Brian Judd Tours Inc.
Passenger Agreement & Full Terms and Conditions
1. Agreement to Terms
By booking, placing a deposit, making final payment, or participating in any tour or cruise operated by Brian Judd Tours Inc. (“Company”), you acknowledge that you have read, understand, and agree to these Terms & Conditions.
2. Acceptance Through Booking, Payment & Travel
These Terms & Conditions are made available on our website and upon request by phone or email. By placing a deposit, making final payment, or participating in travel, you confirm acceptance at each stage.
- Deposit: You confirm you had the opportunity to review and accept these Terms & Conditions
- Final Payment: You reaffirm your acceptance of all Terms & Conditions and risks.
- Participation: By traveling, you again acknowledge and accept these Terms & Conditions in full.
This agreement is binding upon you and your family members, heirs, estate, personal representatives, and assigns, to the fullest extent permitted by law.
3. Nature of Group Travel
The Company provides escorted group tours and cruises. Group travel is a shared experience with fixed schedules, shared transportation, and pre-arranged activities. Tour managers and guides are responsible for the group as a whole, not individual travelers.
- All travelers must follow schedules and instructions.
- Late arrivals may miss activities; no refunds or credits are provided.
- Group decisions and timing are made to benefit the group overall.
4. Physical Requirements & Pace of Travel
Group travel involves regular physical activity. Conditions—especially internationally—may differ from those in the United States.
- Walking, standing, stairs, uneven terrain, and extended activity periods may be required.
- Sidewalks, streets, and venues may be irregular or not accessible
- Timed entries and pre-paid activities require maintaining a reasonable group pace.
If you are unable to keep pace, you may need to separate from the group and are responsible for arranging and paying for transportation to rejoin the group at your own expense.
Travelers should carefully evaluate their physical ability and may contact our office for detailed activity levels before booking. We encourage travelers to select tours that best match their comfort level and pace.
5. Seating & Motor Coach Policies
- Seat rotation may be required
- Seats are not permanently assigned
- Front or specific seats cannot be guaranteed or reserved.
Participation in seat rotation ensures fairness for all travelers. Travelers requiring specific seating should consider whether group travel is appropriate.
6. Third-Party Providers
The Company contracts with independent providers including motor coach companies, cruise lines, airlines, hotels, restaurants, and activity operators.
- These providers are not owned or controlled by the Company.
- The Company is not responsible for acts, errors, omissions, or policies of such providers.
- All services are subject to the terms and conditions of those providers.
7. Accessibility & ADA (U.S. Travel)
The Company will make reasonable, good-faith efforts to accommodate travelers with mobility or accessibility needs in accordance with applicable laws.
- Group travel relies on third-party providers with varying capabilities.
- Not all vehicles, hotels, or venues may be fully accessible.
- Accessibility cannot be guaranteed in all circumstances.
Travelers must notify the Company of needs in advance and ensure they can safely participate or travel with a capable companion.
8. International Travel Disclaimer
For travel outside the United States:
- ADA laws do not apply.
- Infrastructure, safety standards, and accessibility may differ significantly.
- Medical facilities and response times may vary.
9. Health, Fitness & Personal Responsibility
- Travelers must be physically able to participate.
- Travelers must manage their own medications and medical needs.
- Company staff are not medically trained and do not provide personal or medical care.
10. Safety & Conduct
The safety of all travelers and staff is the highest priority.
- The Company may require a traveler to forgo an activity for safety reasons.
- The Company may remove a traveler from a tour or cruise if their condition or behavior creates a risk.
In such cases, no refunds or credits will be provided, and the traveler is responsible for all resulting costs.
11. Participation Limitations
Some activities or venues may not be accessible or may restrict mobility devices. If a traveler cannot participate, no refunds or credits will be provided. Participation is voluntary.
12. Itinerary Changes & Flexibility
The Company reserves the right to modify itineraries due to weather, road conditions, safety concerns, mechanical issues, or supplier changes. No refunds are provided for such adjustments.
13. Baggage & Personal Property
Travelers are responsible for their belongings. The Company is not responsible for loss, theft, or damage, including items stored in motor coach luggage bays.
14. Deposits, Payments & Financial Responsibility
Upon receipt of a deposit, the Company uses funds to immediately secure services on the traveler’s behalf, including but not limited to airline tickets, hotel accommodations, motor coach seats, train tickets, sightseeing admissions, meals, and related services.
- Many services are non-refundable once purchased.
- Deposits labeled as non-refundable are non-refundable.
- Funds are not held; they are used to guarantee services in the traveler’s name.
A deposit confirmation letter (by mail or email if requested) will outline payment schedules and cancellation penalties, including those imposed by third-party providers.
If a traveler cancels, funds may already be committed to services purchased in their name. The Company does not retain funds without purpose.
15. Travel Insurance (Strongly Recommended)
Travel insurance is strongly recommended to protect against unforeseen events.
- Trip cancellation and interruption
- Medical and dental expenses
- Emergency medical evacuation
- Baggage loss, damage, or delay
Coverage is determined by the policy. Travelers are responsible for understanding their coverage. The Company is not responsible for denied claims or policy limitations.
16. Assumption of Risk
Travel involves inherent risks that cannot be eliminated.
- Transportation risks, road and weather conditions
- Physical activity and uneven terrain
- Exposure to wildlife (e.g., safaris in Kenya) and natural environments
- International conditions (e.g., Peru, Europe) with differing infrastructure and safety standards
- Illness, injury, medical emergencies, delayed care, permanent disability, or death
By participating, you voluntarily accept all risks and acknowledge responsibility for determining whether travel is appropriate for your health and circumstances.
This acknowledgment is binding upon you and your family members, heirs, representatives, and estate.
17. Limitation of Liability
To the fullest extent permitted by law, the Company and its owners, officers, employees, agents, representatives, successors, heirs, and assigns shall not be liable for injury, death, loss, damage, delay, or inconvenience arising from travel or third-party services.
18. Release of Claims
You release, waive, and agree not to bring claims against the Company and all associated parties for any issues arising from participation, including those related to risks described herein.
This release applies to you and your family members, heirs, estate, personal representatives, and assigns, to the fullest extent permitted by law.
19. Photography & Media Release
You consent to the use of photos and videos taken during travel for marketing purposes without compensation.
20. Force Majeure (Unforeseen Events)
The Company is not responsible for events beyond its control, including but not limited to:
- Acts of God, severe weather, natural disasters
- War, terrorism, civil unrest
- Government actions, border closures, or travel restrictions
- Transportation disruptions or mechanical failures
- Public health events or pandemics
Such events may result in delays, itinerary changes, or cancellations. No liability is assumed, and no refunds are guaranteed for such events.
21. Governing Law
These Terms & Conditions are governed by the laws of the State of Utah.
22. Dispute Resolution, Arbitration & Venue
Any dispute shall be resolved through binding arbitration in Salt Lake County, Utah, under Utah law.
23. Class Action Waiver
All claims must be brought individually and not as part of a class or collective action.
24. Severability
If any provision is found unenforceable, the remaining provisions remain in full force and effect.