Mobility and Health Requirements
All tours require you to be of good health, free from infectious disease, to able to load and unload from buses and other modes of transportation independently, to walk short distances, and to travel without preventing delay or interfering with the enjoyment of fellow travelers. Inform SUN TOURS when you register for a tour or as soon as known thereafter of any mobility, illness, health restrictions, medical equipment, special needs, or other limitations. For mobility and health assistance, you may have your own companion travel with you at your own expense. SUN TOURS will make reasonable efforts to serve travelers with mobility limitations but is not responsible for any denial of services by suppliers.
SUN TOURS reserves the right to allow or reject mobility or health impaired passengers and/or assistants and to expel any participant, without refund or compensation, whose conduct, health, or mobility limitation compromises the safety, health, or enjoyment of other participants. Health impairment includes but is not limited to failure to provide proof of vaccination against or freedom from COVID-19 or other communicable diseases that are of significant community concern.
Terms and Conditions
Valid as of March 1, 2022
By making a payment to SUN TOURS (“SUN TOURS”) or participating in a SUN TOURS tour, cruise or event (“Trip”) you agree to these Travel Terms and Conditions set forth herein together with any additional documentation we give you (collectively “The Agreement”) and any additional terms and conditions of any Supplier that are applicable to your travel arrangement. The Agreement describes what you are legally entitled to expect from us when you book your Trip, in addition to important obligations you enter into as a traveler (“Member”) that affect your legal rights. Therefore, it is of vital importance that you read The Agreement in its entirety. The lead traveler assumes the responsibility of sharing The Agreement with each traveler for whom they make a booking. In the case the booking is made by a Travel Advisor, the Advisor is responsible to provide all travelers with a copy of The Agreement. SUN TOURS is not responsible for any Member’s unawareness of the Terms and Conditions or any other provisions in The Agreement due to the failure of the lead traveler or Travel Advisor to share this information with all other travelers. If you have any questions about The Agreement you should contact us before making any booking.
You may cancel without penalty within three (3) days of booking, prior to final payment, if you do not agree with these Terms and Conditions.
RESERVATION AND PAYMENT
Each SUN TOURS tour or cruise has specific deposit, payment, and cancellation fee policies. Participants who fail to make payment in accordance with the published payment schedule are subject to tour cancellation or an increase in tour price. A cancellation schedule is published for each tour. The designated cancellation fee in effect at the time of the cancellation request will be deducted from any refund or credit. Some payments for a portion of a tour or cruise are made directly to third-party suppliers. Those payments, if paid with a credit or debit card, will appear on your card company’s statement under the supplier’s name. Refunds of those payments are subject to the policies of the named supplier.
Our team is ready to book your reservation. Final payment is due as indicated on your itinerary. You must make all payments on time and in accordance with the instructions that we provide you. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received. Reservations may be transferrable, depending on the tour.
INCLUDED IN A SUN TOURS TRIP
Prices listed are per person based on double or single occupancy and include: all accommodations; airport transfers and land transportation as detailed in each Trip itinerary; entertainment and special dinners as arranged by SUN TOURS; shore excursions and sightseeing; standard luggage handling (see Luggage Policy); services of SUN TOURS Tour Directors, Cruise Directors and local guides. Meals are included as specified in itinerary. All appropriate gratuities for luggage handling, bellmen, doormen, dining room servers and local guides are included.
Gratuities for SUN TOURS Tour Directors and Drivers are included in the package pricing.
Cabins/Rooms with two beds are usually reserved for doubles. The price for rooms/cabins occupied by one person is higher than those when two or more people share the cost of a room.
NOT INCLUDED IN A SUN TOURS TRIP
Unless otherwise listed, package prices on flyout tours include airfare and related taxes to the departure point from Albuquerque, New Mexico. The terms and conditions of the air carrier including the cancellation terms apply to your airfare. If you are flying to join the tour from outside of Albuquerque, we will provide a transportation credit and reprice the tour from your destination.
Gratuities for hotel housekeeping are optional and not included.
