Terms and Conditions
Kalos Tours, LLC of 1504 East Franklin Street, Suite 200, Chapel Hill, NC 27514, USA (“Kalos”), will organize and administer the tour specified in the Reservation Form (the “Tour”). The acceptance of your Reservation Form, and the Deposit (as defined below), by Kalos creates a contractual relationship between, the passenger/Guest (“you” or the “Guest”), and Kalos for the Tour. Together, the Reservation Form and these Terms and Conditions constitute this “Agreement”.
The Tour may include a cruise and/or flight component, or any other mode of transportation. In such circumstances, following confirmation of your reservation and as a condition to you participating in the Tour, you will, where applicable, be provided with the terms and conditions of the operator of such transportation (the “Carrier”) (altogether the “Contract of Carriage”) which shall govern the relationship between you and the Carrier as it relates to the transportation components of the Tour. By confirming your booking you are deemed to accept the Contract of Carriage and, as necessary, we may ask that you sign and return a separate copy of the Contract of Carriage. You agree that any dispute in respect of such transportation will be governed by and be subject to the Contract of Carriage. For the avoidance of doubt, this Agreement governs the relationship between you and Kalos and any dispute between you and Kalos will be subject to this Agreement and not the Contract of Carriage. If there is a conflict between this Agreement and the Contract of Carriage, this Agreement shall prevail and supersede the provisions of the Contract of Carriage.
Reservations and Payments
All prices in respect of the Tour are in US dollars. The rates are based on current tariffs and are subject to change. While Kalos will make reasonable efforts to maintain the listed prices, the advertised rates are based on current tariffs and may be subject to change.
To reserve your place on the Tour, you must complete and return the Reservation Form and pay the deposit amount specified in the Reservation Form (“Deposit”). Kalos does not accept payment by credit card. The payment of your initial deposit creates a contractual relationship between Kalos and you, the lead passenger, and any one else who accompanies you on the Tour. For the avoidance of doubt, any reference to “you” in this Agreement is a reference to you and/or, as applicable, any other guest who participates in the Tour. By making a booking on behalf of any other guest you confirm and represent that you have the required authority to do so.
Your place on the Tour is not reserved until the Deposit and signed Reservation Form are both received by Kalos. The completed Reservation Form should be sent to Kalos Golf, 1504 East Franklin Street, Suite 200, Chapel Hill, NC 27514, USA. If the Tour is fully booked when your Reservation Form is received, your Deposit will be returned to you within 7 days.
If specified on the Reservation Form there may be single rooms which are available. These are available at an extra cost and on a first-come, first-served basis. In the event you make a booking for a single room and, following the confirmation of your booking, you request to amend your booking to a double occupancy, then the ability of Kalos to amend the booking to a double occupancy shall be subject to availability.
If applicable, the baggage allowance for the Tour will be set out in the Reservation Form or otherwise notified to you by Kalos. All baggage when not being handled by Kalos, remains the sole responsibility of the Guest. The price of your trip includes all items stated in the Reservation Form and all other items, including but not limited to those identified on the Reservation Form, are not included and are at your own cost.
Cancellations and Refunds
If you need to make a cancellation to your booking, you must notify Kalos in writing. All cancellations will become effective as of the date of the postmark or email receipt. Subject to when you cancel your booking, you may be entitled to a refund. However, your rights to a refund are limited. The cancellation terms which are applicable upon your cancellation are set out in the Reservation Form.
Refunds of any amounts, once any applicable cancellation fees have been deducted, will be made to you within 14 days of receipt of your notice of cancellation. Leaving the Tour in progress, for any reason whatsoever, will not result in a refund being paid, and no refunds will be made for any unused portions of the Tour.
Changes by Kalos
The Tour, its itinerary and staff are subject to modification and change by Kalos. Every reasonable effort will be made to operate the Tour as planned; however, Kalos may have to make changes both before and after bookings have been confirmed and/or whilst any Tour is ongoing. Kalos reserves the right to change any component of the Tour prior to departure or during a Tour, without compensation or refund, including but not limited the right to change the itinerary, any destination(s), hotels, golf courses, type or mode of transportation, excursions and any other components of the Tour. Such changes can be made by Kalos without notice and for any reason whatsoever, without allowance, compensation or refund. Such changes may be caused by any reasons including, but not limited to, due to a Force Majeure Event (as defined below) or, in our reasonable opinion, should unforeseen events and conditions require our itinerary to be altered, Kalos reserves the right to do so for the safety and/or best interest of the Tour group. Kalos will use its reasonable efforts to replace any component, where possible, with a service or offering of similar quality. Without prejudice to the foregoing, Kalos cannot guarantee that all of the golf courses, or any other golfing services, which are included within the Tour will take place as scheduled. Kalos reserves the right to substitute or cancel any of the golf courses which are included within the Tour itinerary at any time and for any reason.
