TERMS AND CONDITIONS 10.10

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1 Costa Rica Travel Pass, LLC, a wholly-owned subsidiary of Mosaico Travel Services, LLC 1338 S. Foothill Drive, Suite 220, Salt Lake City, UT Telephone (877) CST TERMS AND CONDITIONS In this agreement, you (the purchaser), along with any other members of your group registered as travelers during the Costa Rica Travel Pass booking process, may be referred to individually or collectively as you, the Client, Clients or Client. Likewise, Costa Rica Travel Pass, LLC and its parent company, Mosaico Travel Services, LLC, may be referred to as CRTP. Acceptance: CRTP can only provide travel arrangements to those who agree to these Terms and Conditions. Enrollment in, whether written or accomplished online, and payment for a CRTP package implies agreement and acceptance of the terms and conditions set forth below. By accepting these terms and providing payment, you agree to abide by these Terms and Conditions as if you had signed them. Participation in a CRTP package trip implies agreement and acceptance of the terms and conditions set forth below by each member of your group. When you submit a reservation request for your travel companions, you are promising that the Terms and Conditions will be communicated to, and accepted by every travel participant, and that you are authorized to sign on their behalf. Every travel companion must abide by these Terms and Conditions as if he or she had signed and accepted them personally. The services CRTP will provide for you are outlined and governed by these TERMS AND CONDITIONS, and it is your responsibility to read and understand them. Procedures for payment, charges, cancellation, changes and features included in the package are specified herein. Your Itinerary: CRTP has designed your itinerary based on input and comments from the Client. The Client is responsible for reading and understanding the itinerary. By accepting these Terms and Conditions, you (the Client) acknowledge that you have read, understood, and agreed to all items in the itinerary. If you make any changes to the itinerary, you will be responsible for any change or cancellation fees. CRTP is not responsible for any such changes or cancellation fees. Air Transportation: Airfare is not included in your CRTP package. If you (the Client) purchase airfare through a company recommended or referred by CRTP, that airline s passage contract shall constitute the sole contract between you (the Client) and the airline. CRTP at time acts as agents for the purchase of domestic airline tickets within Costa Rica. That airline s passage contract shall constitute the sole contract between you (the Client) and the airline. CRTP is not responsible for cancellations or delays of any flights nor for any lost services as a result of the same. The Client will be responsible for any additional expenses related to lost or delayed flights. Domestic flights in Costa Rica are subject to maximum baggage allowances. Allowances vary and are subject to change without notice, but 25 pounds per person is a typical allowance. Excess luggage will be charge by the airline and will be transported only if the flight s weight capacity allows it. Domestic flight tickets in Costa Rica are non-refundable or endorsable. Change penalties may apply. Airfares are subject to change without notice. Package Inclusions/Exclusions/Substitutions: Tour packages include: (1) hotel accommodations for the mentioned number of nights and room category (2) features as described under package inclusions. Package prices are subject to change without notice until payment in full is received. Travelers are responsible for any other costs or expenses associated with the tour package including but not limited to, passport fees, foreign airport taxes or surcharges, excess baggage charges, meals not specifically included with the tour package, tips, items of a personal nature and/ or any other costs not associated with the vacation package. Specifically, CRTP packages include the following: - Vouchers for lodging (standard room or similar) and hotel room taxes - Daily continental breakfast for two guests per room. Some restrictions apply, as a few participating hotels do not include breakfast or have restaurant facilities. - Transportation from the airport to your hotel or the car rental office in San José. - Voucher for car rental with unlimited mileage within Costa Rica - Mobile phone (provided by the car rental agency) for use in making hotel reservations while in Costa Rica - GPS capable of giving commands in English - A full-color catalog with photos, details, and phone numbers of participating hotels Page 1 of 6

