Welcome to Mocha Travel: Understanding Our Terms
Before booking a trip with Mocha Travel, we invite you to carefully read the following terms and conditions set forth in this agreement (also referred to as ”Terms.)” These Terms form the entire understanding and agreement of the relationship between you, the tour participant (“Client“), and Mocha Travel LLC, a Georgia limited liability company, (“Mocha Travel,” ”MT,” “we,” or “us”) with respect to our services, including but not limited to any and all bookings, reservations, tours, or transactions made with MT, including use of our website (“Services”).
Our Terms are carefully crafted to foster a clear and trusting relationship between you and Mocha Travel. They include essential warranties, disclaimers, and limitations of liability so please read this agreement carefully. By agreeing to these Terms, you are securing a commitment from us to provide you and your traveling party with enriching and culturally immersive travel experiences.
Binding Agreement for All Members
As you plan your travel adventures with MT, you, along with all members of your traveling party, are collectively entering into an agreement governed by these Terms. By using our Services, paying a deposit, or agreeing to these terms, you accept all of the terms in this agreement on your own behalf and on behalf of all individuals within your traveling party, including any minor under your custody, care, or control (“Minor” or ”Child“) (also collectively and individually referred to as the “Client”, “you”, “guest” or “passenger”).
At Mocha Travel, we pride ourselves on creating bespoke travel experiences. While we facilitate your travel arrangements, it’s important to understand that we collaborate with a variety of selected third-party service providers (“Suppliers”) to ensure your journey is seamless and memorable. These Suppliers offer accommodations, transportation, and other services that contribute to your unique travel experience. These Suppliers include, but are not limited to, the Travel Hosts who accompany you and your traveling party on your trip. While we use our best efforts to select the Suppliers for these components of your trip, you acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed or controlled by us, and are not our agents or employees. A Supplier’s services are subject to the Supplier’s own terms and conditions, and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay cancellation, overbooking, or strike. You acknowledge and agree that Mocha Travel is not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity.
1. Access to Mocha Travel Services
Hours of Operation and Contact Information
At Mocha Travel, we value your time and strive to make our services as accessible as possible. Our customer service is available to assist you during our business hours, as stated on our website, or by appointment.
For any inquiries, assistance with travel bookings, or other services, please feel free to reach out to us:
We are committed to providing timely and attentive support to ensure your travel planning is smooth and enjoyable.
2. Use of Mocha Travel Services and Requirements
Financial Responsibility
You are financially responsible for all travel arrangements made through Mocha Travel, both for yourself and all other individuals in your traveling party listed on the booking, including any minor children.
Accuracy of Information
You are required to provide accurate, truthful, and timely information for yourself and your traveling party. This information is crucial for us to customize your travel experience and ensure all arrangements meet your expectations.
Booking Legitimacy: All bookings with Mocha Travel must be legitimate and necessary. Speculative, false, or fraudulent bookings are strictly prohibited. Mocha Travel reserves the right to deny service for any booking that fails to meet our standards of integrity and authenticity.
Traveler Conduct
Mocha Travel values a respectful and professional environment in all interactions before, during, and after travel. We reserve the right to terminate our services at any time if a client exhibits aggressive behavior, threatening actions, disrespect, verbally abuse, offensive, profanity, or any other conduct that detracts from or interferes with our tours or with our ability to provide services to you or other customers. In instances where such conduct leads to the discontinuation of our services, which includes but it not limited to removal from a tour, it is important to understand that any payments made for services will be subject to our cancellation policy.
Minors
If your traveling party includes travelers under 21 years of age, those travelers must be accompanied by an adult 21 years or older at all times during the tour.
3. Billing Plans
Payment Options and Installment Plans
You have the flexibility to choose between paying in full or opting for an installment plan. However, if your booking occurs after the final payment date, as detailed on the Trip Page, full payment will be required at the time of booking. By choosing the installment plan, you agree to the payment dates listed on your order form.
Courtesy Reminders and Adjustments
While we send courtesy payment reminders, timely payments are your responsibility. Should you require adjustments to your payment schedule, you must contact us at least seven (7) days prior to your next scheduled payment. Note that final payment dates are fixed to align with our contractual agreements with our partners and cannot be adjusted.
Installment Plan Adjustments: To modify your installment schedule to bimonthly, weekly, or quarterly payments, you must email us at least 7 days before your upcoming due date. Note that your account must be up-to-date, with all previous payments cleared, to qualify for any changes to your payment plan.
