The following Booking Terms and Conditions (referred to herein as these “Terms and Conditions” or “Agreement”) apply to all travel and travel-related Services offered for sale by RS Travel and Photography (13208 E Sunset Dr., Los Altos Hills, CA 94022 - operator of “Cat Expeditions” and “Whale Expeditions”) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “RS Travel and Photography”, “we,” or “us”).

1. Terms Defined

“Tour” as used in these Terms and Conditions is defined as any package of Services, offered or sold by us.

“Service” or “Services” encompass, but are not limited to: Tours, leisure or adventure activities, travel planning and consultation, ground, air, or other transportation, hotel, resort, or other Accommodations, equipment rentals, expeditions, and any other travel or travel related products offered by RS Travel and Photography as part of a Tour Itinerary.

“Itinerary” refers to the particularized schedule for a Tour.

“Supplier” or “Vendor” refers to any provider of the Services we offer, including local operators.

“Guest,” “Guest,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Tour or Service and/or the party who purchases (or attempts to purchase) a Tour or Service for themselves and/or others.

“Trip Leader” refers to the tour or expedition leader assigned by RS Travel and Photography.

“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Guests including, but not limited to, hotels, motels, lodges, quarters on a vessel, and resorts.

All bookings of Tours are also subject to the Terms and Conditions of the Suppliers of the Service(s) incorporated in a Tour. By booking an RS Travel and Photography Tour, 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 RS Travel and Photography, we will control all issues relating to the liabilities and responsibilities of RS Travel and Photography.

Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney if desired before you agree to be bound by them.  Guest acknowledges that they have taken note of these Terms and Conditions (including our Cancellation Policies, Liability Limitations, and Binding Arbitration Provision) before making a booking and have accepted the same by checking the box marked “I ACCEPT RS Travel and Photography’s Booking Terms, including Cancellation Policies, Liability Limitations, and Binding Arbitration Provision”. Without this affirmative acceptance, the processing of a booking is not possible.

2. HONEST & COMPLETE INFORMATION

We expect all Guests to be honest, truthful and forthcoming when assessing a Tour’s physical requirements, filling out our booking forms, or providing information about a Guest’s ability to participate. This includes full disclosure of any medical conditions, dietary conditions or allergies. This ensures that we can provide a Tour with the highest possibly safety and quality for the entire group. Should it become evident that a Guest has provided false information or failed to disclose a known condition or issue and is unable to take part in the Tour or poses a risk to themselves or others as a result, RS Travel and Photography reserves the right to cancel Guest’s participation in the Tour without any refund beyond that which is listed in our cancellation policy. If a Tour is in progress, and Guest requires additional services or is required to be evacuated from a Tour as a result of such a failure, Guest will be charged all extra expenses, including evacuation expenses and will not receive a refund for any unused Tour services.

3. Eligibility

a.  Locale: The Services offered by RS Travel and Photography 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.

The Services are also available for purchase by international Guests (excluding residents of the E.U. or U.K.) as long as international Guests 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, et sec. 

b.  Age: Booking party must be over 18 years old.  Some Tours allow minors if accompanied by a
     parent or guardian.

4. Prices and Surcharges

Our prices are contractual tariffs. No claim relating to the price of a Tour will be considered once the reservation is effective.

1. 1. All prices are quoted in US dollars (US$) and must be paid in US$.
      
      
   2. Published Tour price may increase.  Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services and labor sometimes increase the cost of Travel arrangements significantly. While we do everything in our power to keep the prices the same as published we are however occasionally faced with exceptional cost increases or currency fluctuations that we are unable to accommodate. For these reason advertised prices are subject to change.
      
      
   3. Single Supplements and Double Occupancy.  All prices quoted are based on double occupancy. A single supplement (detailed in each individual itinerary) will be charged to Guests who specifically request a single accommodation subject to availability. Single travelers who are willing to share with another single traveler (of the same gender) will not be charged a single supplement, subject to the availability of a roommate. However if a roommate is unavailable to share accommodations, then the full single supplement fee will be charged.
      
