Birding DC

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Birding DC, LLC tour terms and conditions

‘The Customer’ represents any person for whom an actual or potential booking has been made or discussed. ‘The Company’ refers to Birding DC, LLC or its authorized agents.

How to book a reservation
A reservation shall be deemed made (1) once the Company has received the fully executed booking form by all Customers and the deposit of one hundred ($100.00 (US Dollars)) per person; and (2) the Company has sent a confirmation letter, confirming the receipt of the booking form and deposit, together with the invoice for the remaining balance (by email or mail). Reservations will be allocated on a first come, first served basis. A fully executed booking form shall include signatures of all Customers on the tour.

Provisional reservations
The Company is willing to accept provisional reservations, by mail or email, provided that the fully executed booking form and required deposit are received within fourteen (14) days from the date of the provisional reservation by the Company. If the required booking form and deposit are not received within the 14 day period, the provisional reservation will be deemed to have lapsed.

Non-Transfer of Booking
Bookings are not transferable to any other person or to any other date without the prior written consent of The Company.

Party size
The party size is restricted to 3 customers unless special arrangements are made and approved by the Company in writing.  When using the tour vehicle we would ask participants to rotate the use of seating so that all may have an opportunity to travel in a variety of seats.

Smoking
All tours are non-smoking.

Special requests
Any special requests or requirements must be indicated on the booking form and the Company will attempt to accommodate such requests, however the Company is not required or obligated to fulfill or provide any request. If there are any circumstances that would affect the running of the tour in the sole discretion of the Company, the Company may decline the booking or special request as the case may be. The Company reserves the right to decline any special request or any booking for any reason whatsoever.

Flights and hotels
The Customer will be responsible for arranging and paying for his or her own flights, hotel accommodations, travel arrangements and meals. The Company does not warrant, guarantee, or represent that the tour will conclude as scheduled and the Customer’s flight and hotel accommodations should be made accordingly.
If during the tour itself an overnight hotel stay is required, such accommodations shall be at a hotel of the Company's nomination and choosing and shall be at the Customer’s expense and payment. The Customer hereby acknowledges that such overnight hotel accommodations shall not be included in the tour price and shall be a separate expense for which the Customer shall be responsible directly to the hotel.  (This hotel accommodation may be at a separate/different hotel from where the Customer may be staying prior to or at the conclusion of the tour.)  The Company shall drop off and pick up the Customer at the nominated hotel and the Customer shall be responsible for packing and arranging for their own personal items accordingly.

Travel insurance
It is strongly recommended that the Customer purchase insurance to cover the risks associated with travel, from the time of booking your tour until the return home.

Transportation to Tour Site
The Customer should arrange to arrive at the tour site as designated by the Company at least fifteen (15) minutes prior to the start of the tour.  The Customer may request transportation to be provided by the Company to and from the tour site.  In such event, the Company shall designate a ‘pick-up location’ where the Customer shall be picked up prior to the tour and dropped off at the conclusion of the entire tour.  The Customer shall make own arrangements to arrive at the designated ‘pick-up location’ at least 15 minutes prior to pick up time as determined by the Company.  In the event that the Customer fails to arrive on time at the pick-up location, the Customer shall forfeit this request and the Customer shall be responsible and shall make own arrangements to arrive at the tour site on time.    

Balance payable
The Payment of the remaining balance, as reflected in the invoice shall be due sixty (60) days prior to the start date of the tour. Any customer who fails to provide the full balance 60 days prior to the start date of the tour shall forfeit that Customer’s deposit in full.

Payments
The Company shall only accept payment in US dollars. All payments must be made in US dollars using one of the following methods:
(1) Bank transfer from your bank in the correct amount, plus any charges for conversion of currency or other charges that may be deducted en route, direct to our bank account. Bank Account details are available on request; or
(2) By Credit card; or
(3) A certified international bank draft (bank check) for the required amount in US Dollars, sent by registered mail to our business address.
However with the prior written authorization of the Company, payment may be made by a personal check drawn on a US bank and in US Dollars.

Cancellations
In the event any Customer or Customers cancel a reservation, such cancellation must be made in writing to the Company. In the event that the notice of cancellation is received by the Company more than sixty (60) days prior to the start date of the tour, the Company shall refund any and all payments made by the Customer(s) less the one Hundred ($100.00) deposit for administrative purposes. However, in the event that the notice of cancellation is received by the Company less than sixty (60) days prior to the start date, the Customer(s) shall remain responsible for the payment of the full invoice balance and shall forfeit any monies paid to the Company. In the event the Company is able, but is not obligated, to fill the cancelled vacancy, then the Company shall refund any monies paid to the Company less the $100.00 deposit. The Company is not required to fill any vacancy due to any cancellation and shall first fill any unreserved vacancy prior to filling any vacancy due to a cancellation. We strongly suggest that travel insurance is taken out as soon as practicable to cover the chance of this eventuality.

Tour cancellation and alterations
The Company will use best efforts to ensure the tour runs as advertised. However, the Customer acknowledges that there are circumstances where cancellation of the tour is unavoidable and the Company reserves the right to cancel the tour at any time, including the day of the tour or during the tour itself, for any reason whatsoever. In addition, the Company reserves the right to make any changes to the advertised tour, as deemed appropriate solely by the Company and at any time including during the tour itself.  In the event that any changes are made to the tour, in the sole discretion of the Company, the Customer(s) shall not be entitled to any refund or offset of the amount paid to the Company. In the event that the tour has to be cancelled, the Company shall refund any monies paid to the Company by the Customer, including any deposits. However in any event, the Company shall not be responsible for any costs incurred by the Customer, including travel expenses, hotel expenses or any other expense incurred by the Customer as a result of the cancellation or alteration. The Customer hereby acknowledges that the sole remedy available shall be the refund of the monies paid by that Customer and that the Company’s liability shall be limited to the amount of monies paid by that Customer.
In the event of an inclement weather forecast, the tour may be cancelled at the sole discretion of the Company and the Company shall refund any monies paid to the Company by the Customer as set forth herein.

