, if travel documents are required the next day or earlier than 21 days prior to departure* (providing full payment has been received) a fee will apply. Bookings made and/or payments received within 30 days of departure* incur an additional document delivery fee. Any documents delivered outside of the USA will incur an additional fee. Actual costs will be advised at the time of booking.

8. If You Cancel

8.1 Notice of cancellation must be made in writing directly to GTAC.

8.2 The following scale of charges will apply when notice of cancellation is given after booking is confirmed:

Refund & Cancellation Policy

If you wish to cancel a trip that you have registered for, the schedule below shows what refunds, if any, you shall be entitled to due to your cancellation:

Cancellation more than 120 days prior to trip departure:

Full refund of all monies paid, including your deposit, minus any transaction charges and/or administrative fees.

Cancellation 91-120 days prior to trip departure:

Refund of monies paid, minus your deposit, which may be rolled over to another trip at the sole discretion of GTAC, and minus any transaction fees and/or administrative fees.

Cancellation 61-90 days prior to trip departure:

1. 50% refund of total trip price, (if full trip price has been paid) minus your deposit, which may be rolled over to another trip at the discretion of GTAC, and minus any transaction fees and/or administrative fees.

Cancellation 31-60 days prior to trip departure:

Cancellation 60 days or less prior to trip departure:

No refunds will be given, deposit may be rolled over to another trip at the discretion of GTAC.

8.3 These cancellation fees are in addition to any cancellation fees that may be levied by any booking agent used to register. All cancellation policies are subject to change. Final policy will be confirmed at time of booking.

8.4 Please note that GTAC is not liable for any cancellation penalties incurred on any other travel arrangements including air tickets purchased separately from the purchased trip.

9. If You Change Your Booking

9.1 If after your booking has been confirmed, you wish to change to an alternative departure date or you wish to change to a different GTAC trip you may do so subject to availability.

9.2 GTAC reserves the right to charge an administrative fee of up to $250 USD per person for any revision or alteration made to a reservation after the booking is confirmed. A change of trip date or trip itinerary within 90 days or less of trip departure will be treated as a cancellation, and normal cancellation fees will apply except when the change is to an earlier departure date of equivalent or greater value in which case a $100 USD per person amendment fee is subject to be charged.

10. Trip Details And Conditions

10.1 Please read our website carefully for those items not included in the price. No allowance or refund can be made for meals, accommodations, activities, transportation, etc. that you elect not to take, or when certain locations are closed for any reason. Accommodation facilities may vary from place to place. Meals may vary in style.

10.2 GTAC's trips are specifically planned for those interested in engaging in photographic activities during the duration of the trip. Consequently, the facilities, activities, schedules on a GTAC trip are not designed for those not engaging in photographic activities. If you have questions regarding the photographic element of our trips, please discuss with a GTAC representative prior to booking.

10.3 By registering for a trip, you understand and acknowledge that group travel involves compromises to accommodate the diversity of the group. GTAC will not be responsible for any claims of dissatisfaction by participants due to individual needs not being met in a group environment. You understand that in registering for a trip that you are subjecting yourself to interaction with people who may be different to you in personality, gender, race, & ideology, and that you in no way will be entitled to any refunds if you do not get along with other members of the group. GTAC does not discriminate on the basis of race, color, age, ethnicity, national origin, religion, sexual orientation, gender identity, disability (subject to the requirements of the paragraph below) or any other prohibited class.

10.4 GTAC strives to provide a safe, enjoyable and memorable travel experience for all passengers. GTAC welcomes passengers with special needs or disabilities. However, please note the following:

Passengers are required to advise GTAC, in advance, of any physical, medical or other special needs that require accommodation. A special needs form must be completed prior to final payment.

All guests must ensure they are medically and physically fit for travel. GTAC may impose safety requirements necessary for the safe operation of the trip. GTAC may also exclude an individual from participating in a trip or activity if that individual’s participation poses a direct threat to health or safety.

GTAC does not provide personal devices (such as wheelchairs, hearing aids, or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair, or assistance in eating, toileting, or dressing). A companion capable of providing such assistance must accompany any passenger who requires services of a personal nature. • GTAC does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the client's expense. GTAC is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services received.

Clients should be aware some trips include rough terrain, extensive walking over uneven surfaces, uneven pavement, steps and locations which may not be easily accessible, or accessible by wheelchair. During the trip, GTAC may make arrangements with carriers, hotels and other independent entities over which GTAC has no control. Accommodations on international tours may differ from those in the United States. GTAC cannot guarantee disability access or accommodations for passengers traveling on our trips.

GTAC may, in its sole discretion, decline the booking of any client or remove any client who cannot comply or refuses to comply with GTAC's terms and conditions. GTAC is not responsible for any costs incurred in the event a passenger is removed from a trip. Clients agree not to hold GTAC or any of its related entities liable for any actions taken under these terms and conditions.

