Travel Terms & Conditions
PLEASE READ CAREFULLY
The purchase of any travel services offered by Group Voyagers, Inc., doing business as Cosmos (hereinafter "Cosmos") constitutes a contractual arrangement between you and Cosmos, and represents your acceptance of the Cosmos Terms & Conditions set out herein. Please ensure that you read carefully and understand these Terms & Conditions prior to booking. You are advised to check on the Web sites or to request the latest version of the Terms & Conditions from your Travel Agent or Cosmos prior to booking your vacation.
Deposit & Final Payment:
A non-refundable, non-transferable land deposit of $250 per person per vacation is required for Cosmos to reserve space for you, with some limited exceptions as noted below. Cosmos accepts checks, money orders, Visa, MasterCard, Discover/Novus, and American Express. Your booking is not confirmed and payment is not deemed made until the deposit is received by Cosmos and you receive a confirmation invoice. Your reservation will be automatically canceled if deposit is not received by Cosmos by the deposit due date. On certain departures, deposits may be required at time of booking to hold or to confirm space for you. Payment of the deposit indicates you have read and accepted these Terms and Conditions.
Please review and verify your booking invoice thoroughly and contact your Travel Agent or Cosmos immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Cosmos cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the invoice. In the case of billing errors, Cosmos reserves the right to re-invoice you with correct pricing.
Final payment for your vacation is due 45 days prior to commencement of services, with some limited exceptions as set forth below. If final payment is not received by the due date, your reservation will be canceled and your full deposit, including Travel Protection payments and any air deposits or Instant Purchase Air purchases (including applicable fees), will be retained by Cosmos. Cosmos is not responsible for canceled land and/or air reservations in the event payment is not received by the final payment date. Payment in full is required at time of booking for reservations made within the final payment date of your vacation (in most cases, within 45 days of departure). For group reservations, Travel Agents should refer to the Group Policy, which will be provided to you by Cosmos upon request and is also located in the Travel Agent Portal.
Acceptance on the vacation is subject to presentation of the Traveler Certificate, which will be available in your final Travel Documents.
Exceptions Apply to These Vacations:
The following deposit and/or final payment dates apply to these vacations. Please see your invoice for more information on deposit and/or final payment dates.
- For vacations that include a Holland America cruise, final payment is due 75 days prior to the commencement of services.
- For vacations that include the Rocky Mountaineer Train or Via Rail final payment is due 65 days prior to the commencement of services.
Cosmos air options: Flex-Air and Instant Purchase Air. Flex-Air allows flexibility if you want to make changes to your vacation schedule. Instant Purchase Air may offer additional airline options but has more restrictions. Some vacations may only offer one Air type option.
Air-Inclusive Vacation Deposits and Final Payment:
The following additional payments are required for International or domestic air added to the start and/or end of your vacation and/or for Intra-vacation air as specified in the itinerary. International or domestic air and/or Intra-vacation air price quotes will show how much of your total trip cost is made up of government-imposed taxes and fees applicable at the time of booking. Air pricing is guaranteed upon receipt of full land plus air deposit or land plus full airfare price depending on type of airfare purchased (Flex-Air or Instant Purchase Air).
Flex-Air: An additional, non-refundable $300 air deposit is required for Flex-Air booked in conjunction with a Cosmos vacation. Applicable land deposit as above is also required at time of booking.
Instant Purchase Air: Full air payment plus a $30 (North America) and $50 (International) service fee is required, and will be included in the quote, at time of booking for Instant Purchase Air booked in conjunction with a Cosmos vacation. Applicable land deposit as above also required at time of booking. Flex-Air or Instant Purchase Air can only be booked by Cosmos in conjunction with a Cosmos vacation package and is only available from the United States.
Intra-vacation air: An additional $250 per person, non-refundable air deposit is required for packages with Intra-vacation air as noted in the itinerary. Applicable land and Flex-Air deposits or Instant Purchase Air full payments as above are also required at time of booking.