      
   4. Amounts not included in Tour price. 

Unless otherwise stated in the description of a Tour, the following amounts will NOT be included as part of one of our Tour’s advertised price:

• • Airfare and any other transportation to or from the Tour
    
    
  • Accommodations, meals, and other travel-related expenses before and after a Tour.
    
    
  • Travel-related expenses incurred because of Force Majeure, or other things out of our control, like weather or transportation delays.
    
    
  • Passport and visa fees (if applicable)
    
    
  • Items of a personal nature such as incidentals, toiletries, etc.
    
    
  • Travel insurance including medical, evacuation, lost baggage and/or trip cancellation
    
    
  • Laundry Services
    
    
  • Tips and gratuities
    
    
  • Appropriate gear or clothing
    
    
  • Costs of any food or drinks not advertised as included in your Tour price
    
    
  • Any other activities or items not explicitly advertised as included in the price of a Tour in its description.

5. Reservations & Bookings

Most of our Tours can be booked online, which is the best option as we only run small group tours and spots can fill up quickly. To make a booking, go to our website at Cat Expeditions or Whale Expeditions, select the tour you would like to book, and click “Book this Tour.”

6. Payment Policy

1. 1. We accept payment via credit card (with a 3% credit card fee), Zelle, Venmo and check mailed to our business address and made out to “RS Travel and Photography”.
      
      
   2. A non-refundable deposit of 25% of the Tour price is due upon booking.
      
      
   3. The remaining balance is due and must be paid in full at least 120 days prior to departure. A client that has not paid in full will not be eligible to join a Tour. Some trips may require the final balance to be paid earlier.
      
      
   4. If payment of the balance of the Tour price is not received by us by the final balance due date, cancellation charges in accordance with Section 7 below will apply.
      
      
   5. If a booking involves a custom Extension or booking through our Concierge Service, either for an individual or a group, our standard cancellation and Tour change policy applies, unless otherwise stated. Most extensions require at least a 25% non-refundable deposit.

7. Cancellation, Substitution, and Alteration Policies.

1. 1. Cancellations attributable to Guest 

Date of Cancellation	Cancellation Charge
275 days or more prior to departure date	25% of the Tour price is non-refundable
0 to 274 days prior to departure date	100% of the Tour price is non-refundable

Please note:

• • In order to cancel participation on a Tour we must be notified, via email pursuant to Section 26 below.
    
    
  • A no-show Guest is treated as a cancellation and forfeits all payments made.
    
    
  • Refunds are not available for things out of our control such as adverse weather conditions or lack of wildlife.
    
    
  • Some trips may involve non-refundable fees paid on your behalf to third-party providers.
    
    
  • We refund your fees in USD and are not responsible for currency fluctuations if you paid in a different country.

2. State-specific Cancellation Terms

• • For California and Illinois Residents only:

Upon cancellation of the transportation or travel services, where the Guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Guest, all sums paid to the seller of travel for services not provided will be promptly paid to the Guest, unless the Guest advises the seller of travel in writing, after cancellation.  In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

• • For Washington Residents only:

If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

3. Substitution of Guests

If any member of your party is unable to travel, it may be possible to transfer the booking to another suitable person; however any additional costs or fees imposed by our Suppliers will be the responsibility of the new Guest.

4. Cancellations and/or Alterations attributable to RS Travel and Photography or Force Majeure

Particularly as a result of causes beyond our control (ie. weather and travel conditions, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, war, pandemic related travel restrictions, or other “Force Majeure”, defined in Section 31), we have on occasions had 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. 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 Guest’s responsibility.

RS Travel and Photography and our Suppliers reserve the right to adjust the Itinerary or change the modes of ground 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.  RS Travel and Photography will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible.

8. Modification of Our Terms and Conditions.

Our Terms and Conditions may be amended or modified by us at any time, without notice.  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 RS Travel and Photography or reviewed our Terms and Conditions.

