General Terms and Conditions for ABA Travel

These General Terms and Conditions apply to all American Birding Association, Inc. (“ABA”) sponsored travel, tours, events, and additional tour related services (“ABA Travel”).  By signing up for ABA Travel you and all members of your party agree to these Terms and Conditions.

1 Cost and Basis for Rate

Cost of any ABA Travel tour is shown as per person, assuming double occupancy. A supplement is required for single occupancy. All prices and fares are quoted in US Dollars. Under normal circumstances, the cost is guaranteed at the time of booking. In the event that we determine that current costs create an unsustainable financial model, including but not limited to increases in the price of fuel, currency fluctuations, increases in government taxes or levies, or other increased costs, we reserve the right to pass on these costs to you to cover such unexpected increases. We will always provide a transparent accounting of the reason for increase in costs, no later than ninety (90) days prior to the ABA Travel event.  

Costs include all accommodations, meals, non-alcoholic beverages, air and/or train transportation where indicated as included, special access permits, transfers, guiding fees, use of equipment, taxes and service fees. Unused services included are non-refundable. Costs do not include airfare to arrival and departure airports, personal insurance, passport fees, visa, immigration fees, passenger facility charges, immigration fees, international transportation taxes, extra baggage fees, travel vaccinations or health screening/testing fees, nor do costs include items of a personal nature during travel, such as alcoholic beverages, WiFi and laundry. Certain optional itinerary components may be charged separately should you elect to take them.

2 Reservations and Payments

A Deposit. To reserve your space on any ABA sponsored trip, the ABA requires a deposit of fifty percent (50%) of the total tour price to confirm a reservation. Payment is accepted by check, Visa, Mastercard, and American Express. Receipt of your deposit indicates your acceptance of these Terms and Conditions and the Cost and Cancellation Policy for ABA Travel for you and all members of your party.

B Final Payment. The balance, or remaining fifty percent (50%) of the total tour price, is due at the latest sixty (60) days before the start date of the tour. You will receive a reminder ninety (90) days before the start of the tour to pay the outstanding balance. You can also choose to pay the full total tour price upon booking, in which case no subsequent payments are necessary. 

C Confirmation of Booking. You will receive an automated confirmation email as soon as your reservation and payment(s) are confirmed. 

3 Refunds, Cancellations. In the event of your cancellation, you will be charged cancellation fees as set forth in more detail below. If the ABA cancels a trip for any reason, at the ABA’s discretion, either (i) the trip will be rescheduled; or (ii) you will be refunded the tour price, as set forth in more detail below. In case of rescheduling, you will be notified via email of new trip dates. In case of a cancellation, you will be notified via email of the cancellation fees and refund. 

A Participant Cancellations and Revisions. This section shall apply to any cancellations and revisions made by you after paying your deposit for any ABA Travel.

The effective date of any cancellation will be the date on which the ABA receives your cancellation notice. Cancellations may be made by contacting the ABA via email at info@aba.org. Note that airline and train cancellation policies vary by carrier, as well as type of fare used to issue your airline and/or train ticket, and there is no guarantee that the costs of such ticket(s) will be refundable. In the event that the ABA purchased an airline and/or train ticket(s) on your behalf, we will make arrangements for refund or credit where possible.  In the event that you purchased your own airline and/or train ticket(s), you are solely responsible for notifying your airline and/or train provider. We strongly recommend the purchase of trip cancellation insurance. 

Any revisions you make after paying your deposit, such as changing your choice of trip offered through ABA Travel, may be subject to certain cancellation fees.

No refunds are available once a tour has started, nor in respect of any package, accommodation, meals, or any other services utilized.

*Where space is filled by another participant, a portion of your fees may be eligible for a partial additional refund, subject to the sole and exclusive discretion of the ABA. 

B ABA Cancellations. While the ABA makes reasonable efforts to hold advertised ABA Travel events, certain circumstances, including force majeure events, travel restrictions, and lack of participant interest in certain trips may result in the ABA’s cancellation or rescheduling of any advertised trip.  With regard to cancellation or rescheduling of any ABA Travel, the ABA is not responsible for any airline or train ticket fees, other costs, or reimbursements due to cancellation under any circumstance. Note that airline and train cancellation policies vary by carrier, as well as type of fare used to issue your airline and/or train ticket, and there is no guarantee that the costs of such ticket(s) will be refundable. In the event that the ABA purchased an airline and/or train ticket(s) on your behalf, we will make arrangements for refund or credit where possible.  In the event that you purchased your own airline and/or train ticket(s), you are solely responsible for notifying your airline and/or train provider. We strongly recommend the purchase of trip cancellation insurance. 

4 Passports, Visas, Health Requirements. You are responsible, regardless of the passport you hold, to check with the appropriate consulates to determine the applicable passport, visa, governmental entry or exit requirements, and health certificates, testing, or vaccinations required. Entry and health requirements are subject to change without notice, you are advised to verify entry and health requirements well in advance of travel.  

