Terms & Conditions
YOUR AGREEMENT
Your agreement is with Peony Tours (A subsidiary of Ritz Tours, Inc) and a contract is formed when you make a reservation with us and we accept it. By making or being named on a booking reservation with us and paying a deposit or having a deposit paid on your behalf, you have entered into a legally binding travel contract with us. You agree that you have carefully read and you agree to be bound by the Terms and Conditions in this website and consent to our use of information about you in accordance with our Privacy Policy. We reserve the right under the Terms and Conditions below to cancel your booking reservation, return your booking deposit, decline to issue, or cancel a confirmation.
DISCLAIMER
Travel is personal and each individual’s wishes and experience may differ; Peony Tours will not be bound by, or liable for any description, photograph, representation or warranty made by or provided by any third party sales representative, Travel Agent, or any other person or entity relating to any guided tour offered by Peony Tours.
SECURITY
Your safety and security is a significant concern to all of us and the global situation is subject to constant change. Events around the world, combined with the “Travel Advisories” issued by various governments, may in some circumstances necessitate changes to the accommodations, itineraries or even trip cancellation. You agree to accept the risks involved in travel to any country that may experience security difficulties, and accept responsibility for your own travel decisions
RESERVATION
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DEPOSIT
A deposit of $300 per person is required at the time of booking of the reservation. Reservation will automatically be canceled if your deposit is not received by Peony Tours within 7 days after booking of the reservation. Airfare deposits (if applicable) may apply at the time of booking.
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FINAL PAYMENT
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Land & Air Package:
The balance of the price must be paid at least 60 days (PNI (Iceland Tour) - 90 days) prior to the departure date. Peony Tours may require earlier payment of the airfare portion of your tour. If you book less than 60 days (PNI (Iceland Tour) - 90 days) prior to the departure date, the final payment is due upon booking. If the balance is not paid by the due date, then Peony Tours has the right to cancel your booking and retain any deposit, cancel any airfare from your Land & Air Package, and change your reservation to a Land Only Package. You will be charged a late payment fee of $50 per person for each late payment we receive
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Land Only / Land & Cruise Packages:
The final balance of the price must be paid at least 60 days (PNI (Iceland Tour) - 90 days) prior to the departure date. If you book less than 60 days (PNI (Iceland Tour) - 90 days) prior to the departure date, the final payment will be due upon booking. Peony Tours has the right to cancel your booking and retain any deposit if the balance is not paid by the due date.
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CANCELLATION POLICY
If you cancel your booking, a per person fee will be charged according to the date Peony Tours receives and acknowledges your cancellation as follows:- $100 120 or more days prior to departure date
- $200 60-119 days prior to departure date
- $300 30-59 days prior to departure date
- $500 15-29 days prior to departure date
- $1000 3-14 days prior to departure date
- 100% of Tour Fare Within 48 hours prior to departure including no show on the day of departure
A separate cancellation policy applies to tours PEZ (Switzerland Tour), PNI (Iceland Tour). Please refer to the following.
PEZ (Switzerland Tour) CANCELLATION POLICY：- $300 60 or more days prior to departure date
- $600 45-59 days prior to departure date
- 50% OF TOUR FARE 36-44 days prior to departure date
- 100% OF TOUR FARE 0-35 days prior to departure date
PNI (Iceland Tour) CANCELLATION POLICY
- $100 120 or more days prior to departure date
- $200 70-119 or more days prior to departure date
- 50% OF TOUR FARE 31-69 days prior to departure date
- 75% OF TOUR FARE 15-30 days prior to departure date
- 100% OF TOUR FARE 0-14 days prior to departure date
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CANCELLATION NOTICE
Written notice of cancellation must be received by Peony Tours by e-mail. Your notice of cancellation will only be effective when it is received in writing by us and acknowledged. -
THIRD-PARTY SUPPLIERS' PENALTIES AND CHARGES
In addition to the above stated cancellation charges, if tickets or vouchers for airlines, hotels, cruises, trains or any relevant third-party suppliers have already been issued or confirmation of service has been received at the time of cancellation (regardless the number of days prior to departure), the traveler will be wholly liable for any additional airline, hotel, cruise line, train or other relevant third-party supplier's cancellation penalties and service charges pursuant to suppliers’ rules and regulations. -
SINGLE ROOM SUPPLEMENT CHARGES
In the event of cancellation by your travel companion or roommate, you will be responsible for the additional resultant single supplement charge. -
AIRLINE TICKETS
Peony Tours reserves the right to issue airline tickets immediately upon receipt of your tour deposit. -
CERTAIN ARRANGEMENTS
Please be aware that certain arrangements with third-party suppliers cannot be amended after they have been confirmed and any alteration may incur a cancellation charge to you of up to 100% of that part of the arrangements.
