Terms and Conditions

Windswept Safaris Terms and Conditions
Windswept Safaris is a tour operator offering customized tours. The terms “we,” “us,” “our,” and “Windswept Safaris” refer to Windswept Safaris, LLC, a Nevada limited liability company. The terms “you” and “traveler” refer to the traveler making a booking with us and all members of their group.

Contract
We draw your attention to the terms and conditions of travel below. These terms and conditions, including all brochures, documents, correspondence, and the terms and conditions of our suppliers, form the basis of the contract with you. Before making a booking, you must ensure that you have read and understood these terms and conditions. By asking us to confirm your booking, you accept all the terms and conditions laid out below and acknowledge that you have read and agree with them.

If you are booking as a group, the leader is responsible for sharing these terms and conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these terms with all travelers in their group.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.

Violations by You
You agree that any violation of these terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) forfeiture of any monies paid, and (c) denial of access to the applicable travel-related product or service.

Changes to These Terms and Conditions
Windswept Safaris reserves the right, at our sole discretion, to change these terms and conditions at any time. Updated versions will be posted on this website and are effective immediately upon posting. If we make material changes, we will notify you. Your continued use of our services, including maintaining any bookings after changes to the terms and conditions, constitutes your consent to the changes.

Booking/Payment
When you are ready to start your next travel adventure, contact us by email, phone, or by filling out the contact information on the website. After booking, you will receive your itinerary, an invoice with payment information, and other important travel information. Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Supplier. Deposits are postponable and transferable.

Our bookings do not include airfare. Do not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms. We will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier.

Upon booking, we will provide you with payment instructions and due dates. Failure to make a payment may result in the cancellation of your travel, which will be considered a cancellation by you, and the cancellation terms and fees as described below will be in effect.

Traveler Information
While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passports. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Travelers assume full responsibility for any risks or costs involved with failure to report errors or omissions in documentation.

Credit Card Bookings
We accept major credit cards including Visa, Mastercard, American Express, and Discover. You authorize us to charge your card and agree to these terms and conditions, including the cancellation terms. You agree not to make any improper chargebacks. In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you to call us to discuss any questions or concerns. We retain the right to dispute any improper chargeback and recover any costs, including attorney’s fees related to improper chargebacks.

Price and Rate Changes
The price of your itinerary is based on known costs at the date of issue. We reserve the right to change any prices from time to time. At the time of booking confirmation, we will provide you with an invoice reflecting the current price. We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase until we receive your final payment. After final payment, your price is locked in.

What’s Included in Your Tour

Accommodations:
Provided as detailed in your itinerary. Special requests must be made at the time of booking and are at the supplier’s discretion.

Transfers:
Included according to your individual itinerary. You must be on time for all transfers. No refund for missed or unused transfers.

Meals:
As indicated in the itineraries. Special diets should be requested at the time of booking. We will advise the hotels of your request, but we cannot guarantee availability.

Sightseeing/Activities:
Included as provided in the individual itineraries. Be on time for all scheduled experiences. Tours and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available.

Changes to Itineraries:
Windswept Safaris reserves the right to make changes to published itineraries deemed insignificant and due to reasons beyond our control.

What’s Not Included

Any items and matters not referred to in your itinerary are not included in the tour price. This includes, but is not limited to, international and domestic airfare, checked and/or excess baggage, passport and visa fees, trip protection and/or insurances, gratuities for tour guides, laundry, phone calls, minibar, beverages and meals not detailed in the itinerary, Optional Experiences, and all items of a personal nature.

Cancellations

Cancellation by You:
All suppliers have their own cancellation policies, which apply to your booking. Inform Windswept Safaris immediately in writing if you need to cancel. If the reason for cancellation is covered under your travel protection plan, you may be able to reclaim these charges.

Cancellation or Changes by Windswept Safaris:
We reserve the right to cancel or reschedule any departure. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements.

No Refund for Unused Arrangements:
There will be no refund for any unused portion of a travel booking.

Force Majeure:
Windswept Safaris assumes no liability for any loss, damage, delay, or cancellation resulting from an Act of God or any other force majeure condition.

Travel Protection:
It is the traveler’s responsibility to protect their purchases. Travel Protection Coverage, including “cancel for any reason” coverage, is required.

COVID-19 Release of Liability
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you that you or they may be exposed to or infected by COVID-19. You acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and death. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Windswept Safaris.

You acknowledge that due to travel uncertainty, your tour may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. You are responsible for understanding these requirements and must not rely on Windswept Safaris to provide these details.

You agree that due to uncertainty caused by COVID-19, Windswept Safaris requires the purchase of travel protection coverage, including “cancel for any reason” coverage if available. Should you fail to purchase travel protection coverage, Windswept Safaris shall not be liable for any losses.

You, for yourself and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, AND HOLD HARMLESS Windswept Safaris LLC, its members, officers, agents, employees, suppliers, and other tour members, from any and all claims, damages, demands, losses, and liability arising out of or related to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH, OR ANY OTHER LOSS due to COVID-19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this paragraph shall survive any termination or cancellation of this contract.

Destinations and Documentation

Travel to certain destinations may involve greater risk than others. Windswept Safaris urges travelers to remain informed and review travel prohibitions, warnings, announcements, and advisories issued by the United States Government. It is your responsibility to obtain and carry valid travel documents.

Non-Responsibility
Windswept Safaris, and its employees, shareholders, agents, and representatives use third-party suppliers to arrange tours, sightseeing, lodging, and other services. Windswept Safaris is not responsible for any service supplied or not supplied by these suppliers.

Assumption of Risk/Waiver
Traveler is aware that travel may involve inherent risks. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to hold harmless and fully release Windswept Safaris from any and all claims associated with the trip.

Indemnification
Traveler agrees to indemnify and hold harmless Windswept Safaris from any expenses, losses, liabilities, damages, judgments, settlements, and costs involved with or incurred by Windswept Safaris with respect to any claims resulting from traveler’s breach or violation of this Agreement.

Baggage Fees
Check your airline’s website for up-to-date fees and information. Windswept Safaris is not responsible for additional fees incurred for baggage or seating.

Re-Confirm Your Flight
Re-confirm your flight schedule within 24 hours prior to departure directly with the airline.

Insecticide Notice
Check the list of countries requiring airlines to treat passenger cabins with insecticides on the U.S. Department of Transportation’s website.

Pre-existing Medical Conditions/Persons with Disabilities
Advise us before booking if you have any disability or pre-existing medical condition. We will communicate requests to suppliers but cannot be responsible if ADA accommodations are not available.

Health
Windswept Safaris reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel.

Photographic/Video Likeness
Traveler gives consent to Windswept Safaris to publish any photographs and/or videos of the trip or traveler without further consent and without compensation.

Class Action Waiver/Limitation of Damages/Notice of Claim
You agree to bring claims against Windswept Safaris in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding.

Governing Law/Submission to Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any claims shall be brought in a court of competent jurisdiction located in Utah.

Entire Agreement
This agreement constitutes the entire agreement and supersedes all prior or contemporaneous communications and proposals. If any provision of these Terms is unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.