9. Guests with Tailored Needs or Disabilities.

If you require tailored assistance (e.g., mobility concerns, dietary restrictions, etc.) you must inform us and all relevant Suppliers for your Tour ahead of time and verify that these needs can be met. Depending on the ability to meet those needs, your reservation may be refunded, canceled or modified if tailored needs cannot be met. Due to the nature of photography Tours, we venture into many places are not disability-friendly. RS Travel and Photography make no guarantee as to the ability of us or any Supplier to meet the tailored assistance needs of Guests with disabilities. 

Also:

• Guest should be aware that different countries have their 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 Guests in the Special Laws & Circumstances Section.
  
  
• Consult with your physician before traveling to identify health care needs during your Tour.
  
  
• If your health insurance plan does not provide coverage where you are traveling, we strongly recommend supplemental medical insurance and require medical evacuation plans for all Tours.
  
  
• Carry sufficient prescription medication to last your entire Tour, including extra medicine in case of delay. Some prescription medications that are legal in the United States may be illegal in your destination. See the Department of State information for the specific area where you will be traveling or contact the local embassy or consulate for more information if necessary.
  
  
• Always carry your prescriptions in their labeled containers, not in a pill pack.
  
  
• Carry medical alert information and a letter from your health care provider describing your medical condition, medications, potential complications, and other pertinent medical information.
  
  
• Get official documentation of your tailored needs. Your physician should give you a letter stating that you have a disability and the nature of this disability. If you need special equipment of any kind, oxygen, a walker, paper disposables such as underpants, have this included. If possible, have them add the statement that you have been checked and found free of any communicable disease, particularly HIV Aids. Also have your doctor include the medications prescribed for you. Be sure the medication or drugs you carry on your person or in your luggage match what is on the list.
  
  
• Many doctors are now using a rubber stamp to prevent forgery of their signatures. Be sure the document you get from your doctor receives this stamp to assure everyone your letter is authentic. Make several copies of the letter and carry the original with you at all times. If your doctor does not have the anti-forgery stamp, go to a notary or similar official.
  
  
• Guests with certain conditions, such as late term pregnancies, are prohibited from traveling on our more remote Tours.
  
  
• We cannot accommodate service animals. Contact us about the potential of private workshops if you are required to bring a service animal.
  
  
• Guest certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Tour. Guests who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable.
  
  
• If Guest’s condition potentially requires EpiPens or other emergency tools, it is Guest’s responsibility to bring their own and a back up supply. Guest understands that in the event of injury to Guest, or exacerbation of Guest’s medical condition, we may not be held responsible.

RS Travel and Photography reserves the absolute right to decline a booking at their discretion. If in the opinion of RS Travel and Photography or our local Supplier or guide, the health, or conduct, of a Guest before or after departure appears likely to endanger the safe, comfortable and efficient progress of a Tour, the Guest may be excluded from all or part of the Tour.

10. Insurance.

All Guests are strongly recommended to purchase travel and medical 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 Tour costs. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. RS Travel and Photography recommends the immediate purchase of travel insurance including trip cancellation, flight delay, baggage and repatriation.

On all Tours, emergency medical evacuation insurance is required. On some tours, specific rescue evacuation insurance is required (check Tour description to see if this applies to your Tour). If Guest refuses or otherwise fails to purchase this insurance, Guest’s Tour will be cancelled. At that time, Guest will be treated as if canceling the Tour themselves and a refund per the schedule in Section 7(a) will apply.

Due to the Coronavirus pandemic, we further recommend the insurance purchased is a policy that allows Traveler to “cancel for any reason” as many types of trip cancellation policies do not allow cancellation for Coronavirus related reasons.

It is 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 RS Travel and Photography is not responsible for any uninsured losses.

11. International Travel: Passports, Visas, and Travel Health Requirements. 

It is our Guests’ sole responsibility to verify they have all the necessary visas, transit visas, and passports prior to travel.  Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour.  Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at https://travel.state.gov/content/travel/en/us-visas/tourism-visit.html.

Many international destinations require a passport valid until at least six (6) months beyond the scheduled return date.  Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or accessed online at http://travel.state.gov/content/passports/en/passports.html, or directly from the destination country’s website.  Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc.  Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa. 