10.5 You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the trip

10.6 There may be times when the GTAC trip leaders, instructors or representatives have to make a decision in your best interest or the best interest of the group. You agree to comply with the authority and decisions of the appointed GTAC trip leaders, instructors or representatives and the laws of the country in which you are traveling. If you do not so comply or if, in the GTAC trip leader’s, instructor’s or representative’s opinion, you are not compatible with the general enjoyment and well-being of other members on the trip or the smooth operation of the trip itself, we reserve the right to refuse to let you continue with the trip. GTAC does not tolerate the possession or carriage of illegal or restricted substances (drugs, firearms or other weapons, etc.). Furthermore, you agree that your fellow travelers and any GTAC representatives have the right to travel/work in a safe environment. Any threats to their safety, well-being or inappropriate behavior by you, whether verbal or physical will be taken extremely seriously and may result in the immediate termination of your trip. In either event, you will be responsible for your own repatriation and related costs and have no claims against us.

10.6.1 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodations. You are advised to immediately report any pre-existing damage in your room to hotel staff and/or a GTAC representative as soon as it is discovered.

10.7 Where the passenger occupies a vehicle fitted with a safety belt, neither the operator or service providers, agents or co-operating organizations shall be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident.

10.8 It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected trip before your departure as well as any necessary vaccinations and to comply with all applicable laws. GTAC is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas while on a trip (including accommodations, meals, flight and transfers incurred due to associated delays) are at your own expense.

10.9 GTAC will obtain all necessary permits for passengers on trips in relation to photography requirements in specific locations, unless it is expressly written in our documentation, website or conveyed by a representative of GTAC at the time of booking that the passenger is required to obtain specific permits on their own.

10.10 Should you have a complaint in respect to the trip, you should inform the GTAC representative during the course of the trip and if the matter cannot be resolved after the representative’s best endeavors to do so during the trip, your complaint should be made in writing to GTAC as soon as is reasonably possible after the trip, but within 30 days thereof so your complaint can be investigated. Please see our website for contact information and instructions for sending in complaints.

10.11 You agree that our GTAC trip leaders, instructors or representatives may take photographs and films of you while you are on a trip and that these may be used in any of our brochures or on our website or social media outlets, or any advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films

10.11.1 The agreement arising between the passenger and the Operators under this set of terms and conditions and the booking made by the passenger shall be governed by the law of the State of California, County of Los Angeles, which shall have exclusive jurisdiction in the case of any dispute between the parties.

10.11.2 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.

10.11.3 If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney fees and court costs.

11. Insurance

11.1 It is highly recommended, and in some cases required that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money & public liability before embarking on any GTAC trip. Please check that the insurance you purchase covers all of the activities that you are participating in. Some policies exclude certain adventure activities. This should be arranged at the time of payment of the deposit & will, in certain circumstances, cover you against loss of deposit or cancellation fees from the date of confirmation of your booking, as shown in the insurance policy. You also agree to indemnify us against all third-party claims actions, damages & remedies which may be brought against us in respect of your participation in the trip.

12. Illness Or Absenteeism

In the event of your withdrawal from a trip after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.

13. What’s Not Included In The Trip Price

Airfares, air-related taxes and fees, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to local guides, drivers or activity providers, photography equipment or any items related to the activity of photography, items of a personal nature, excess baggage, and any available optional excursions.

14. Weather Conditions

14.1 Under no circumstances can we be held responsible for snow or weather conditions, nor can any trip be cancelled or amended by you at any time on the basis of snow or any other weather conditions.

14.2 Photographic activities as part of the trip may encounter a wide variety of weather conditions. It is the responsibility of the passenger to be prepared to deal with a wide variety of weather conditions throughout the trip.

14.3 Representatives of GTAC will make all final decisions on whether photographic activities will commence if the weather is in question. GTAC is not responsible and is not liable for any loss of photographic activity time due to unsafe weather circumstances, with the safety of those circumstances being decided solely by the discretion of the representatives of GTAC.

14.4 Refunds and reimbursements due to loss of photographic activity will be at the sole discretion of GTAC and will be issued or denied in accordance with the Refunds policy of GTAC

General Terms and Conditions

15. The Booking Conditions detailed herein contain the entire contract between you and GTAC. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duty authorized officer or director of GTAC.

15.1 Your contract is with GTAC as the tour operating company. At any time and at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.

15.2 Transportation companies, airlines, etc. are not to be held responsible for any act, omission or event during the time passengers are not on board planes, transportation or conveyances. We rely on international conventions, national and international law, which may apply to the services provided by us, our suppliers or agents with respect to any clam of any nature brought by you against us as that result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol & Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road & the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage & delay to passengers & luggage. Enrollment in & payment for a trip shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this terms and conditions agreement which cannot be varied except in writing by an officer of GTAC.

15.3 GTAC is not a carrier or hotelier nor does it own aircrafts, hotels or any other transportation vehicles or vessels. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. While we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third parties, we will give every reasonable assistance in helping to resolve any reasonable dispute. Please also note that GTAC cannot be held responsible for the failure of any of these parties to provide facilities or services for handicapped clients (see also 5.3 under Trip Details and Conditions).

15.4 Every effort is made to ensure the accuracy of any promotional material at the time it goes to print; however, GTAC cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.

15.5 The agreement arising between the passenger and GTAC under this set of terms and conditions and the booking made by the passenger shall be governed by the law of The State of California, County of Los Angeles which shall have exclusive jurisdiction in the case of dispute between the parties.

15.6 In the case of computer or human billing error we reserve the right to re-invoice clients with correct billings.