Opting Out of Automatic Billing: If you decide to opt out of our automatic billing plan, you must notify us by emailing hello@mocha-travel.com at least 7 days before your next scheduled installment. Remember, opting out of automatic billing means you assume the responsibility to make timely payments according to the established installment dates. Be aware that late fees will be applied to any past due balances.
4. Payment Policy
Final Payment Date
Your final payment date, as detailed on the Trip Page, is the definitive deadline for your trip’s total payment. This date overrides any previously scheduled installment dates. Please note that this final payment date is fixed and non-negotiable. In the event that full payment is not received by this date, your trip may be fully cancelled, and you will not be eligible for a refund. We strongly advise adherence to this deadline to avoid any disruptions to your travel plans.
Late Payments and Associated Fees: For payments overdue by more than 14 days, a late fee of $50 will be applied to each missed payment. It’s important to ensure your credit card information is current or to request any necessary adjustments to your installment schedule at least 7 days before your scheduled payment date. Ignoring payment reminders may put your reservation at risk. Please be aware that if your account becomes 28 days past due without an established payment arrangement, your booking may be automatically canceled with no refund. Prompt attention to payment schedules is essential to maintain your travel plans.
Managing Past Due Balances: If you have an outstanding balance that is past due, you must contact us immediately to arrange payment. You can reach out to our team at hello@mocha-travel.com for assistance. It’s essential to address and clear any past due amounts promptly. Once your past due balance is fully settled, we can then proceed to discuss and potentially modify your installment plan. Timely resolution of overdue payments is crucial for maintaining your travel arrangements with us.
Cancellation Terms: Safeguarding Your Travel Investment
In the event you need to cancel your travel plans, you must notify us in writing at hello@mocha-travel.com. Cancellations are only effective when we receive your written notification of cancellation. Be mindful that cancellations often lead to the forfeiture of any payments made, as per our partnership agreements and policies. As detailed below, Mocha Travel enforces a ‘No Refund’ policy.
To protect yourself against unforeseen circumstances that might prevent you from traveling, we strongly recommend purchasing travel insurance. This step can offer peace of mind and financial protection in various scenarios, ensuring your travel investment is secure.
Non-Refundable Policy: Maintaining High Standards and Value
Mocha Travel is dedicated to providing exceptional travel experiences, beginning from the moment of booking confirmation. Our team immediately engages in detailed preparations, including personalized Client Care and Concierge Services, to ensure your journey is unforgettable. We also enter into binding agreements with various service providers, including hotels and airlines, to secure the high-quality elements of your travel package.
In light of these early commitments and arrangements, we uphold a non-refundable policy for all bookings. This policy is a key factor in preserving the value and competitive pricing of our travel packages while allowing the flexibility of installment payments.
We want to make it clear that this non-refundable policy is integral to our business model, allowing us to deliver the premium travel experiences that Mocha Travel is known for. Should there be any specific exceptions to this policy, they will be clearly indicated on your booking form.
Policy on Chargebacks: In cases other than fraud, you agree not to initiate chargebacks to avoid or violate MT’s terms. Should you attempt a chargeback, reversal, or recollection of a payment, Mocha Travel reserves the right to recover all associated costs, including attorney fees. We encourage communication with us to resolve any payment issues instead of resorting to disputes with your bank or credit card company.
5. Travel Packages
Mocha Travel offers two primary types of packages for each trip, tailored to meet the diverse needs of our travelers: the Full Package and the Land Only Package.
Full Package: Comprehensive Travel Experience
The Full Package is designed for a complete travel experience. It includes round-trip flights from a designated U.S. airport to your destination and airport transfers. Additionally, this package encompasses all the elements listed in the trip itinerary, such as hotel accommodations, activities, tours, guides, and meals.
Land Only Package: Tailored for Flexibility
For travelers who prefer to manage their own air travel, the Land Only Package is an ideal choice. This package does not include flights or airport transfers. Instead, it focuses on the core components of the trip, including hotel stays, activities, local transfers, tours, guides, and meals as outlined in the itinerary.
Package Change Policies
Tour Documents
Mocha Travel will issue tour documents to you detailing travel arrangements and flights, if purchased through Mocha Travel, 14 – 28 days prior to the departure date. You and your traveling party must review this document and confirm that all information is accurate within 24 hours of receipt.
Making a Change to Your Packages
To request a change to a Full Package from a Land Only Package, you must contact our Client Care team at hello@mocha-travel.com. We are here to assist you in making your travel experience as smooth and enjoyable as possible.
