TERMS & CONDITIONS
1.
TOMFLIES.COM, as your travel organizer, guarantees the implementation of the package according to the description you have received in the travel program. The content of the arrangement will be fully executed in the manner described, except in the case of exceptional circumstances (war, riots, strikes, terrorist actions, sanitary disorders, natural disasters, intervention by competent authorities, etc.).
2.
Travel applications are received at the TOMFLIES.COM office, as well as at the branch offices of the agency which have authority. The PASSENGER can apply in person, by telephone, by fax, or online. When signing in, the PASSENGER is required to provide all the information or documents required by the specific travel program. The PASSENGER guarantees that TOMFLIES.COM is provided with the correct and valid information necessary for the unobstructed execution of the travel program. The PASSENGER must carefully read the invoice, tickets, and all other documents TOMFLIES.COM sends as soon as they are received. The PASSENGER must contact TOMFLIES.COM immediately if any information appears to be incorrect. TOMFLIES.COM will not accept any liability if the PASSENGER fails to notify of any inaccuracy in any document within 24 hours of the PASSENGER’s receipt. The PASSENGER must clearly state all dietary requirements at the time of booking. TOMFLIES.COM cannot guarantee that special dietary requirements can be met, and cannot take responsibility for any such requirements not being fulfilled. If any PASSENGER has a medical condition or requires special arrangements that may affect their trip, TOMFLIES.COM asks to be informed in writing at the time of booking. If the needs of the PASSENGER may not be reasonably accommodated, TOMFLIES.COM may decline the booking or ask that the PASSENGER be accompanied by a caretaker who is able to provide full assistance throughout the trip.
When signing up, the PASSENGER must pay a deposit of 30 percent of the value of the arrangement (unless otherwise stated in the contract), and the remaining 70 percent is to be paid at least 21 days prior to departure, unless otherwise stipulated in the contract. TOMFLIES.COM will not accept reservations without a paid deposit. If the PASSENGER does not accept a confirmed reservation made on their request, TOMFLIES.COM will keep the full amount of the deposit to cover the cost of the reservation. By signing the contract and paying the deposit, the PASSENGER confirms that they are familiar with the program and conditions of the trip, and accepts them in full. All that is stated under these conditions becomes a legal obligation for both the PASSENGER and TOMFLIES.COM. The contract is considered binding after it has been signed by the PASSENGER, and indisputably insures the payment of the remaining amount until the agreed date.
If the PASSENGER is late with payment, TOMFLIES.COM has the right to cancel the program and request financial compensation according to the Cancellation Policy stated in the program.
3.
The content of the arrangement includes everything that is stated in the program. The price of the arrangement includes everything TOMFLIES.COM has mentioned in the program under the “Package Price Inclusions” section. Special services are not included in the price of the package, and therefore the PASSENGER will be required to pay for them, if needed. These services should be requested at sign up and are subject to a surcharge. Optional and special services that a PASSENGER requests during their travel are paid to tour guides or TOMFLIES.COM representatives in the currency of the country in which they are provided.
TOMFLIES.COM reserves the right to increase the published prices in the event of an increase in the prices of accommodation, food, transport, and other services, and in the case of the group falling below the minimum number of travelers indicated in the program. TOMFLIES.COM may, at least twenty-one (21) days before the departure date, request an increase in the package price, solely in writing. If the package price increases, the PASSENGER has the right to withdraw from the arrangement, and is obliged to inform TOMFLIES.COM in writing within three (3) business days of receiving the notification. In case of cancellation of the arrangement, the PASSENGER is not entitled to compensation for damages. If the PASSENGER does not deliver a response to TOMFLIES.COM in writing and within that period, it is considered that he/she agrees with the price change.
4.
Offered accommodation facilities, restaurants, means of transport, etc. are described according to the official categorization of the local tourist organization at the time the program is being executed. Standards of accommodation, food, and services are different and not comparable between different destinations. The information that the PASSENGER receives at a point of sale does not oblige the organizer to a greater extent than the information specified in the travel program.
5.
TOMFLIES.COM may cancel the arrangement in whole or in part if, prior to and during, if there are exceptional circumstances that can’t be avoided or remedied (see point 1). TOMFLIES.COM may make a change to the program if the airline’s flight, or the ship schedule, is changed. Contracted accommodation can only be replaced by accommodation in the same or higher category and at the expense of the organizer.
6.
TOMFLIES.COM may cancel the arrangement if the sufficient number of travelers for a particular arrangement is not met. Within each program, the organizer states the minimum number of travelers required in order for it to operate. TOMFLIES.COM can cancel the arrangement if major changes are made to the flight schedule or the ship voyage schedule, or to the bankruptcy of the air or shipping company. TOMFLIES.COM is obliged to inform all PASSENGERS of the cancellation no later than five (5) days before the departure date and return them the full amount paid of the package.