2 - Second driver registration - In-country support (via telephone and ) - Surf board rack (if requested at time of booking) - Child safety seat (if requested at time of booking) Among the items not included in CRTP packages are the following: Airfare Meals other than breakfast. However, in Tortuguero, three meals daily are provided for up to two Clients per room. Car rental insurance. Car rental insurance is mandatory in Costa Rica. The rate for basic coverage is roughly US$18 per day. Expanded coverage policies are available for around US$20 additional per day. Payments are made via credit card, with Visa cards preferred. These prices are subject to change without notice. Car rental damage deposit (a hold of roughly US$1,500 on your credit card). The damage deposit amount is subject to change without notice Fees associated with dropping off your rental car at a location other than the one designated by the car rental agency Mobile phone charges for incoming calls and international calls Gasoline (fuel) Personal expenses, optional expenses (examples include spa services, telephone charges, entertainment, laundry, early-check in and late check-out fees) Tours and activities (other than the regular tours provided directly by our participating hotels in Tortuguero) Any costs associated with vehicle damage, misuse, or accidents Travel insurance, which is strongly recommended for travel within Central America This list is not comprehensive or exhaustive. The absence of an item or service in this list does not imply its inclusion in a CRTP package. Currency/Price Guarantee: All prices quoted are in U.S. dollars. Prior to the time CRTP receives payment in full, prices are subject to change without notice. To avoid changes in prices, you can pay in full at the time of booking. Any changes requested after booking will be subject to the applicable price at the time of change. Reservations and Payment Policy: Reservations should be made as early as possible. All bookings are subject to availability at the time of reservation. All bookings include a $300 per person non-refundable deposit (i.e. service fee), which is applicable toward land service purchases (e.g. hotel vouchers, car rental vouchers) for the proposed trip and trip dates, but non-refundable in the event of cancellation. Vouchers: A voucher is your proof of purchase. Upon arrival in Costa Rica, CRTP will provide Client with vouchers that Client will redeem for vehicle rental and hotel accommodations. Keep vouchers in a secure place. Vouchers cannot and will not be replaced or refunded if lost or stolen. Only the vouchers provided by our partners, Costa Rica Top Tours, are valid for CRTP program use within Costa Rica. Participating Hotels and Hotel Reservations: Your hotel voucher number must be provided to the hotel at the time your hotel reservation is made. When making a reservation, you must also identify yourself as a participant in the Costa Rica Top Tours Open Voucher program, purchased through Costa Rica Travel Pass, LLC. Note that the first nights hotel must be reserved prior to arrival in Costa Rica. Future hotel nights will be reserved by the Client after Client arrives in Costa Rica. With the exception of the first hotel night, advance reservations are not possible within CRTP packages. Participating hotels (those lodges, inns, hotels, and camps participating in the Costa Rica Travel Pass programs or the Costa Rica Top Tours Open Voucher programs) reserve the right to deny accommodations based on availability; the availability of rooms in the participating hotels cannot be guaranteed. Clients are recommended to check availability at least 24 hours prior to arrival at the hotel. The list of participating hotels is subject to change at any time without notice. The definitive final participating hotel list will be received by the Client upon arrival in Costa Rica. Available Dates: CRTP packages are not available for peak season. That is, we do not sell Costa Rica Travel Pass, LLC packages for travel dates between December 16 and January 30 of any years. Vehicle Rental: Vehicle rental rates (and CRTP packages) do not include gasoline, tax, tolls, transfers or other fees. The rates include unlimited mileage. A valid driver license (for any Clients acting as drivers) and a major credit card are mandatory for all rentals. All additional expenses are the responsibility of the Client. All rates and terms are subject to change without notice. The minimum driving age is 21 years old. The maximum age is 70 years old. The car rental agencies reserve the right to deny rental to any person who does not appear fit to safely operate the vehicle. Accidents: If you, the Client, are in an accident, follow the instructions given to you by the car rental representative at the time you obtain your vehicle. That representative will provide you with emergency, insurance and roadside assistance phone numbers. Accidents, damages, medical, repair and other accident related expenses are the responsibility of the Client. CRTP is not responsible for any such costs. Page 2 of 6

