TRAVEL TERMS & CONDITIONS
ANY BOOKING TERMS & CONDITIONS
All bookings are made with AnaNewYork LLC, 2121 Ponce De Leon Blvd, Coral Gables, FL 33134, a Florida State, USA limited liability company and the owner of all of its advertised itineraries (“Ana New York,” “ANY,” “we,” or “us”). By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (individually, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and AnaNewYork with respect to any and all bookings, reservations, trips, or transactions made with AnaNewYork.
All Travelers must be 18 years of age or older to travel with AnaNewYork Travel unless they are accompanied by an adult.
I. Insurance Requirements
It is mandatory that all of AnaNewYork’s travelers provide proof of current and adequate travel insurance before the trip begins. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an AnaNewYork trip be cancelled for any reason, whether voluntarily by you or as a result of AnaNewYork’s actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Ana New York’s requirements are satisfied.
II. Deposits, Payments, Refunds and Cancellations
Bookings may be made through our online booking system. The deposit and payment schedule for our various trips appears below. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing. Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is possible that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote the price will be locked in provided you pay the required down payment prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your down payment will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are all presented in USD. We reserve the right to impose surcharges up to 60 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. We will not surcharge any booking for travel within the validity of this agreement once paid in full. Please note that a surcharge may be applied to purchases made by credit card.
a) If booking a trip more than 25 days from the departure date, a deposit totaling 40% of the trip cost is due to confirm your space. The remaining balance is due no later than 25 days before the departure date. If your booking is made within 25 days or less before trip departure date, the entire trip cost must be paid at the time of confirmation.
i. Any cancellations by you will result in the loss of all monies collected from you. For this reason, we strongly recommend you have comprehensive travel insurance that includes cancellation coverage so you are protected financially in case anything comes up that prevents you from joining your trip.
ii. If you do not pay the balance of your trip within 25 days of the departure date, your booking will be cancelled, resulting in the loss of all money collected.
iii. If AnaNewYork is forced to significantly alter or cancel your trip, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:
1) Accept AnaNewYork’s offer of a comparable replacement trip (offered at AnaNewYork’s sole discretion and subject to availability),
2) Receive a refund of all monies paid.
iv. When accepting an offer for a replacement trip:
If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost.
If the cost of the replacement trip is equivalent or higher than your original trip, you owe nothing.
III. Specialized and Chartered Trips
A non-refundable deposit of 40% is required to confirm all specialized, private, or chartered trips. This payment is used to secure your vehicle, trip guide, and any reservations needed to fulfill the trip. The final balance is due 25 days before the departure date. Requests for specialized, private or chartered group trips made less than 25 days before the departure date must pay the entire cost of the trip at the time of confirmation.
IV. Form of Payment:
All payments must be made through ananewyork.com. Prices are in US dollars, and all payments must be made in US dollars.
Cancellation Process: To cancel your booking, you must send written notice to us by email at email@example.com. Cancellation fees will be applied per person according to the schedule set forth in this section, based on the date we receive your written notification, not when you send the email.
Unused Portion of Trip (no refunds): No refunds will be provided for any unused portion of a trip once the trip begins, including but not limited to if you leave a trip for any reason, miss the trip’s departure date or an activity, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.
V. Changes by You
Change requests to our itineraries can be very disruptive and on occasion impossible. If you request to change your trip dates or alter your itinerary after we confirm your booking but before your trip’s departure date, we will consider whether we can reasonably accommodate your request without any disruption to the trip. If we are able to make such changes, a change fee may be applied. (There is no change fees for transfers to replacements trips described in the preceding section.) The type and scope of change dictates the amount of the change fee and such fees can be substantial. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. It is in our sole discretion whether to accept a change request.
VI. Alterations or Cancellation by You After Commencement of Travel
We will forward any alteration that you request after your trip has commenced to our independent suppliers. We will work with them to try and accommodate reasonable requests but cannot guarantee that any changes will be possible after your trip has commenced. Changes after departure can create severe complications. In the event you request a change, you will be liable for any cancellation charges and change fees that may be imposed for the booking of revised arrangements and for all costs associated with the arrangements themselves. It is in our sole discretion whether to accept a change request.
