Index

1. 1. NEXUSTOURS TERMS AND CONDITIONS
2. 2. ACCURACY OF INFORMATION
3. 3. PRICING
4. 4. DEPARTURE TAXES AND OTHER TAXES
5. 5. PROMOTIONS
6. 6. CHILDREN AND INFANTS
1. 6.1. Excursions and Transportation
2. 6.2. Accommodations
7. 7. PREGNANCY
8. 8. CUSTOMERS WITH SPECIAL NEEDS
9. 9. HOTEL PREFERENCE REQUESTS
10. 10. PAYMENT AND CREDIT CARD POLICY
11. 11. RESTRICTIONS FOR CUBA
12. 12. ITINERARIES
13. 13. COUPONS
14. 14. ACCOMMODATION
15. 15. HOTEL STAR RATINGS
16. 16. HOTEL CHECK-IN AND CHECKOUT CONDITIONS
17. 17. HOTEL’S RESPONSIBILITY
18. 18. HOTEL CHANGES
19. 19. SERVICE ASSISTANCE
20. 20. NOTICE TO CUSTOMERS
21. 21. MOBILE MESSAGING TERMS AND CONDITIONS
22. 22. TOURS, EXCURSIONS AND ACTIVITIES
23. 23. CANCELLATION POLICY AND CHANGES FOR TRANSFERS AND EXCURSIONS
1. 23.1. Cancellation & No-Show Policy
24. 24. CANCELLATION POLICY AND CHANGES FOR ACCOMMODATIONS
25. 25. NEXUSTOURS RESPONSIBILITY
26. 26. ACT OF GOD/FORCE MAJEURE
27. 27. LIMITATION OF NEXUSTOURS’ LIABILITY
28. 28. INDEMNIFICATION OF NEXUSTOURS
29. 29. APPLICATION
30. 30. FORUM
31. 31. SEVERABILITY
32. 32. ACKNOWLEDGEMENT
33. 33. PRIVACY
34. 34. CONTACT US

1. NEXUSTOURS TERMS AND CONDITIONS

Terms and Conditions of NT NexusTours Corp. and its affiliates (“NexusTours”, “we”, “our” or “us”) that apply to you. When you book our products or services with NexusTours or its affiliates, the following Terms and Conditions become part of your contract with the applicable NexusTours company set out in your itinerary. By accessing, browsing or making a reservation with NexusTours through this website, applications or by other means, you expressly accept these Terms and Conditions, without modification, and intend to be legally bound by them. To the extent that any products and/or services are booked through your Travel Agent or other third party, you agree that these Terms and Conditions apply to all transactions. Please ensure that you have read and understood these Terms and Conditions before booking your accommodations, transportation, excursion or other NexusTours products or services because making a booking constitutes your acceptance of these Terms and Conditions. If you do not accept all of these Terms and Conditions, please do not use the website or make any reservations with NexusTours’ agents, through your Travel Agent or any third party.

2. ACCURACY OF INFORMATION

NexusTours makes every effort to ensure the accuracy of the information contained herein and to the best of its knowledge, all information is accurate and current at the time of publication. We make our best efforts to ensure that the information and prices on the website are accurate and current, however errors and last-minute changes do occur due to the nature of the services and we reserve the right to refuse to accept, cancel and refund, or modify without notice, any booking purchased with information published in error or with non-updated information. Updates are published on our website when new information is made available, however, NexusTours cannot be responsible for any inaccuracies or omissions contained herein.

NexusTours reserves the right to make changes to these Terms and Conditions at any time. Any changes to these Terms and Conditions will be effective immediately upon being posted on our website. Your continued use of this website after any such changes are posted will constitute acceptance of those changes.

 

3. PRICING

Prices quoted are based on fixed costs at the time of publication. Prices are valid at the time of quote and guaranteed upon receipt of full payment. These prices are dependent on a variety of variable factors including, but not limited to, fuel costs, rates of exchange and other factors. Should these costs increase, NexusTours reserves the right to increase the price of any of our products or services. All price increases may reflect administrative costs incurred. NexusTours sets its prices based on its costs, as well as anticipated demand. NexusTours constantly reviews its prices throughout the season in accordance with availability and demand.  We reserve the right to increase or decrease our prices accordingly. 

4. ADDITIONAL TAXES

 Some hotels may charge additional local taxes and/or fees (e.g. environmental fees) at check-in. Such taxes and fees are subject to change without notice and are payable directly to the hotel upon check-in.