3 Car Rental Insurance: Clients do not need an existing auto insurance policy to buy a CRTP package. However, Clients are required to purchase car rental insurance / auto insurance within Costa Rica. This is done through the car rental representative at the time you rent your vehicle. Insurance is charged on a daily rate. The rate for basic coverage is roughly US$18 per day. The price of this insurance is not included in your CRTP package. The price is subject to change without notice. Expanded coverage policies are available for an additional cost of roughly US$20 per day (estimated price, subject to change without notice). These policies can cover the deductible, including tire, glass and other incidentals not covered by the standard insurance policy. Expanded coverage can reduce the financial responsibility in case of accident, theft, vandalism, damaged tires, or broken glass to zero. This insurance is not included in CRTP packages. Regardless of insurance coverage, Clients as the renter must strictly comply with all the provisions and undertakings of the rental agreement. Payments for insurance are made on the Client s credit card, with Visa cards preferred. Car Rental Deposits: In addition to the mandatory rental insurance, car rental companies in Costa Rica require a damage deposit. This deposit is taken against the available balance on the Client s credit card, and Visa cards are the most readily accepted for this purpose. Typically, the size of the deposit is US$1,500. The deposit amount is subject to change without notice. Once the car is determined to have been returned undamaged, the deposit hold will be reversed on your credit card. If the car is damaged, all or a portion of the deposit may be forfeited to the car rental agency. The price of this insurance is not included in your CRTP package. Un-refunded deposits are the sole responsibility of the Client. Trust Account: California law requires certain sellers of travel to have a trust account or bond. CRTP has a trust account. Arrival/Departure Transfers: For all CRTP packages, transfer service with guided assistance to a participating San Jose hotel on arrival at San Jose s international airport (SJO or Aeropuerto Internacional Juan Santamaría) is included. Unused transfers are not refundable. CRTP s ability to provide transfer service is subject to our timely receipt of complete passenger flight itinerary. If CRTP does not have a complete flight itinerary prior to the issuance of travel documents, those transfers, ordinarily included in the price of the package, will not be provided and any unused service is nonrefundable. In such case, your vouchers and arrival packet items will be dropped off at the front desk of the Clients arrival night hotel in San Jose. For all Clients arriving at Liberia s international airport (LIR or Aeropuerto Internacional Daniel Oduber Quirós), vouchers and other arrival packet items will be left with the rental car agency desk at the airport. Special Travel Requirements: CRTP packages are available to all persons, and brochures may not list special services and equipment available to accommodate persons with special needs. At time of booking, Client must inform CRTP of any special requirements. Special service or equipment fees may be separately billed. Travel Insurance: Travel Insurance is strongly recommended. CRTP is a licensed vendor of Travelex travel insurance. For more information, call (M-F 8AM-7PM CST). Proof Of Citizenship: Clients are responsible for and must present a valid US passport for the trip. At least six months of remaining validity from the date of return to the USA is required. Each Client is responsible for obtaining valid travel documents, complying with customs, and complying with other regulations of Costa Rica. CRTP is not responsible for any problems related to / and or in obtaining these documents. Other Required Items: Clients must also bring the following items with them to Costa Rica. A valid US driver s license (for each Client who will be driving during the trip) with at least six months of remaining validity from the date of your planned return to the United States; A Visa card with an available balance of at least US$2,000 in available capacity. Clients will be required to place a deposit on the rental car at the time of rental, which deposit is not included in CRTP packages. All or a portion of that deposit may be kept by the car rental agency to cover vehicle damage. CRTP is not responsible for any such vehicle damage or loss of Client s deposits. A Visa card for payment of car insurance. Clients need to pay the daily standard car rental insurance fee, which fee is not included in CRTP packages. The price for this insurance is usually around US$18 per day. CRTP recommends and advises that Clients upgrade to full-coverage insurance for roughly US$20 more per day. Travel Documents/Document Fees/Shipping Fees/: Upon receipt by CRTP of Client s payment in full, travel documents will be sent to Client by electronic mail. Documents cannot be ed until full payment is received. For a fee of $40, travel documents will be sent to the Client via a twoday shipping service. CRTP will accept client shipping account numbers of Fed-Ex and UPS; however, a $20 service fee will still apply. Refunds: Refund claims must be filed within 30 days of original date of scheduled completion of travel or CRTP shall be fully released from all further liability. Refunds must be requested in a writing sent to CRTP & Travelex Insurance (if a Travelex policy was purchased by Clients) and are subject to a minimum $300 per person non-refundable deposit (i.e. service fee). (See Cancellation Fees for full disclosure.) If documents have been issued, these must accompany any request for refund. Acceptance of a refund constitutes a waiver by traveler of all rights and remedies under applicable law other than the refund. Page 3 of 6

