Supera Tours, Inc. (“Supera Tours,” “Supera,” “we,” “our,” and “us”) welcomes you to travel with us! On behalf of yourself and any minor travelling with you on tour, you agree to the following terms and conditions (“Terms”) by accessing or using www.superatours.com (“Site”), paying a deposit or delivering some form of payment to us, obtaining a tour space (through reservation directly by yourself or indirectly from someone else), reserving a tour through a third-party travel agency, or travelling on a tour. These Terms apply to each person on a tour.

Booking Process

Purchase. You may purchase one or more spaces on a tour directly through this Site, with our agent, or a third-party travel agency.

Price. Tour prices are posted on our Site or printed in our tour brochures.

Deposit and Remaining Balance. On the date of your purchase, you must deliver payment of the Deposit as set forth below in the Schedule of Payments. The Deposit reserves a tour space until the remaining balance is due as set forth in the Schedule of Payments.

Complete Payment. Following payment of the Deposit for a tour space, the remaining balance is due either 60 days or 90 days before the Tour Departure Date (which shall be the earliest of an Itinerary’s start date, land tour’s start date, cruise’s embarkation date, or airline’s boarding date) as set forth below in the Schedule of Payments. Payment of the remaining balance secures the tour space’s reservation. Failure to pay the remaining balance due for a tour space releases the reservation.

Schedule of Payments. Amounts and times of payment for each tour space are set forth below in the Schedule of Payments:

 

Schedule of Payments

 

Tour

Deposit Due at Purchase

Number of Days of Remaining Balance Due Before Tour Departure Date

1

Asia

$500

60 Days

2

Europe

$1000

90 Days

3

South America

$500

60 Days

4

Hokkaido in Winter

$1,000

90 Days

5

Hokkaido & Tohoku in October

$1,000

90 Days

Cancellation Policy

Cancellation. A person’s tour space may be cancelled at any time. All cancellations, however, shall be subject to: (a) a processing fee of $50 per person’s cancelled tour space; and (b) liquidated damages per cancelled tour space, the amount of which is set forth below in the Schedule of Liquidated Damages. The parties acknowledge that it will be impracticable or extremely difficult to ascertain actual damages which will be sustained in the event of such a cancellation. Damages include marketing costs, replacement costs, third-party Travel Supplier costs, and other unknown costs. Said liquidated damages are not penalties and shall be in addition to our other rights provided under these Terms and by law.

Schedule of Liquidated Damages. The amounts of liquidated damages for each person’s cancelled tour space are based on the time of cancellation as set forth below in the Schedule of Liquidated Damages:

 

Schedule of Liquidated Damages

 

Time of Cancellation

Liquidated Damages

1

More than 30 days before Tour Departure Day

Deposit Amount

2

30 days or less before Tour Departure Day

Entire Tour Price

Third-Party Fees, Costs and Damages. Cancellations may result in additional third-party fees, costs and damages from Travel Suppliers for which you will be responsible. All such third-party costs, fees and damages are in addition to the foregoing fees and damages, other obligations under these Terms, and rights conferred to us under law.

Compassion Policy. If an immediate family member (parent, sibling or child) of the person for whom a tour space is booked passes away, we may in our sole discretion convert the person’s tour fare to a nonrefundable credit with our receipt of the deceased’s death certificate or a doctor’s executed certification. The nonrefundable credit will be the remaining balance of the person’s tour fare following payment of all Travel Supplier fees, costs and damages. The nonrefundable credit shall be redeemable within one year of the Tour Departure Date. We will endeavor to seek refunds from Travel Suppliers, where appropriate as we determine in our sole discretion. Travel Supplier refunds are not guaranteed as such refunds are subject to third-party terms, conditions, and discretion.

Travel Protection

Travel Insurance. At no additional charge, we provide travel protection. Travel insurance underwritten by Arch Insurance Company will be provided for each person. Subject to separate insurance terms and conditions, travel insurance includes benefits set forth below in the Schedule of Insurance Coverage.