 

5. PROMOTIONS

From time to time, NexusTours advertises promotional offers or makes available electronic discount coupons, which may be limited to selected destinations, excursions and hotels.  All of these promotions and coupons are time sensitive and, therefore, have a commencement and termination date. They are not combinable with any other promotion that may be advertised and available at the same time. All published prices and promotions advertised and offered by NexusTours have limited space availability and may be withdrawn at any time, with or without prior notice.

6. CHILDREN AND INFANTS

Ages for children and infants’ fares vary from hotel to hotel and from excursion to excursion.  

6.1. Excursions and Transportation

Ages for children and infants allowed in excursions vary depending on the nature of the excursion. NexusTours recommends that you consult its website, with your travel agent or the NexusTours Contact Center to determine the applicable age(s) and/or respective rate(s) for children and infants. For transportation services and excursions, upon arrival we may require proof of age for customers with a reservation made at a “child price”. If a child’s age does not comply with NexusTours’ policy, NexusTours may charge the child as an adult and require immediate payment for the difference between the child rate and the adult rate. Infants under two years of age at the completion of travel will travel on NexusTours transportation free of charge (one infant per adult) but still require a reservation in order to appear on the transportation manifest to be allocated a seat. If your child requires a car seat, it must be requested at the time of booking and, if available, NexusTours may charge you a fee. Please consult with your travel agent or the NexusTours Contact Centre in advance.

6.2. Accommodations

Upon check-in, hotels may require proof of age for customers with a reservation made at a “child price”. If a child’s age does not comply with the hotel’s policy (e.g. 2-12 years on the last day of travel) the hotel may charge the child as an adult and require immediate payment for the difference between the child rate and the adult rate. If you require a crib at the hotel, it must be requested at the time of booking and, if available, the hotel may assess a charge.

7. PREGNANCY

NexusTours will accept any passenger travelling while pregnant on any NexusTours transportation or excursion, if the pregnancy is uncomplicated with no previous history of premature labour. Excursions may have restrictions for pregnant participants. Please consult with your travel agent or the NexusTours Contact Centre in advance. 

8. CUSTOMERS WITH SPECIAL NEEDS

Customers with special needs who will require special services or assistance while travelling, including handicap adapted rooms and/or wheelchair accessible rooms and/or private transfers, must contact the NexusTours Contact Centre at the time of booking or at least 10 business days prior to departure. In order to ensure that you are properly assisted, we request that you advise us of any and all specific needs that you may have. This will help us to ensure that the proper travel arrangements are made for you to obtain the maximum enjoyment from your NexusTours experience. The hotel, excursion provider, transportation provider or NexusTours cannot be held responsible for non-fulfillment of any special needs request whatsoever. Please note that additional costs may be applicable for some or all of the services requested. Please note that some foreign destinations may not define or provide for wheelchair access in the same fashion that you are accustomed to in your country of origin and that some hotels may not be able to guarantee or confirm handicap adapted or wheelchair accessible rooms prior to departure. Please contact info@nexustours.com for further assistance.

9. HOTEL PREFERENCE REQUESTS

Any hotel preferences such as room location, bed preferences, etc. that are not associated with special needs must be requested at the time of booking. While NexusTours and our service providers will attempt to accommodate special requests, NexusTours will not be held responsible if such request(s) cannot be fulfilled.

10. PAYMENT AND CREDIT CARD POLICY

Full and final payment must be received by NexusTours at time of booking. Failure to pay the full amount due at time of booking will result in the automatic cancellation of your booking. NexusTours strongly recommends that you purchase travel insurance to provide you with security and protection for your holiday.

NexusTours accepts MasterCard, Visa,American Express and Discover Diners Club credit cards as forms of payment. The list of credit cards accepted may change from time to time in NexusTours sole discretion. NexusTours or its affiliates will appear as the vendor on your credit card statement, not your travel agency. Your authorization to use your credit card number to pay for products and travel services provided by NexusTours indicates your acceptance of our Terms and Conditions, whether or not you have actually signed credit card forms. Therefore, by providing your Travel Agent or NexusTours with authorization to use your credit card to pay for your NexusTours travel services, you are confirming that you will pay the total amount charged for those services to the card issuer according to your cardholder agreement. If your payment is made through your travel agent, your travel agent becomes equally responsible for the payment of your reservations and it is the duty of the travel agent to keep a copy of your authorization on file.