TOUR FARE INCLUDES:
(All prices are in US dollars on per person basis)- AIR TRANSPORTATION
- All flights purchased through Peony Tours for travel originating in the United States are provided by air carriers who are independent operators and are not owned, managed or operated by Peony Tours. Your airline ticket is a contract between you and the air carrier only. By purchasing your air services through Peony Tours you agree to waive all liability to Peony Tours for such air services. Peony Tours is in no way responsible for airline cancellations, reschedules, or delays to a flight for any reason whatsoever. If you purchase air through Peony Tours, we will try to assist you in making new arrangements, providing you have not already checked in with your airline carrier for your first flight segment.
- If you have already checked in you must liaise directly with your airline to reach your destination or to make any alternate arrangements including amendments to return services. Please be advised that airline fees will usually apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Peony Tours for any portion of the trip missed due to canceled, rescheduled or delayed flights after airport check-in, nor is Peony Tours responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection
- For airline tickets purchased through Peony Tours, if any flight schedule requires an overnight stay in a gateway city, Peony Tours can assist you with hotel reservations; notwithstanding this, the cost of the overnight stay (including but not limited to hotel and meals) is at your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time. If you make your own flight arrangements, Peony Tours will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries or travel dates. We strongly advise that you check the airline’s terms & conditions regarding penalties for changes prior to purchasing airline tickets.
- Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, Peony Tours will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes your full name (as it appears on photo ID used for travel), date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as this information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
- Land & Air Packages:
- For travelers that elect to purchase an Air Package along with the Land Only / Land & Cruise Package, a round-trip international economy class air ticket from the gateway and all intra-tour air tickets (if applicable) are included with the tour as per itinerary (except city packages). Gateway cities are specified in the itineraries.
- For departure gateway cities other than those listed on our website, please consult your travel agent or Peony Tours regarding the U.S. domestic add-on airfare.
- Air carrier and routing are at the sole discretion of Peony Tours. Travelers who elect to purchase their own U.S. domestic add-on air tickets to the gateway city do so at their own risk. Peony Tours reserves the right to book all flights at the lowest available fare and also reserve the right to change all airlines used without prior notice.
- All government taxes / fees and fuel surcharges associated with airline tickets are included in the advertised airfare and subject to change at any time during the year. For the most up-to-date prices please check our website.
- Advertised airfare does not include any baggage charge or seat assignment fee. To request an advanced seat assignment, travelers are advised to contact the airline and arrange payment (if any) directly with the airline.
- Certain destination countries may require aircraft cabin insecticide treatment and are listed on the Department of Transportation website.
- Click here to see our complete "Airfare Policy".
- Land Only / Land & Cruise Packages
- Travelers that purchase Land Only / Land & Cruise Packages are responsible for ALL their air segments (unless otherwise specified). Please review the tour itinerary and features carefully, paying special attention to the dates, time, and cities of arrival and departure, and plan your own air itinerary accordingly.
- US domestic flights departing from your hometown are available with the purchase of our tour series. Please check the website for up-to-date offers. Published airfare prices are valid only with the concurrent purchase of our tour series. A 60-day advance purchase is required at the offered prices.
- Travelers that purchase a Land Only / Land & Cruise Package are permitted to change to Land & Air Package 100 days prior to departure without incurring an air surcharge. Travelers who wish to change from a Land Only / Land & Cruise Package to Land & Air Package within 60 - 99 days prior to departure will incur an air surcharge. Do not purchase any airline tickets until we have confirmed your departure date with you.
- Land Only / Land & Cruise Package travelers are responsible for arrival airport transfer to hotel and departure airport transfer from hotel.