As a service, SUN TOURS will make hotel reservations before or after your trip on a space available basis upon request. These hotel charges will be added to your Trip cost. Personal Expenses such as phone calls, room service, alcoholic and bar beverages, laundry, airline excess luggage charges and other optional incidental extras are not included. This list is illustrative and not a complete list of every item not included.
AIRLINE RESERVATION SERVICES
Airline reservations may be purchased through SUN TOURS for travel originating in the United States, Canada and Australia. By using SUN TOURS ‘s air services, you agree that SUN TOURS in purchasing, selling or otherwise arranging air transportation, is acting only as your agent with air carriers, who are independent contractors. SUN TOURS is not liable or responsible for any accident, death, personal injury, illness, property damage, delay or other loss or expense of any nature whatsoever arising directly or indirectly out of any act of God, or any actions or omissions (including any failure to provide services) or default of, any carrier. Your airline ticket purchased through SUN TOURS constitutes a contract between yourself and the airline. SUN TOURS is not liable for, and does not assume responsibility or accept claims with regard to: seat assignments, name changes, schedule changes, flight changes, missed connections, cancellations, claims for a refund or reimbursement of airline ticket fees, or any other loss or expense incurred by you for any reason whatsoever (including, without limitation to bankruptcy, insolvency, reorganization of a carrier or similar relief from creditors). SUN TOURS must handle ticketing for SUN TOURS ‘s special fares, which are subject to availability and cannot be guaranteed until reserved. Special fares cannot be combined with any other promotional offer. SUN TOURS ‘s air services must be purchased in conjunction with a SUN TOURS Trip. Electronic ticket numbers will be mailed with final documents. Should you cancel or change your flights before or after departure, all airline cancellation and change fees will apply. It is your responsibility to confirm all departures 24 hours in advance and to be aware of any changes by the carrier.
TRIP MEMBER CONDUCT
By participating in a SUN TOURS Trip, a Member agrees to be bound by all rules and guidelines established by SUN TOURS , its representatives and your SUN TOURS Tour Director(s).
SUN TOURS reserves the right to terminate your Trip if you are abusive of others, or your behavior disrupts the Trip or your physical condition negatively impacts the enjoyment of the other guests. SUN TOURS will make no refund and will accept no liability for if you must leave the trip. SUN TOURS is not responsible for any costs incurred by you due to removal from a vacation.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us.
TRIP MEMBER HEALTH AND SAFETY
You participate in the activities of the Trip at your own risk. Climbing, hiking, extensive walking, touring in general, use of various transportation and recreational vehicles, and other physical activity may involve greater risk of injury or death than the activities which you may participate in during your daily life. By taking part in such activities, you incur and assume all of the risks that such activities present. As SUN TOURS is not qualified to evaluate your fitness, you (or your doctor) must evaluate your fitness for any given tour or activity. SUN TOURS assumes no liability or responsibility for any Damages which may result from your participation in any activity during the Trip.
You may be required to sign waivers on or before the departure date. Failure to sign waivers may prevent you from participating in the Trip or from participating in specific Trip activities.
ITINERARY CHANGES AND FLEXIBILITY
SUN TOURS pledges to make every effort to operate all Trips as advertised. Travelers should be flexible as situations may arise that necessitate changes or exceptions to the itinerary. SUN TOURS reserves the right to alter or curtail the itinerary and substitute hotels, sightseeing and/or conveyances as it is deemed necessary. Any savings realized by these changes will be refunded to guests. Any resultant expenses will be covered by SUN TOURS. Every effort has been made to produce all information accurately on our website and in our catalogs and brochures. Signing up for a tour or cruise after the final payment due date may result in a higher trip cost.
You have the right to cancel your reservation with SUN TOURS at any time prior to departure of the Trip. Reservations cancelled before the final payment date are entitled to full refund. However, regardless of reason cancellations result in costly expenses, therefore a cancellation after the final payment date is non-refundable unless the tour is sold out and we can resell the reservation. If we have purchased airfare for the tour, this is non-refundable.
