These Terms and Conditions govern your relationship with Utopian Paradise ("we," "our," or "the Agency") in relation to the travel services we provide. By using our services, you agree to these terms, so please read them carefully.
1. Definitions
Client: Refers to the person, persons, or company using the services of Utopian Paradise.
Agency: Refers to Utopian Paradise, which facilitates and arranges travel services.
Travel Services: Includes flights, accommodations, tours, excursions, travel insurance, transfers, and any other travel-related services.
Third-Party Supplier: Refers to airlines, hotels, tour operators, and other entities providing travel-related services, with whom Utopian Paradise partners.
2. Booking Process
2.1. Booking Confirmation
Upon receiving your request for a booking, Utopian Paradise will confirm the availability of the requested travel services.
A booking is only considered confirmed once Utopian Paradise issues a written confirmation, which may be delivered via email, and the deposit is paid in full.
2.2. Deposit & Payment Terms
A non-refundable deposit is required at the time of booking, which will be outlined in the booking confirmation.
The remaining balance must be paid by the due date, typically 60 days before departure unless otherwise specified.
Failure to pay the balance by the due date may result in cancellation of the booking and forfeiture of the deposit.
Upon joining a hosted experience or trip, participants have the opportunity to select their preferred payment plan. The scheduled dates for auto-drafting payments will be provided prior to the checkout process. In the event that these dates are not adhered to, a late fee of $200 will be automatically imposed if the account or payments are not rectified within 24 hours following a declined payment. Please be advised that there are no exceptions to this policy. Additionally, a $200 late fee will be applied for each unsuccessful payment transaction. To prevent incurring unnecessary fees, we strongly encourage you to log into your portal and update your payment methods as needed.
2.3. Payment Methods
We accept payments by credit card, bank transfer, and other methods as specified by Utopian Paradise. Bank fees may apply for international transactions.
Credit card payments may incur a processing fee of up to 4% of the total payment amount.
3. Changes and Cancellations
3.1. Client-Initiated Changes
Any changes requested by the Client after the booking is confirmed may be subject to availability and may incur additional fees.
Changes must be requested in writing, and Utopian Paradise will confirm whether the changes can be accommodated.
3.2. Client-Initiated Cancellations
Cancellation by the Client must be communicated in writing. The following charges will apply:
More than 60 days prior to departure: Loss of deposit.
Between 59 and 30 days prior to departure: 50% of total booking cost.
Less than 30 days prior to departure: 100% of total booking cost.
If a refund is due, it will be processed within 30 days of cancellation, minus applicable cancellation fees.
Kindly examine the details section of each trip or experience page to ensure a comprehensive understanding of the policies outlined therein.
3.3. Agency-Initiated Changes or Cancellations
Utopian Paradise reserves the right to modify or cancel bookings due to circumstances beyond its control (e.g., natural disasters, strikes, pandemics). In such cases, the Agency will endeavor to offer suitable alternatives. If no alternatives are available, a full refund will be issued, excluding services already rendered.
4. Travel Documentation
4.1. Passport and Visa Requirements
The Client is solely responsible for ensuring they have a valid passport, visas, and other necessary travel documents.
Utopian Paradise is not responsible for any issues arising from failure to obtain or present proper documentation.
4.2. Health Requirements and Vaccinations
The Client is responsible for complying with any health requirements, including vaccinations, that may be required for travel to certain destinations.
5. Travel Insurance
Utopian Paradise strongly recommends that all Clients purchase comprehensive travel insurance when booking.
The insurance should cover trip cancellations, medical expenses, lost baggage, flight cancellations, and other travel-related risks.
The Client understands that Utopian Paradise is not responsible for any costs incurred due to lack of insurance coverage.
6. Liability and Limitations
6.1. Third-Party Services
Utopian Paradise acts as an agent for third-party suppliers, such as airlines, hotels, and tour operators. While we strive to work with reputable suppliers, we do not control these third parties and are not responsible for their acts, omissions, or breaches of contract.
The Client acknowledges that any claims relating to third-party services must be directed to the third-party supplier.
6.2. Liability Limitation
Utopian Paradise is not liable for any injury, loss, damage, delay, or inconvenience arising from any cause outside of its direct control, including but not limited to acts of God, weather conditions, civil unrest, strikes, and government actions.
Our liability for any claim relating to our services is limited to the amount the Client paid to Utopian Paradise for those services.
6.3. Force Majeure
In the event of force majeure (e.g., natural disasters, pandemics, war), Utopian Paradise is not liable for any delay, modification, or cancellation of travel services. We will make reasonable efforts to assist in rearranging travel plans but cannot guarantee refunds from third-party suppliers.
6.4. Suppliers of Travel Services
Suppliers providing travel services (such as airlines, hotels, tour operators, and other third-party providers) operate independently from Utopian Paradise. These suppliers are separate entities that are not controlled, managed, or employed by Utopian Paradise. They are not employees, agents, affiliates, or representatives of the Agency, and as such, Utopian Paradise has no direct control over their actions or business practices.
Utopian Paradise is not liable for any breach of contract, failure to comply with laws, negligence, or wrongful acts committed by any supplier, whether intentional or accidental. This includes, but is not limited to, situations involving price changes, delays, inconveniences, damages, losses, injuries, or fatalities that may affect travelers or their companions.