If you request to make changes your confirmed itinerary after we confirm your booking, we will do our best (but cannot guarantee we will be able to meet such requests) to accommodate your request. If we are able to make such changes, there may be additional payment required, including any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Substantial change requests by you such as a change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. This change will result in recalculation of your original tour price. Change requests must be made in writing and emailed to hello@mocha-travel.com.
Pricing Per Person and Inclusions
Unless otherwise noted, all prices listed by Mocha Travel are per person, based on the total number of guests in the booking, unless specified otherwise. Travel package prices include MT’s planning, handling and operational charges (our Administration Fee, as defined in Section 11) in addition to supplier costs and fees (typically non-refundable), are quoted in U.S. dollars and, subject to these Terms and Conditions, are based on the current in-house rate of exchange and tariff. These prices do not include personal expenses such as laundry, wines, water, beverages, food (except in all-inclusive resorts or as clearly specified), passport and visa fees, insurance, and foreign port taxes, unless they are explicitly included in the package.
Prices are accurate at the time of publication but are subject to change due to fluctuations in airfares and limited availability in certain classes of service. Prices and availability are not guaranteed and may change without notice, until your deposit/payment has been received by Mocha Travel and your booking has been confirmed by us in writing. If your deposit/payment is not received by Mocha Travel, on or before the Deposit Due Date, reservations will be automatically cancelled. In the event of a marked increase or decrease in foreign exchange or tariff rates, taxes, fees or surcharges, as Mocha Travel shall determine, costs are subject to revision. In the event of a human or computer error, Mocha Travel reserves the right to re-invoice for the correct price or service.
Accuracy and Availability of Travel Information: Ensuring Correct Information
Mocha Travel is dedicated to providing precise and current information to our clients. Despite our rigorous efforts, there may occasionally be inadvertent errors in pricing or other travel details. We reserve the right to correct these errors when they are discovered. Should there be any pricing errors or omissions, we are committed to making the necessary adjustments or corrections to uphold accuracy and transparency. MT is not responsible for any errors or omissions in any quotes or advertisements, including information posted on its website, which occur as a result of its reliance on incorrect information supplied by third parties.
Availability of Offers, Add-Ons, Upgrades, and Promotions
Our travel offers, including attractive Add-Ons and Upgrade options, alongside incentives and promotions, are curated to enrich your travel experience. However, it’s important to note that these offerings are subject to availability and may change without prior notice. We strive to provide timely updates on any changes that may affect your travel plans.
Advantages of Early Reservations
To fully benefit from our range of services, including special Add-Ons and Upgrades, we encourage prospective clients to book their travel early. Early reservations increase the likelihood of securing your desired travel package, taking advantage of promotional offers, and avoiding potential increases in fares or additional fees associated with late bookings. Proactively planning and reserving your travel ensures a smoother and more satisfying travel experience with Mocha Travel.
6. Passports, Visas & Entry Requirements
Responsibility for Passport Validity and Visa and Entry Requirements
You and those traveling with you assume sole responsibility to independently confirm all documentation requirements for all passports, visa, vaccinations, immunizations, and other entry/travel requirements for all of your destinations (collectively, the “Travel Requirements”). You assume sole responsibility for, and hereby release Mocha Travel from, any and all damages incurred as a result of your failure to comply with all applicable Travel Requirements.
Clients holding a U.S. passport are responsible for ensuring their passport is valid for travel. It is important to note that U.S. passports for minors (children under 18) are valid for 5 years. Guardians must ensure that these passports are valid for the duration of the travel. For international travel, many countries require that a passport be valid for at least six months beyond the anticipated return date. We advise U.S. passport holders to verify their passport validity well in advance.
Clients are also responsible for obtaining any required visas for their travel. While Mocha Travel can provide guidance on general visa requirements for U.S. passport holders, we do not control or warrant the issuance of visas. The responsibility for obtaining the correct visa lies with the client. Should a visa not be issued, Mocha Travel is not responsible for any lost payments made towards the trip.
Some nations require proof of vaccination for all travelers. Any required inoculations must be recorded by the traveler’s health practitioner on a valid vaccination certificate, which the traveler must carry in his/her possession throughout the tour. You are also solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. Passport and visa requirements may change at any point in time. It is the responsibility of each traveler to acquire the most up to date travel documents. Mocha Travel does not represent that the list is exhaustive or current. It is the sole responsibility of each passenger to obtain the necessary documentation for all aspects of their tour.