Your credit card number, billing information and all other information provided are subject to a verification process when booking with NexusTours. Please ensure accuracy when providing all these details otherwise your credit card may be declined and your booking cancelled with or without notice and with no responsibility of NexusTours. Whether or not the cardholder is included in your booking, NexusTours may request additional information from you and the cardholder (including but not limited to a third party credit card authorization form, copy of the front and back of the credit card and two or more pieces of government issued identification) at any time after the booking. NexusTours may also request another form of payment for your booking in case you fail to provide the required information to NexusTours satisfaction. When using a credit card booking and pricing are not guaranteed until verification process is completed. NexusTours may cancel any booking in case of suspected fraud, theft or dishonesty.

Charges and foreign exchange rates may be added to your payment by processing banks. NexusTours does not have any control on these charges. For purchases made with American Express, the amount will be collected in Mexican pesos (MXN) converted to your local currency.

11. RESTRICTIONS FOR CUBA

Certain governmental regulations restrict our services in Cuba. We are restricted to sell accommodation, transfers, excursions and activities in Cuba to U.S. nationals identified as such. If you could be affected by these restrictions, we would not be able to complete your booking. It is your responsibility to comply with the requirements and restrictions for travelling to Cuba. NexusTours will not be responsible for not completing a booking affected by those restrictions. 

12. ITINERARIES

All reservations are subject to availability. Itineraries for all NexusTours products and services will not be released until NexusTours has received your full and final payment as per the requirements set out in these Terms and Conditions. Once payment is confirmed, you will receive your itinerary with additional information (e.g. check-in time, pick-up time, etc.) to the email address provided or a printed copy of your itinerary if you are in-destination with respect to excursions. Please contact us immediately if you do not receive your itinerary within 24 hours from your booking.

13. COUPONS

All NexusTours coupons may be applied to the final payment for a future activity or accommodation, as applicable, and must be submitted at time of booking. Stipulations may apply. Please refer to the terms and conditions stated on the coupon.

14. ACCOMMODATION

Please be advised that conditions may not always be the same as those at home, particularly with regards to food, electricity, water supplies and private toilet facilities. As the health and well-being of guests and staff are a hotel’s top priority, precautionary actions may be taken by the hotel during your stay (including, but not limited to, compliance with all governmental agencies or entities’ directives, orders, regulations, guidelines and/or advisories, use of social distancing and/or masks, temperature screening, reduction in amenities, immediate disclosure to the hotel of symptoms and/or knowledge of possible infection, personal hygiene, self-isolating and quarantining and any other orders or directives issued by the service provider or any applicable agencies or entities of any federal, provincial, state or local governments) to prevent exposure to illnesses, viruses and/or diseases. You agree that you must follow all such health and safety measures. NexusTours strongly recommends that you contact the hotel directly for the most up-to-date information. All hotels undergo routine maintenance and renovation both in the low and high seasons. At brand new hotels, some facilities may not be fully functional and landscaping and other finishing touches may be ongoing during your stay. If we are advised that significant work at your hotel will be in progress during your stay or any major facilities will not be available we will try to advise you prior to your departure. Topless sunbathers may frequent some resorts, the control of whom is beyond the authority of the resort. The hotel cannot accept responsibility for the behaviour of other guests/groups or the withdrawal of services or facilities due to cultural and political events or holidays. These circumstances are usually regulated by local governments and as such are beyond the control of either NexusTours or the hotel. Most hotels offer international satellite TV which may differ from satellite TV at home. The number of English channels will vary by country and by hotel. Ocean view rooms can consist of a full or partial view of the ocean and can differ by property. Not all rooms designated as “ocean view” will offer a full or direct view of the ocean. Minimum age restriction for customers can vary per hotel per destination. It is recommended that travellers inquire at time of booking.

15. HOTEL STAR RATINGS

Hotel star ratings are based on a number of factors, including our opinion regarding location, amenities, and facilities relative to the general standards of the destination, as well as feedback from customers and staff. These ratings may differ from other published ratings. Our hotel star ratings are not a representation or promise of any particular feature or amenity.

16. HOTEL CHECK-IN AND CHECKOUT CONDITIONS

The check-in time for most hotels is 3:00 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Please refer to your hotel accommodation itinerary for actual check-in and check-out dates as this may differ from your departure and return date. Check-in policies differ by hotel and will, therefore, vary. Many hotels will offer hospitality areas for customers who may be without their room for some time; however, this arrangement is solely at the discretion of the hotel. Customers wishing to make arrangements for a late check-out and baggage storage must arrange this service directly with the hotel and charges may apply. We do not accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for miscellaneous charges such as telephone calls.