Schedule of Insurance Coverage. Subject to separate insurance terms and conditions, travel protection benefits are set forth below in the Schedule of Insurance Coverage:

 

Schedule of Insurance Coverage

 

Benefit

Coverage

1

Trip Cancellation

Up to $500

2

Trip Interruption

Up to $750

3

Trip Delay

Up to $1,000

4

Lost or Damaged Baggage

Up to $1,000

5

Baggage Delay

Up to $300

6

Emergency Medical Expenses

Up to $50,000

7

Emergency Medical Evacuation

Up to $500,000

8

Political and Security Evacuation

Up to $100,000

9

Accidental death and dismemberment

Up to $10,000

10

Travel Assistance

Included

Underwriter Notice. This provides a broad overview of your policy provisions and does not revise or amend the policy. Insurance coverages are underwritten by Arch Insurance Company, NAIC #11150, under policy series LTP 2013 and endorsements thereto. Policies are administered by Arch Insurance Solutions, 1-877-722-1959, CA License #0I18111, TX License #1787195. Your policy is the contract that specifically and fully describes your coverage. Certain restrictions and exclusions apply and coverages may vary in certain states. Please refer to your policy for detailed terms and conditions. Consumer disclosures can be found at: https://www.archinsurancesolutions.com/state-notices

Additional Coverage. If you seek additional insurance coverage, please visit Arch Insurance Company

Hotel Accomodation

Hotel Rooms. Unless otherwise indicated in writing by us, hotel accommodations are based on the number of tour spaces you have purchased as set forth below.

Sole Traveler. As a sole traveler with one purchased tour space, you will be placed in a double occupancy room with two single (or twin) beds. The double occupancy may be boarded by you alone or, depending on occupancy demand, with another person travelling on the tour. Single occupancy rooms with one single (or twin size) bed may be requested but are subject to availability and may result in additional costs.

Party of Two. Your group of travelers with two purchased tour spaces will be placed in a double occupancy room with two single (or twin) beds.

Even-Numbered Group of Four or More. Your group of travelers with four or more even-numbered tour spaces (e.g., 4 or 6) will be divided among double occupancy rooms with two single (or twin) beds.

Party of Three. Your group of travelers with three purchased tour spaces may be split between two double occupancy rooms (where one person may board with another person travelling on the tour) or, alternatively, your group may board in one triple occupancy room. Triple occupancy rooms may include three single (or twin size) beds or two single (or twin size) beds with one rollaway bed or cot of varying size.

Odd-Numbered Party Greater of Five or More. Your group of travelers with five or more odd-numbered tour spaces (e.g., 5 or 7) will be divided among double occupancy rooms, leaving one person to board with another person travelling on the tour; or, alternatively, your group may be divided among double occupancy rooms and triple occupancy rooms (as described above).

Hotel Room and Bed Size. Generally, single occupancy rooms are smaller than double occupancy rooms. Triple occupancy rooms may be equal in size to double occupancy rooms. Bed sizes may differ between different hotels. Generally, single beds are 36 inches by 75 inches. Twin beds are 39 inches by 75 inches. However, room size for different occupancy levels (i.e., single occupancy, double occupancy or triple occupancy) and bed size for different bed types (i.e., single, twin, rollaway or cot) may differ by country, state, and region.

Hotel Room Configuration, Location and Furniture. Room configurations may vary among different hotels and within a hotel. Rooms may be square, triangular, rectangular, circular, or a combination thereof. Rooms may be located near lobbies, vending areas, recreation areas, pools, parking, elevators, stairways or stairwells, dining areas, common areas, and places of high traffic. Rooms may include desks, couches, sofas, chairs, ottomans, or a combination thereof.

Hotel Ratings, Descriptions and Amenities. We are not responsible for any errors and inaccuracies in any hotel ratings, descriptions and images, and amenities, all of which are provided by third parties. Ratings may differ among classification systems. Descriptions and images may differ from actual experience and observation. Amenities may also differ among different hotels and within a hotel. Amenities include views, terraces or balconies, televisions, computers, internet access, cosmetic products (e.g., hair dryer, irons and ironing boards, combs, sewing kits, and shoe polish utensils), sanitary products (e.g., soap, shampoo and conditioner, toothbrushes, toothpaste, mouthwash, shaving kits, and shower caps), bath towels, additional or hypoallergenic pillows, additional linen, room service, laundry service, concierge service, hotel vending, gyms, spas, recreational centers, pools, and parking.

