Responsibility & Limitations
Terms & Conditions
RESPONSIBILITY AND LIMITATIONS: VIP Travel Partners (“VIP”) arrange the services described, including without limitation lodging provided by hoteliers and transportation companies independent of VIP. VIP issues documents for such travel services merely for the convenience of independent entities that furnish such services. The travel documents are subject to all conditions of these suppliers (some of which may limit or exclude supplier’s liability.) BY PURCHASING TRAVEL THROUGH VIP, YOU AGREE THAT VIP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO PROPERTY OR DEATH OR INJURY TO A PERSON, RESULTING FROM ANY ACT OR OMISSION OF ANY SUPPLIER PROVIDING ANY PRODUCT OR SERVICE OR CAUSED BY STRIKE, WAR, WEATHER, QUARANTINE, SICKNESS, GOVERNMENT RESTRICTION OR REGULATION, OR ANY OTHER CAUSE BEYOND VIP’s CONTROL. Under no circumstances is VIP to be construed as carrier under contract for safe carriage of the passenger or his or her baggage and belongings. VIP reserves the right to substitute components of any programs. VIP MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATION OF ANY KIND OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Every effort is made to ensure website accuracy at the time of publication; however, VIP cannot be held responsible for pricing or typographical errors. VIP reserves the right to decline, accept or retain any person as a member of any tour and to alter the tour. SHOULD revision of itinerary or features become necessary OR ADDITIONAL TAXES OR SURCHARGES BE IMPOSED, any additional expense IS THE OBLIGATION OF the tour participant.
LIMITATION OF OUR LIABILITY
Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of VIP Travel Partners (“Company”) set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Responsibility Clause: VIP Travel Partners Inc., and its agents act only in the capacity of an agent for their passengers in matters relating to transportation, (whether by common, contract or private carrier); hotel accommodations and/or features of its tours entrusted to any person or company and holds itself free from all responsibility. We reserve the right to change any arrangements, should situations necessitate, offering substitutes of equal value; to cancel the operations and/or decline to book or retain any person(s) on its tour making full or equitable refunds, if applicable. Tour prices subject to change without notice.
VIP Travel Partners Inc, is an independent company (“the Company”) licensed to market and distribute travel products and arrange for the vacation services offered on this website or in the brochure, including transportation, sightseeing, and accommodations through independent contracts.
Air carriers, accommodations, and other suppliers (including, but not limited to, trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint venturers of the Company or its affiliates. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.
The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (vacation participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail or road carrier, or any stay in a hotel, the Company’s maximum liability is the maximum that would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.
After departure, if the Services included in the vacation cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of vacation participants, and any resulting savings will be refunded by the Company to vacation participants.
The Company reserves the right to accept or reject any person as a vacation participant; to expel any participant from the vacation; to make changes in the itinerary whenever the Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a vacation at any time.
The vacation participant agrees that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection plan, or any other person.
Any dispute between the vacation participant and the Company, directly or indirectly relating to the Terms & Conditions and/or the vacation undertaken, shall be first submitted to mediation in Salt Lake City, UT before a mediator mutually agreed to by the parties. If mediation is not successful, then the dispute shall be resolved by binding arbitration under Utah Law.
Arbitration against the Company or the vacation participant shall be invoked in writing under the laws of the State of Utah within a period of 12 months following the date of completion of the vacation and not later. Neither of the parties nor any affiliate of the Company shall in any case be liable for other than compensatory damages, and they hereby waive any right to claim punitive damages. The Governing and substantive law for the Arbitration proceedings would be laws of the State of Utah, USA. The prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees.
Any action to enforce the arbitrator’s decision shall be brought only and exclusively in the state or federal courts in the State of Utah, USA.
No person, other than an authorized representative of the Company by a document in writing, is authorized to vary, add, or waive any term or condition on its website or in its brochure, including any term or condition set forth in the preceding provisions.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
VIP acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of VIP. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Web sites, which govern the transaction. All bookings are accepted by VIP as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. BECAUSE VIP ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE ANTHONY TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. VIP HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH ANTHONY TRAVEL’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF ANTHONY TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE VIP FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of VIP’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of VIP. VIP reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. VIP shall not assume any responsibility for any air and/or ground schedule changes. VIP has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from VIP will be limited to the commission and fees paid by Customer actually received by VIP.
