The purchase/payment of any goods, itineraries, travel services or tours offered by Spirited Navigators, LLC, constitutes a contractual arrangement between You, the Customer and Spirited Navigators, LLC, and represents your acceptance of the Spirited Navigators, LLC Terms of Service. You must be at least 18 years of age to make any purchase or booking.
In case of booking a Spirited Navigators, LLC Tour, as the lead traveler, you accept and confirm you have authority and consent to accept, the Spirited Navigators, LLC Terms of Service for yourself and all members of your traveling party.
Note: Travel Services are not available to residents in CA, FL, HI, IA and WA.
SPIRITED NAVIGATORS, LLC SHOP
Once a purchase is placed for any goods, Spirited Navigators, LLC sends an order confirmation via e-mail to the Customer within 24 hours.
The order confirmation is not an acceptance of the offer but only acknowledges that the order was received. The offer is only accepted when Spirited Navigators, LLC confirms that the sale has completed. Spirited Navigators, LLC cannot guarantee the continued availability of any product or designs found on its site or Third-Party Sites linked on the Services.
Spirited Navigators, LLC reserves the right to reject orders for any reason or no reason. If Spirited Navigators, LLC rejects the order, we will notify the Customer.
Spirited Navigators, LLC’s performance of an order is completed when the shipment provider completes delivery to the Customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Spirited Navigators, LLC cannot replace the order in a reasonable amount of time, Spirited Navigators, LLC will notify the Customer immediately.
A. Limited Liability
Information, drawings, figures, technical data, specifications of weight, measurements and services contained on the Spirited Navigators, LLC Shop Page are purely informational. Spirited Navigators, LLC cannot guarantee the correctness of this information. If there is any inconsistency between the information described on the Site and the information in an order confirmation email, the order confirmation email controls.
B. Delivery
Spirited Navigators, LLC warrants that it will ship product orders within 48 hours after orders are placed. Spirited Navigators, LLC will make delivery using a shipment provider of our own choosing. The Customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.
C. Cancellations and Returns of Products
If there is a product defect or if you are dissatisfied with your order for any reason, the Spirited Navigator’s Return Policy will apply, which Spirited Navigators, LLC may change at any time at our sole discretion.
With respect to products sold directly by Spirited Navigators LLC’s Shop Page, NO REFUNDS will be available.
If a product is purchased through an affiliate link, the refund policy of the affiliate applies.
SPIRITED NAVIGATORS CUSTOM ITINERARIES AND TRAVEL SERVICES
All airfare research, accommodation booking, car rental booking, transportation booking, tour booking, excursions, custom itineraries, packing lists provided by Spirited Navigators LLC, outside tour bookings provided through third-party companies, and additional group bookings booked through the Spirited Navigators, LLC Services (collectively the Travel Services) must be prepaid in full at the time of purchase. You agree to pay Spirited Navigators, LLC any and all fees, costs, expenses, taxes, and other charges in connection with your Travel Services purchase (collectively, the Charges). You acknowledge and agree that the Charges will be billed to your payment card per the Spirited Navigator Payment Terms.
All Travel Services are individually curated for you, the Customer. As such, you may not sell, auction, barter, share or transfer the Travel Services to a Third-Party.
A. Delivery of Itineraries
Custom itineraries by their nature are personalized, therefore, delivery dates and forms of delivery are on a case-by-case basis subject to the Customer’s needs.
B. Incidentals
Spirited Navigators, LLC Travel Services do not include any incidental charges, expenses or services, except as specifically described within each plan or itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
C. Cancellation of Travel Services
All Spirited Navigators, LLC Travel Services are non-refundable after 24-hours of placing such order with the exception of Expedited/Short-Notice services, which are non-refundable at the time of purchase. For orders canceled within 24-hours of placement will be refunded minus 4% service fee. After that,
- the Customer is responsible for the full charges, and
- any changes requested by the Customer will incur a change fee. If the Customer purchases Package A but later decides to upgrade to Package B, the Customer will pay the difference in price between the two packages and will incur a change fee of 4%. Upgrades are only available within ten days of initial package purchase.
- any changes to destination after “Phase 1” options have been provided to customer will incur a change fee.
- no refunds will be provided if customer decides to cancel their trip. The trip planning package will be valid for use one year from the original intended date of travel to the original destination only. Changes made to the destination will incur additional fees.
Please note, a “downgrade” in service plan is not available.