5 Travel insurance. We strongly recommend that, at the time of the booking, a comprehensive travel insurance policy be purchased, which includes “cancel for any reason” type coverage. 

6 Health Conditions. ABA Travel tours are accessible for all persons in good health, but they do not require an exceptional physical condition or any technical or special knowledge (unless indicated so), but the travelers must be ready to (and willing to) provide a reasonable physical effort in relation with the tour chosen. You are responsible for informing the ABA or its tour leader of any known illness, disabilities, allergies, or medical condition prior to travel. If you are under medical prescription, you must have your medication with you in your immediate possession at all times during the tour and should inform the guide of your condition. If your health or conduct appears to endanger the safe and sound progress of a tour, you may be excluded from the tour at the sole and exclusive discretion of the guide. Furthermore, it is recommended that you have adequate health and/or hospitalization insurance in your respective home county. 

7 Risks. ABA Travel tours may by their very nature involve an element of risk for you beyond the level of risk normally associated with holiday packages. You must accept these attendant risks and also be aware that safety standards of providers (hotels, tours, transports) may not be of the same standard as in your home country. Due to political and cultural differences, as well as generally tougher physical conditions, travel to many destinations involves risks other than those you may take in your daily life. You must be aware of this fact and should make your travel decisions accordingly.  Additional risks may arise including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, bus, car, truck, aircraft and other means, animals, forces of nature, unrest, differing levels of sanitation, differing safety standards, risks associated with water, drinks, food, plants, insects and animals, diseases and transmission of disease to you or members of your family or party, accident or illness in areas of difficult evacuation or poor medical facilities, acts of governments, civil unrest, riots, disturbances, war, extortion, kidnapping, and other dangers of traveling in places with unsafe or unstable political environments, and travel in areas where transportation and lack of infrastructure may prevent rapid evacuation; including occurring during the trip or while coming to or returning from the trip. You are voluntarily participating, knowing there are risks. You agree to accept any and all risks. 

8 Force Majeure Events. You acknowledge and accept that the ABA, its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual tour members shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours. Further, the ABA, its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war, civil disturbance, terrorism, weather conditions, defect in any vehicle of transportation, other force majeure event, or for any misadventure or casualty or any other causes beyond the ABA’s or its agents’ or suppliers’ control. 

9 Booking Arrangements. In all booking arrangements, the person making the booking is deemed to have accepted the booking conditions on behalf of all the persons named in the booking. Your participation, and the participation of all persons you book for will be governed by and subject to these General Terms and Conditions for ABA Travel. No variation to these General Terms and Conditions for ABA Travel shall be of any effect unless made in writing by and with the authority of the ABA. 

10 Release. To the maximum extent permitted by law, neither the ABA nor its officers, directors, employees, agents or affiliated entities (“Released Parties”) shall be responsible or liable for cancellations, acts of other service providers, diversions or substitution of equipment or any act, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to guests including any results thereof, such as changes in services, accommodations or facilities, or losses due to or changes related to any force majeure event. Nor shall they be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. The Released Parties shall not be liable for indirect, special or consequential damages and are not responsible for any criminal or other conduct by third parties, whether criminal, intentional, grossly negligent, negligent or otherwise. YOU HEREBY RELEASE AND DISCHARGE THE RELEASED PARTIES FROM, AND AGREE NOT TO MAKE A CLAIM AGAINST ANY OF THEM, FOR ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, ARISING FROM CONTRACTING FOR, TRAVELING DURING, AND IN ANY AND EVERY WAY PARTICIPATING IN A TRIP EVEN WHERE CAUSED BY NEGLIGENCE OF ANY OF THESE RELEASED AND DISCHARGED PERSONS AND ENTITIES. THIS RELEASE AND DISCHARGE OF LIABILITY, ASSUMPTION OF RISK AND AGREEMENT NOT TO MAKE A CLAIM IS ENTERED INTO ON BEHALF OF YOU AND ALL MEMBERS OF YOUR PARTY, ALSO INCLUDING MINORS. THESE GENERAL TERMS AND CONDITIONS FOR ABA TRAVEL ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS. 

11 Changes to ABA Travel. The ABA reserves the right to cancel, change or substitute any service and to decline to accept or retain any tour members at any time for any reason. 

12 Changes to Terms and Conditions.  The ABA reserves the right to amend these General Terms and Conditions for ABA Travel at any time. All amended terms and conditions shall automatically be effective upon being posted on the ABA’s website. 

13 Personal Property. All baggage and personal property are at all times and in all circumstances at the risk of the trip participant. We recommend that you obtain appropriate insurance to cover the cost of any loss or damage. The guides, transportation providers, hotels and other suppliers who provide services during an ABA Travel event are independent contractors; they are not agents, employees or servants of the ABA, and are subject to the laws of the countries in which the services are supplied. 