17. HOTEL’S RESPONSIBILITY

The accommodation itinerary, or electronic confirmation number, furnished by NexusTours shall constitute the sole contract between the hotels/resorts and you, the customer. The hotels and resorts will not be held liable for any act, omission or event during the time customer(s) are not staying at their establishments. Neither NexusTours nor these hotels are responsible for payment of any refund for unused accommodations or meals as a result of late arrival or non-arrival by customer(s), regardless of the cause.

18. HOTEL CHANGES

If the accommodation reserved is not available for any reason, we reserve the right to substitute a similar category and/or hotel of a similar category. 

19. SERVICE ASSISTANCE

NexusTours has taken great care in selecting the suppliers used and featured on this website. Any problem must be brought immediately to the supplier’s attention or the NexusTours Representative’s attention with respect to excursions and transfers or the NexusTours Contact Center – see Contact Us with respect to hotel accommodations so that they can work to ensure that you have an enjoyable experience. Please contact your local representative immediately and file a complaint notice with the supplier, ensuring that you obtain a copy of your complaint. It is essential that this procedure be followed since the service provider must be given the opportunity to rectify the problem. Please note that your failure to report your concerns at the time of occurrence may preclude your right to a claim. If you require assistance at one of our destinations please contact NexusTours Contact Center – see Contact Us. Should you remain dissatisfied with the service provided, and wish to comment, please send your written comments to your Travel Agent and/or NexusTours within 30 days of your return, together with a copy of the notice of complaint you submitted to the service provider, including their response. Any claim received more than 30 days after your return will not be accepted. NexusTours will not be liable for any claims exceeding the amount paid for the services with respect to which you are claiming. Regretfully, we are unable to accept responsibility for any assurances or guarantees provided by Travel Agents, hotel employees or suppliers of any kind.

20. NOTICE TO CUSTOMERS

 NexusTours strongly recommends that you check any applicable travel advisories for your destination before finalizing your travel plans. While we endeavour to keep you abreast of any relevant changes to local laws, travel documentation requirements, and any travel advisories issued, we cannot warrant the completeness or accuracy of the information provided. It is your responsibility to be aware of and prepared for all legal, documentary, health and other requirements for your intended travel, including, but not limited to, mandatory face covering requirements for air travellers. NexusTours will assume no responsibility whatsoever for passenger(s) denied carriage by the airline or refused entry into any country and no refund will be issued for any Nexus product or service purchased. Standards of living and conditions with respect to the provision of utilities, sanitary services and the grading of services vary considerably from one country to another. In other countries, the uninterrupted supply of water and electricity, local health conditions, levels of security and standards of food and beverages may differ from those enjoyed at home. In tropical climates, insects are commonly found inside and outside facilities. Injury (including death), illness (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.) or inconvenience resulting from the services provided or omitted at the destination are outside the reasonable control of NexusTours and NexusTours accepts no responsibility for such injury, illness or inconvenience. You must assume all risks and sole responsibility for any injury (including death), illness (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.) or inconvenience suffered while travelling or upon return. It is the customer’s responsibility to adhere to the customs, rules and laws of the country he/she is visiting. Should a customer conduct him/herself in a manner threatening to NexusTours, hotel employees, employee of other service providers and/or other customers, NexusTours, the hotel or the service provider has the right to refuse service and in the case of a hotel, expel him/her from the hotel. If this occurs, the customer is responsible for all costs resulting from said expulsion and no refund will be issued for any unused portion of the customer’s holiday.

As NexusTours makes arrangements with hotels, transfer companies, excursion providers, and other independent suppliers to provide you with the services you have purchased, such suppliers may take enhanced health and safety measures (including, but not limited to, compliance with all governmental agencies or entities’ directives, orders, regulations, guidelines and/or advisories, use of social distancing and/or masks, temperature screening, reduction in amenities, immediate disclosure to the supplier of symptoms and/or knowledge of possible infection, personal hygiene, self-isolating and quarantining and any other orders or directives issued by the service provider or any applicable agencies or entities of any federal, provincial, state or local governments) to prevent exposure to illnesses, viruses and/or diseases. You agree that you must follow all such health and safety measures. It is your responsibility to be aware of all health and safety measures and requirements of the country in which you intend to travel and NexusTours strongly recommends that you check official government resources for the most up-to-date information.