Spirited Navigators, LLC will make every effort to create a satisfactory itinerary prior to the Customer’s trip.
D. Rights Reserved
Spirited Navigators, LLC reserves the right to reject orders for Travel Services for any reason or no reason. If Spirited Navigators, LLC rejects the order, we will notify the Customer.
In the event a hotel, trip or event is no longer available after purchase but prior to check-in, the Customer’s sole remedy will be to contact Spirited Navigators, LLC to make alternative arrangements or to cancel your reservation.
E. Travel Insurance
Given the nature of travel services, Spirited Navigators, LLC strongly recommends Customers purchasing any Travel Services or Tours through our Services to obtain independent travel insurance to ensure peace of mind. Unforeseen circumstances, though rare, do occur and it is important that Travelers protect themselves in case of trip cancellations, an interruption for any reason, baggage delays or loss of baggage and medical expenses.
Please note that travel insurance is provided by Third-Party Providers. At the Traveler’s request, Spirited Navigators, LLC will provide Customers with options for providers, and Customers will select the provider of their choosing. Spirited Navigators, LLC is not responsible for any loss of or damage to any luggage or personal belongings. Spirited Navigators, LLC is also not responsible for any loss due to medical emergencies during the trip.
F. Fees and Commissions
Custom Itineraries: Customers have the ability to select various travel plans from the Spirited Navigators, LLC Travel Services page. Spirited Navigators, LLC may make a “commission” from our Travel Packages from Third Parties.
Bookings: Spirited Navigators, LLC may also collect commissions from accommodations, transportation and/or travel excursion bookings from Third Parties.
SPIRITED NAVIGATORS, LLC TOURS
Payment for any Spirited Navigators, LLC Tour, indicates that you and your traveling party agree to enter into a binding travel contract with Spirited Navigators, LLC as the Tour Operator and that you accept the Spirited Navigators, LLC Terms of Service along with the following Spirited Navigators, LLC Tour Terms and Conditions. Your booking is not confirmed until payment is processed by Spirited Navigators, LLC, and you receive written confirmation by Spirited Navigators, LLC within 48-hours.
For each tour, we outline in detail what that fee includes. However, the following are standard for every Spirited Navigators’ Tour:
- Welcome kit;
- accommodations;
- local transportations (including airport transfers);
- activities/excursions (unless otherwise stated); and
- specific meals as outlined in each individual tour page/brochure/details.
Always excluded from Spirited Navigators Tours are the following:
- Medical and travel insurance;
- gratuities;
- personal expenses, such as shopping, meals, optional excursions, telephone charges, etc.;
- airfare;
- transportations before and after the tour; and
- anything not expressly outlined within the tour page/brochure/details
Once a Customer pays their fee, allocation of the fee is at the sole discretion of Spirited Navigators, LLC. The allocation is not disclosed to the Customer.
A. Inaccuracies and Amendments
You are responsible for verifying the accuracy and completeness of your invoice, including but not limited to dates of travel, options selected, and that each traveler matches the relevant passport or government-issued ID used for travel. Spirited Navigators, LLC is not responsible for inaccuracies if we are not notified within 5 days of sending out the invoice.
Spirited Navigators, LLC will obtain photocopies of Traveler passports prior to any international Tour. Spirited Navigators, LLC is not responsible or liable for any changes that need to be made prior to departure due to errors on the Traveler’s part when providing us with this information. For instance, if the Traveler notices his or her passport has expired or does not have the requisite 6-month validation past the travel dates.
Any changes are subject to the fees and penalties as noted on the invoice. In the case of billing errors, Spirited Navigators, LLC reserves the right to re-invoice you with correct pricing.
In case of amendments not related to inaccuracies Mid-Tour:
If a Customer wishes to amend any part of their Tour once the Tour has already begun, Spirited Navigators, LLC may charge a Service Fee to accommodate such changes. Customer will be responsible for any additional costs incurred by the change, including but not limited to the cost of flights, accommodations, transportation, change fees, etc.
B. “Visitor Tax,” “City Tax,” “Tourism Tax”
Some countries charge additional fees labeled as a tax to visit the country. While Spirited Navigators, LLC will make every reasonable effort to anticipate such costs and include them within the flat fee for the Tour, these fees may change unexpectedly. In that case, the Customer will be responsible for any difference in the fee not already covered by Spirited Navigators, LLC. Spirited Navigators, LLC will make every reasonable effort to keep the Customer apprised of any such changes. Customer agrees that Spirited Navigators, LLC is not liable for any cost, loss or damages incurred as a result to any such unanticipated changes.