You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, etc.), correspond exactly with those appearing on your passport, visas, etc.  We cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements. 

Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate.  You assume complete and full responsibility for, and hereby release RS Travel and Photography from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected.  For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION OR IMMUNIZATIONS.  IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

12. Use of Information and Image. 

RS Travel and Photography may occasionally use statements and testimonials provided by Guests, and/or Guests’ photographs, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote RS Travel and Photography.  You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant RS Travel and Photography a non-revocable license for said use and waive the right to inspect or approve the finished product wherein your likeness appears.  If you would like to opt-out of this provision, or have your statements and/or photographs, images, or other likenesses removed from our website or promotional materials, please notify us in writing.

13. Accommodations. 

RS Travel and Photography provides the accommodations for its Tours through third-party Suppliers and retains no ownership or management interest in those Accommodations. RS Travel and Photography does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors.  If any issues arise, please contact the owner/operators of the respective Accommodations directly.

RS Travel and Photography makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the Guest.

14. Marketing Materials and Illustrative Photos.

RS Travel and Photography 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.

15. Tour Activities and Fitness Requirements.

Our Tours are physically active and interactive, so you must be in good physical condition and health to participate in them. Our Tours may contain a number of available activities. An offered Tour activity may not be appropriate for all ages or for individuals with certain medical conditions. RS Travel and Photography may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.  

Please be aware that some Tours will take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and manmade. We cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard.

Some of our Tours and their activities have specific fitness requirements. We reserve the right to demand medical documentation that Guest is fit and able to participate.  We also reserve the right to cancel participation based on fitness levels. If the Tour leader determines that someone has misrepresented their fitness level, and their lack of fitness represents a safety hazard or is negatively affecting the rest of the group, we reserve the right to terminate their participation in the activity with no refunds given.

If a Tour requires that you are a competent swimmer and/or requires you to have experience snorkeling, we expect Guests to be forthcoming and accurate about their experience level. Some Tours may require special equipment to be used; for some Tours, this equipment or gear will not be provided as part of the Tour price.

It may happen that certain activities referred to in the Tour description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the Tourist season, or when the minimum number of Guests required for providing a given activity is not reached.  In the early or late season some activities may not be available, some of the facilities (restaurants, swimming pools, etc.) may be closed, or maintenance work may be in progress.  As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.  RS Travel and Photography cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RS TRAVEL AND PHOTOGRAPHY SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.

16. Proper Conduct Required During Tour. 

RS Travel and Photography operates Tours in wild and remote areas where conditions can be unpredictable. To ensure the safety of all Guests and wildlife, it is crucial that all Guests obey the rules and regulations set forth the Trip Leaders, Suppliers, and other representatives of RS Travel and Photography, and demonstrate reasonable consideration and respect for all staff, fellow Guests and wildlife. Guests submit that their participation in a Tour may be terminated at any time during the Tour if Guest is disciplined by any civil or criminal authorities, any of our Suppliers, or if RS Travel and Photography, in its sole discretion, determines that Guest’s physical, emotional or behavioral limitations or conduct are incompatible with the enjoyment, interests, safety or welfare of other Guests, the wildlife, or our Service providers, their employees, or independent contractors. Behavior that is deemed to be disrespectful, inappropriate, disruptive, or creates the conditions to endanger or negatively impact others will not be tolerated. All local laws must be observed at all times.

Should any member of the party conduct themselves improperly, RS Travel and Photography reserves the right to order that person to leave without recourse to any refund, compensation or any other legal claim against us. If a Guest is ordered to leave due to violations of conduct, Guest is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.

17. Smoking, Alcohol, Prescription Medications & Illegal Drugs

The use of cigarettes, cigars, e-cigarettes, vaporizers or any other such item  are prohibited where others might be impacted, such as in lodge common areas, in enclosed areas, on boats, or in vehicles. Most of the accomodations where we stay do not permit smoking, and given the wildlife areas we spend time in, there are very limited opportunities where smoking is permitted. We will not alter or change activities to accommodate those who smoke.