Hotel Incidentals. Unless otherwise indicated in writing by us, hotel accommodation does not include incidentals such as movies, games, minibars or wet bars, telephone calls, vending machine purchases, gym or fitness room fees, or spas. You will be responsible for the consumption of hotel incidentals.

Hotel Room Requests. We will endeavor to honor your room arrangement requests, which must be made at the time of the tour space’s purchase. However, we reserve the right to change room arrangements without prior notice based on room availability, hotel restrictions, and tour requirements.

Hotel Changes. Overbookings, renovations, and other unexpected events may result in hotel changes. In such an event, a hotel of comparable standard as we determine in our sole discretion will be made without prior notice.

Hotel Rules and Restrictions. You agree to abide by all hotel rules and restrictions.

Air Travel

Airfare. Unless otherwise indicated in writing by us, air travel is subject to the conditions set forth below.

Airline Seating. Airline seat assignments are subject to availability. Seat assignments may not be assignable until check-in. In addition, seat assignments may be changed at the sole discretion of the airline without prior notice. We will endeavor to assist you with your seating requests, but we cannot provide any guarantee.

Airline Ratings and Descriptions. We are not responsible for any errors and inaccuracies in any airline ratings, descriptions, and images, all of which are provided by third parties. Ratings may differ among classification systems. Descriptions and images may differ from actual experience and observation.

Airline Amenities. Unless otherwise indicated in writing by us, airfare does not include amenities such as baggage that exceeds the airline’s baggage allowance, alcohol, telephone calls, and lounge access. You will be responsible for the consumption of airline amenities.

Airline Requests. We will endeavor to honor your airline arrangement requests, which must be made at the time of the tour space’s purchase. However, we reserve the right to change airline arrangements without prior notice based on seating availability, airline restrictions, and tour requirements.

Airline Changes. Airline flight schedules, aircraft, and routes may be changed at the sole discretion of the airline without prior notice.

Airline Rules and Restrictions. You agree to abide by all airline rules and restrictions.

Airline Recommendation. We recommend that you confirm flight information and check-in for your flight on the airline’s website at least 24 hours prior to your scheduled departure. You should arrive at the airport at least two hours prior to departure for domestic flights and three hours prior to departure for international flights. If you are late, you may lose your assigned seat or be denied boarding at your own expense.

Cruises

Cruise Fare. Unless otherwise indicated in writing by us, cruises are subject to the conditions set forth below.

Staterooms, Suites and Cabins. Staterooms, suites and cabins are subject to availability. While the type of stateroom, suite or cabin may be selected, specific stateroom, suite or cabin locations may not be assignable until check-in. Room size and configuration may differ. Bed size may differ. Rooms may be located near lobbies, vending areas, recreation areas, pools, elevators, stairways or stairwells, dining areas, common areas, and places of high traffic. Rooms may include desks, couches, sofas, chairs, ottomans, or a combination thereof. Stateroom, suite or cabin assignments may be changed at the sole discretion of the cruise line without prior notice.

Schedules and Timetables. Cruise ship schedules and port timetables may be changed at the cruise line’s discretion without prior notice.

Cruise Incidentals. Unless otherwise indicated in writing by us, cruise fare does not include incidentals such as movies, alcohol, snacks, casino, telephone calls, room service, internet, spas, and special dining venues. You are responsible for the consumption of cruise incidentals.

Cruise Requests. We will endeavor to honor your cruise arrangement requests, which must be made at the time of the tour space’s purchase. However, we reserve the right to change cruise arrangements without prior notice based on cruise availability, restrictions, and tour requirements.

Cruise Ratings and Descriptions. We are not responsible for any errors and inaccuracies in any cruise ratings, descriptions, and images, all of which are provided by third parties. Ratings may differ among classification systems. Descriptions and images may differ from actual experience and observation.