“Force Majeure” means, in relation to VIP, any circumstances beyond the reasonable control of VIP, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
VIP shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL PROTECTION IS HIGHLY RECOMMENDED ON ALL TRIPS.
If VIP, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by VIP to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although VIP shall use its reasonable efforts to reimburse you where possible. However, VIP shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to VIP of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once VIP has investigated the prevailing situation, as it deems fit, it shall remain in VIP’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to VIP’s and each supplier’s terms and conditions.
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of VIP and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
GENERAL TERMS AND CONDITIONS:
1. VIP takes no responsibility for any acts or omissions of any supplier of goods and services such as hotels, motorcoach, event tickets or other entity providing services to the customer. The customer hereby waives any claim for personal injury, including death, property damage, including loss of or damage to luggage or other personal property, or any other loss or claim, arising in whole or part by any act or omission of any entity, its agents, servants or employees, not solely, exclusively and directly under the control of VIP.
2. The customer acknowledges that tour itineraries, accommodations, travel arrangements and other aspects of a tour must at times be modified or cancelled due to acts of God, unavailability of accommodations or other causes beyond the reasonable control of VIP.
3. The customer acknowledges that the price quoted for any tour or travel arrangements is based upon prices provided for accommodations, transportation, tickets and other components. Should any prices for such components be increased, VIP reserves the right and the customer acknowledges the right of VIP to increase the tour and travel arrangement price in the amount of any such increase in price.
Any customer given notice of increased cost shall have the right to terminate the reservation on the confirmed program and obtain a full refund of all amounts paid to VIP unless such payment was expressly made on a non-refundable basis. VIP cannot take responsibility if a client has booked a non-refundable airfare. The acceptance of any tickets, vouchers, or other documentation of tour or travel arrangements shall be deemed to be acceptance of the above General Information, Terms and Conditions by the customer.
4. The customer agrees to arbitrate any and all disputes with or concerning VIP only in the state of UT. The customer herein waves his or her right to trial by jury or otherwise.
5. The customer acknowledges VIP’s right to use any photographs for promotional material unless VIP receives written notification of the customer's declination.
RESPONSIBILITY & LIABILITY: VIP acts only as sales agents for the airlines, cruise ships, bus lines, hotels, car rental companies, and tour and charter operators who will actually provide the travel services you will enjoy on your vacation or business trip. The names of each of the companies agreeing to provide travel services to you are listed in your individual itinerary, travel vouchers, and tickets. Because we act only as sales agents for these companies and maintain no control over their personnel or operations, only they can be responsible should any aspect of their travel arrangements not be to your satisfaction. Should you have any questions about the services provided to you by these travel service companies, please let us know as soon as possible so that we may assist you in adjusting the problem with them. Moreover, since VIP obviously will have no control over unforeseen events that may occur during the course of travel, VIP must disclaim all responsibility and liability for any monetary, physical, or psychological injuries of any nature whatsoever arising from or caused by acts of terrorism, civil strife, disturbance, war, or other upheaval or negligent or criminal act of whatever kind and nature that occurs during your travel. We regret that we are unable to accommodate all requests for special diets, itinerary variations, wheelchairs, or for individuals who require special assistance. To enjoy your tour to the fullest, you should be in good physical and mental health. Any physical disabilities must be reported to VIP at the time of your reservation. Tour participants who require extraordinary assistance must be accompanied by a helper who is entirely capable and totally responsible for providing the required assistance. This is to help you choose the VIP vacation that is best for you and to ensure the smoothest and most efficient operation of our tours.
VIP monitors security situations around the world as well as government travel advisories. Conditions may require VIP to change or even cancel trips. You accept the risks involved in travel, both foreign and domestic, and accept responsibility for your own travel decisions. Guests may be required to review and sign a participation agreement prior to engaging in certain activities on the trip.
Neither VIP, its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns (collectively “VIP”), own or operate any person or entity which is to or does provide goods or services for these trips. You agree to be bound by the conditions of carriage for all transportation providers. VIP does not maintain control or operate the personnel, equipment, or operations of these suppliers it uses and as such VIP assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party.