Non-U.S. Passport Holders
If you are traveling on a passport from a country other than the United States, please inform Mocha Travel immediately. It is your responsibility to verify the travel requirements applicable to your passport. Mocha Travel provides passport and visa information for U.S. passport holders- only as a courtesy (the client is fully responsible for knowing entry requirements). Non-U.S. passport holders must independently verify their travel requirements.
Understanding Entry and Exit Requirements for Your Destination
As part of your journey with Mocha Travel, it’s important to be aware of the specific entry and exit requirements of your destination, especially if you have a past or current criminal record. Different countries have varying regulations regarding criminal offenses. We encourage you to directly contact the embassy or consulate of your destination country for accurate information. For additional guidance, the U.S. State Department’s website https://travel.state.gov/content/travel.html offers valuable resources. Please note, Mocha Travel respects your privacy and does not inquire about criminal records; however, it is crucial to ensure you meet all entry criteria to avoid any disruptions in your travel plans. An example to be mindful of is Canada’s specific entry requirements for individuals with a DWI record, detailed at http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp. Being well-informed about these requirements is key to a seamless travel experience.
Refund Policy on Documentation Issues
Please note that refunds will not be provided due to issues related to passport or visa validity or procurement or any other Travel Requirements. It is the client’s responsibility to ensure all travel documentation is in order before the journey begins.
7. Traveling with Children
Documentation for Minors
Children and infants require appropriate travel documents. If minors are traveling with one parent, or without both parents, authenticated and verified consent forms may be necessary. For detailed information, please visit the U.S. Customs and Border Protection website at https://www.usa.gov/travel-documents-children.
Groups of Minors
For groups of minors under 19 arriving in the United States from contiguous territories as part of an organized group, specific documentation such as birth certificates or Naturalization Certificates may be required. Parental or legal guardian consent must be provided to the supervising adult or Group Leader.
8. Air Travel and Responsibilities with Mocha Travel
Air Schedule Changes and Departure Taxes
Mocha Travel does not assume responsibility for any changes to airline schedules. In some instances, departure taxes may be required upon leaving a country, payable only in cash and subject to variation in price. Not using a reservation can lead to automatic cancellation of all subsequent and return flights, as well as forfeiture of airfares.
Airline Services, Policies, and Terms
Mocha Travel is not responsible for services and policies imposed by airlines, including any changes to flight schedules without notice. MT is not liable for penalties related to tickets not issued by MT due to airline schedule or flight changes.
Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.
Adapting to Airline Schedule and Seating Availability Changes
At Mocha Travel, we meticulously plan each journey to offer a seamless travel experience. However, there are instances where changes to the airline and departure points may become necessary. These changes are often due to airline schedule alterations or seating availability issues.
Should such a situation arise, we prioritize informing you as promptly as possible. In the event of a change in airline or departure point, we offer you the flexibility to adapt within reason. One of the options available to you would be to switch to a land-only package, allowing you to continue with your travel plans without the air travel component.
We understand that changes can be inconvenient. Our goal is to maintain the quality and enjoyment of your travel experience with Mocha Travel as much as we can, regardless of these unforeseen changes.
Limitations of Responsibility
Mocha Travel is unable to provide compensation for any schedule changes, modifications in seat assignments, or cancellations implemented by an airline. Neither Mocha Travel nor our Suppliers have control over airline or other transportation company operations. Thus, in addition to other limitations of liability set forth in these Terms and Conditions and other agreements between us that govern your Tour, you agree that Mocha Travel is not responsible or otherwise liable for any damages arising from or related to any airline timetable/schedule changes, delays, cancellations, missed connections, mechanical problems, inclement weather, seating reassignments, lost/delayed/stolen/damaged baggage, screening and security delays, refused boarding or failures to properly check-in.
Responsibility for Reporting Direct Changes
If passengers make any direct changes to flights booked on their own with the airline, it is their responsibility to inform Mocha Travel of these amended flight details in writing at hello@mocha-travel.com. Mocha Travel cannot be held responsible for any discrepancies in land services, including arrival and/or departure transfers, if flight changes are made without our knowledge.
Please note that we do not offer changes to flights booked by Mocha Travel as part of a Full Package.
Commitment to Your Travel Experience
Our team at Mocha Travel is dedicated to adapting to these unforeseen changes while providing minimal disruption to your journey. We strive to maintain the integrity and enjoyment of your travel experience, even when facing significant itinerary changes beyond our control.
Airline Seat Assignment Policies
At Mocha Travel, we understand how crucial seating arrangements are, especially for families traveling together. We strive to honor seating preferences and keep families seated together whenever possible. However, please remember that seat assignments are ultimately at the sole discretion of the airline, and airlines may charge a fee for advance seating. This fee is not included in your package. If you wish to decline advance seating, seats will be assigned by the airline 24-48 hours prior to travel.