7.
Airfare Cancellation policy
Most of our airline tickets are 100% non-refundable and non-transferable. In certain cases where the airline may allow cancellations, a credit may be valid towards a future ticket purchase by the same traveler on the same airline. Usually the credit issued by the airline supplier has a specific expiration date, after which it cannot be used. We encourage you to discuss additional restrictions attached to your credit with a customer service agent. All such bookings where the cancellation may be permitted must be cancelled prior to the scheduled departure time of the first flight segment by calling our customer service center. We do not guarantee any cancellation. When you are ready to make your new booking and wish to use your airline credit, you will be required to the pay fare difference (if any), applicable airline penalties and any applicable TomFlies.Com post-ticketing fees. All such changes are governed by each airline’s fare rules, policies and procedures, which are not under our control. No additional representation is made for our exchange fees except that an agent will assist you in locating your desired new flights and attempt to re-book the new flights based on availability and other factors.
Land Package Cancellation policy
If the PASSENGER wants to cancel a program, they must do so in writing. Cancellations vary based on the inclusions of the land package, and will be clearly stated in the contract and agreed upon by the PASSENGER and TOMFLIES.COM.
In case of cancellation of the arrangement, the cost of issuing the visa/travel documents and the cost of the premium paid for the cancellation insurance shall not be refunded. The mentioned cancellation costs also apply to changes in the date of departure or accommodation, as well as any other changes. If the PASSENGER who cancels the trip finds a new traveler for the same reservation, TOMFLIES.COM will only retain the costs caused by the replacement.
8.
TOMFLIES.COM will offer a “package of travel insurance” for purchase, where TOMFLIES.COM is an intermediary. Travel insurance consists of the health insurance for the PASSENGER during their stay abroad, baggage insurance, casualty insurance, and travel cancellation insurance, offered for both overseas and domestic travel. Upon payment of a deposit, the PASSENGER will confirm that a “package of travel insurance” has been offered.
Travel cancellation insurance can be purchased in order not to fall under Point Seven (7) of the TOMFLIES.COM Cancelation Policy. If the PASSENGER anticipates that, due to covered reasons (sickness, natural disasters at the place of residence, military deployment, death) the program may need to be cancelled, the PASSENGER can activate the travel cancellation insurance policy. Travel cancellation insurance is payable upon conclusion of the contract and can’t be paid later. The amount of the insurance premium is calculated on the basis of the value of the travel and according to the price list of the insurance company. In case of cancellation, the PASSENGER will not be returned the amount paid for the premium for cancellation insurance.
9.
Luggage cost is determined by the air carrier. The excess luggage is paid by the airline’s valid price list. Children, regardless of age, are not entitled to free luggage transport in air transport. In the case of air transport, the airline is solely responsible for luggage on the basis of air traffic regulations. The luggage is transported at the PASSENGER’s risk; therefore it is recommended to hold luggage insurance with the insurance company. TOMFLIES.COM is not responsible for lost luggage, or for the safety of luggage or valuables at the accommodation.
10.
TOMFLIES.COM is obliged to take care of the choice of service providers with the full attention of a good organizer, and to take care of the rights and interests of the PASSENGER in accordance with good practices in tourism. TOMFLIES.COM excludes any liability in the event of change and non-performance of services caused by force majeure (see Point One) or due to delays in transport of goods for which the carrier fails to comply with the applicable regulations and international conventions.
11.
The PASSENGER shall:
– Have valid travel documents. Passports should be valid for a minimum of six (6) months after the final day of travel. Costs of loss or shipment of documents during the trip are responsibility of the PASSENGER. The facilitator or organizer’s representative will help, provided that the program is unobtrusive.
– Vaccinate and possess vaccination certificates and documents in countries that are required under the World Health Organization regulations. In this case, the PASSENGER will submit a medical certificate. Failure to comply with these documents, the inadequacy of travel documents leading to the abandonment of travel, or the inability to continue the program shall not be binding to TOMFLIES.COM, and the cancellation costs referred to in Point Seven (7) shall be charged.
– Respect the customs and foreign currency regulations of the USA, as well as the countries in which they are staying during the program.
–Maintain house order in all visited facilities, and cooperate with service providers with good intentions.
– Observe the instructions and cooperate with the tour guide or TOMFLIES.COM representative. In the event of non-compliance with these obligations, the PASSENGER shall be liable to TOMFLIES.COM for any damages incurred.
12.