HOTEL ACCOMMODATIONS
Hotel accommodations are based on two adults sharing one twin bedded room (2 twin beds). Some hotels may have a maximum room occupancy limit. Triple rooms are subject to availability at the time of check-in and are on request only.
A customer occupying a single room is required to pay a single supplement fee.
When the hotel listed in the brochure or website is unavailable, a similar category hotel will be substituted without prior notice.
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Hotel check-in time is 2:00 pm - 4:00 pm
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Hotel check-out time is 10:00 am - 11:00 am
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Hotel check-in and check-out times vary from hotel to hotel
MEALS
Meals will be provided in hotels, local restaurants, or on the cruise ship as specified in the itinerary. Drinks are not included unless otherwise specified.
ITINERARY VARIATIONS
Peony Tours strives to offer all sightseeing excursions specified in the itinerary, however, all final arrangements will be determined by the local tour escort or tour manager. In rare circumstances which may be beyond our control, such as weather conditions, acts of God or other hazardous conditions, we may be forced to vary itineraries or substitute sightseeing excursions. Where possible we will endeavor to notify you or your travel agent of any changes.
ADMISSION / ENTRANCE FEES
All necessary main entrance fees for sightseeing excursions will be included as specified in the itinerary.
TOUR MANAGER
The service of a professional tour manager is included as specified in the itinerary, however, all city packages, independent packages, extensions, and some destinations such as Africa (but not limited to) will be locally hosted.
TOUR FARE DOES NOT INCLUDE
Round-trip airfare from your hometown (for Land Only / Land & Cruise Packages) or round-trip airfare from your hometown to the gateway city (for Land & Air Packages); meals not mentioned in the itinerary; insurance premiums; charges arising from deviations; any expenses due to delay or changes of schedule, overbooking of accommodations, default of any third parties, sickness, weather, strike, acts of God, acts of terrorism, force majeure, acts of government’s civil disturbances, war, quarantine, customs regulations, epidemics, criminal activity or for any other cause beyond Peony Tours’ control; any personal charges including but not limited to passport and visa fees, any baggage charges, phone bills, postage, laundry, drinks and beverages; any airline's imposed ancillary charges that may change from time to time if any, and maybe without prior notice, including but not limited to hand luggage fee, check-in luggage fee, seating assignment fee, Wi-Fi charges, in-flight meals and entertainment expenses.
GENERAL CONDITIONS
UNUSED TOUR FEATURES
Any unused tour features either on air transportation or for land arrangements are strictly non-refundable, exchangeable or transferable. *Important note: If you or any of your travel companions tests positive for Covid-19 and are unable to continue on your tour or return to your home country as scheduled, you will be responsible for any expenses you may incur (ie. flight expenses, hotel accommodation, transportation, meals, sundry expenses and more). Please note, Peony Tours cannot and will not be responsible for any related expenses.
TOUR PRICE GUARANTEE:
All prices in our brochure and website are quoted in U.S. dollars and are based on rates and costs in effect at the time of printing the brochure or posting on the website. Your tour price is guaranteed once we have received your full payment. Prior to full payment, it is important to note that there may be price changes due to fluctuations in any of the cost factors, such as exchange rate and government imposed surcharges that you will be responsible for. For the most up-to-date prices please check our website.
DEPARTURE GUARANTEE:
Departures are guaranteed with a minimum number of passengers as specified in the itinerary. Should the total number of passengers fall below the required minimum numbers listed below, we reserve the right to cancel the tour, change the hotels, or change to locally hosted services.
- PAK: 2 passengers
- PAF: 6 passengers
- China, South America tours: 10 passengers
- Europe, Egypt, Israel, Jordan, Turkey, Iceland tours: 15 passengers
GUIDED TOUR PARTICIPATION:
Children under 18 years of age must be accompanied by an adult, who will be responsible for their welfare and supervision. Peony Tours strives to offer a safe, enjoyable and unforgettable travel experience for all our guests. Peony Tours welcomes guests with special needs and disabilities. Please note the following:
- Guests must advise Peony Tours prior to departure of any physical medical or other special needs that require accommodating. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide.