Company’s Absolute Right to Exclude
The Company reserves the right to refuse to include and/or may exclude any person unable or unwilling to conduct themselves in a manner compatible with the satisfactory running of the tour, in the sole and absolute discretion of the Company or the tour guide. In the event that this situation should occur, prior to or during the tour, the Customer shall forfeit any monies paid to the Company and the Company shall not be responsible or liable for any expenses, damages, or losses of any kind incurred by the Customer, including but not limited those expenses related to the Customer’s travel and hotel.
The birds
Any list of birds provided shall be treated as merely a guide to some of the species the Customer(s) may expect to see in the particular habitats at that time of year. The Company will do our best to find and get good views of as many species as possible but this is, of course, dependent on the birds themselves and other conditions outside of our control. The Company does not warrant, guarantee or represent that the Customer will view any of the birds on any list.

Complaints
In the event a Customer is dissatisfied with any aspect of the tour, inform the leader immediately. If the Company is unable to solve the problem on the spot, please write to the Company as soon as you return home.
Liability and Assumption of the Risk
The Customer hereby releases the Company from any and all liability, claims, causes of actions, demands, set-offs, recoupment, which occurred from any act or omission of the Company at any time, including during the tour and any transportation of the Customer by the Company, except those claims caused solely by the gross negligence of the Company or its employees. The Customer hereby agrees that the sole remedy and any loss or damages shall be limited to the amount paid by the Customer to the Company.

​The Customer understands that the birding tour may involve moderate to occasionally extreme activity including uneven or rough terrain and walking for extended periods, at times in remote locations, and may involve a range of climate and temperature changes. The Customer shall assume all risk associated with such activities and warrants that the Customer is able to participate in such activities. In addition, the Customer acknowledges that it is the Customer’s responsibility and obligation to wear appropriate clothing and footwear for such activities and climates and to maintain proper hydration.

The Company is not responsible for any loss or damage to the Customers' equipment or possessions and shall be at the sole risk of the Customer.

Indemnification
The Customer hereby agrees that the Customer shall indemnify, defend and hold harmless the Company from and against any and all claims, suits, demands, causes of action, damages, penalties, fines, taxes, assessment, costs, attorney’s fees, losses or expenses, including but not limited to, any fines or penalties for failure to comply with any federal, state or local law, ordinance or regulation, (“Claims”) of any person or entity, in any way relating to, resulting in or arising from the Customer's breach of these Terms and Conditions and for any actions arising out of Customer’s acts or omissions pursuant to these Terms and Conditions, including but not limited to any damages arising from Customer's failure to pay. The Parties further agree and acknowledge that Company shall have the right to select counsel of its choice, without notice or consultation, regardless of any provision of any insurance agreement, in defense of such Claim.

Data protection/mailing list
The Customer(s) hereby acknowledges and agrees that the Company may store the booking and personal details and information of participants. These details are strictly confidential and are only available for use by Birding DC, LLC. The Company will, on written request by the Customer, provide a copy of any details held. In the event that the Customer desires for this information to be removed, the Company will delete it from our system upon written request. The Customer hereby acknowledges that the Company may use information held to inform Customers about future tours or send newsletters via email.

Communication
All communication and required notices will be sent to the Customer’s email address indicated on the booking form and will be deemed received by the Customer upon sending. Any required noticed and all communications to the Company will be sent to the Company’s email address as provided and shall be deemed received upon actual receipt. The Company shall not be responsible for any failures in communication to this email address.

Venue and attorney’s fees
The Parties hereby agree that any cause of action, demand or claim arising out of the terms of this Terms and Conditions shall only be brought in the General District Court for the City of Alexandria, Virginia or the Circuit Court for the City of Alexandria County, Virginia. The Customer acknowledges and consents to the personal jurisdiction of the Courts. The Customer shall be responsible for and the Company shall be entitled to its reasonable attorney’s fees incurred as a result of any breach of these Terms and Conditions by the Customer.

Interest
The Parties hereby agree that in the event Customer fails to pay any amount to the Company when due under these Terms and Conditions, the Company shall assess interest in the amount of 12% per annum for the unpaid balance.

General Provisions
The written provisions contained in these terms and conditions constitute the sole and entire agreement made between the Parties, supercede any prior or contemporaneous understandings, oral or written. Furthermore, the Parties acknowledge that they have had an opportunity to consult with an attorney.
The Customer hereby acknowledges and agrees that the Company may modify, amend or add any term or provision of these Terms and Conditions, in its sole and absolute discretion and that such modification shall be made in writing and effective upon written notice to the Customer.
THE COMPANY AND CUSTOMER(S) EACH HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING, WHETHER CLAIM OR COUNTERCLAIM.
Any provision of these Terms and Conditions which is prohibited by law, or unlawful or unenforceable under applicable law, shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of this Agreement. Where the terms of these Terms and Conditions are inconsistent with applicable law, and where applicable law controls, this Terms and Conditions shall be deemed to be amended to comply with applicable law.

These Terms and Conditions shall be construed and interpreted according to the laws of the Commonwealth of Virginia and its terms shall be binding upon and shall refer to the Parties, their heirs, members, successors, assigns, employees, agents, officers, trustees, subsidiaries, affiliates, and personal representatives.

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