Airfare prices include all taxes, fees and fuel surcharges though may be broken out into separate invoice line items. These taxes and fees include:
- September 11th Security Fee up to $10 per person
- Passenger facility charges up to $18 per person
- Federal domestic flight segment fees up to $3.70 per segment
- All U.S. and International arrival and departure and other government-imposed fees added by the airlines and applicable at the time of booking.
Booking Cancellations & Cancellation Fees:
If a booking cancellation is received by Cosmos prior to the final payment date of your vacation, your non-refundable land deposit and Travel Protection payments will be retained in addition to your Flex-Air deposit, Instant Purchase Air payment and service fee, and/or Intra-vacation air deposit. For individual reservations, the following per person cancellation fees apply. (For group reservations, refer to the Group Policy.)
Standard Cancellation Fees escorted and independent vacations:
- 45-22 days prior to commencement of services: 20% of total price* plus Travel Protection payments
- 21-8 days prior to commencement of services: 30% of total price* plus Travel Protection payments
- 7-1 days prior to commencement of services: 50% of total price* plus Travel Protection payments
- On departure day and later: 100% of total price* plus Travel Protection payments
Exceptions to the standard cancellation fees:
For vacations that include a Holland America cruise
- 75-57 days prior to commencement of services: 20% of total price* plus Travel Protection payments
- 56-29 days prior to commencement of services: 50% of total price* plus Travel Protection payments
- 28-16 days prior to commencement of services: 75% of total price* plus Travel Protection payments
- 15-0 days prior to commencement of services: 100% of total price* plus Travel Protection payments
For vacations that include the Rocky Mountaineer Train or Via Rail:
- 65-47 days prior to commencement of services: 50% of total price* plus Travel Protection payments
- 46-0 days prior to commencement of services: 100% of total price* plus Travel Protection payments
*Total price does not include discounts, promotions, special incentives, Instant Purchase Air or Instant Purchase Air service fees which are non-refundable after 24-hours from purchase.
Cancellation fees may also apply to any additional services, including extra night accommodations, independently supplied services, and optional excursions reserved prior to, during, and after the tour. Cancellation penalties will be quoted at time of cancellation.
Cosmos reserves the right to cancel or reschedule any vacation departure for any reason, including insufficient demand or force majeure. If a vacation is canceled prior to departure, Cosmos' only responsibility will be to refund the amount received for the reservation. Cosmos will try to rebook the same vacation with a different departure date, or a similar vacation but there is no guarantee of availability of offering. For air-inclusive vacations, Cosmos will try to confirm air schedules for the selected new dates, subject to availability. Cosmos cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through Cosmos.
Revisions and Revision Fees:
In addition to any airline-imposed change fees, a fee of $30 per transaction will be charged by Cosmos for any alteration or revision made to a reservation after deposit or payment is received. Any revision to a booking, including but not limited to flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare which will be payable by you. In many instances for Flex-Air purchases airline revision or change fees are up to $300, but in some instances may be up to 100% of the ticket price. Instant Purchase Air and associated service fees are non-refundable and non-changeable after 24-hours from purchase thus alterations or revisions to a booking with Instant Purchase Air will require new air to be purchased and is subject to full payment as above.
Intra-vacation air and hotel penalties may also apply to alternations or revisions to a booking and may be up to 100% of the full price. A change of traveler name, vacation date, or itinerary within final payment will be treated as a full cancellation and new reservation; vacation and airfare cancellation fees (as above) apply.
Airfare may be purchased through Cosmos for travel originating from the United States. All carriers are independent operators and are not owned, managed or operated by Cosmos. Your airline ticket is a contract between you and the air carrier only, even if you purchase through Cosmos. By purchasing your air services through Cosmos you waive all liability for Cosmos for such air services.
Cosmos is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through Cosmos, we will try to assist in making new arrangements providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements including amendments to return services. Please be aware airline fees often apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Cosmos for portions of trips missed due to canceled, rescheduled or delayed flights after airport check-in, nor is Cosmos responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
For air purchased through Cosmos, if any air schedule requires an overnight stay in a gateway city, Cosmos can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time.
