Last updated: July 17, 2017
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservations service provided on these pages and through the website (the “Osjah”) are owned, operated and provided by Osjah, LLC (“Osjah”, “us”, “we” or “our”) and are provided for you subjected to the terms and conditions set out below.
The Company offer travel packages and acts solely as an independent sales agent for the travel providers (“Providers”) named in your itinerary or providing you with travel and related services (“Services”) including without limitation any tour operator, cruise line, hotel, airline, transportation services provider, conveyance operator, ground handler, carrier, accommodations provider, local operator, travel supplier, travel protection or insurance companies and all other such Providers. You agree that the Company is not responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of Providers, their failure to provide Services or adhere to their own schedules, their failure to pay any refund or for any personal injury, death, property damage, or other loss or expense, accident, delay, inconvenience or irregularity which may be caused by the Providers or any other party or occurrence not under the Company’s sole control, including a flight cancellation, delay, or missed connection that causes you to miss all or any portion of a trip.
The Providers providing the Services are independent entities and are not agents, employees, contractors, servants, partners, or joint ventures of the Company. All travel documents and travel arrangements issued by the Company are subject to the terms and conditions specified by the Providers and to the laws of the countries in which the Services are supplied. In the event that the terms and conditions of particular Providers are incorrect, modified, or missing you agree to be subject and bound to the correct terms and conditions of the respective Providers.
The Company is not responsible for the decision of any insurer or insurance or administrator under the Travel Protection Plan (if travel insurance is purchased).
You hereby agree to release and hold harmless the Company from all claims, damages, losses, or expenses arising out of or in connection with the Services.
The Company has no special knowledge of the Providers, the financial condition of the Providers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov, and click on “Travel Warnings” and “Travel Alerts”. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You assume full and complete responsibility for all risks of travel and for complying with all laws of the country in the Itinerary. You hereby release The Company from all claims arising out of any problem covered in this paragraph.
Obtaining travel visas, valid passports, vaccines and other health and entry requirements is your sole responsibility. Some countries require that your passport’s expiration date be later than six months after the last date of travel, and some countries require that you have at least two blank passport pages. Any name change to airline tickets may require airline reservations to be cancelled and re-booked, and you agree to be responsible for any related expenses if the passenger names given to the Company are incorrect.
Packages with airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them.
For guided tours, you are also responsible for respecting the authority and following the directions of the tour guide during a tour. We may exclude you from participating in all or any part of the tour if, in our sole discretion, your condition or behavior renders you unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of tour services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the tour. Should you decide not to participate in certain parts of the tour or use certain goods included in the tour, no refunds will be made for those unused parts of the tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your or your companions’ actions or omissions.
The Company reserves the right to cancel any paid booking or Services for any reason it deems necessary including errors and omissions of any party. You understand and agree that the Company’s sole responsibility and liability in such an event will be a full refund of all of the monies paid in the purchase of the Services through the Company.
You understand and hereby agree to submit any and all claims in writing to the Company within 30 days after the completion of the trip, and to file any suit against the Company no later than one year after completion of the trip, and that the failure to timely do so shall result in the forfeiture of the right to such claim.
In no event, shall the Company be liable for other than the compensatory damages and you hereby waive expressly and knowingly expressly any right to incidental, consequential, and punitive damages.
You agree that any action or claim at law or in equity arising out of or relating directly or indirectly to the Services and to these terms and conditions shall be governed by the laws of the State of California, without regard to any conflict of laws provisions. You agree to file any such action or claim only in the courts located in Orange County, California, and you hereby agree to such venue and consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action or claim.
All information, prices and availability listed in the Company’s owned and controlled websites are subject to change without notice. You agree that the Company is not responsible for any typographical errors, itinerary errors or changes, incorrect prices or price changes or offer withdrawals listed the Company’s owned and controlled websites or any content of an itinerary or travel reservation. If any provisions of these Terms and Conditions or any parts thereof are found to be unlawful, invalid, or unenforceable, then that provision or part thereof shall be deemed severable and struck from these terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. If the Company does not act in relation to a breach by you or others of these terms and conditions, this does not waive the Company’s rights to act with respect to subsequent or similar breaches. The Company records some telephone calls for quality assurance and training purposes. You hereby agree and consent to such recordings of your telephone conversations. No employee, agent or representative of the Company has the authority to modify, waive, or alter any provision of these terms and conditions.
You agree to grant us (and third parties with whom we may engage in joint marketing) a worldwide, royalty-free, fully paid up license to use your photographic, video, or digital likeness solely for our promotional and/or commercial purposes. Facsimile transmission of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between these Terms and Conditions, the reservation form, and the itinerary, these Terms and Conditions shall apply. We reserve the right to decline to do business with anyone on a non-discriminatory basis.
Travelers needing special assistance: we will make reasonable efforts to accommodate the needs of our travelers; however, travelers needing special assistance for their personal needs must notify us at the time of booking for a determination of what assistance we can reasonably provide. In cases where we cannot accommodate a traveler’s special needs, persons requiring this assistance must be accompanied by a companion who will be responsible for independently providing the needed assistance. We regret that we cannot provide special individual assistance to travelers with special needs for ordinary daily activities, such as walking, dining, and other special needs. In no instance will contracted personnel or we physically lift or assist clients on to or off of transportation vehicles.
TRIP CANCELLATION INSURANCE: WE STRONGLY ENCOURAGE YOU TO PURCHASE TRIP CANCELLATION AND INTERRUPTION INSURANCE AND ADDITIONAL HEALTH INSURANCE TO PROTECT AGAINST FINANCIAL LOSS FROM COVERED UNFORESEEN ACCIDENTS, COVERED ILLNESS, AND/OR LOSS OF BAGGAGE.