21. MOBILE MESSAGING TERMS AND CONDITIONS

Last Updated: February 2024

NexusTours, "we" or "us" operates a mobile messaging program (the "Program")subject to these Mobile Messaging Terms and Conditions (these "Mobile Messaging Terms"). The Program and our collection and use of your personal information is also subject to our Privacy Policy https://www.nexustours.com/privacy-policy and our Terms and Conditions https://www.nexustours.com/terms-and-conditions

By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy and our Terms and Conditions.

1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information].

Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed 20 messages per month]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or shortcodes, except in connection with marketing purposes. We do not charge for mobile messages sent through the Program. Still, you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.

2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting into the Program, and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at customer.service@nexustours.com. Your participation in the Program does not require that you make any purchase from us, and your participation in the Program is completely voluntary.

3. User Opt-Out and Support: You may opt out of the Program at any time. If you wish to opt out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us, and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.

5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

22. TOURS, EXCURSIONS AND ACTIVITIES

 Release, Waiver, and Indemnity – Any transfer, excursion or activity you choose to undertake at your holiday destination, as a result of your voluntary purchase of a transfer, excursion or activity inside or outside of your hotel, made either prior to your departure from origin, on board an airline (if applicable), or in destination, may inherently contain a risk of personal injury, loss or damage to you and/or your personal possessions. You hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you may suffer during or arising out of your participation in the said transfer, excursion or activity, howsoever caused.

NexusTours makes arrangements with transfer operators, coach companies, destination excursion operators and other independent providers (hereinafter referred to as the “service providers”) to provide you with the services you have purchased from NexusTours. NexusTours exercises great care in choosing its service providers, but does not have control over them and, therefore, cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the service providers, their employees, servants, agents, subcontractors or unrelated third parties. Some of these service providers may not be agents or employees of NexusTours, notwithstanding their use of any signage or clothing which may contain the name “NexusTours” or other related trade names or logos. Moreover, these products and services (“activities”) are subject to conditions and limitations imposed by the said service providers as well as the laws of the country in which they operate. Please check with the respective service provider.

You hereby release, discharge and indemnify NexusTours from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury (including death) or illness whether physical (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.), or mental, resulting from any delay, any act, omission or negligence of service providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any of the activities in which you voluntarily participate and/or any activity arranged at your specific request and/or at your cost, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against NexusTours for any cause arising out of or related to the actions, omissions, or negligence of any person or party other than NexusTours. Furthermore, you understand and agree that before participating in any activity in which you have voluntarily agreed to participate by you for the service, you may be required to sign a written release in destination forever releasing, discharging and indemnifying NexusTours from any and all claims of any nature arising out of or related to any such activity made, and agree to assume all risks associated therewith. You understand and agree that all activities are non-transferable.

 

23. CANCELLATION POLICY AND CHANGES FOR TRANSFERS AND EXCURSIONS

If you cancel your NexusTours transfer, excursion or activity the following cancellation policy applies:

23.1. Cancellation & No-Show Policy

• • 100% refund of purchase price if cancellation is received at least 24 hours or more prior to the date of service
• • No refunds will be made for cancellations received less than 24-hours prior to the date of service
• • No refunds will be made for no-shows

Certain exceptions may apply if we have agreed with you on specific service conditions.

NexusTours reserves the right to apply and charge an administration fee for cancellations, which shall not exceed 5% percent of the total purchase price of your booking.

Any change in your booking is subject to availability and shall be requested no less than 24 hours before the scheduled transfer, excursion or activity date.

We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments that may cause you to either cancel any of your bookings.

24. CANCELLATION POLICY AND CHANGES FOR ACCOMMODATIONS

Policies for cancellation and changes to accommodations vary for each hotel and may or may not include cancellation and/or change fees, as applicable. Cancellation policies and change policies are displayed in the Privacy Policy section at the time of booking and on your itinerary. We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments that may cause you to either modify or cancel any of your bookings.