Client shall indemnify and hold harmless VIP, its affiliated entities and its and their employees, agents, shareholders, officers, successors and assigns (collectively “VIP”), from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of VIP arising out of any goods or services provided for this or these trips.
Additionally, responsibility is not accepted for losses or expenses due to sickness, lack of appropriate medical facilities or practitioners, weather, strikes, theft or other criminal acts, war, terrorism, computer problems, or other such causes. Other risks may arise such as, but not limited to, hazards of traveling in foreign countries including undeveloped areas, the hazards of travel by aircraft, bus, van, train, automobile or other motorized vehicle, differing safety standards, sickness, criminal acts committed by others, allergic reactions, and/or animal encounters. You are voluntarily participating in the tour and VIP, and as lawful consideration for the agreement to travel with VIP, you agree not to make a claim against VIP, its related companies, officers and employees for injuries, death, or any other claim and agree to release VIP, its related companies, officers and employees from any such claim. This release is binding on all members of your traveling party, as well as your Estate and heirs and this provision shall be enforceable even after your trip has ended. If you make your own air reservations, VIP is not responsible and shall provide no refund if your flight schedule changes so that you are not able to enjoy the entirety of your tour. All services and accommodations are subject to the laws of the country in which they are provided. VIP reserves the right to make changes in the published itinerary whenever, in their sole judgment, conditions warrant, or if VIP deems it necessary for the comfort, convenience, or safety of the tour. VIP reserves the right to withdraw any tour announced. VIP reserves the right to decline to accept any person as a member of the tour, or to require any participant to withdraw from the tour at any time, when such action is determined by the Tour Manager to be in the best interests of the health, safety, and general welfare of the tour group or of the individual participant. If you are traveling with children, you are solely responsible for their behavior and monitoring them throughout the tour. Neither does VIP accept liability for any carrier’s cancellation penalty incurred by the purchase of a nonrefundable airline or other ticket to the tour departure city and return or otherwise. Baggage and personal effects are the sole responsibility of the owner at all times.
VIP is not responsible, and will not be bound by, representations made by third party representatives, travel agents, unaffiliated websites, or any other party.
Participants may be photographed for the promotional purposes of VIP. In addition, any comments that you submit as a review or your social media posts may be used for VIP’s promotional purposes.
Payment of the deposit to VIP constitutes acceptance of these terms and conditions. VIP reserves the right to modify these terms and conditions at any time, without notice.
FORUM SELECTION AND CHOICE OF LAW
THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF UTAH BY MUTUAL AGREEMENT OF THE PARTIES HERETO AND THE FEDERAL AND STATE COURTS IN UTAH SHALL HAVE EXCLUSIVE AND SOLE JURISDICTION OVER ANY DISPUTE, CONTROVERSY OR SUIT ARISING RELATIVE TO THIS AGREEMENT.
ERRORS AND OMISSIONS
While every effort is made to ensure the accuracy of information in our brochures, on our website or communicated by our reservation staff, errors or omissions are possible and VIP is not responsible for such error. If a mistake is made in billing, we reserve the right to correct the invoice and you will be responsible for proper payment.
In the event that any clause in this agreement is determined to be invalid, the remaining provisions are valid and enforceable. The invalid provision shall be replaced by VIP by a clause as similar as practicable.
Disclaimer of Liability: Neither the Operator nor its agents or affiliated entities shall be responsible or liable for cancellations, acts of other service providers, diversions or substitution of equipment or any act, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to guests including any results thereof, such as changes in services, accommodations or facilities. Nor shall they be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Insight shall not be liable for indirect, special or consequential damages. All baggage and personal effects are at all times and in all circumstances at the risk of the tour participant. Insight recommends that guest obtain baggage insurance. After return at the end of the tour, if lost articles are found and returned to the owner, a service fee will be charged. The Tour Directors, carriers, hotels and other suppliers who provide services on Tour are independent contractors; they are not agents, employees or servants of the Operator or its associated companies. All certificates and other travel documents for services issued by the Operator are subject to the terms and conditions specified by the carriers and suppliers and to the laws of the countries in which the services are supplied. Carriage by sea is subject to the Carrier’s Conditions of Carriage which are expressly incorporated into this contract, copies of which are available upon request. The Operator is not responsible for any criminal or other conduct by third parties, whether criminal, intentional, grossly negligent, negligent or otherwise.