- Guests must ensure they are physically and medically able to travel; the majority of our Tours incorporate active elements such as walking to and from buses and vessels, walking long distances, and sightseeing; you are responsible for familiarizing yourself with the level of activity that will be involved in your guided Tour. Please consult your physician regarding your medical condition and ability to travel long distances. Guests (or their travel companions) must be able to carry their luggage and personal belongings while on tour. This may include flights of stairs, reasonable distances on uneven or inclined roads, as well as on and off buses, trains, cruises, etc.
- Peony Tours may impose safety requirements. We reserve the absolute right to decline acceptance of anyone we feel is physically or medically unfit to travel. We further reserve the right to remove you from the guided tour, at your own expense, if your medical or physical condition is such that it poses a threat to the health or safety of you or others, or is otherwise likely to negatively impact the comfort and enjoyment of other guests.
- Peony Tours, its agents, employees, and suppliers do not provide personal devices (such as wheelchairs, hearing aids and walking sticks), or services of a personal nature (such as physically lifting or assisting you onto, or off any vehicles, assisting with eating or dressing). If you require additional assistance of a personal nature you must be accompanied by a companion who will be responsible for independently providing the required assistance.
- Conduct During The Tour: You are responsible for following the directions of the Tour Guide and the laws of the countries visited while on Tour. Peony Tours reserves the right to decline to accept, or retain any person as tour participant, should such person’s health, mental condition, physical infirmity or general deportment impede the operation of the tour or the rights, welfare or enjoyment of other tour participants. Should you decide for any reason not to participate in certain parts of the Tour or use certain goods included in the Tour, no refunds will be made for those unused parts of the Tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you and (b) if you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf
LANGUAGE:
Tour programs are conducted primarily in Mandarin Chinese with some English translations (China series / Europe series / South America series / PIJ / PGE), or in English only (PAF / PAK).
BAGGAGE:
Peony Tours assumes no liability for loss, delay and/or damage to baggage in transit to or from a Tour or while on Tour. All baggage and personal effects are, at all times and in all circumstances, at the risk of the guided tour participant. Peony Tours recommends that guests obtain baggage insurance. Baggage allowance varies by airline and is subject to change at any time; for up-to-date baggage allowance restrictions please check with the airline for the latest baggage policies prior to departure. Please note that some airlines may impose additional charges for check-in baggage, hand baggage or excess baggage. Baggage allowance on overseas internal flights may vary from baggage allowance on international flights. Please be advised that you are responsible for paying for any checked baggage, hand baggage and/or excess baggage charges. Please ask us if you would like a list of your confirmed carriers for overseas internal flights prior to departure in order to check baggage restrictions. Every passenger is limited to one suitcase and one carry-on bag while on tour. Additional charges will apply for excess luggage.
DEVIATION CHARGE :
Any deviation to your itinerary (early departure or late return) is subject to availability. In addition to any airline(s), hotel(s), relevant supplier’s or transfer surcharge(s), you will be charged a fee of US$100 per person for any deviation from the tour.
CHANGE AND NAME CORRECTION FEES:
One change to your itinerary is allowed free of charge after your reservation is confirmed, subject to availability. $50 will be charged per person for each subsequent change. Once documents and/or tickets have been issued, changes are not permitted.
Name corrections may only be made to an existing traveler's name on a reservation. Name corrections are only applicable towards spelling corrections of an existing traveler name on a reservation. Traveler names on a reservation cannot be changed or switched from one individual to another.
TRAVEL DOCUMENTS & E-TICKETS:
In general, all travel documents will be sent to you approximately 21 days prior to departure. Overnight delivery can be arranged at an additional cost. If we obtained an entry visa for you, the passport will be sent with the travel documents.
TRAVEL INSURANCE:
Travel insurance premiums cannot be refunded if your booking is canceled with any penalties or if you have made a travel insurance claim. If we have canceled the tour, the travel insurance premium cannot be refunded in full if it is outside of the “free look” period (10 days for the Nationwide Post Departure plan and 14 days for the STARR Cancellation Plan); however you may move the plan to a future travel date or you may be entitled to a pro rata refund of your premium. Please refer to our Post Departure Travel Protection Plan page and our Trip Cancellation Protection Plan page for more information.
VISAS/PASSPORTS:
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Passport
All customers' passports must be valid for at least 6 months from the return date of your trip. Please consult with your travel agent or Peony Tours if you have a non-U.S. passport.