Any behavior influenced by excessive drinking or other substance abuse, including prescription or over-the-counter medications, which pose or could pose a threat of safety or enjoyment to any Guest, staff, or wildlife will not be tolerated.  Should this behavior take place, the Guest may be asked to leave the Tour. Any use of illegal drugs (defined as illegal in the country or region visited) is never permitted on any of our Tours and is grounds for immediate dismissal from a Tour. Should a guest be asked to leave a Tour in progress, no refund in part or full will be provided. RS Travel and Photography is not responsible for any expenses incurred by the Guest as a result of their dismissal from the Tour.

18. WILDLIFE OBSERVATIONS & INTERACTIONS

RS Travel and Photography makes every effort to arrange itineraries to places where target species are known to exist. However, these animals are wild, and their exact movements and behavior are out of our control. The quality and number of our wildlife encounters will vary signficantly and may be impacted by a wide variety of factors, including climate change, weather, general shifts in species density and diversity, movements and migrations of wildlife, human-related disruptions, While RS Travel and Photography and our local Supplier(s) will endeavor to create the best possible wildlife viewing experiences, the quality, quantity, and availability of wildlife cannot be guaranteed. Though unlikely, it may sometimes be necessary to make adjustements to accommodations, activities, and itineraries, sometimes without notice, should the location or movement of wildlife change from its normal patterns.

Our priority is always the safety of the Guests and the wildlife. All Guests are expected to act with respect, care and caution around wildlife, and observe all rules, regulations, and instruction regarding interaction with, distance from, and behavior around any wildlife we may encounter. Failure to do so will result in immediate dismissal from the Tour, without any refund.

Under no circumstances will RS Travel and Photography ever bait wildlife or knowingly engage in partnerships with Suppliers who are actively baiting wildlife. All guests are expected to respect the non-baiting policy of the Tour(s) and failure to do so will result in immediate dismissal from the Tour, without any refund.

19. Authority of the Trip Leader

At all times, the decision of the RS Travel and Photography Trip Leader(s) will be final on all matters likely to impact the safety and well-being of the Guests and the wildlife. This includes any decision that a Trip Leader makes about your ongoing participation in the Tour or certain activities that compromise parts of the Tour. If you fail to comply with a decision made by Trip Leader or designated representative of RS Travel and Photography, including Suppliers or local guides, or interfere with the well-being of the group, we reserve the right to dismiss you from the Tour, without any refund.

20. Cameras & Personal Property

RS Travel and Photography requires that all Guests act with respect and care for other Guests, wildlife, staff and anyone else who may be present whenever operating camera equipment. In addition, all Guests are required to operate their equipment safely and appropriately at all times. RS Travel and Photography aims to create equitable photographic opportunities for all Guests. We expect Guests to follow the rules and instruction of the Trip Leader(s) and Local Guide(s) to ensure safe and fair photographic opportunities and experiences.

RS Travel and Photography is not liable for any lost, stolen or damaged personal property including, but not limited to, cell phones, camera equipment, computers, tablets, luggage or personal belongings, money, credit or debit cards, personal identification documents such as passports, licenses or other travel documents, etc. We strongly recommend the purchase of insurance to help protect against potential loss or damage.

21. Legal Compliance Required During Tour.

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. RS Travel and Photography 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 laws.

22. Purchases made during Tour.

Any purchase of goods or services which Guest makes while on the Tour are solely at Guest’s risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering Tour services or any third party.

23. Medical Emergencies.

RS Travel and Photography 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 RS Travel and Photography 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.

24. Guest Complaints.   

If Guest has a complaint about any of the Services in their Itinerary, they should first address it with the appropriate Supplier.  If the Supplier is unable to rectify the situation, Guest should bring it to the attention of a representative of RS Travel and Photography.  It is only if RS Travel and Photography is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to RS Travel and Photography as a problem arises during your Tour will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to RS Travel and Photography within 30 days of the completion of the Tour.