Cruise Rules and Restrictions. You agree to abide by all cruise line rules and restrictions.

Meals

Meals. Tours include dining arrangements that are set forth in the Itinerary. Meals can be bed and breakfast, half board, or full board as described below.

  • Bed and Breakfast. Bed and breakfast meals mean that breakfast is included in your tour.
  • Half Board. Half board meals mean that your breakfast and evening meals are included.
  • Full Board. Full board meals mean that your breakfast, lunch and evening meals are included.

Meals do not include alcohol.

Restaurant Ratings, Menu Descriptions, and Portions. We are not responsible for any errors and inaccuracies in any eating establishment’s ratings, menu descriptions, and portions, all of which are provided by third parties. Ratings may differ among classification systems. Menu descriptions and portions may also differ.

Substitutions. Overbookings, renovations, and other unexpected events may result in dining substitutions. In such an event, a dining experience of comparable standard as we determine in our sole discretion will be made without prior notice.

Special Diets. We will endeavor to honor your dietary requests, which must be made at the time of the tour space’s purchase. However, as food will be provided by third-party eating establishments, we cannot guarantee that food served will meet your specific dietary requirements and food intolerances.

General Conditions

Price. Set in United States Dollars (USD), prices include all taxes, fees, and carrier-imposed charges.  Unless otherwise indicated in writing by us, prices do not include: (1) hotel incidentals (such as movies, games, internet access, minibars or wet bars, room service, laundry service, telephone calls, vending machine purchases, gym or fitness room fees, or spas; (2) airline amenities (such as additional baggage beyond baggage allowance, alcohol, internet access, telephone calls, and lounge access); (3) cruise amenities (cabin service, telephone calls, internet access, laundry service, alcohol, optional excursions, and spas); (4) government-imposed fees or taxes (such as inspection fees, agricultural taxes, and port taxes); (4) seasonal surcharges; (5) Travel Supplier fees and costs that are outside our control; (6) tips and gratuities to tour directors, drivers, local guides, and other Travel Supplier staff; (7) porterage fees; and (8) personal upgrades and expenses.  All prices are subject to change in our sole discretion without any prior notice. 

Itinerary Changes and Substitutions.  For reasons that are outside our control, Itinerary changes and substitutions may be necessary.  Examples include weather conditions, local or national holidays, construction or sudden closures.  At any time without prior notice, we reserve the right to: (1) change Itinerary stops, activities, and any Itinerary component; (2) substitute Travel Suppliers; and (3) alter the tour.  In certain instances, tours may need to be cancelled altogether.  We reserve the right to cancel any tour without prior notice.

Tour Change Requests.  Requests for tour changes or additional services will be subject to charges.  These charges include a $50 processing fee and additional costs, fees, and expenses charged by Travel Suppliers and other third-party entities. 

Itinerary Deviations.  We shall not be liable for any deviations undertaken by you that are not a part of the Itinerary or planned by us (e.g., unplanned sightseeing excursion advertised by a local hotel or an optional excursion offered by a cruise line).  You shall be solely liable for all such tour deviations that are not included in the Itinerary or planned by us.   

Tour Withdrawal.  Tours with less than 10 people may be withdrawn, cancelled, rescheduled, or altered as we determine in our sole discretion.     

Underutilized Tour Features.  Any unused or underutilized benefits, features, credits, or discounts for a tour may not be transferred, refunded, or redeemed for cash in whole or in part.

Minors and Pets.  Minors under the age of two and pets are not allowed on any tour.     

GENERAL DISCLAIMER.  ALL INFORMATION POSTED ON THE SITE AND PRINTED IN OUR BROCHURES ARE “AS IS” AND ON A “WHERE AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERA TOURS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT INFORMATION ON THE SITE OR IN OUR BROCHURES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE DO NOT WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THE SITE OR PRINTED IN OUR BROCHURES IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE.   

