TRAVEL TERMS AND CONDITIONS:

Tour Ref.: ________________ / ____ PAX

Proposal # ________ / Invoice # _________

Tour Dates: From _________, 200_ - To __________, 200_

1.0 PARTIES

Tropical Discovery Services Inc., located at 2672 NW 112th Ave, Miami FL., 33172, is a travel services company offering Inbound Tour Operating Services throughout Central America. Tropical Discovery Services Inc. is registered with the State of Florida as a Seller of Travel (Registration No. ST35634).

The participants (hereinafter referred to as “Trip Participants”,) in consideration of their payment purchasing travel related services from Tropical Discovery Services Inc. (hereinafter referred to as “TDS”,) acknowledge they have received, read and agree to the terms and conditions set forth hereinbelow, covering the travel package organized by TDS.

2.0 RESERVATIONS & PAYMENTS

Early reservation is essential. TDS shall only consider a reservation confirmed upon the timely receipt of the required deposit. All reservation deposits must be paid by cash, check or credit card. A deposit of 50% is required at the time of booking. The balance is due forty-five (45) days before departure. Airfares will be billed separately at time of ticketing. TDS reserves the right to cancel any reservation if deposits or final payments are late.

Returned or dishonoured checks shall be subject to a US$25.00 fee and may subject the reservation to cancellation at the discretion of TDS.

3.0 CANCELLATION POLICY

TDS’ Cancellation policy is applicable to all invoiced services rendered, including without limitation, accommodation, airfare, extensions of tour, tour costs, tour-related FIT arrangements, and yacht chartering services. All cancellation service fees are non-refundable and will not be applied as a credit towards future travel. All cancellations must be received in writing and cancellation fees will apply as defined herein below.

Date of cancellation and applicable fees:
- Up to 90 days prior to departure - full refund minus a maximum US$200.00 “operational charge” per invoice will be charged.
- Between 89 and 60 days prior to departure – Ten (10%) Percent of invoiced amount will be charged.
- Between 59 and 45 days prior to departure – Twenty-Five (25%) Percent of invoiced amount will be charged.
- Between 44 and 21 days prior to departure – Fifty (50%) Percent of invoiced amount will be charged.
- 24 days or less prior to departure – Ninety (90%) Percent of invoiced amount will be charged.
- No refunds will be given for unused portions of the package.

TDS strongly recommends the purchase of TRAVEL INSURANCE in order to avoid incurring these possible charges. Please inquire for details.

4.0 SERVICES PROVIDED AS PER PROPOSAL/ITINERARY # ______

HOTELS: Hotels as per Proposal / Itinerary are included in price on the basis of two persons sharing a twin-bedded room. Single rooms must be reserved in advance at an additional cost. Specific bed types should be requested at time of initial registration, but cannot be guaranteed. TDS reserves all rights to substitute hotels for other TDS partner hotels of similar or higher ratings if necessary in its reasonable discretion. In such cases, however, amenities may not be the same.

MEALS: Meals as per Proposal / Itinerary are included in price provided by either TDS or the hotel.

SIGHTSEEING/TOURS: TDS shall provide an English-speaking guide for all Tours as shown in the Proposal / Itinerary, including entrance fees for places visited. Air-conditioned vehicles are utilized when available. There is no smoking on vehicles, but stops are made for smokers’ convenience.

GRATUITIES: All gratuities to hotel staff and guides for normal on-tour services are included. Additional gratuities can be given at the Trip Participants’ discretion.

TRAVEL DIRECTOR: Presence of Travel Director for certain segments of the trip, as deemed necessary by TDS. Trip Participants shall be provided with the contact number for the ‘in-country’ Travel Director.

TRANSFERS: Air-conditioned vehicles utilized when available. There is no smoking on buses, but stops are made for smokers’ convenience. The transfers included in price are as per Proposal / Itinerary.

5.0 SERVICES EXCLUDED

All expenses not identified above in the ‘Services Provided’ section including, without limitation, international air transportation; optional tours & guides; passport and visa expenses; laundry; wines, liquor, and all items of a personal nature; meals not specifically included above; buses or cars for sightseeing not included in the above; excessive baggage charges; health, accident, baggage, and trip cancellation insurance; also tipping for any personal services; gratuity to the Travel Director; airport taxes… etc. are expressly excluded by TDS. Said excluded services are the sole responsibility of the Trip Participants.

6.0 HEALTH & INOCULATIONS

Although all tours are private and tailor made, they can be considered moderately strenuous programs. Walking and climbing stairs are sometimes required and are part of many excursions. All trip members are expected and assumed to be in active good health, and shall notify TDS of any health risks in advance. At times a TDS representative may participate in certain excursions/tours with you and or your group. The TDS representative does so as a fellow Trip Participant and is not to be considered a guide. You are responsible to judge your own ability and to participate in a excursion/tour based on your own physical endurance, the weather, snow conditions and inclination of terrain. The ascending of a TDS Representative to a particular terrain or participation in a particular activity does not indicate the terrain or activity is safe or suitable for you.

Certain inoculations such as cholera and yellow fever may be required for travel to certain parts of Mexico, Central America and South America. Other inoculations are recommended. There is also a risk of contracting malaria in some parts of the world, and a malaria prophylaxis should be taken in those areas. Since the required and recommended inoculations may change, contact your doctor or your country’s local Health Department or the Center for Disease Control, and advise them of your itinerary. Additionally, we strongly suggest you have a complete physical since some trips go to areas of high altitude and extreme temperature fluctuation. Bring this to your doctor’s attention.