25. NEXUSTOURS RESPONSIBILITY

On your behalf, NexusTours arranges with suppliers to provide you with the services you have purchased. NexusTours exercises due care in selecting these companies and pays particular attention to their reputation and reliability. However, NexusTours does not control these suppliers and thus, we cannot be held responsible for their performance or lack thereof. NexusTours will not issue any refunds and NexusTours and/or its agents shall not be held responsible for any claims, losses, damages, costs or expenses arising out of personal injury or death, loss, damage or delay of baggage or other property, delay, loss of enjoyment, inconvenience, upset, disappointment, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:

i) Any act or omission (including, but not limited to, inability or failure to provide services and/or products) by any customer, supplier or third party including, but not limited to, transportation companies, coach tour operators, car rental organizations, hotel/resort properties, excursion providers or anyone for whom such suppliers or third parties may be in law responsible; 

ii) An act of God or Event of Force Majeure;

iii) Equipment failure;

iv) Sickness/illness (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.), family emergencies, theft or any other circumstance affecting you beyond our direct control;

v) Any act, omission or fault of the customer including, but not limited to, failure of the customer to obtain the necessary documentation or meet the required health regulations for his or her travel, failure of customer to arrive on time, etc.;

vi) Voluntary participation in an optional tour, excursion or activity;

vii) The need for us to cancel services, change itineraries or substitute accommodation or services, provided that efforts are made to supply comparable services and accommodations available; or

viii) Cancellation of accommodations, transportation, an optional tour, excursion or activity by suppliers.

While every effort has been undertaken to ensure accuracy, photographs, artist’s rendering and written descriptions appearing in this website are representational only and are not a guarantee that everything at the destinations will be exactly as depicted.

26. ACT OF GOD/FORCE MAJEURE

NexusTours and/or its suppliers do not assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, explosion, water or power shortages or failures, storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes. Boycotts, picketing, lockouts or other labour disruptions, inability or failure of a third party service provider to provide services and/or products, restraints of rulers or peoples, expropriations, acts of terrorism, public enemies, war, invasion, insurrection, national emergency, epidemics, pandemics, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, any laws, rules, proclamations, regulations, orders, declarations, advisories, actions, interruptions or requirements of or interference  by any government or governmental agency thereof, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities, or the travel supplier and its facilities, any other unforeseen circumstances in any country in the world or any other cause or causes of any similar nature that impacts negatively on or hampers its ability to fulfill any of its contractual conditions (all of the foregoing being herein referred to as an “Event of Force Majeure”). In the event that any of these conditions apply, NexusTours shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind and NexusTours’ non-performance shall not be deemed a breach of these Terms and Conditions.  In such case, NexusTours’ obligations hereunder shall be extended to the extent of any delay resulting from the Event of Force Majeure and a full refund will not be granted.

27. LIMITATION OF NEXUSTOURS’ LIABILITY

NexusTours’ liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount you paid to NexusTours for the services with respect to which you are claiming. 

28. INDEMNIFICATION OF NEXUSTOURS

You agree to indemnify and save harmless NexusTours, and its parent, subsidiaries and affiliates, against any liability, actions (including legal fees), claims, losses, costs and damages, which NexusTours may incur, sustain or pay arising out of or in connection with your acts or omissions, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by NexusTours.

29. APPLICATION

You agree to indemnify and save harmless NexusTours, and its parent, subsidiaries and affiliates, against any liability, actions (including legal fees), claims, losses, costs and damages, which NexusTours may incur, sustain or pay arising out of or in connection with your acts or omissions, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by NexusTours.

30. FORUM

Your contract with NexusTours is governed by and is to be construed in accordance with the laws of the destination in which the NexusTours entity listed on your itinerary is located. Any claim or action arising out of or relating to the acts or omissions of NexusTours, in contract or tort, shall be filed only in the courts of the destination in which the NexusTours entity listed on your itinerary is located and you agree to attorn to the exclusive jurisdiction of such courts. All claims in connection with the acts or omissions of a third party supplier shall only be brought against such third party and be filed only in the courts of the jurisdiction where the act or omission of such third party occurred and you agree to attorn to the exclusive jurisdiction of such courts.  The governing laws of the jurisdiction where the act or omission of the third party occurred shall apply to such claims. 

31. SEVERABILITY

If any term or condition or any portion hereof is held invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and, if possible, the portion(s) found unenforceable will be construed in a manner consistent with the remaining portions.

32. ACKNOWLEDGEMENT

By making a reservation to purchase a service or product from NexusTours you, the customer, hereby acknowledge that you have read, understand and accept the Terms and Conditions contained herein. Furthermore, when making a reservation for a NexusTours product on www.nexustours.com, you agree that you are solely responsible for such reservation. You also confirm that as the booking or instructing customer, you have the legal capacity and authority to book travel services on behalf of yourself and of other persons named in the itinerary. It is you who will keep your travel agent or NexusTours informed of any changes to your travel plans or contact information.