C. Cancellations
Although the deadlines for each individual Tour will vary, Spirited Navigators, LLC will issue no refunds if the following circumstances apply:
1) the Tour has begun
2) Traveler is a “No-show”
3) Traveler cancels for ANY reason within 30 days (or less) of departure. In some cases, this deadline may be 60 days or more. Travelers should check the cancellation policy of each Tour.
Cancellation fees may also apply to any of the following additional services, including but not limited to extra night accommodations, independently supplied services, and optional excursions reserved prior to, during, and after the tour. If flight changes, including, but not limited to, flight cancellations or name changes, are requested after payment is made, revision fees, change fees, or airline cancellation fees will apply. Airline revision or change fees can be from $300 to $500 depending on the airline.
Cancellation penalties will be quoted at time of cancellation.
D. Itinerary Changes
While Spirited Navigators, LLC will make every reasonable effort to execute the itinerary as agreed upon prior to departure, there may be circumstances beyond our control that may require some changes. Spirited Navigators. LLC will endeavor to make any substitutions comparable to the original itinerary without any additional costs.
E. Documents
Travelers are responsible for obtaining any travel documents and verifying entry requirements necessary for each country of travel on their itinerary. This includes passports, visas, and any required vaccinations. Please note that visa requirements vary by nationality. You may need a visa to enter certain countries. It is the Traveler’s responsibility to make sure he or she meets all entry requirements. Please note that obtaining a visa can take up to six weeks prior to departure. It is strongly advised that you visit the local Consulate or Embassy of the country you are visiting well in advance to determine which visas are required and how to obtain them. Spirited Navigators, LLC may provide this information upon request, but we do not assist in obtaining the visas directly.
U.S. citizens are required to have a passport for all trips outside of the U.S., with an expiration date at least 6 months out from the dates of travel.
Spirited Navigators, LLC is not responsible for any expenses incurred as a result of delays or itinerary changes related to Travelers’ lack of appropriate travel documents.
In the event that Traveler’s passport is stolen or lost during or before the Tour, it is the sole responsibility of the Traveler to obtain a visa. Spirited Navigators, LLC will assist in providing the Traveler with information on obtaining a visa, but Spirited Navigators, LLC will not issue or obtain a visa on the Traveler’s behalf.
For more information on countries requiring visas for U.S. citizens, please refer to the U.S. Department of State website: travel.state.gov.
F. Health Requirements
The physical requirements of Spirited Navigators, LLC Tours vary by itinerary. Spirited Navigators, LLC recommends that Travelers select a tour that is suitable to their own personal physical capabilities. Some tours may require considerable walking and may pose difficulties for travelers with disabilities or impaired mobility. For instance, many historic sites are only accessible on foot and involve stairs or inclines. In some locations, roads may be narrow and winding, often making it impossible to be driven up to your hotel. Since the Americans with Disabilities Act does not apply abroad, service providers on international tours may not have the infrastructure to make special provisions or accommodate special equipment that may be required. If special accommodations are needed, Spirited Navigators, LLC may be required to accommodate disabled Travelers at additional cost.
Travelers are required to disclose any physical disabilities or limitations prior to reserving a Spirited Navigators, LLC Tour in order to determine the appropriateness of the selected itinerary. Spirited Navigators, LLC reserves the right to decline any Traveler whose condition, in Spirited Navigators, LLC’s sole opinion, or in the opinion of a third party providing services on the tour, may affect the health, safety, or tour experience of other travelers.
G. Health Insurance
Spirited Navigators, LLC recommends that all travelers obtain international health insurance when traveling abroad. Spirited Navigators, LLC will not issue any refunds as a result of the Traveler’s illness prior to or during travel.
In the event that a Traveler becomes ill or incapacitated during a Tour, the Traveler authorizes Spirited Navigators, LLC to take any action they deem necessary for the Traveler’s safety and well-being, including securing medical treatment and transporting Traveler home at Traveler’s own expense.
Travelers authorize Spirited Navigators, LLC, in its sole discretion, to contact Traveler’s emergency contact(s) with regard to health issues or any matter relating to the Spirited Navigators, LLC Tour.
In the event of a medical emergency, Travelers authorize Spirited Navigators, LLC to attempt to cause appropriate treatment to be administered. Spirited Navigators, LLC makes no warranty that it will be able to cause effective emergency treatment to be administered. Spirited Navigators, LLC is also not responsible for monitoring any health care that Travelers may necessitate.