VII. Cancellations or Changes by Us and Flexibility
We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of clients and for circumstances of Force Majeure, which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to visited, and make other changes in the itinerary. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events and/or closures, 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.
If we must cancel a trip due to insufficient enrollment, all trip members will be notified a minimum of 60 days before the trip departs and will receive a full refund of payments made to AnaNewYork.
Any changes may require a supplemental payment from you or result in a partial or full refund. A supplemental payment is a rare situation; however, such a payment may arise due to unexpected events (e.g., increase in government fees). We typically try to absorb any increased fees as a result of a change by us under this section. If we cannot absorb the extra cost, we will give you advance notice in the rare event that a change by us would require a supplemental payment. A refund under this section will constitute full settlement of claims you may have arising out of our cancellation. Unless doing so would create an unstable financial situation for us, we will refund any deposits already paid in the event of a cancellation due to Force Majeure less any non-refundable deposits paid to our third party suppliers. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, however.
VIII. Denial of Participation
AnaNewYork reserves the right to deny participation in the trip to any Traveler that AnaNewYork, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the trip activities, or whose actions or deportment it judges unsuitable for group travel. During the trip, AnaNewYork has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the trip. The decision of the guide, host or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
IX. Force Majeure
We 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 our 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 nature, 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, government intervention, weather conditions, and unforeseen circumstances. If we and any of our suppliers are affected by Force Majeure, we and our suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the trip. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the trip.
X. Optional Activities
During any AnaNewYork trip, there may be opportunities to participate in activities or local events, which are not included in Ana New York’s packaged trip. AnaNewYork makes no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. Activities may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided trips, surfing, fishing, hiking, swimming, zip lining, and parasailing, cooking classes, or activities including alcohol. Events may include, but are not limited to, local festivals, concerts, and organized events. You understand and agree that any assistance given by AnaNewYork’s trip leader or staff to help arrange these optional activities is done in good faith. Ana New York does not sponsor or endorse these activities or events, nor can AnaNewYork be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety.
XI. Discounts and Promotions
All discounts and reduced pricing are offered and or applied at AnaNewYork’s sole discretion. From time-to-time, AnaNewYork may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Traveler has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.
XII. Pre-Departure Documentation
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We are not responsible for any errors in documentation if you fail to notify us of any inaccuracies within 45 days of your receipt of those documents. This agreement, our liability waiver, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
XIII. Passports and Visas
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release AnaNewYork from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. While we may provide information on such matters as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
AnaNewYork is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document.
XIV. Health and Medical
You represent that neither you nor the Child (if applicable) do not have any condition, physical or mental, that would create a hazard for you or other Travelers or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition.
Note that we are not a medical authority. We assume no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the trip.
Ana New York is not responsible for securing or protecting your baggage or belongings at any time during any trip.
XVI. Photography and Images Release
You acknowledge that the media staff on your trip (“Photographer” and/or "Videographer") will own the rights to the images, photos and videos that he or she takes or creates during your trip. You acknowledge that because the Photographer/Videographer will own the rights to the photos, images, videos and any other content that he or she creates during the trip, you cannot sell any of this content that the Photographer/Videographer shares with you or use it commercially. You can use the content for personal use only and must credit its creator by including his or her name and a notation that the content is his or her copyrighted content.
You grant us, including the Photographer, Videographer and our Third Party Suppliers, a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivative works of, and reproduce any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for any purpose, including to promote and publicize our travel products and services worldwide.