Visa Documents / Entry Permits
To participate in the Tour, visas and/or entry permits may be required for some countries. It is your responsibility to check that you meet all of the entry requirements for the Tour. Kalos shall have no liability should you fail to obtain the necessary visas, permits and/or any other documentation required for you to participate in the Tour.
Health Requirements and Medical Care
It is your responsibility to ensure that you meet all health entry requirements, be up to date on the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your participation in the Tour. This is an active trip that requires you to make a realistic assessment of your health. You are expected to be in active good health. Approximately nine (9) months prior to the departure date we shall send to you a pre-departure information form whereby you will be required to provide us with any information as regards to any physical condition requiring special attention, diet, or treatment which Kalos may need to know in order for you to participate in the Tour. We will make reasonable efforts to accommodate Guests with special needs. Any extra cost for such arrangements will be the responsibility of the Guest.
Kalos reserves the right to deny passage on reasonable medical grounds, including, in the event that any medical officer determines that you have failed to disclose accurate medical information, or disembark any Guest at any place at any time whose presence, in the opinion of Kalos or its medical advisers, may be detrimental to the comfort or safety of himself, other travelers, or who, in the opinion of Kalos, might be excluded from landing at any port or place by immigration or other governmental authorities. In addition, Kalos may remove or transfer the accommodations of or confine to a cabin/room, any Guest who may be suffering from any contagious or infectious disease.
In the event medical care becomes necessary on the Tour, you may be hours or days travel from any medical facility, which may not be of the same standard or have the same training as in your home country. The medical personnel may not speak fluent English. You acknowledge that in an emergency, evacuation may be unavailable, expensive and/or delayed. Decisions are made by Kalos staff based on a variety of perceptions and evaluations of the situation at hand. The Guest understands and agrees to abide by these decisions.
Use of Likeness and Images
By participating in the Tour, you hereby grant Kalos the irrevocable right and permission to capture and use your name, photograph, image, voice, audio recording, video recording and likeness (collectively, “Your Images”) while on the Tour for any future publicity and promotional materials, without payment or other consideration. Guests who do not wish to be photographed during the Tour must inform Kalos in writing prior to the start of the Tour. In addition, you hereby grant Kalos the irrevocable right and permission to reproduce or use any portion or all of Your Images that have been taken by you and submitted to Kalos in any future publicity and promotional materials, without payment or other consideration. You understand and agree that all Your Images, irrespective of whether taken by Kalos or submitted to Kalos by you, will become the property of Kalos and will not be returned. You hereby irrevocably authorize Kalos to edit, alter, copy, exhibit, publish, or distribute Your Images for any lawful purpose.
Limitation of Liability
IN NO EVENT SHALL KALOS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, IRRESPECTIVE OF WHETHER OR NOT KALOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KALOS IS NOT LIABLE FOR INJURY, ILLNESS OR DEATH OF ANY GUEST UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF KALOS. KALOS HEREBY DISCLAIMS ALL LIABILITY FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH, AND PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES.
On Tours which do not embark, disembark or call at any United States Port and do not embark or disembark at any European Union Member State Port, Kalos shall be entitled to any and all liability limitations, immunities and rights applicable to it under the “Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea”. In addition, on all other Tours and to the extent applicable, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States (including Title 46, United States Code Sections 30501 through 30509 and 30511) will apply.
Third Party Suppliers: Kalos purchases air and ground transportation, accommodation at sea, golf services, hotel accommodations, and other services from various independent suppliers that are not subject to its control. These suppliers are independent contractors and are not acts of Kalos. Neither Kalos, its affiliates, owners, officers, agents, employees, contractors, nor any associated organization shall be held liable for any act, default, injury (including emotional injury, injury to person or property, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused by or contributed to by defects or failures of any aircraft, vessel, automotive vehicle, other transportation or arrangements at any golf courses, or other equipment or instrumentality under the control of independent suppliers. In issuing tickets for transportation of the travel by any means and making arrangements for travel, golf, hotel or other accommodation, Kalos is not acting as principal but only as agent for the companies, corporations, owner, public carriers or persons providing or offering the means of transportation and accommodation. The Guest agrees to seek remedies directly and only against those suppliers and not to hold Kalos responsible for their acts or omissions.