Airline Special Seating and Additional Charges
For seats with extra legroom, bulkhead seating, preferred seating, advanced seating, or exit row seating, be aware that airlines may impose additional charges. These special seating options are usually available for selection only after tickets have been issued.
Enhancing Your Flight Experience with Upgrades
Mocha Travel offers the possibility of upgrading to first and business class seats when available, providing an opportunity for enhanced comfort during your journey. To qualify for a flight upgrade, your invoice must be current, with no past due installment balances. Pricing for upgrades is subject to change based on availability. A minimum deposit of 25% is required for securing an upgrade, and in some instances, full payment may be required at the time of booking.
Please note that all upgrades have a cut-off date and are not available within 3 months prior to travel. It’s important to plan accordingly if you are considering an upgrade for your flight.
Access to First Class lounges is at the discretion of the carrier and is not included in your flight upgrades unless otherwise stated.
Family Seating and Minor Policies in Upgraded Classes
When traveling with minors, some airlines require that a parent, guardian, or older sibling be seated in the same cabin as the minor child. This policy is in place to ensure the safety and well-being of younger passengers.
Understanding Mileage Credit and Eligibility
When planning your travel with Mocha Travel, we recognize the value of airline frequent flier miles for our travelers. It’s important to understand that the accrual of airline miles is managed by the airline, and in some cases, travelers may not earn miles for their flights. This varies by airline and is subject to their specific policies.
Providing Frequent Flier Information
To facilitate the potential accrual of miles, please ensure that Mocha Travel has your frequent flier membership number to include in your ticketing process. While we can add your frequent flier number to the airline records, please be aware that this does not guarantee mileage eligibility, which remains at the sole discretion of each airline.
9. Booking
Compliance with Local Authorities and TSA Secure Flight Requirements
As per TSA Secure Flight requirements and requirements by local authorities, it is the responsibility of passengers to provide Mocha Travel with accurate and complete contact information. This includes the passenger’s full name as it appears on their passport (or government-issued I.D. when traveling domestically), date of birth, gender, address, phone number, email, and fax data for all passengers. It’s crucial that names are correctly listed on invoices to avoid any travel complications. Mocha Travel cannot be held responsible for any issues such as not receiving an invoice or documents, or being denied boarding, due to inaccuracies in the information provided.
Name Changes Policy
Name changes, including minor spelling corrections, can necessitate the cancellation and rebooking of airline reservations. These changes are subject to availability and current pricing at the time of rebooking.
Once airline tickets have been issued, any subsequent name corrections will incur an airline rebooking fee, which may amount to the full value of the airline ticket, in addition to a $250 revision fee per change. Mocha Travel is not liable for any denial of services by a carrier resulting from any discrepancy in names.
Any requests for name changes must be communicated to Mocha Travel in writing via email at hello@mocha-travel.com. The spelling and usage of names entered in the Reservation Forms completed at the time of booking must accurately reflect the travel documents for you and all individuals in your traveling party. You are responsible for any additional fees incurred due to failure to provide the correct information.
Changes to Contact Information
If there is a change to your mailing address, email , or phone number, you must inform Mocha Travel immediately.
10. Unused Arrangements
No Refunds for Unused Travel Components
At Mocha Travel, package prices are based on our contracted rates with Partner Suppliers. Consequently, there is no entitlement to a refund for any portion of the travel package that remains unused. This policy applies to situations such as late arrivals or no-shows on your itinerary, or if you leave a tour for any reason, miss the tour’s departure date, or have to be removed from a tour due to violation of our standards of conduct. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not go on a Tour because of governmental/travel warnings or advisories, including but not limited U.S. State Department or World Health Organization warnings, or any other circumstances beyond our control. We encourage our clients to make the most of their travel plans to enjoy the full value of their package. For this reason, we strongly suggest that you secure comprehensive trip cancellation and interruption insurance in order to participate on a tour. We also highly recommend that you consider securing “cancel for any reason” travel insurance, which must be obtained soon after your first deposit is paid for your travels.
11. Alterations to Bookings
Handling Tours with Minimum Passenger Requirements
Some of our group tours require a minimum number of passengers. In cases where this minimum is not met, Mocha Travel will exert best efforts to reschedule the tour to a future date, offer a comparable replacement tour, or provide a refund or credit equal to the value of the canceled tour or activity. Cancellations due to the failure to meet the minimum traveler requirement will adhere to the cancellation policies of Mocha Travel and the respective tour operator.