14 Participant Conduct. Participation in ABA Travel requires compliance with certain standards of behavior.  Any participant exhibiting behavior determined, at the sole and exclusive discretion of the ABA, its guides, or other agents, to be: (i) verbally abusive or offensive language towards anyone; (ii) uninvited physical contact, harassment, violence, or threats of violence; (iii) excessive consumption of alcohol; (iv) possession or carriage or use of restricted substances or illegal or non-prescription drugs; (v) failure to comply with a guide’s reasonable direction to maintain health, order, and/or safety of the trip or its participants; (vi) conduct that disrupts, in the guide’s opinion, other participants general enjoyment, well-being or the operation of the trip for any reason; (vii) possession or use of dangerous items such as fireworks or weapons; (viii) violates the laws the country in which the trip is operating; (ix) conduct that damages the reputation of the ABA or its guides or otherwise damages the goodwill of the ABA, may result in immediate suspension from the trip. When you make a booking, you accept full responsibility for the proper conduct of all members of your party.  The ABA reserves the right at any time and at our discretion to terminate the travel arrangements and/or cease to deal with any party member(s) whose behavior in the reasonable opinion of us or our guides or other suppliers is in violation of these general standards. No refund will be made, and the ABA shall have no obligation to pay compensation or meet any costs or expenses, including but not limited to alternative accommodation and return transportation arrangements, any participant may incur as a result of the travel arrangements being terminated. 

15 Disclaimer of Warranties. All ABA Travel is subject to the General Terms and Conditions for ABA Travel set forth herein. The ABA warrants only that the services shall be generally, though in connection with changes and uncertainties of travel, not necessarily precisely, as described.  To the maximum extent permitted by law, all other warranties, whether express or implied, including warranties of fitness for a specific purpose and warranties of merchantability are expressly excluded. There is no warranty that extends beyond the description of the face hereof. 

16 Governing Law. These General Terms and Conditions for ABA Travel are deemed to be entered into in Delaware City, Delaware. The exclusive venue for any action concerning the interpretation, enforcement, or breach of any term, obligation, or duty as contained or related to these Booking Conditions or any grievance relating to the trip shall be solely in the state and federal courts situated in the State of Delaware. These General Terms and Conditions for ABA Travel shall be construed according to the internal laws of the State of Delaware without regard to conflicts of law principles. All claims must be submitted in writing and received by the ABA no later than sixty (60) days after completion of the date of travel. Participant claims not submitted and received within this time shall be deemed to be waived and barred. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the terms of these General Terms and Conditions of ABA Travel, or concerning any grievance relating to the trip, the prevailing party shall be entitled to recover actual reasonable attorneys’ fees, costs and expenses. 

17 COVID-19 Vaccinations.  Until further notice, COVID-19 vaccination is a requirement to participate in any and all ABA Travel.  Exact vaccination requirements are dependent on country of residence, county(ies) visited, and other laws, rules, and regulations of local vendors. The ABA will do its best to communicate with you after booking, and prior to travel, as rules are subject to change.  Acceptable proof of COVID-19 vaccination includes a certificate issued at national or subnational level or by an authorized vaccine provider (e.g., the CDC vaccination card), vaccination certificate with QR code, digital pass via Smartphone application with QR code (e.g., United Kingdom National Health Service COVID Pass, European Union Digital COVID Certificate), digital photos of vaccination card or record, downloaded vaccine record or vaccination certificate from official source (e.g., public health agency, government agency, or other authorized vaccine provider), or a mobile phone application without QR code. All forms of proof of COVID-19 vaccination must have all of the following (i) personal identifiers including full name plus at least one other identifier such as date of birth or passport number that match the personal identifiers on the passenger’s passport or other identity documents; (ii) the name of official source issuing the record (e.g., public health agency, government agency, or other authorized vaccine provider; and (iii) vaccine manufacturer and date(s) of vaccination.  Requirement for boosters or additional vaccination is subject to state, federal, and national guidelines, the rules and requirements of vendors such as airlines and other carriers, including applicable to your country of citizenship, and countries visited during ABA Travel. 

18 Photography.  We reserve the right to take photos, videos, audios, and otherwise capture images of participants during the operation of any tour, for ABA Travel promotional and related use by the ABA in publications and digital media without compensation to you. Copyright in all photo, video, audio, and related materials are the exclusive property of the ABA. Any photos, videos, or related materials taken by you and shared with the ABA remain your copyright, and by sharing those with the ABA, you grant the ABA a non-exclusive, worldwide, irrevocable license to the ABA for use in any format. 

American Birding Association, Inc.

PO Box 744

Delaware City, DE 19706

info@aba.org

(800) 850-2473

Updated March 15, 2022