You also acknowledge and agree that we or other parties, including but not limited to the Photographer, Videographer, Third Party Suppliers and other participants, may during your trip take or create images, photos, sound recordings and videos in any format that contain or feature you or the Child (collectively, “Trip Images of You”). These images may contain your or the Child’s name, likeness, identity, photographic image, videographic image or oral or recorded statements. You agree that we and our Suppliers may use these Images for any purpose, including to promote and publicize our travel products and services, and grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images without your prior inspection. Should you have specific concerns, please bring them to the attention of the media staff on your trip.
Notwithstanding the above, we, the Photographer/Videographer and our Third Party Suppliers agree not to sell or give permission to Third Parties to sell Trip Images of You without your advance permission.
XVII. Complaints and Claims
If you wish to make a claim, submit a complaint, or request compensation for any reason, you agree to do must do so email within 30 days after the trip’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Any claim or complaint received by AnaNewYork after this deadline will not be accepted or reviewed. Send emails to us at firstname.lastname@example.org.
If you have any issues or questions during your trip, promptly notify us or your host or guide so that we can try to address them.
XVIII. Limits on Responsibility
At no point, and under no circumstances, is AnaNewYork responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked and paid for externally to AnaNewYork. AnaNewYork is not obligated to alter any trip itinerary or suspend a trip’s commencement for any reason that prevents you from joining a trip as planned.
XIX. Travel Advisories & Warnings
While we continuously monitor the areas we visit as reasonably possible, it is your responsibility to become informed about the areas where you are about travel to including any travel advisories and warnings issued by government authorities in your country. In the U.S., consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. You are responsible for protecting your own well-being and personal property before, during, and after your AnaNewYork trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
XX. Local Payments
At times throughout your trip, it is likely that you will have the opportunity to participate in activities and/or events that are not included in the trip itinerary. These opportunities allow you to customize your experience and level of adventure on the trip, but keep in mind that AnaNewYork does not endorse or sponsor these services as mentioned in the Optional Activities section above. All optional activities are paid for locally and directly to the supplier of the activity, event, or service.
XXI. Personal Responsibility
You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that Ana New York’s trips are adventurous by nature and may involve a significant amount of personal risk or physical activity.
XXII. Seat Belt Policy
To ensure the safety of our Travelers and local hosts and guides, AnaNewYork Travel recommends that everyone stay seated and wear their seatbelts at all times while riding in any vehicle that is in motion. This recommendation is not only for your safety but also for the safety of everyone else in the vehicle. It is noted that some vehicles internationally may not be equipped with these restraints as accepted by local laws. AnaNewYork and our transportation suppliers remain focused on protecting your safety, but they cannot be expected to constantly check to make sure everyone is buckled prior to moving a vehicle. Therefore, it is your responsibility to remain seated and wear your seatbelt properly and at all times while the vehicle is in motion.
XXIII. Cultural Differences and Drug Policy
It is acknowledged and understood that traveling to international destinations will expose travelers to unique situations and experiences that are different than those you are familiar with in your home country. These differences enhance the experience and adventure of your trip, and typically involve cultural and social aspects of the region such as food, drink, attire, and local laws. Ana New York and your guide or host may discuss these differences during your trip, but you also have a responsibility to perform your own research and act responsibly while traveling. AnaNewYork does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. We want you to have fun and encourage you to take advantage of the local culture, but AnaNewYork emphasizes safety as a top priority.
XXIV. Applicable Law, Choice of Forum, and Severability
You agree that this agreement shall be interpreted according to the laws of the State of Florida in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or superior court in the State of Florida. You agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
XXV. Limitation of Remedies
You agree that the sole remedy for any default by AnaNewYork arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, AnaNewYork shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if AnaNewYork has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
The land price of your trip includes:
• all accommodation as listed in the Essential Trip Information
• all transport listed in the Essential Trip Information
• sightseeing and meals as listed in the Essential Trip Information
• the services of a group leader as described in the Essential Trip Information
The land price of your trip does not include:
• international or internal flights unless specified
• airport transfers, taxes and excess baggage charges unless specified
• meals other than those specified in the Essential Trip Information
• Visa and passport fees
• travel insurance
• Optional activities and all personal expenses