H. Traveler’s Under 18
Most Spirited Navigators, LLC Tours are 18+ only. However, from time to time we will offer family-friendly tours, but all minors must be accompanied by a guardian at all times during the tour.
I. Gratuities
Gratuities to third parties including hotel, cruise, and restaurant personnel are not included with the cost of the tour.
J. Airlines
Travelers are responsible for booking their own airfare. Once the tour begins, Spirited Navigators, LLC will handle all hotel and local transportation bookings.
Spirited Navigators, LLC is not responsible if an airline cancels, reschedules, or delays a flight for any reason. You must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Any additional airline fees that may arise through your dealings with the airline are payable to the airline directly at time of request.
If you miss a departure or connecting flight, it is your responsibility to work with the airline to reach your destination. Spirited Navigators, LLC will not provide any refunds for portions of trips missed due to canceled, rescheduled, or delayed flights after airport check-in. Spirited Navigators, LLC is also not responsible for any additional expenses that may be incurred prior to joining your trip if you miss your departure or connecting flight.
K. RIGHT TO TERMINATE BOOKING AT ANY TIME
At its sole discretion, Spirited Navigators, LLC may refuse transport to any traveler or may require any traveler to leave the tour if it is reasonably believed that the traveler:
- is dangerous to others or himself or herself;
- has engaged in the use, solicitation or sale of drugs of any kind, legal or illegal. Prescription medication is excluded.
- has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or Spirited Navigators, LLC representatives, including, but not limited to, behavior that is verbally abusive, physically abusive, disruptive, obnoxious, harassing, discriminatory, or obscene; or
- has failed or refused, or is failing or refusing, to follow the Spirited Navigators, LLC rules and procedures or the instructions of Spirited Navigators, LLC or its representatives.
In the event a traveler is removed, such traveler may be left at any city without any liability to Spirited Navigators, LLC or its representatives. Spirited Navigators, LLC will not be subject to any refunds for any portion of the Tour already paid by any traveler who is removed under the terms of this clause, including but not limited to lodging expenses, medical care, meals, transportation, or any other expenses incurred by the traveler. Traveler will be liable for any costs or expenses incurred by Spirited Navigators, LLC or its representatives in the removal of the traveler or the exercise or enforcement of this clause.
L. Smoking and Drugs
No smoking or drug use of any kind is permitted on any Spirited Navigators, LLC Tour. Prescription medications accompanied by a valid prescription are exempt.
M. Force Majeure
Traveler releases and holds harmless Spirited Navigators, LLC and Spirited Navigators, LLC Tour Guides from any and all losses that may arise from any decisions to cancel, modify or delay the tour due to circumstances of force majeure.
Force majeure are any acts that Spirited Navigators, LLC could not foresee despite all due efforts of due care. This includes but is not limited to any acts of God, war, terrorist activities or threats of terrorists activities, civil strife, riot, insurrection, incidents of violence, nuclear war, public health risks, epidemics, quarantine, substantial currency fluctuations, strikes, government restrictions, fire or severe weather conditions, or any other reason that makes it impossible or commercially unreasonable in the sole opinion of Spirited Navigators, LLC to conduct the tour.
In case a trip must be modified or canceled due to circumstances of force majeure, Spirited Navigators, LLC will share the cost with the Traveler whenever possible, However, Traveler acknowledges that there may be circumstances in which no refund is possible. For instance, if a hotel has no refunds policy that does not take force majeure into account, the Travel must bear the burden of the cost.
N. Release of Liability
Traveler releases Spirited Navigators, LLC, and Spirited Navigators, LLC Tour Guides from any and all claims, of any nature related in any manner to his or her participation in a Spirited Navigators, LLC Tour. This includes, but is not limited to, claims for negligence, breach of contract, breach of express or implied warranties, negligent or wrongful death or any statutorily based claim.
Traveler further unconditionally and unequivocally waives any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever, including attorneys’ fees, on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, property or other damage that he or she may suffer from any cause whatsoever related in any way to his or her participation in any Spirited Navigators, LLC Tour.
Please see the TOS page for the full Spirited Navigators, LLC Liability Policy.
O. Legal
It is the mutual agreement of both you and Spirited Navigators, LLC with regard to the TOS that the relationship between the parties will be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and Spirited Navigators, LLC, will be filed within the courts having jurisdiction within the county of Iselin, New Jersey or the U.S. District Court located in said state. You and Spirited Navigators, LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Please see our TOS DISPUTES section for additional information.