25. Agreement on Non-Competition

Guest acknowledges and confirms that you will not use, copy or gain any benefit or advantage from any trade secrets, confidential information or intellectual property owned by or associated with RS Travel and Photography, its officers, directors, employees, representatives, affiliates, agents, or subcontractors, except where any use and/or disclosure is permitted by United States Law. Guest agrees not to engage in any trade, activity or other venture that may give rise to any damage, competition or loss to RS Travel and Photography, its officers, directors, employees, representatives, affiliates, agents, or subcontractors for the duration of three years.

26. Notices

Any notices required or permitted hereunder shall be given:

1. If to RS Travel and Photography, via email to: [email protected]
   
   
2. If to Guest, at the email or physical address provided by Guest during the registration process.
   
   
3. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

27.  Seller of Travel Registration Information.

1. California Registration Info: RS Travel and Photography is registered with the California Department of Justice.  CST#Pending. Registration as a seller of travel does not constitute approval by the State of California.  California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. RS Travel and Photography has a bond.

This business is a Guest in the Travel Consumer Restitution Corporation (TCRC).

You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale.  The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC.

A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel.  A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA  94977-6001; or by faxing a request to: 415-927-7698.

2. Florida Registration Info: RS Travel and Photography is registered with the State of Florida as a Seller of Travel. Registration No. Pending

3. Washington Registration No. Pending

28. Limitation of Liability.

IN NO EVENT SHALL RS TRAVEL AND PHOTOGRAPHY 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 RS TRAVEL AND PHOTOGRAPHY 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 RS TRAVEL AND PHOTOGRAPHY’S TOTAL AGGREGATE LIABILITY TO THE Guest FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE Guest TO RS TRAVEL AND PHOTOGRAPHY UNDER THIS AGREEMENT.

RS TRAVEL AND PHOTOGRAPHY OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY VENDORS. RS TRAVEL AND PHOTOGRAPHY RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS.  TO THE FULLEST EXTENT PERMITTED BY LAW, RS TRAVEL AND PHOTOGRAPHY DOES NOT ASSUME LIABILITY FOR ANY 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.

29. Disclaimer of Warranties.

UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY RS TRAVEL AND PHOTOGRAPHY ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RS TRAVEL AND PHOTOGRAPHY 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 RS TRAVEL AND PHOTOGRAPHY. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 

30. Indemnification and Release.

You hereby release RS Travel and Photography and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Guest’s participation in a Tour, including but not limited to, any interactions of any kind arising in connection with or as a result of this Agreement. This is a general release of all claims, whether known or unknown, suspected or unsuspected, and specifically waives the rights provided in California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Guest hereby also agrees to indemnify, defend and hold harmless RS Travel and Photography 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 RS Travel and Photography regarding, resulting, or arising from Guest’s participation in a Tour or Guest’s booking of Travel Services.

31. Force Majeure.

RS Travel and Photography 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 RS Travel and Photography’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, hurricanes, drought, volcanoes, war, terrorist attacks, labor disputes, strikes, political unrest, natural or nuclear disaster, pandemics, epidemics, 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 RS Travel and Photography or deemed by RS Travel and Photography to constitute a danger to the safety and well-being of Guests.  RS Travel and Photography reserves the right to cancel any Services described in a Tour Itinerary due to Force Majeure.

32. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. 

These Terms and Conditions and the relationship between you and RS Travel and Photography will be governed by the laws of the State of California without regard to its conflict of law provisions.

Guest and RS Travel and Photography shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Tour, Services offered by us, our website, any literature or materials concerning RS Travel and Photography, 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 San Mateo, California, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its 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.

Guest and RS Travel and Photography agree to submit to the personal jurisdiction of the federal courts in the Northern District of California and state courts located in Santa Clara County, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute.  Guest and RS Travel and Photography 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 courts in the Northern District of California and state courts located in Santa Clara County, California 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 RS TRAVEL AND PHOTOGRAPHY 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.

33. Attorney’s Fees, Costs, and Expenses of Suit. 

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

34. Assignment. 

Guest may not assign his rights or obligations hereunder without the prior written consent of RS Travel and Photography.

35. Severability and Survivability.

If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Guest and RS Travel and Photography agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

36. 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.  RS Travel and Photography 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.