GENERAL LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERA TOURS, INC. (AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY LOSS, ACCIDENT, ILLNESS, INJURY, DEATH, DEMAND, CLAIM, CAUSE OF ACTION (INCLUDING NEGLIGENCE), SUIT, ACTION, FINE, PENALTY, RECOVERY, OBLIGATION, COST, AND DAMAGE OF ANY KIND (INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND GENERAL DAMAGES SUCH AS LOST PROFITS, LOST SAVINGS, PAIN AND SUFFERING) (“LOSS”), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, THAT ARISE OUT OF OR RESULT FROM THE USE, INABILITY TO USE, THE SITE, OUR BROCHURES, OR PRODUCTS AND SERVICES CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.   

Travel Supplier Responsibility.  Supera Tours, Inc. (and our directors, officers, employees, agents, and representatives) shall not be responsible for any loss, accident, illness, injury, death, demand, claim, cause of action (including negligence), suit, action, fine, penalty, recovery, obligation, cost, and damage of any kind (including any special, incidental, consequential, and general damages such as lost profits, lost savings, pain and suffering), whether based in contract, tort or otherwise, that arise from or result from any Tour Activities.  All Tour Activities are engaged or consumed at your own risk. 

All Tour Activities are provided by third-party Travel Suppliers.  Supera Tours, Inc. neither supervises nor controls their actions, nor makes any representation, either express or implied, as to their suitability, reliability, or quality.  We disclaim any inaccuracies and errors of information that is furnished by Travel Suppliers, including without limitation price, product and service descriptions, ratings, and images.   

No express or implied warranties of any type, including implied warranties of merchantability or fitness for a particular purpose, are made with regard to any product or good purchased by you while on tour.  Travel Suppliers may change or cancel Tour Activities without prior notice.  Supera Tours, Inc. shall not be responsible for any such change or cancellation. 

Additional Travel Supplier terms and conditions apply to each tour.  Tickets, vouchers, and other travel documents are subject to all terms and conditions of their respective Travel Suppliers.  You agree to each Travel Supplier’s terms and conditions by accessing or using this Site, paying a deposit or delivered some form of payment to us, obtaining a space on a tour (through reservation directly by yourself or indirectly by someone else), reserving a tour space through a third-party travel agency, travelling on a tour, or using the Travel Supplier’s ticket, voucher or travel document.  

Force Majeure.  Supera Tours, Inc. (and our directors, officers, agents, representatives, and employees) shall not be liable for any loss, accident, illness, injury, death, demand, claim, cause of action (including negligence), suit, action, fine, penalty, recovery, obligation, cost, and damage of any kind (including any special, incidental, consequential, and general damages such as lost profits, lost savings, pain and suffering), whether based in contract, tort or otherwise arising from weather, strikes, natural disasters (including without limitation typhoons, earthquakes, floods, tsunamis, volcanic eruptions, tornadoes, and hurricanes), customs, acts of government, civil disturbances or unrest, hostilities, war, quarantine, mechanical breakdowns, construction failures, port closings, illnesses, diseases, epidemics, criminal activities, terrorism, and events that are outside of Supera Tours, Inc.’s exclusive control. 

Assumption of Risk.  You warrant and represent, on behalf of yourself and any minor travelling with you, that each of you: (1) are in good mental and physical health to travel to each tour destination; (2) obtained all necessary and recommended vaccinations, inoculations, and immunizations for each tour destination; (3) have all necessary documentation for entry into each tour destination and re-entry into the United States, such as visas and passports; and (4) satisfy entry requirements of all tour destinations and meet all travel requirements of the United States. 

You further acknowledge and accept, on behalf of yourself and each minor travelling with you, that each of you: (1) will experience different levels of cleanliness, hygiene, and sanitation; different standards of social etiquette and business protocols; and varying degrees of political stability and security; and (2) may be exposed to deficient emergency facilities, scarcity in hospitals and clinics, and unfamiliar healthcare systems.  

ON BEHALF OF YOURSELF AND ANY MINOR TRAVELLING WITH YOU, YOU ASSUME THE RISKS OF ANY LOSS, ACCIDENT, ILLNESS, INJURY, DEATH, DEMAND, CLAIM, CAUSE OF ACTION (INCLUDING NEGLIGENCE), SUIT, ACTION, FINE, PENALTY, RECOVERY, OBLIGATION, COST, AND DAMAGE OF ANY KIND (INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND GENERAL DAMAGES SUCH AS LOST PROFITS, LOST SAVINGS, PAIN AND SUFFERING) AND YOU ASSUME FULL RESPONSIBILITY FOR THE ACTUAL OCCURRENCE OF THE FOREGOING RISKS.    