Itinerary Alterations
Alterations to your itinerary, while infrequent, may be necessary due to various factors like severe weather, health or safety concerns, or other circumstances beyond our control. Mocha Travel reserves the right to cancel, alter, modify, postpone or reschedule any itinerary without prior notice for the safety and/or comfort of clients and for circumstances of Force Majeure (see information below). Mocha Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement.
You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives. Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.
Regarding civil unrest, once Mocha Travel has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of Mocha Travel whether to proceed with a tour. If we are of the reasonable opinion that the tour may proceed, no refund will be payable to you and the cancellation provisions of this agreement shall apply.
No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any tour for any reason, whether before or during your tour. We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your tour. Our administration costs in planning your travel package are not refundable because of the work involved in planning, booking and management of your itinerary from the moment the travel package is booked. This fee is a minimum of $250.00, in addition to $100.00 per additional traveler in your traveling party (“Administration Fee”). We are not responsible for any alterations and will endeavor to minimize any disruptions to your travel plans.
Additional Information regarding Force Majeure
In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our Suppliers to provide the Services including but not limited to your Tour, we and/or our Suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any tour itinerary or arrangement, including tour dates and the entire tour itself. We regret that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our Suppliers. Any refund under this section will be less our Administration Fee. This policy is based on the fact that Suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our Suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. If you choose to cancel your tour, our standard cancellation terms that govern when a traveler cancels apply.
If Mocha Travel is affected by Force Majeure, Mocha Travel, if practicable, will notify you of the nature and extent thereof.
Mocha Travel will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
Accommodations
Mocha Travel or its independent suppliers may find it necessary to make last minute changes to the accommodations due to local conditions which are beyond our/their control. Mocha Travel makes no guarantee about the suitability or availability of accommodations and if particular accommodations booked are unavailable, Mocha Travel will do its best to reserve comparable accommodations, if possible. Although Mocha Travel will request bed types and room locations on your behalf, Mocha Travel is not responsible for room assignments. Room assignments are strictly at the discretion of the hotel. In the event that the requested bed types or room locations are unavailable, we will work with the hotel to provide a comparable room type, if possible. There will be no refunds for any difference in the cost of accommodations or room types.
12. Travel Guidelines
Hazardous Materials Restrictions
Federal law strictly prohibits passengers from bringing hazardous materials on aircraft, either in luggage or on their person. Violations can lead to severe penalties, including imprisonment and fines. Hazardous materials include, but are not limited to, explosives, flammable items, poisons, and radioactive materials. Everyday items like paints, lighter fluid, and fireworks are examples of restricted items. Small quantities of medicinal and toilet articles, as well as certain smoking materials, may be exempt. For detailed information and specific allowances, please contact your airline or visit the TSA website at http://www.tsa.gov/traveler-information/prohibited-items.
Insecticide Treatment at Certain Airports Some international airports require the treatment of aircraft cabins with insecticides. We advise you to review the Department of Transportation’s list of these airports to be prepared for such measures. This list can be found on the DOT’s website at http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements and is periodically updated.
Traveling in Third World Countries
Mocha Travel is not responsible or otherwise liable for the cleanliness of rest rooms, delays in immigration and customs, safety issues, for circumstances, situations and conditions when traveling to third world countries or for other “third world country happenings.”
Optional Activities
During your tour, you may choose to participate in optional activities offered and furnished by other independent suppliers who are not affiliated with Mocha Travel in any way. Some of these optional activities carry with them various risks, including but not limited to attack by wild or domesticated animals, equipment/mechanical problems, and unexpected weather conditions, which can cause serious personal/bodily injury. Please be aware that although precautions may be taken by the suppliers to guard against such dangers, your safety cannot be guaranteed. Please also be aware that you are free to participate in such activities while you are on your tour and that these tours are not mandatory. However, you must understand that such participation will be at your own risk, and that Mocha Travel assumes no responsibility or other liability for your safety.
Transportation on Your Tour and Local Standards
Mocha Travel cannot be held responsible for vehicle and/or equipment breakdowns or for injuries to person or property arising out of vehicle/equipment accidents which occur while on your tour.
Developing countries are not subject to the same ‘health and safety’ regulations that exist in the U.S. Many accommodations, activities, and rules are more relaxed than they would be in the U.S. You may come in contact with animals and insects. Some vehicles will not have seatbelts. Drivers may drive faster than you are comfortable with so please ask them to slow down. Life jackets may not be within reach so please ask for them. It is your responsibility to help manage your safety throughout your tour. If you ever feel uncomfortable, please speak up.