PAYMENT POLICY
Spirited Navigators, LLC sub-contracts third parties (“Payment Processors) to process payment. Spirited Navigators, LLC reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
Currently, Customers and Travelers must pay for all goods and services via PayPal and SquareUp.
Failure to make payment by the due date can and will result in termination of the contract. In the event of cancellation for non-payment, Spirited Navigators, LLC may charge a cancellation fee to cover any costs already incurred in the processing of your participation on the Spirited Navigators, LLC Tour.
A. Insufficient Funds
If the Customer selects a payment method or provides payment information that makes it impossible or impractical for Spirited Navigators, LLC to receive payment (e.g. the Customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Spirited Navigators, LLC’s own, the Customer agrees that Spirited Navigators, LLC may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
If the Customer fails to pay, Spirited Navigators, LLC may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the TOS. Spirited Navigators, LLC is not responsible for any errors by the Payment Processor
PRICING
All prices found on Spirited Navigators, LLC’s Site are final and may change from time to time. Shipping and handling for products are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order.
A. International Customers
For Customers ordering from outside the United States, all product prices are net of local taxes and fees. If according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees.
B. Additional Charges
If additional charges apply to your Travel Services (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Spirited Navigator Services, you will be responsible for paying these charges directly to the service provider.
C. No Guarantees
Spirited Navigators, LLC does not guarantee that we offer the best available rates for products and services available on the Service. Nor do we guarantee the suitability or availability of any Travel Services.
Spirited Navigators, LLC does not guarantee that it can accommodate any special requests (“Special Requests”) in connection with your Travel Services purchase. Special Requests must be submitted at the time of purchase, however, purchase of Travel Services are not contingent upon the fulfillment of any Special Requests. Spirited Navigators, LLC will pass on requests that we deem reasonable to the relevant service providers. Spirited Navigators, LLC cannot guarantee, however, that the service providers will fulfill such requests. Spirited Navigators, LLC is not liable for any failure to fulfill a Special Request.
DISCOUNT CODES
From time to time, Spirited Navigators, LLC may offer promotional discount codes (Discount Codes) or print coupons (Print Coupons) which may apply in respect of any, or certain specified, purchases made through the Services. The conditions of use relating to any discount code will be specified at the time of issue. However, only one promotion code can be used per order. A Discount Code cannot be used after an order has been placed. Expired Discount Codes will not be honored. Discount Codes have no cash value. Print Coupons cannot be combined with online/digital promotions or Discount Codes.
Discount Codes and Print Coupons can be issued to individual Members. It is the Member’s sole responsibility to keep such Discount Code and Print Coupon secret and to not share the discount code or Print Coupon with other Users and/or Members unless expressly permitted.
Failure to use Discount Codes and Print Coupons under the terms of the TOS will lead to a cancellation of the Member’s account.
GIFT VOUCHERS
A. Travel Packages
Gift Vouchers are available for full Travel Packages. Customers must pay the full amount of the package and recipients will be eligible to receive all Travel Services under the specific package. Gift Vouchers for designated monetary amounts are not available for any Travel Services at this time.
B. Spirited Navigators, LLC Products
Gift Vouchers for designated monetary amounts are available for use in the Shop page for Spirited Navigators, LLC products only. Gift vouchers may not be used to purchase any Third-Party products.
ERRORS AND DISCONTINUANCES
Spirited Navigators, LLC strives to be as accurate as possible with our descriptions and pricing information regarding the Products and Travel Services available via the Services. However, Spirited Navigators, LLC cannot warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. Spirited Navigators, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
While we will use our best efforts to fulfill orders, Spirited Navigators, LLC cannot guarantee the availability of any particular Product or Travel Service displayed via the Services. Spirited Navigators, LLC reserves the right, at our sole discretion, to discontinue the sale of any Product or Travel Service at any time without notice. If Spirited Navigators, LLC becomes aware of any such errors, we reserve the right to not process or to cancel any purchase for a Product or Travel Service whose price was:
- incorrectly provided as a result of an error;
- no longer available; or
- changed by the service provider.
If this occurs, Spirited Navigators, LLC, will notify you by email and correct the pricing on the Spirited Navigators, LLC’s Site.
Note: Travel Services are not available to residents in CA, FL, HI, IA and WA.