If you make your own flight arrangements, Cosmos will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.
Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, Cosmos will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes full name, date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you. TSA information is required at time of booking for Instant Purchase Air.
Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. For more information about aircraft disinfection requirements and a list of countries requiring disinfection of in-bound flights, please visit http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
For the benefit of everyone on your vacation, Cosmos reserves the right to accept or reject any vacation participant and to remove any participant whose conduct is deemed incompatible with the interests of the other participants. Cosmos will not refund or cover any cost or expenses incurred for termination of vacation arrangements due to unacceptable behavior.
Travelers Who Need Special Assistance On Tours and/or Cruises:
You must report any disability requiring special attention while on tour or on cruise to Cosmos at the time the reservation is made. Cosmos will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. Cosmos cannot provide individual assistance to a vacation participant for walking, dining, getting on and off motorcoaches, cruise ships and other vehicles, or other personal needs. Cosmos strongly recommends a qualified and physically able companion must accompany travelers who need such assistance. All travelers with Cosmos are subject to the Participation clause above.
Not all sightseeing stops/sites accommodate wheelchairs and some locations and sightseeing activities require extensive standing, sitting or walking, sometimes on unpaved or cobblestone streets. Cosmos is not responsible for any missed activities due to a participant's inability to participate with the group. The Americans with Disabilities Act is only applicable within the United States and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring motorcoaches and cruise ships, are not equipped with wheelchair ramps. Motorized scooters are not typically suitable on international tours. With prior permission and waivers, we will attempt to accommodate motorized scooters on domestic vacations, depending on the suitability of the itinerary.
Although some of our ships have elevators, many of our small ships (e.g., river cruise vessels) do not. Passengers requiring ship elevators should inquire before making reservations. Additionally, most stateroom doors and restrooms are not wide enough to allow access by standard wheelchairs, and bathrooms and other doorways may be fitted with coamings. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor.
Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the vacation and are requested to share an adult's accommodation. On vacations that include an Alaskan or Hawaiian cruise, or on any vacation with an overnight stay in Las Vegas, at least one member of the traveling party must be 21 years of age or older. Children under 8 years of age are not allowed on Cosmos vacations. For any special requirements regarding airline tickets for children, contact your airline directly.
The following young traveler discounts apply to Cosmos vacations. To receive the young traveler's discount, the age of the traveler must qualify at commencement of services.
On Cosmos escorted vacations, young travelers ages 8-17 receive a 10% discount on the base land vacation price. The price does not include internal air transportation.
Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
Smoking is not allowed on transportation that is exclusively provided by Cosmos. On cruise ships, smoking is restricted to certain areas of the vessel. On European river cruise ships, smoking is allowed only on the vessels' outside decks where ashtrays are available. Many hotels in North America have imposed a 100% non-smoking policy and many cities have imposed non-smoking regulations in public spaces. As a standard rule, Cosmos confirms non-smoking hotel rooms. If you require a smoking room a request may be submitted, but we cannot guarantee availability.
All vacation prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare except where noted on specific itineraries. Vacation prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions or pricing are listed where applicable. Not all accommodation types are available on all vacations.
Prices are subject to increase without notice, subject to the guarantees set forth below.
Once Cosmos has received your full land deposit for any land vacation that land vacation price is guaranteed and you are protected against any land price increase due to currency surcharge. Any subsequent land cost increases are at Cosmos' expense, not including energy cost increases and/or any government tax increases.
Pricing for air-inclusive vacations, including those with Intra-vacation air, are guaranteed when Cosmos has received your full land plus air deposits and/or full air payment as noted above. Cosmos reserves the right to ticket Flex-Air bookings, and vacations with Intra-vacation air, upon receipt of full land and air deposits thus any subsequent revisions made at your request are subject to airline-imposed change fees, cancellation fees and/or changes in airfare price, which are your responsibility to pay. Instant Purchase Air is ticketed upon receipt of full air payment and thus full cancellation fees as noted above apply. International air is only available to passengers traveling from the United States and only available when booked in conjunction with a land vacation.