Compliance with Local Laws and Etiquette
You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other tour members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, the local guide/supplier has the right in their sole discretion to remove anyone who they determine to detract from others’ enjoyment of the tour.
13. Health and Medical Services During Your Travel
Travel Insurance Recommendation
For your peace of mind and safety, Mocha Travel, in line with the U.S. Department of State recommendations, strongly advises that every traveler going abroad should have adequate travel insurance, as detailed below in section 15 It’s important to note that U.S. health insurance carriers are generally not accepted abroad. Ensuring you have the right travel insurance helps protect you against unforeseen medical expenses and emergencies while traveling.
Medical Services on Cruise Ships
Be aware that many cruise ships do not have a doctor or nurse onboard. Should you require medical attention, local medical services will be contacted. The charges incurred for any medical services will be the responsibility of the passenger. Please remember, Mocha Travel and the cruise ship operators are not responsible for the medical services provided.
Health Requirements and Precautions
Before your journey, consult with your healthcare provider for up-to-date health requirements. Additional resources can be found on the Centers for Disease Control and Prevention website at www.cdc.gov and the World Health Organization at www.who.int/en/. If specific inoculations are required, ensure they are recorded by your health practitioner on a valid vaccination certificate, which you should carry with you.
Allergies: You are responsible for informing us of any allergies or other dietary requirements prior to travel. While we can make some accommodations for travelers with allergies if we are informed in advance, we cannot guarantee that meals or snacks provided by our Suppliers meet all dietary requirements and restrictions. Additionally, some airlines may not provide meals that accommodate allergies. We do not provide refunds for any meals or snacks not eaten. As such, please plan and prepare accordingly.
You are solely responsible for any problems or issues that are attributable to any food or drink that you consume while on the tour, whether because of allergic or other reaction, known or unknown, that you may have. You are also responsible for traveling with and administering any required medications or prescriptions.
Travel Suitability and Emergency Situations: Our travel experiences are designed to be both enriching and engaging, but some may be physically demanding. We advise individuals with heart disease, chronic illness, physical handicaps, advanced pregnancy, or mental illness to carefully consider their participation in these programs. If you become ill during the tour, you will be directed to a local medical facility for diagnosis and treatment. Resuming group travel is contingent upon clearance from a medical facility. Remember, all costs related to medical treatment and any additional expenses will be borne by the passenger.
USA Tours: Adhering to the Americans with Disabilities Act (ADA)
Mocha Travel is committed to accommodating travelers with disabilities to the extent possible, consistent with the specific itinerary of each tour. However, please be aware that certain features of our tours may not be fully accessible for those who require the use of a wheelchair, scooter, or other special equipment. We are unable to provide individual assistance for travelers with mobility devices. While we regret that some itineraries cannot accommodate wheelchairs or motorized scooters, we encourage travelers with disabilities to inform Mocha Travel of their accessibility needs prior to booking. This allows us to determine if reasonable accommodations are feasible. Mocha Travel endeavors to meet these special access needs but cannot guarantee that accommodations will be possible in all cases as standards, legal requirements, and the availability accessibility options vary country and locale.
International Tours: Limitations Beyond U.S. Jurisdiction
Be advised that hotels, sea, and river cruises outside of the United States may not have facilities such as ramps, wide entryways, or elevators to accommodate travelers with disabilities or mobility devices like wheelchairs, walkers, and motorized scooters. Due to physical constraints and space limitations, these devices may not be taken aboard motor coaches and river cruises.
Service Animals: Guidelines for Accommodation
For international escorted tours, accommodating service animals is not possible. Travelers with disabilities who require a service dog on USA escorted tours should consult with Mocha Travel prior to booking to understand the specific accommodations available.
14. Limitation of Remedies
You agree that the sole remedy for any default by Mocha Travel arising under this Agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, Mocha Travel shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Mocha Travel has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages.
15. Travel Insurance Responsibility
While Mocha Travel highlights the significance of travel insurance for your protection, it is important to understand that Mocha Travel does not offer travel insurance. As a traveler, you are responsible for securing your own insurance to cover potential travel-related risks, including trip cancellations, medical emergencies, and baggage issues.
Please be aware that Mocha Travel is not a licensed insurance broker. Our advisors cannot provide detailed explanations about the benefits, exclusions, or conditions of any insurance policies, nor are they qualified to evaluate the adequacy of your existing insurance coverage.