CANCELLATION BY SUN TOURS
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of extreme circumstances as detailed below, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with our cancellation policy above. You are responsible for any additional costs for air tickets or other travel arrangements not made by us.
Due to space limitations during your SUN TOURS Trip, we ask that you please limit your checked luggage to one average-size suitcase per person. Besides complying with the SUN TOURS restriction noted above, you should also be sure to research and comply with all airline baggage restrictions relating to your flights to and from your SUN TOURS Trip. Researching and complying with airline luggage restrictions is your responsibility and SUN TOURS cannot be held responsible for any costs, or disruptions to travel, caused by your
failure to research and comply with airline policies. PLEASE NOTE that if you are booked on a Trip that includes on-tour flights, the checked luggage weight restrictions for these flights may be lower than the weight restrictions for your international flights, details will be provided in your personal travel documents provided prior to your Trip.
Although every effort is made to handle your luggage carefully, we cannot be responsible for loss or damaged luggage and personal effects due to breakage, theft, or fair wear and tear through hotel, airline and ground transportation handling. It is important to have adequate insurance to help cover these eventualities. See SUN TOURS ‘s Travel Insurance page for more information.
TRAVEL DOCUMENT REQUIREMENTS
The Transportation Security Administration requires all passengers to provide their name, date of birth and gender when making all airline reservations. For international travel, US citizens require a passport valid for at least 6 months beyond your return flight date. Non US citizens should contact their booking agent or appropriate consulate for information on all necessary documents. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, and any other requirements to be permitted entry into each destination. Your failure to have proper visas and/or passport will likely result in you not being able to leave a country or enter a destination and no refund will be available in any such case and SUN TOURS will have no liability in such case.
Failure to have proper visas and/or a passport, or other required documents, will likely result in you not being able to leave a country or enter a destination. No refund will be available and SUN TOURS will accept no liability in such a case.
TRAVELING WITH MINORS AS A GUARDIAN
By allowing a minor to participate in a SUN TOURS Trip, the parents and/or guardian of the participating minor agree to be solely responsible for the supervision and welfare of the minor on the Trip and to ensure that the minor follows all written and verbal rules of safety. The parents and/or guardian of the participating minor, for themselves and on behalf of the participating minor, hereby release and discharge, and agree to hold harmless, SUN TOURS from and against any and all Damages (including, without limitation, emotional trauma) suffered or incurred by such minor.
If you are traveling as the guardian of a child/children, we strongly suggest that you carry a letter from both parents of the child authorizing emergency treatment in the event of illness or accident. For travel abroad, many foreign countries have specific entry requirements for children under 21 who are traveling internationally without BOTH parents. (These requirements are in response to the increased incidence of children being abducted and taken abroad.) PLEASE NOTE THAT SUN TOURS IS NOT RESPONSIBLE for the disruption of travel caused by improper documentation for children traveling without both parents.
TRAVELERS NEEDING SPECIAL ASSISTANCE
Special Dietary Requests: The restaurants, hotels, caterers and numerous other partners we work with all do their best to accommodate special dietary requests from you. However, given the diverse nature of those food providers (from small wineries to grand hotels to world-famous restaurants in more than 70 countries worldwide), some of our partners are better able than others to accommodate such requests. We therefore cannot guarantee that all dietary requests can be accommodated at every meal. Also, please note that where dietary requests can be accommodated, choices will frequently be limited.
Mobility: SUN TOURS regrets that it cannot provide special assistance for walking, wheelchairs, motorized scooters, dining or other personal needs. If you need such assistance, you must be accompanied by an able companion who will assist you. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. SUN TOURS may require you to produce a doctor’s certificate certifying you are fit partake in the Trip. If SUN TOURS is unable to reasonably accommodate your needs or believes that your health and safety could be compromised, SUN TOURS reserves the right to refuse you a place on the Trip.