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Entry Visas
It is the traveler’s responsibility to obtain proper visas in a timely manner. For non-U.S. passport holders, please consult your travel agent or Peony Tours at least 2 months prior to your departure date. Please visit our Visas & Passports page to view visa requirements by country.
Visa fees are non-refundable and are subject to change at any time. Peony Tours is not responsible if you are denied entrance for any reason at any foreign country, even if you hold a valid passport and entry visa. Visa requirements may change at any time. Please check with the Embassy or Consulate of the country which you will be traveling to.
Late Booking:
Bookings made less than 60 days prior to the departure date are subject to availability and a surcharge of $50 per person. Full payment is required at the time of booking.
- All flights purchased through Peony Tours for travel beginning in the United States are provided by air carriers who are independent operators and are not owned, managed or operated by Peony Tours. Your airline ticket is a contract between you and the air carrier only. By purchasing your air services through Peony Tours you agree to waive all liability to Peony Tours for such air services. Peony Tours is in no way responsible for airline cancellations, reschedules, or delays to a flight for any reason whatsoever. If you purchase air through Peony Tours, we will try to assist you in making new arrangements, providing you have not already checked in with your airline carrier for your first flight segment.
- If you have already checked in you must liaise directly with your airline to reach your destination or to make any alternate arrangements including amendments to return services. Please be advised that airline fees will usually apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Peony Tours for any portion of the trip missed due to canceled, rescheduled or delayed flights after airport check-in, nor is Peony Tours responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection
- For flights purchased through Peony Tours, if any air schedule requires an overnight stay in a gateway city, Peony Tours can assist you with hotel reservations; notwithstanding this, the cost of the overnight stay (including but not limited to hotel and meals) is at your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time. If you make your own flight arrangements, Peony Tours will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries or travel dates. We strongly advise that you check the airline’s terms & conditions regarding penalties for changes prior to purchasing airline tickets.
- Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, Peony Tours will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes your full name (as it appears on photo ID used for travel), date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as this information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
Charge for Children:
For children 11 years old and under at the time of travel. Children 12 years old and older at the time of travel will be charged the regular adult price.
Exception: No child fares for PGE, PIJ. Due to health and safety reasons, children under 12 years are not allowed on the tour PAF.
- International Airfare:
100% of the regular adult airfare. - Land Only / Land & Cruise Package Price:
a) If the child shares the same room with two adults and does not require an extra bed, the cost is 80% (China / Europe / PAK) or 90% (PSA) of the regular adult price.
b) If the child shares the same room with two adults but requires an extra bed, the cost is 90% (China) of the regular adult price, or 100% (All other tours) of the regular adult price.
c) If the child shares the same room with one adult, the cost is 90% (China), or 100% (All other tours) of the regular adult price.
Shopping:
Peony Tours' tour managers and representatives are happy to assist you with any shopping requirements while on tour. Peony Tours does not take any responsibility for any items purchased at shops on the tour. You are strongly advised to observe U.S. customs restrictions when bringing home any goods from the Tour (For more information please visit www.cbp.gov).
Privacy Policy:
Peony Tours will not discuss or disclose any details of our client’s personal or trip details with any third party other than the client’s authorized agent, airlines, hotels, land, cruise operators and any relevant third party suppliers.
Errors and Omissions:
Although Peony Tours makes a concerted attempt to verify the accuracy of statements made herein, we are not responsible for any typographical or printing errors, omissions or unintentional misrepresentations made in this brochure or on the website.
OTHERS
Third party suppliers such as, but not limited to, airlines, airports, bus companies, hotels, restaurants, shops, trains have their own safety regulations and insurance policies protecting their clients regarding safety and other issues during the trip. If customers would like to file a claim with third party suppliers, they should contact the supplier directly.
CHARGEBACK DISPUTES
While we do accept major credit cards including Visa and Mastercard, travelers must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Peony Tours retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback.
The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Peony Tours.
- Chargebacks because you do not agree with the cancellation policy.
- Chargebacks resulting from dissatisfaction with any part of your tour and/or services received.
- Chargebacks resulting from confusion about a split charge payment.
Responsibility
Complete Agreement
These booking conditions, together with other terms incorporated into this contract referred to below, represent the entire agreement between the parties.