Insurance Coverage Recommendations
We strongly recommend that you secure comprehensive insurance coverage immediately upon booking your trip, including medical coverage through a provider of your choice, covering medical, accident/life, evacuation, and repatriation, which might arise as a result of loss, damage, injury occurring to you, as well as any dependents and traveling companions for the duration of your tour. This ensures that you are protected right from the outset of your travel planning. We also strongly recommend that you extend your coverage to include trip interruption and cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience.
To protect your investment given that we cannot provide refunds in most instances, we also strongly urge you to consider a “cancel for any reason” travel insurance policy, which requires timely action as it must be purchased soon after your initial deposit. We will take no responsibility for any costs for loss of personal luggage, money, and goods, medical expenses, theft, damage or cancellation or curtailment of the adventure. You will be charged directly by the relevant service provider for any emergency services you may require.
Making Informed Decisions
Given the complexities and variances in insurance policies, it’s crucial to thoroughly review and understand the coverage you select. This ensures that you have the appropriate level of protection for the specific needs of your trip with Mocha Travel.
16. Incident Report Procedure
If you have any cause for complaint while on your tour, you must immediately bring it to the attention of Mocha Travel, who will attempt to resolve the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from Mocha Travel. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Mocha Travel within 30 days of the Tour’s end date.
17. Use of Website: www.mocha-travel.com
Agreement between Customer and Mocha Travel The use of the website www.mocha-travel.com is offered to you, the customer, conditional upon your acceptance of the terms, conditions, and notices contained herein. Your usage of www.mocha-travel.com constitutes your agreement to all such terms, conditions, and notices.
Liability Disclaimer for Website Usage
The information, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the content here, and it is not guaranteed to be complete, accurate, or available at all times. Mocha Travel may alter or update the website content without notice. Mocha Travel shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from or connected to the use of this website, or for any information, products, and services obtained through this website, or otherwise arising from the use of this website.
Links to Other Websites www.mocha-travel.com may contain hyperlinks to websites operated by parties other than Mocha Travel. These hyperlinks are provided for your reference only. Mocha Travel does not control these websites and is not responsible for their contents.
18. Reservation of Rights: Changes to Terms and Conditions
Mocha Travel reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. When changes are made, we will make updated versions of the Terms available to our clients and post them on our website. These changes become effective immediately upon posting. It is your responsibility to review the Terms and Conditions periodically for any updates or changes.
19. General Provisions
Severability
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns
This agreement shall inure to the benefit of and be binding upon Mocha Travel and you and your respective heirs, legal and personal representatives, successors and assigns.
Governing Law
The laws of the State of Georgia govern these Terms and Conditions. By booking travel with Mocha Travel, you consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, for any disputes arising out of or relating to your travel bookings with us.
Binding Arbitration
You agree that any dispute concerning, relating to, or referencing this agreement, or any other literature concerning the tour itself shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association in Atlanta, Georgia. Such proceedings shall be governed by substantive Georgia law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or part of this contract is void or voidable.
Validity of Terms
Should any part of these Terms and Conditions be determined invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the original intent. The remainder of the agreement will continue in effect, maintaining the validity of the entire Terms and Conditions.
Entire Agreement
These Terms and Conditions, along with any other terms and conditions referenced herein, constitute the entire agreement between you, the Client, and Mocha Travel regarding your travel bookings. This agreement supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Mocha Travel. A printed version of this agreement and any electronic notices related to these Terms and Conditions are admissible in judicial or administrative proceedings to the same extent as other business documents originally generated and maintained in printed form.
20. Informed Consent and Agreement
Please note that in addition to these Terms and Conditions, you and every member of your traveling party must sign a Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (“Waiver”) prior to travel. You can review the Waiver before accepting these Terms at (View Travel Waiver).
Understanding and Acceptance of Terms
I have carefully reviewed these Terms and Conditions, along with the booking information and other conditions applicable to my tour provided by Mocha Travel. I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND ACCEPT THESE CONDITIONS.
I have read this entire agreement, and I am accepting it freely. I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. I confirm that I have had an opportunity to have all of my questions about this agreement answered by Mocha Travel. My acceptance applies to all pages of this agreement.
Agreement on Behalf of Traveling Party and Minors
By confirming my booking, I agree to these Terms & Conditions, along with the booking information and other conditions set forth by Mocha Travel. This agreement applies to myself, each member of my traveling party, and any minor children accompanying me. I accept full responsibility for informing all members of my traveling party of these conditions and ensuring their understanding and agreement as well.
