Terms & Conditions
for Travelers and Members
Last Updated: 26/09/2020
Introduction and Scope of Services
Sarah Tours, Inc. and its subsidiaries (together Sarah Tours) provide an online platform with technology for Travelers and Members to meet online, write reviews, search, compare and book tours, and other types of travel activities ("Tours"). Tours are booked directly from the respective Sarah Tours platform. The “Travelers” are travelers interested in booking a Tour. The “Members” are persons who completed Sarah Tours account registration process. Travelers and Members are jointly referred to as “you”.
The “Services” comprise listings for Tours exclusively created by Sarah Tours for small groups and private independent travelers in its own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.sarahtours.com including its subpages (collectively, the "Site") and any related applications (the "Application").
Sarah Tours is solely acting as a commercial agent for only its tours created and supplied by Sarah Tours, Inc. Sarah Tours is an operator of Tours, and a provider of tours, expeditions, and other travel activities, not a representative or proxy of any other Operator nor an insurer. Sarah Tours does own, sell, resell, furnish, provide, manage, control any transportation, tours and overland travel services and does act as a supplier to the Travelers.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
Bookings and Payments
Bookings by Travelers with Operator
Sarah Tours Group, Inc. is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through the Services. Sarah Tours Group is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter into a transaction with Sarah Tours for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such overland Tour imposed by the Sarah Tours and will receive necessary information from the Operator only. Sarah Tours is requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by our terms and conditions in its sole discretion) or the requested booking will be automatically cancelled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.
Payments by Travelers
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by Sarah Tours. The availability and price of a Tour can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable 45 days prior to departure of your tour.
Sarah Tours in its own discretion collects (through third-party payment processors) the Total Cost (as one payment or deposit plus balance payments). You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
Bank and Credit Card Fees
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Sarah Tours may pass on your payment to an international travel supplier. The currency exchange rate and the foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
By offering reservations for travel in particular international destinations, Sarah Tours does not represent or warrant that travel to such areas is advisable or without risk. Sarah Tours will not be liable for damages or losses that result from travel to such destinations.
You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. Sarah Tours bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday-related to improper documentation or government decisions about entry.
Sarah Tours, Inc. is committed to complying with sanctions imposed by the Office of Foreign Assets Control (OFAC). These sanctions change from time to time and impose restrictions on travel companies. Sarah Tours will not offer for sale journeys that include travel to any sanctioned country. Sarah Tours reserves the right to cancel any reservation made that is contrary to OFAC policy and/or sanctions and Sarah Tours will not directly or indirectly use any funds, or lend, contribute or otherwise make available funds to any person or entity, for the purpose of financing the activities of any company, country and/or persons currently subject to any U.S. sanctions administered by OFAC.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Traveler Cancellations and Refunds
Once your booking is confirmed by Sarah Tours, the Total Cost of your Tour is subject to the cancellation and payment terms. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by Sarah Tours. Cancellation must be done via your booking conversation page or by email.
If you are advised that your booking is on an 'on request' basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of Sarah Tours from the moment when you have submitted the booking request. When a tour is 'on request' Sarah Tours needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Traveler, you cancel such a booking, this does not entitle you to any refund. If Sarah Tours cannot confirm your request, you will receive a full refund.
Sarah Tours Cancellations and Refunds
If Sarah Tours cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveler within a commercially reasonable time of the cancellation by Sarah Tours and the Traveler may receive an email or other communication from us containing non-binding suggestions for alternative Listings and other related information. If Sarah Tours canceled a confirmed booking and you, as a Traveler, have not received an email or other communication from Sarah Tours, please contact us at email@example.com.
Sarah Tours Rewards Programs
Friends with Benefits
If applicable, Sarah Tours Friends with Benefits program allows you as a Traveler to earn Sarah Tours travel credits for friends who are not currently Sarah Tours members and who have never booked a tour with Sarah Tours (the “New User”) you refer that make a qualified booking with Sarah Tours. Members of the Sarah Tours affiliate program may not simultaneously collect travel credits via your invite link. To accumulate and redeem travel credits you must maintain a Sarah Tours account in good standing. To earn travel credits, refer New Users by sending them your personal invite link, available in your member's area on the Site. You may also share your unique invite link via email and social media to friends and family. You may not share your personal link on public forums or coupon sites. If you do this, it is a violation of this Agreement and Sarah Tours may terminate your account. You will then forfeit all credits in your account. Sarah Tours reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
If the New User clicks your unique invite link (or enters your invite code) and books directly with Sarah Tours using your indicated discount (unless otherwise stated 5 %), Sarah Tours will deposit the indicated amount (unless otherwise stated 5 %) of your friend’s tour value on the day your friend books the tour, to your Sarah Tours Account. You must be signed in to your Sarah Tours account to use your travel credits. These credits can be used to book any tour through Sarah Tours. Travel credits are non-refundable. Upon cancellation of a tour by the Traveler, any credits used for the booking will not be refunded.
Sarah Tours reserves the right at any time to modify or discontinue the Friends with Benefits program either temporarily or permanently (or any part thereof) with or without notice. Sarah Tours will not be liable to you in the event of any modification, suspension or discontinuance of this program. Travel credits are not redeemable for cash or equivalents. Sarah Tours promo codes and travel credits cannot be applied to existing confirmed bookings.
Should you choose to cancel your Sarah Tours membership, any travel credits you have at the time will not be refundable.
Other Travel Credits
Sarah Tours may in its sole discretion provide travel credits as part of Sarah Tours rewards program. These travel credits will be based on the tour you book and they may be deposited into your Sarah Tours account. These credits can be used on the same basis as outlined above for the Friends with Benefits program.
Sarah Tours may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for tours and on the same basis as outlined above for the Friends with Benefits program. Only one promo code can be redeemed per booking and they may not be combined with travel credits.
All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by the United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
All software, applications, and modules (collectively "Software") used on Sarah Tours +Site are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any "robot", "spider", or any other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.
Sarah Tours may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”). By making available any Content on or through the Services, you agree that Sarah Tours may use the Content as Sarah Tours at its discretion sees fit in particular on its (mobile) website and app, and in (online/offline) promotional materials and publications. You hereby grant to Sarah Tours Group a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services. Sarah Tours does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Sarah Tours Group the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Sarah Tours Group's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and Sarah Tours Group will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
Sarah Tours may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your Sarah Tours account.
Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
Sarah Tours Inc.
2670 Union Avenue Ext
Memphis, TN 38112
We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
If you choose to use the Services, you do so at your sole risk. Sarah Tours does not have an obligation to conduct checks on any Travelers, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided "as is", without warranty of any kind. In particular.
Sarah Tours is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Sarah Tours Group explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by Sarah Tours. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked with Sarah Tours (whether through this site or call center), even if advised of the possibility of such damages.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you.
Sarah Tours shall only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of Sarah Tours obligations with respect to the Services, up to the maximum amounts specified herein. Neither Sarah Tours nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the tour as made available, (c) the services rendered or the products offered by Sarah Tours or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services. Sarah Tours has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event will Sarah Tours aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sarah Tours and you.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips, or the Intellectual Property.
Fortunately, complaints are few and far between. However, should you have a complaint, please contact Sarah Tours customer service at (e-mail and phone) within 60 days of return from your tour. A consumer may also bring proceedings in the courts of the country in which consumer is domiciled. However, consumer agrees that complaints not received within 60 days from the return date of your tour will be barred.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms. The commercial relationships that Sarah Tours has with other travel suppliers are governed by separate agreements. Suppliers may have, declare applicably or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).
Sarah Tours reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application, and Services post-change constituting acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.