RELEASE.  YOU HEREBY RELEASE AND HOLD HARMLESS SUPERA TOURS, INC. (AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) FROM ANY LOSS, ACCIDENT, ILLNESS, INJURY, DEATH, DEMAND, CLAIM, CAUSE OF ACTION (INCLUDING NEGLIGENCE), SUIT, ACTION, FINE, PENALTY, RECOVERY, OBLIGATION, COST, AND DAMAGE OF ANY KIND (INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND GENERAL DAMAGES SUCH AS LOST PROFITS, LOST SAVINGS, PAIN AND SUFFERING) THAT IS CONNECTED WITH OR RELATES TO A DISPUTE WITH A TRAVEL SUPPLIER, WHICH MAY EXIST AT THE TIME OF YOUR TOUR SPACE’S PURCHASE OR ARISE ANY TIME THEREAFTER.

California Civil Code Section 1542 Waiver.  In exercising the foregoing release, you expressly, voluntarily, and knowingly waive all rights and benefits you have or may have under California Civil Code Section 1542 (and any successor statute) which reads 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.

MAXIMUM RECOVERY.  IN NO EVENT SHALL SUPERA TOURS, INC.’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, ILLNESS, INJURY, DEATH, DEMAND, CLAIM, CAUSE OF ACTION (INCLUDING NEGLIGENCE), SUIT, ACTION, OBLIGATION, COST, AND DAMAGE OF ANY KIND (INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND GENERAL DAMAGES SUCH AS LOST PROFITS, LOST SAVINGS, PAIN AND SUFFERING) EXCEED THE AMOUNT OF MONIES THAT YOU PAID TO SUPERA TOURS, INC.  

Limitations Period.  Any demand, claim, cause of action, action, proceeding, or suit arising from, or relating to, your access and use of the Site or our brochures, your purchase of products or services from, the Site, or your travel on a tour must be brought within one (1) year from the date of your Tour Departure Date.   

Indemnification. You agree to protect and indemnify Supera Tours, Inc. (and our directors, officers, employees, agents, and representatives) from and against any loss, accident, illness, injury, death, demand, claim, cause of action (including negligence), suit, action, fine, penalty, recovery, obligation, cost, and damage of any kind (including any special, incidental, consequential, and general damages such as lost profits, lost savings, pain and suffering), including attorney and accounting fees, for your breach of these Terms, breach of any Travel Supplier contract, violation of any third-party rights, violation of any law, and your use of this Site. 

Jurisdiction.  These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 

Mandatory Arbitration.  Any dispute between you and Supera Tours, Inc. (and our directors, officers, employees, agents, and representatives) shall be subject to binding arbitration before JAMS.  All questions regarding the arbitrability of this dispute, including whether the parties have agreed to arbitrate the dispute, shall be decided by such arbitration.  The arbitration shall be held in Los Angeles County, California before JAMS.  Judgment on the arbitrator’s award shall be final and binding, and may be entered in any competent court. 

UNDER THESE TERMS, ALL PARTIES AGREE TO A SIMPLIFIED DISPUTE RESOLUTION PROCEDURE IN WHICH EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY, FULL DISCOVERY, RIGHT TO APPEAL, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.  

Passenger Safety and Accessibility.  At or prior to the time a tour space is purchased, you must advise us of any physical, emotional or mental condition that may require professional attention during the tour, including whether a wheelchair or other mobility equipment is needed.  Wheelchair rentals may be available on some tours at additional cost.  We reserve the right to determine in our sole discretion whether you are fit to travel and to deny anyone who represents a safety and wellbeing risk.  We further reserve the right to remove any person from a tour who, as we determine in our sole discretion, is not fit to continue travel on a tour.  In such an instance, all related expenses (including expenses for returning home) shall be borne by the passenger and no refund or compensation shall be provided whatsoever.   