Each supplier operates under its own terms and conditions, which are independent of Utopian Paradise's Terms and Conditions. Any travel documentation provided to you (including but not limited to receipts, confirmations, and tickets) will be subject to the specific terms and conditions of the respective supplier. By completing a booking and making payment for travel services, you acknowledge and accept the terms under which the suppliers operate.
6.4.1. Supplier Terms and Conditions
It is your responsibility to carefully review and comply with the terms and conditions set by each supplier. These may include, but are not limited to:
Timely payment of any amounts due to the supplier.
Adherence to the rules, restrictions, and policies regarding the use and availability of travel services.
Failure to follow a supplier's terms could result in the denial of service, cancellation of reservations, and forfeiture of any amounts paid. Should this occur, you agree to bear any resulting costs and, where applicable, reimburse Utopian Paradise for any expenses incurred due to such violations. Some suppliers may also require you to sign a liability waiver before you can participate in their services.
6.4.2. Supplier Financial Stability
In the event that a supplier files for bankruptcy or ceases operations, they may not be obligated to provide services or issue refunds. While some suppliers may continue offering partial or full services despite financial difficulties, others may cease operations entirely. Should this occur, alternate suppliers may, at their discretion, provide substitute services, but they are not legally required to do so.
Please note that Utopian Paradise is not authorized to provide refunds or financial compensation in cases where a supplier declares bankruptcy. Additionally, Utopian Paradise has no special insight or knowledge regarding the financial status of any supplier and cannot guarantee their financial stability at the time of booking.
6.4.3. Promotions and Availability
All promotional offers, discounts, prices, and incentives provided by suppliers are subject to availability and may change without notice. Utopian Paradise has no liability for changes in these offers, and all supplier-based promotions are contingent upon the supplier's terms and conditions at the time of booking.
6.5. Air Travel
Airline tickets may need to be paid for in full at the time of booking, as required by the respective airline or travel supplier. Once purchased, many airline tickets are non-refundable and non-transferable, in accordance with the supplier's terms and conditions. In most cases, changing the name on a ticket is treated as a cancellation. Be aware that the requirements for domestic flights may differ from those for international flights.
6.5.1. Seat Assignments and Additional Airline Fees
Seat selections are typically subject to availability at the time of booking and payment. However, airlines retain the right to modify seat assignments, alter aircraft, or make other operational changes at any time. Utopian Paradise cannot guarantee specific seat locations or that travelers will be seated together.
Please note that certain airline services, such as seat selection, baggage allowances, carry-on items, in-flight meals, and beverages, may incur additional charges. It is your responsibility to:
Confirm airline rules and the availability of such services, including baggage allowances, in advance.
Pay any applicable fees for these additional services.
6.5.2. Responsibility and Liability
Utopian Paradise is not liable for:
Fees or charges imposed by airlines for extra services, including baggage, seating, and in-flight amenities.
Changes to seat assignments after they have been selected and paid for.
Any loss, injury, accident, error, or omission arising from airline operations, including but not limited to schedule changes, flight delays, cancellations, and additional expenses due to weather, operational issues, or equipment failures.
Any matters outside of Utopian Paradise’s direct control.
You are required to comply with all safety and operational guidelines set by the airline. Utopian Paradise is not liable for any issues related to airline rules, and by agreeing to these Terms and Conditions, you agree to hold Utopian Paradise harmless for any inconvenience or liability that arises due to airline policies or operations.
7. Client Responsibilities
7.1. Conduct and Behavior
Clients are expected to conduct themselves in a manner respectful to other travelers, local populations, and the environment. Inappropriate behavior may result in removal from the tour or travel arrangements without a refund.
7.2. Medical Conditions and Disabilities
Clients with pre-existing medical conditions or disabilities are required to disclose such information at the time of booking. Utopian Paradise will make reasonable accommodations but cannot guarantee that all travel services can meet specific health or disability needs.
7.3. Compliance with Laws
Clients are responsible for complying with local laws and customs of the destination countries. Utopian Paradise is not liable for any legal consequences arising from the Client’s behavior during the trip.
8. Complaints and Dispute Resolution
8.1. Complaints During Travel
If the Client encounters a problem during their trip, they must notify Utopian Paradise or the local supplier immediately so that efforts can be made to resolve the issue.
8.2. Post-Travel Complaints
Complaints following the completion of the trip must be submitted in writing to Utopian Paradise within 30 days of return. The Agency will review and respond to complaints within 14 days.
8.3. Dispute Resolution
In the event of a dispute that cannot be resolved amicably, the Client agrees to first attempt mediation before resorting to legal action. Any legal disputes shall be governed by the laws of the jurisdiction in which Utopian Paradise is registered, and all legal proceedings shall take place in that jurisdiction.
9. Data Protection and Privacy
9.1. Use of Personal Information
Utopian Paradise collects and uses personal information in accordance with our Privacy Policy. We may share your information with third-party suppliers for the purpose of providing travel services but will not disclose it to any unauthorized third parties.
9.2. Marketing Communications
By using our services, you agree to receive promotional materials from Utopian Paradise unless you opt out. Clients may unsubscribe from marketing communications at any time.
10. Governing Law
These Terms and Conditions are governed by the laws of the country in which Utopian Paradise is registered. Any legal disputes arising from these terms or related to the travel services provided will be subject to the exclusive jurisdiction of the courts in that country.
Acknowledgment
By booking with Utopian Paradise, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions. The Client also agrees that they are legally authorized to enter into this agreement on behalf of all persons included in the booking.
Last Updated: October 1, 2024