TDS reserves the right to decline to accept or retain any person as a passenger should such person’s health or mental condition or physical infirmity or general deportment impede the operation of the trip or the rights or welfare or enjoyment of other passengers; A refund of the unused land services for any such passenger is the limit of TDS’s liability related thereto.

7.0 INSURANCE

TDS is not responsible or liable for loss, damage or theft of personal luggage and belongings, nor is it liable for personal injury, accident or illness to any Trip Participant on a tour/excursion or otherwise. In most foreign countries, insurance coverage of personal injury, accident or illness is not available on the basis of U.S. or European standards. TDS offers and highly recommends trip cancellation, interruption, emergency medical evacuation, baggage, accident and sickness insurance to participants. Details will be sent at time of booking upon request. Insurance premium payments and refunds are subject to policies of the insurance carrier.

8.0 REFUNDS

Refunds are not made for less than three days absence from a trip and are limited to the amounts recoverable from the firms we patronize. Refunds are not made for unused sightseeing or meals, and applications for refunds must be made in writing to TDS within sixty (60) days of trip termination.

9.0 RESPONSIBILITY

Except where otherwise stated, TDS and affiliated and/or associated companies, agents, subagents, act only as booking agents in securing hotels, transportation and other travel services, whether by railroad, motor coach, rental car, private car, aircraft, boat or any other conveyance, and in no event shall TDS assume any liability for injury, damage, loss, accident, delay or irregularity which may be occasioned either by reason of defect in any vehicle or for any reason whatsoever, or through the acts of default or any company or person engaged in carrying out the arrangements of the tour or in the event of any failure by any person or company to render any transportation, lodging or other travel service to be provided on the trip. All hotels, transportation and other travel services are provided to trip members subject to all the terms and conditions under which they are offered to the public generally. Neither TDS, its affiliates, nor its agents shall become liable for any loss of personal injury or property or other damage to any Trip Participant or other consequences sustained on the trip whether arising out of or incident to the trip or otherwise, due to delay, schedule changes or any cause or irregularity occasioned by cancellation, overbooking, or strikes of airlines, trains, hotels, car rental company, ground service operators, in addition to force majeure, acts of God, etc. Moreover, TDS does not guarantee the psychological satisfaction of any Trip Participant for any reservations made.

The Trip Participants acknowledge and agree that certain tours / excursions involve biking, hiking, scuba diving, and other potentially hazardous sports and that any injury or death as a result of the Trip Participant’s activities are not the responsibility of TDS. Trip Participants further agree to hold TDS harmless should any death or injury result from the Trip Participant’s activities that may occur during the time of travel arranged by TDS.

10.0 RESOLUTION OF DISPUTES

Any controversy or claim arising out of or relating to a TDS tour, these terms and conditions, or any alleged liability of TDS shall be resolved by a court of competent jurisdiction residing exclusively in Miami-Dade County, Florida, and shall be construed and enforced in accordance with the laws of the State of Florida without reference to the choice of law principles thereof. Acceptance of the initial services to be provided shall constitute an acceptance by the party leader and his Travel Participants, of these terms and conditions.

Should any litigation, action, or suit or other proceeding be commenced between TDS and any of the Trip Participants hereto and/or their representatives or should any party institute any proceeding in a bankruptcy or similar court which has jurisdiction over any other party hereto or any or all of his or its property or assets concerning any provisions of this Agreement or the rights and duties of any person or entity in relation thereto, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney’s fees including an appeal or enforcement of any judgment shall be determined by the court in such litigation or in a separate action brought for that purpose.

11.0 MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms and Conditions, together with the written proposal, supersede and merge all prior agreements, promises, understandings, statements, representations, warranties, indemnities and covenants and all inducements to the making of these Terms and Conditions relied upon by either Party, whether written or oral, and embodies the Parties' complete and entire agreement. No statement or agreement, oral or written, made before the Effective Date will vary or modify the written terms of this Agreement.

Severability: In the event any portion or provision of these Terms and Conditions are held to be unenforceable or invalid by any court of competent jurisdiction, each Trip Participant agrees that the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not in any way be affected or impaired. If any part of these Terms and Conditions are stricken in accordance with the provisions of this section, the Parties will negotiate in good faith to replace the unenforceable provision with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Force Majeure: TDS will be liable for delays or failures to perform due to causes that are outside the reasonable control of TDS, that could not have been prevented by reasonable precautions and cannot be reasonably circumvented by TDS through the exercise of due care or through the use of alternate sources or other means. TDS agrees to use reasonable efforts to avoid or remove such causes for non-performance. Whenever such causes are removed or cease, TDS will continue to perform under the terms of these Terms and Conditions.

Successors and Assigns: These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns, provided, however, that neither party shall assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of the other, except to an entity controlled by, controlling or under common control with, such party.

No Waiver: The failure of either Party to enforce or insist upon compliance with any of the provisions of these Terms and Conditions will not be construed as a general waiver or relinquishment of any other provision of these Terms and Conditions.

Headings: Descriptive headings in these Terms and Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.

Client’s Signature : _________________________ Date: _______________

Print Full Name : ____________________________________

Travel Insurance? YES / NO

* Paying client is acting as representative for all those traveling in the group.