Travel Health Information.  For health information, we recommend that you consult your family physician and the official website for the Centers for Disease Control and Prevention at https://wwwnc.cdc.gov/travel/.     

Travel Documents.  Passports are required for international travel.  You will not be permitted to depart without necessary documentation.  There may be additional requirements for international travel, such as inoculations and visas, and some countries or states require that passports be valid for six months or longer beyond your stay in the country or state.  Passport and entry requirements are subject to change at any time without notice.  For passport and entry requirements, we recommend that you visit the official website for the US Department of State at www.travel.state.gov.  Special travel documents are required for children traveling with or without their parents.  If you are not a US citizen, you must contact the consulate of the country or state you are visiting to inquire about visa and entry requirements.  You must also contact the US Citizenship and Immigration Services for re-entry requirements into the United States.   It is your responsibility to ensure that you have all necessary documents, satisfy entry requirements of all destinations you wish to visit, and meet all travel requirements of the United States.  Improper documentation and inadequate preparation may result in the denial of boarding, departure, destination entry, re-entry to the United States, and travel.  We accept no responsibility for obtaining any necessary travel documents or advising you of any travel requirements. 

TSA.  The Transportation Security Administration (“TSA”) requires the collection of your date of birth, gender and full name as it appears on the government-issued photo identification you use when travelling.  Failure to provide this information will prohibit tickets, passes, and travel documents from being issued and may result in cancellation of travel reservations. 

California Seller of Travel.  We are registered in California as a seller of travel.  Our travel registration number is CST No. 2060914-40.  Registration as a seller of travel does not constitute approval by the State of California. 

California Travel Consumer Restitution Fund. This transaction is covered by the California Travel Consumer Restitution Fund (“TCRF”) if the seller of travel was registered and participating in the TCRF at the time of sale and if the guest is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the guest is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when you required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the guest to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within six months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or online at http://caag.state.ca.us/travel.

California law requires certain sellers of travel to have a trust account or bond.  This business has a trust account.

Contract Interpretation.  If any provision of these Terms is held in whole or in part to be unlawful, void or unenforceable for any reason, the remainder of that provision and the remainder of these Terms shall be severable and remain in effect.  These Terms contain the entire agreement of the parties.  No other agreement, statement or promise will be binding on the parties.  These Terms may only be modified by subsequent written agreement signed by all parties. 

Privacy

Privacy Commitment.  We respect your privacy.  We do not sell, rent, share or disclose personal information to third parties without your prior consent, except in the limited circumstances set forth below.

Limited Collection of Information.  We collect personal information you provide us when you participate in our tours.  We use the personal information to process your purchase, provide you with high-quality service, inform you about opportunities we believe that may interest you, and administer your account. 

Purchase Fulfillment.  We may provide personal information to a third party to fulfill your purchase of a tour space.  For example, credit card information is passed to a card processor to conduct fraud verification services and complete the card transaction.  We may provide limited personal information to Travel Suppliers to fulfill your purchase of tour activities.  For example, your name, contact information, and passport number may be provided to a hotel to reserve and process your hotel accommodations. 

Compliance with Law.  In addition, we may use or disclose personal information in good faith belief that we are lawfully authorized to so, or that doing so is reasonably necessary to protect you, to comply with legal process or authorities, to respond to any claims, or to protect the rights, property or personal safety of Supera Tours, Inc., our directors, officers, employees, agents and representatives, or the public. 

Protection of Personal Information.  We have physical, administrative and technical security measures in place to protect personal information from loss, misuse or alteration while it is under our control.  We are required to collect, process and maintain payment card information in accordance with the data security rules adopted by credit card companies.  We do not retain credit card security codes or debit card PINs.  In addition, we use security protocols to secure communications online.  With Hypertext Transfer Protocol Secure (“HTTPS”), online communications are encrypted.  

