*There is a $300 administrative fee for all cancellations. Cancellations made before the deadline, noted on each respective trip page, are fully refundable except for the $300 fee.
Cancellations made after the deadline, noted on each respective trip page, will receive no refund of the full amount due. No refunds on unused portions of the tour. Credit card fees and PayPal processing fees cannot be refunded. After airline tickets are issued, airline cancellations are per the airline’s policy and are usually non-refundable and changeable with a fee plus new ticket price. Travel insurance strongly encouraged (ask us about policy options).
Optional Activity Cancellation Policy: Travelers wishing to cancel any optional activity(s) have until the day before Day 1 on the official itinerary to receive a refund. Please note that this is subject to approval by the provider and PhotoFly will act in good faith to recoup the money. From Day 1 on, cancellations for personal reasons (changed mind, potential bad weather, etc.) are not entitled to any refunds and PhotoFly will directly ask the provider for money back.
* Hotels subject to change based on availability.
1. Limitation of Liability
To the fullest extent permitted by law, and except for our gross negligence, recklessness, or willful misconduct, our total liability arising from your trip will not exceed the total amount you paid to us for that trip. We are not liable for indirect, incidental, or consequential damages.
2. Time Limit on Claims
Any claim arising from a trip must be submitted to us in writing within 12 months of the trip’s scheduled end date, and any legal action must be commenced within the time allowed by South Carolina law.
3. Dispute Resolution
Step 1 — Talk to us. Send a written description of your complaint and what you want to joinus@photoflytravel.com. We will respond within 30 days. Most disputes end here.
Step 2 — Mediation. If unresolved after 30 days, the parties will attempt mediation with a mutually agreed mediator, costs shared equally.
Step 3 — Arbitration. If mediation fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in Greenville County, South Carolina, or by videoconference at your election. If the AAA is unavailable or declines to administer, the parties will select a mutually acceptable arbitration provider, and if they cannot agree, either party may petition a court in Greenville County, South Carolina to appoint one.
Small claims carve-out. Either party may bring an individual claim in small claims court in Greenville County, South Carolina instead of arbitration.
Right to opt out of arbitration. You may reject this arbitration provision by emailing joinus@photoflytravel.com within 30 days of booking, stating your name and trip. Opting out does not affect any other term, including Section 4.
Arbitration is individual only. No class or representative actions. Each party bears its own attorney’s fees unless a statute provides otherwise.
4. Governing Law and Venue
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules.
For any dispute not resolved under Section 3, you and PhotoFly agree that the exclusive venue is the state or federal courts located in Greenville County, South Carolina, and each party consents to personal jurisdiction there and waives any objection to venue or forum non conveniens.
5. General
- If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder stays in effect.
- Entire agreement. These Terms, the trip page, your confirmation email, and the signed Release are the entire agreement between us.
- These Terms may only be modified in a writing signed or emailed by an authorized representative of PhotoFly. We will consider reasonable written requests.
- Bookings are not transferable without our written consent.
- To you: the email address on your booking. To us: joinus@photoflytravel.com.
* Participation requires a signed Release of Liability and Assumption of Risk Agreement, which is sent after booking. Contact us before booking if you’d like to review it first.
Late Payment & Full Payment Penalty Policy
Final and full payment is due by the due date noted on your invoice and in the e-mail sent to you upon confirmation of your deposit. If cancellation request is made after the cancellation deadline per policy above, full payment for said trip above is due regardless immediately.
Any payment postmarked after the final payment deadline shall incur a $75 late fee up until 20 days before the trip start date to be paid immediately. Final and full payments made within 20 days of the trip start date will incur a $150 late fee to be paid immediately.
At any time if Local Planet Travel Services contacts participant via email or phone voicemail to request full payment after payment deadline has passed with no participant response after 72 hours from the date of attempted contact, participant spot shall be deemed forfeit and the outstanding balance plus pertaining late fees as outlined above will be due immediately.
Participation on this trip is not guaranteed until full payment is made before the final payment deadline above.
Questions?
Please call (864) 568 8900: Local Planet Travel Services, LLC
CST: 2101181-40