Acknowledgment and Express Assumption of Risk: You understand and acknowledge that all participation in the Tour may involve risk and potential exposure to illness (including, but not limited to infectious diseases such as, for example, (1) the risk of coming into close contact with individuals or objects that may be carrying an infectious disease; (2) the risk of transmitting or contracting an infectious disease, directly or indirectly, to or from other individuals), injury (including, but not limited to emotional injury or injury to person or property) and death. You also realize and acknowledge that risk, dangers and hazards may be caused by the negligence, fault or wrongdoing of other Guests, contractors and/or subcontractors to Kalos. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards (collectively with any other risk of travel, the “Inherent Risks”) are a potential in connection with your participation in the Tour and hereby agree to assume such Inherent Risks.
In recognition of the Inherent Risks, you confirm that you are physically and mentally capable of participating in the Tour, and are willingly and knowingly electing to participate in this Tour in spite of the potential risks, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you. You understand and acknowledge that Kalos reserves the right to accept or reject any Guest for any reason, and Kalos has the right to disqualify you from any Tour activity, if in Kalos’ judgment, you are incapable of that activity and/or your continued participation in the Tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform Kalos, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the Tour, or subsequent to the time of reservation if such disability or limitation should arise. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to Kalos.
Release: In consideration of the services and arrangements provided by Kalos, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Kalos, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for damage, injury or death, including but not limited to any such claims, actions or losses for emotional injury, mental suffering/anguish, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your participation in the Tour and any activities conducted in conjunction therewith and shall include, without limitation, any loss caused by any act, omission, fault or negligence of the Guest or fellow travelers.
Safety Conditions: Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. Kalos urges each Guest to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in the Tour. Information on the countries to which you will be traveling on the Tour and the level of associated risk can be found at the “Country Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website. KALOS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF THE TOUR.
Force Majeure
Without limitation, Kalos is not responsible for, and no refunds will be given for, delays or cancellation of all or part of your trip due to causes or circumstances beyond Kalos’s responsibility or control, the, including but not limited to acts of God, perils of the sea, harbors, rivers, or other navigable waters, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, or for any other reason beyond the control of Kalos, including, but not limited to, the failure by the Carrier to deliver any vessel or aircraft to Kalos for any reason whatsoever (each, herein referred to as a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon Kalos to operate the trip or otherwise fulfill its obligations under this Agreement.
Insurance
Kalos recommends that you obtain and carry insurance from the moment that your booking is confirmed. This is an important protection, which can save you money if you are forced to cancel or alter your booking for the Tour, or if the Tour is cancelled due to a Force Majeure Event. Insurance programs are available at additional cost, and information regarding trip cancellation and interruption insurance will be mailed with your confirmation. Insurance premium payments may be nonrefundable.
Time Limit for Claims
Kalos shall not be liable for claims, actions, or losses which may arise out of or occur during the Tour and any activities conducted in conjunction therewith, unless full details in writing are given to Kalos, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on Kalos within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frames set forth above, then the Guest waives and releases any right he or she may have to make any claim against Kalos arising under, in connection with, or incident to the Tour.
General
Governing law and Jurisdiction: This Agreement and any Disputes, actions and legal proceedings whatsoever shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of North Carolina, USA and any such Disputes shall be brought and resolved solely and exclusively in the applicable state and federal courts of the State of North Carolina, USA. Except as otherwise expressly specified in this Agreement, the Guest agrees this choice of law supersedes and pre-empts any provision of law of any other state or nation.
Waiver of Jury Trial: In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either might have to demand a jury trial.
Class Action Waiver: This Agreement provides for the exclusive resolution of Disputes through individual legal action on the Guest’s own behalf instead of through any class action. Even if the applicable law provides otherwise, the Guest agrees that any legal action against Kalos whatsoever shall be litigated by the Guest individually and not as a member of any class or as part of a class action, and the Guest expressly agrees to waive any law entitling the Guest to participate in a class action.
Kalos shares the coverage available under the USTOA $1 Million Travelers Assistance Program with affiliates of Travelopia who, as an Active Member of the USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of Kalos customers in the unlikely event of Kalos bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by Travelopia and shared among its affiliates may be sufficient to provide only a partial recovery of the advance payments received by Kalos. More details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.