Vacation departures in 2015 are subject to itinerary modifications. Full details will be available in September 2014. Travelers have the right to cancel their reservation without penalty within 7 days of notification in the event of itinerary modifications for departures in 2015 with prior to the release of the 2014 brochure. Vacations with Instant Purchase Air will receive full refunds for changes to vacations or vacations dates in 2015 with the publication of the 2014 brochure providing notification of cancellation is received within 7 days.
Visas & Passports:
You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. Visa and entry documents must be obtained independently. Non-U.S. citizens must consult with appropriate consulates to determine if any visas are needed; you are responsible for obtaining all visas and entry documents independently. Cosmos is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and Cosmos cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation. All passengers traveling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. Multiple-entry visas are required for some vacations. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more.
Some government agencies in foreign countries require Cosmos to collect and pass on certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details as requested fully and accurately, your trip may be interrupted or cancelled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
Hotels, Accommodations & Transportation:
The hotels listed on this website are intended to be used on all departures; however hotels are not guaranteed. Cosmos reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent or higher quality, when available, to those shown. No refunds are provided for hotel changes; full cancellation penalties as noted above apply.
Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples. Please note that check-in times vary worldwide; Cosmos cannot control or guarantee check-in times.
In the rare event that included train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate and may be subject to change.
Porterage at hotels for one suitcase per person is included in the vacation price. Airport/train station porterage is not included unless otherwise specified in your travel documents. Please be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Due to limited motorcoach capacity, your single bag should have dimensions not exceeding 30"x21"x11" and weight not exceeding 50lbs (22kg) unless otherwise noted in your Travel Documents. We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any vacation. Some vacations have more restrictive regulations than listed above. Please refer to your Travel Documents for more information.
Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination, and are becoming more restrictive. While making a booking online you will be provided with baggage fee information. After booking, up-to-date information on carrier specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information that additional discounts may apply depending on flyer-specific factors (.e.g. frequent flyer status, military, credit card used for purchase or early purchase over the internet, etc.) can be found on the carrier's website or by accessing www.iflybags.com. Please read this information carefully as Cosmos is not responsible for additional fees imposed by air carriers for baggage and these fees are not included in the airfare or the vacation package price. You will be required to pay these fees directly to the airline at check-in. Regulations within most airports require that travelers handle their own luggage through customs. No responsibility is accepted by Cosmos for loss of or damage to baggage or any of the traveler's belongings throughout the duration of the vacation. Baggage insurance is recommended. See the Cosmos Web site for an all-inclusive Travel Protection Plan.
Carry-on bags should not exceed the dimensions of 12"x11"x6". For safety reasons, wheeled carry-on bags are not suitable as hand luggage on motorcoaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.
Passenger Travel Documents, including e-ticket itineraries, are sent by regular ground delivery approximately 2-3 weeks prior to departure, provided full invoice payment has been received. If available, a service charge per reservation is added for documents requested in advance and/or for 2-day delivery or for delivery to multiple addresses. Please indicate at the time of reservation whether you prefer regular ground delivery or 2-day delivery (2-day delivery with related charges is required for reservations made within 45 days of commencement of services and for delivery outside the continental United States; charges will be quoted at time of reservation).
Gratuities are included for services during the land stay of your vacation. This includes wait staff at included meals, hospitality staff at hotels for nights purchased through Globus, and porterage at hotels for one suitcase per person. Gratuities for your Tour or Cruise Director, Local Hosts, Local Guides, Tour Driver, and ship's crew are not included in the vacation price and are discretionary.