PHOTOGRAPHY AND VIDEO ON TOUR
Occasionally, SUN TOURS will use photographs and / or video taken on tour by fellow guests, your SUN TOURS Tour Director or professional photographers for use in print, internet and other promotional purposes. If you prefer that your image not be used in any marketing activities, please notify your Tour Director at the start of your Trip.
SUN TOURS assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by SUN TOURS that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, SUN TOURS shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind including liability to make any refund. However, in a Force Majeure occurrence, SUN TOURS reserves the right to issue a credit to you in lieu of a money-back refund, applicable to a future SUN TOURS Trip.
SUN TOURS does not own, manage, control, run or operate any transportation or recreational vehicle (including any motor coach, boat, helicopter and/or airplane), hotel, restaurant, or any other supplier of services connected with a Trip. All tour services are subject to the terms and conditions specified by the supplier of such service and to the laws of the countries in which the services are supplied. The passage contract (Conditions of Carriage), when issued by the airlines concerned, shall constitute the sole contract between such airlines and the Trip Member.
LIMITS ON SUN TOURS’ RESPONSIBILITIES
It is our aim to give each of our patrons the best possible service and attention. All Members on SUN TOURS should be aware that, in arranging restaurants, transportation (including air transportation), motels, hotels and other accommodations or any other service, SUN TOURS and its agents, employees, officers, directors, and affiliates are acting only as agent for the Member and assume no liability or responsibility for any accident, death, personal injury, illness, property damage, delay or other loss or expense of any nature whatsoever (collectively, “Damages”) arising directly or indirectly out of any act of God or any actions or omissions of, or default of, any restaurant, carrier (including airlines), motel, hotel, or other person or supplier of services providing any of the services, programs, or accommodations offered in connection with a Trip. All such restaurants, carriers (including airlines), motels, hotels and other persons or suppliers providing services, programs or accommodations are independent contractors.
By participating in a Trip, a Member agrees that SUN TOURS shall not be liable or responsible for any Damages, or any problems concerning any restaurant, carrier (including airlines), motel, hotel, or other person or supplier providing services, programs, or accommodations, resulting directly or indirectly from any occurrences beyond the control of SUN TOURS, including but not limited to acts of God, casualties, vehicle defects, natural disasters, labor disputes, theft, equipment breakdowns, cancellations of itinerary, delayed departures and arrivals, missed connections, quarantines, pilferage, weather, government restraints, hijackings, mechanical defects or failures, terrorist acts, or defaults or negligence by any restaurant, carrier (including airlines), motel, hotel or other supplier providing tour services, programs or accommodations. By participating in a Trip, a Member further agrees that SUN TOURS shall not be liable or responsible for any Damages arising out of or relating to any Trip, except to the extent arising out of SUN TOURS’ gross negligence or willful misconduct.
MODIFICATIONS TO TRAVEL TERMS AND CONDITIONS
SUN TOURS reserves the right to correct any errors or omissions in its published materials and to amend these Travel Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Travel Terms and Conditions shall automatically be effective upon being posted by SUN TOURS to the website SunToursUS.com. Accordingly, guests should check the website SunToursUS.com prior to travel in order to ensure they are aware of any changes.
CONTROLLING LAW AND JURISDICTION
It is agreed by SUN TOURS and the Member that all legal claims, actions and proceedings against SUN TOURS under, in connection with, resulting from or incident to a tour may be instituted, if at all, only in a state or federal court within the State of New Mexico, USA, to the exclusion of the courts of or in any other state or jurisdiction except that SUN TOURS may elect, at its sole discretion, to litigate the action in the county or state where the guest is located. It is further agreed that all such claims, actions and proceedings shall be governed by and decided in accordance with the laws of the State of New Mexico. In no event shall SUN TOURS be liable for other than compensatory damages, and you hereby waive all rights to punitive damages. You agree that you will only bring claims against SUN TOURS in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. You understand and agree that no claims will be considered and that you will not bring suit against SUN TOURS unless you have first provided written notice of claim to SUN TOURS within 30 days after the tour or cancellation of the tour.
You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.