If the services listed in the program are incomplete or of a lesser quality, the PASSENGER may request proportional damages if a written complaint is filed. Both the PASSENGER and the contractor retain the right to complain about any unpaid contracted service. Each PASSENGER complaint is submitted separately. TOMFLIES.COM will not receive group complaints.
Procedure relating to the objection:
– Immediately, in the destination traveled, the PASSENGER advertises the inadequate service to the tour operator or representative of TOMFLIES.COM, and if not, to the service provider. The PASSENGER is obligated to cooperate with the tour guide or representative of TOMFLIES.COM and the service provider in good faith in order to remove the causes of the complaint. If the PASSENGER does not accept the solicitation of the complaint, which corresponds to the paid service, TOMFLIES.COM will not accept or respond to a subsequent PASSENGER complaint.
– If the cause of the complaint has not been rectified, the PASSENGER will, with the tour operator, representative of TOMFLIES.COM, or the service provider, prepare a written confirmation with two copies signed by both. The PASSENGER holds one copy of this certificate.
– At the latest, eight (8) days after returning from the destination, the PASSENGER must submit a written complaint to the point of sale where he has paid the arrangement and enclose a written confirmation signed by the representative and possible invoices for additional charges. TOMFLIES.COM will only accept the documented remarks received within the specified period of eight (8) days.
– TOMFLIES.COM is required to make a written decision within 14 days upon receipt of the complaint at the point of sale. TOMFLIES.COM may postpone the deadline for complaints to collect information and verify the allegations of the complaint with the service provider for a maximum of 14 days. TOMFLIES.COM will only accept complaints in which the cause could not be addressed in the destination. The highest fee per complaint can reach the amount of the advertised part of the service, and cannot include the services already used, or the total amount of the arrangement.
13.
TOMFLIES.COM is committed to protecting the personal information of the PASSENGER and agrees to process personal information in accordance with the TOMFLIES.COM Privacy Policy, which is available online at www.TomFlies.com. In order to ensure that booking and travel arrangements for the PASSENGER run smoothly, TOMFLIES.COM needs to use the information provided by the PASSENGER to be relayed to other relevant suppliers who are responsible for parts of the travel arrangements. In many cases this will include transferring data to overseas recipients. In making a booking, the PASSENGER consents to this information being passed on to the relevant persons. Information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. This consent applies to any sensitive information that the PASSENGER gives to TOMFLIES.COM, such as details of any disabilities or dietary/religious requirements.
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Privacy Policy
At TomFlies.com, we recognize that privacy is important. This Privacy Policy applies to all of the products, services, and websites owned and offered by our parent company, Tom Tours & Services, Inc.
What information do we collect?
In order to purchase travel and related services and products through our website, you must provide us with specific personal information such as your name, credit card number and expiration date, credit card billing address, telephone number, email address, the name or names of the person(s) traveling, and their dates of birth. We may also ask you for other personal information, such as your frequent traveler numbers. We need this information to process, fulfill, and confirm your reservations and transactions.
If you are making a reservation for one or more travelers other than yourself, you will need to make sure that each of these other travelers agrees in advance and that you may disclose their personal information to us.
Furthermore, we collect information from you when you register on our site, place an order, or subscribe to our newsletter.
When ordering or registering on our site, you may be asked to enter, where appropriate, your name, e-mail address, mailing address, phone number, or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
-To personalize your experience
(Your information helps us to better respond to your individual needs)
-To improve our website
(We continually strive to improve our website based on the feedback we receive from you)
-To improve customer service
(Your information helps us to respond more effectively to your requests and needs.
-To process transaction
(Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)
-To send periodic emails
(The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to occasional company news, updates, related product or service information, etc.)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database, only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 30 days.
Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser that enables the sites or service providers systems to recognize your browser, and capture and remember certain information. We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Information for TSA watch list screening and how this data is used
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Children’s Online Privacy Protection Act Compliance
Since we comply with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Furthermore, Tomflies.com does not sell travel or other services for purchase by children and does not knowingly collect information from people under the age of 18. If we become aware of the fact that a minor is attempting to submit personal information, we will inform the minor that he or she is ineligible to do so. We will then remove this information from our records.
Online Privacy Policy Only
This online Privacy Policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our Web site Privacy Policy.
Changes to our Privacy Policy
If we decide to change our Privacy Policy, we will post those changes on this page.
Contacting Us
If you have any questions about this Privacy Policy, Tomflies.com’s privacy practices, the practices of this website, or your dealings with this website, please contact us at privacy@tomflies.com, or at the following address:
TomFlies.com
19 W. 34th St, Suite 906
New York, NY 10001