Photos, Images and Videos.  Photos, videos, visuals and audio portrayals (collectively, “photos”) may be taken of you by other tour participants or us while on tour.  You consent to the taking of those photos.  In addition, you grant to us a non-exclusive, royalty-free, transferable, sub-licenseable, perpetual, worldwide license to photos of you in any pictorial medium of any nature in any manner or media (whether now known or hereafter devised) for the purpose of using your photo on our website or using your photo in any promotional materials distributed by us (or by persons or entities deemed appropriate by us).

Definitions

Deposit.  “Deposit” and “Deposits” refer to the first, non-refundable installment of the price for each person’s space in a tour.  The amount of each Deposit is set forth above in the Schedule of Payments.  The Deposit secures the person’s tour space until the remaining balance is due and paid as set forth the Schedule of Payments.

HTTPS.  “HTTPS” refers to Hypertext Transfer Protocol Secure, the encrypted protocol in which online communications are transmitted. 

Itinerary.  “Itinerary” refers to a tour’s planned route that may include destinations, activities, hotel accommodations, meal descriptions and dining schedule, and other travel-related information.  An Itinerary may be posted on our Site or printed in our tour brochures.  

Land Tour.  “Land Tour” or “Land Tours,” whether uppercase or lowercase, refers to a tour that does not include air travel between the United States and the destination country, state or region.  

Loss.  “Loss” refers to any loss, accident, illness, injury, death, demand, claim, cause of action (including negligence), suit, action, fine, penalty, recovery, obligation, cost, and damage of any kind (including any special, incidental, consequential, and general damages such as lost profits, lost savings, pain and suffering), whether based in contract, tort or otherwise. 

Minor.  “Minor” or “Minors,” whether in uppercase or lowercase, refers to children under the age of 18.

Photos.  “Photos” refers to photos, videos, visuals and audio portrayals.

Schedule of Insurance Coverage.  The “Schedule of Insurance Coverage” refers to the schedule of travel protection benefits that is set forth above.  

Schedule of Liquidated Damages.  The “Schedule of Liquidated Damages” refers to the schedule of liquidated damages for cancellations that is set forth above.

Schedule of Payments.  The “Schedule of Payments” refers to the schedule of payments for tour deposits and remaining balances that is set forth set forth above.  

Site.  “Site” refers to www.superatours.com and all its component webpages.   

Terms.  “Terms” refer to these terms and conditions that apply to each person on a tour. 

TCRF.  “TCRF” refers to the California Travel Consumer Restitution Fund.

Tour.  “Tour” or “Tours,” whether in uppercase or lowercase, refers to any land tour, cruise, air travel, or combination thereof.  

Tour Activity.  “Tour Activity” or “Tour Activities” refers to activities, excursions, flights, accommodation, goods, products, services, meals, experiences, and events that you engage in or consume beginning on your Tour Departure Date until your return.  

Tour Departure Date.  “Tour Departure Date” refers to the earliest of the Itinerary’s start date, land tour’s start date, cruise’s embarkation date, or airline’s boarding date for your tour.  

Travel Protection Plan.  The “Travel Protection Plan” refers to the complimentary travel insurance underwritten by Arch Insurance Company that is provided to each person on tour.  Subject to insurance terms and conditions, the travel insurance covers against a range of unexpected incidents that are detailed above. 

Travel Supplier.  “Travel Supplier” or “Travel Suppliers” refers to any third-party airlines, vehicle rental companies, motor coaches, buses, private vehicles, taxicabs, ridesharing operators, trains, railroads, rail lines, railways, cruise vessels, cruise lines, private boats, hotels, restaurants, eateries, food service companies, tour activity providers, tour operators, event coordinators, wholesale or retail travel agents, and travel vendors that provide a service or product to you on a tour.  Notwithstanding any signage or clothing that may identify us or any related trade names or logos, these third-party persons or entities are independent contractors who are not employees of, or joint ventures with, us.    

TSA.  “TSA” refers to the Transportation Security Administration.

You.  “You” and “Your,” whether in uppercase or lowercase, refers to anyone who is accessing or using this Site, paying a deposit or delivering some form of payment, obtaining a space on a tour (by reservation either directly for himself or herself or, alternatively, indirectly by someone else), reserving a tour through a third-party travel agency, or travelling on a tour.