Not Included in the Land Vacation Price (including when air is not purchased through Cosmos):
The following charges are not included in the land vacation price: airfare to and from the start of your vacation; Intra-vacation air unless specified in the itinerary; airline baggage fees including checked and/or excess baggage fees; Federal inspection fees for the Federal U.S. Customs and Immigrations; International Air Transportation tax; agricultural tax; other per person taxes imposed by government entities; airport taxes and fees including the September 11th Security fee up to $10 per person, passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $3.70 per segment, and U.S. and International arrival and departure and other government-imposed added by the airline and applicable at time of booking; port taxes; passports; visas and vaccinations; tips to your Tour or Cruise Director, Local Host, driver, Local Guides, and/or ship's crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted Cosmos menu as presented at a hotel or restaurant or onboard your vessel (these extra items will be billed to you before leaving the hotel, ship, or restaurant); airport transfers on non-qualifying flights; optional excursions; porterage at airports and train stations; Travel Protection; and all other items of a personal nature.
Please note that any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved or for voluntary modifications made by the traveler. Airport transfers are complimentary with air booked through Cosmos on qualifying flights and dates. Not all flights or dates qualify. Customers not using the included transfer will not be given a cash equivalent or vacation price reduction.
Service Inquiries After the Vacation:
As it is difficult and sometimes impossible to properly investigate a complaint if Cosmos is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause.
After returning from your vacation, if you wish to inquire about any services provided, please ensure that all correspondence relating to those services is received by Cosmos, Traveler Services, Group Voyagers Inc. (see address under "Responsibility").
Any complaint or claim involving the vacation services offered in this brochure must be notified to Cosmos within 30 days of the vacation completion, except where such time limitations are prohibited by law.
Any complaint or claim involving the vacation services offered on this web site, involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the vacation participant, must be notified to Cosmos while on vacation or within 30 days of the vacation completion, except where such time limitations are prohibited by law.
During local or national holidays or special events, peek seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Cosmos cannot be held responsible for any closures, necessary itinerary changes or curtails for any reason.
Christmas Market Vacations:
Please note that Christmas markets generally close around the third week of December.
Please be aware that during your participation in vacations operated by Cosmos, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. Cosmos will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While Cosmos will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a vacation and/or optional excursions you agree that you will hold Cosmos harmless regarding any provision of medical care or the adequacy of any care rendered. Cosmos is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Cosmos harmless for such.
Photographs or Pictures:
Photographs or pictures appearing on this web site should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the vacation pages are current at the time of printing and may not reflect the actual routing should the itinerary change.
Optional Excursions & Activities:
Optional activities and excursions ("the Services") available for booking are provided by local operators or other third parties that are entirely independent of Cosmos and do not form any part of the product or services sold to you by Cosmos or of these Terms & Conditions, even where Cosmos suggests particular operators/other third parties and/or assists you in booking such optional activities or excursions. Your contract for such Services will be with the organizer or operator of that Service and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. Cosmos has no liability for any such optional activity or excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional activity or excursion.
Any advice or assistance on or with any Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by Cosmos or that any such advice or assistance is given on behalf of Cosmos. Vacation participants are asked to check with the operator of any optional activity or excursion and the applicable Terms & Conditions before booking.
For operational reasons, not all optional excursions listed in the tour itinerary, published online or in travel documents may be available during your vacation. Your Tour Director will advise of availability while on tour.
Group Voyagers, Inc., located at 5301 South Federal Circle, Littleton, Colorado 80123, is an independent company ("the Company") licensed to market and distribute travel products under the Cosmos brand name, and arrange for the vacation services offered on this web site, 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 which 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 shall be first submitted to mediation at Denver, Colorado, before a mediator mutually agreed to by the parties. If mediation is not successful, the dispute must be resolved by binding arbitration under Colorado law before the Judicial Arbiter Group or its successor located at 1601 Blake Street, Denver, Colorado 80202. 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 in the state or federal courts in the State of Colorado.
Arbitration against the Company must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
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 Web site, including any term or condition set forth in the preceding provisions.
Cosmos is a service mark registered in the U.S. Patent and Trademark Office.