Changes
Peony Tours shall be responsible to the guest for providing the services and accommodations described on this website, except where they cannot be supplied, or the itinerary is amended due to delays, or other causes of whatever kind or nature beyond the companies control. In such circumstances, the operator will seek to supply comparable services, accommodations, and itineraries and there shall be no refunds in these circumstances.
Disclaimer of Liability
Neither Peony Tours, nor its operator, nor its agents, employees or affiliated entities, (“released parties”) shall be responsible or liable for cancellations, acts of other service providers, diversions or substitutions of equipment or any act, variation or postponement, omission or default by air carriers, land carriers, hoteliers, or hotels, transportation companies, or any other persons providing services, accommodations to guests including any results thereof, such as changes in services, accommodations or facilities. 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 or 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.
Additional Risks
Additional risks and dangers may arise including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft and other means of conveyance, animal interactions, forces of nature, civil unrest, hazardous local customs and practices, differing levels of sanitation, differing health and safety standards, risks associated with water, food, plants, insects and differing wildlife regulation, accident and illness in areas lacking means of rapid evacuation or medical facilities. These risks do not form an exhaustive list but are examples of some of the many kinds of risk. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Peony Tours to participate in such guided tours and associated activities you agree you will not make a claim against Peony Tours, its related companies or personnel, or sue for bodily injury, emotional trauma, death, property loss or damage, or other loss, cost or expense, however caused, as a result of, or relating to your contracting for, traveling to or from, or in any and every other way participating in a guided tour. You release Peony Tours, its related companies and its personnel from any and all claims, known and unknown, arising from contracting for, traveling to and from and in any and every way participating in a guided tour. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors accompanying you. This agreement also binds your heirs, legal representatives, and assigns.
Arbitration as Exclusive Dispute Resolution, Waiver of Trial by Jury, and Class Action Waiver
You agree to present any claims against us within ninety (90) days after the Tour ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Travel Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved on a confidential basis exclusively by binding arbitration in Los Angeles, California according to the then existing commercial rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the travel industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of an arbitration may be confirmed in a court of competent jurisdiction. Such proceedings will be governed by the substantive law of the State of California. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Travel Agreement, including but not limited to any claim that all or any part of this Travel Agreement is void or voidable.
You agree to the exclusive resolution of disputes you may have against Peony Tours is through individual arbitration on your own behalf instead of through any class action. Even if the applicable law provides otherwise, you agree that any arbitration against Peony Tours whatsoever shall be litigated by you and not as a member of any class or as part of a class action, and you expressly agree to waive any law entitling you to participate in a class action. The general conditions under which you agree to utilize the services of Peony Tours may not be amended in any way, except in writing, by an authorized officer of Peony Tours. By utilizing the services of Peony Tours, you agree that the exclusive venue for all claims shall be the County of Los Angeles, State of California, and such claims shall be determined according to the laws and jurisdiction of the State of California.
- All Airfares purchased through Peony Tours for travel beginning in the United States are provided by air carriers who are independent operators and are not owned, managed or operated by Peony Tours. Your airline ticket is a contract between you and the air carrier only. By purchasing your air services through Peony Tours you agree to waive all liability to Peony Tours for such air services. Peony Tours is in no way responsible for airline cancellations, reschedules, or delays to a flight for any reason whatsoever. If you purchase air through Peony Tours, we will try to assist you in making new arrangements, providing you have not already checked in with your airline carrier for your first flight segment.
- If you have already checked in you must liaise directly with your airline to reach your destination or to make any alternate arrangements including amendments to return services. Please be advised that airline fees will usually apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Peony Tours for any portion of the trip missed due to canceled, rescheduled or delayed flights after airport check-in, nor is Peony Tours responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection
- For airfares purchased through Peony Tours, if any air schedule requires an overnight stay in a gateway city, Peony Tours can assist you with hotel reservations; notwithstanding this, the cost of the overnight stay (including but not limited to hotel and meals) is at your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time. If you make your own flight arrangements, Peony Tours will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries or travel dates. We strongly advise that you check the airline’s terms & conditions regarding penalties for changes prior to purchasing airline tickets.
- Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, Peony Tours will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes your full name (as it appears on photo ID used for travel), date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as this information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