4 No refund will be made for Client no-shows of any unused portion of the itinerary, whether due to voluntary or involuntary causes. Involuntary causes include airline delays or flight cancellations. Changes: For any reason (including acts of God, political instability, or threats of violence or war, strikes, medical issues discovered or learned about before or after a tour, terrorism, failure of any means of transportation to arrive or depart according to the travel plan, government regulations or restrictions, transit, service hotel and restaurant disturbances out of our control), CRTP reserves the right to cancel the package or make any reasonable changes and / or substitutions in the CRTP package. CRTP is not responsible for any event or activity change and / or cancellation due to weather or to circumstances beyond its specific and immediate control. For excursions or tours where CRTP is not the operator or direct supplier and it is acting only as an agent, CRTP will not be responsible if the supplier does not provide the service. Change Fees: (On a per person per booking basis) All changes are subject to availability. Fees for changes made after travel begins will be assessed on an individual basis. Changes made less than 90 days but more than 30 days prior to departure will be assessed a $50 fee plus any supplier charges. Changes made within 30 days of departure will be assessed a $100 fee plus supplier charges. All Change Fees Specified Above Are In Addition To Any Applicable Cancellation Fees and Charges Assessed By Vendors Related to Requests by Traveler for Changes. Cancellation Fees: All tour packages are nonrefundable less than 30 days prior to departure. All cancellations will be assessed the $300 per person non-refundable deposit (i.e. service fee). All cancellations received 90 or more days prior to departure will be charged for any unrecoverable expenses resulting from cancellation of hotels, ground service contractors, tour operators, car rental agencies, and / or air carriers. All cancellations of land services received less than 89 to 30 days prior to departure or after documents have been issued, will be charged 50% of land arrangement costs plus any non-refundable fees and charges. Airfare cancellation charges are additional and are governed by rules applicable to the published fare basis used. Upon cancellation of the transportation or travel services, where the Client is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Client, all sums paid to CRTP for services not provided will be promptly paid to Client, unless Client advises CRTP in writing, after cancellation. This provision does not apply where the CRTP has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, CRTP must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler. This Seller of Travel (Costa Rica Travel Pass, LLC and its parent, Mosaico Travel Services, LLC) is not a participant in the California Travel Consumer Restitution Fund. Lost Documents: Lost or stolen documents will not be refunded. Baggage Handling: In general travel from the U.S. to Costa Rica, two-checked pieces of baggage are allowed. In general, the maximum weight is 50 pounds per bag. Generally, the total dimension (length x width x height) of the baggage should not exceed 107 inches with the first bag not exceeding 62 inches and the second bag not exceeding 55 inches. One carry on bag is generally allowed with a total dimension of 45 inches (22L x 14W x 9H) and a maximum weight of 40 pounds. Dimension and weight restrictions vary by airline and are subject to change without notice. Baggage fees may apply. CRTP is not responsible for baggage fees. CRTP is not responsible for lost, damaged or delayed baggage. High Altitude Destinations: CRTP highly recommends that each traveler be examined by a physician before embarking on a trip to a high elevation. Most trips to a high altitude destination demand physical endurance and exertion and modern medical facilities are not immediately accessible. A medical exam is recommended but optional. Medical and Fitness Issues: Persons with medical conditions or problems (including mobility issues and allergies) should make them known to CRTP before booking. CRTP reserves the right to disqualify anyone at any time. Disqualification may occur if CRTP determines that a Client is physically incapable of performing an activity and / or if that Client s continued participation would jeopardize the safety of the group or handicap the normal functioning of scheduling of the tour. CRTP assumes no responsibility for special arrangements or problems experienced for or by Clients who are physically unable to participate in the planned activities. Having adequate supplies of all medications is the responsibility of the Client. CRTP is not responsible for dispensing or procuring any medications. CRTP does not directly provide individual medical insurance or accidental injury / death insurance coverage of any kind. However, all Clients are strongly advised to purchase travel insurance. Client's regular medical insurance coverage may not cover "out of country" travel or claims, and should be checked prior to departure. Page 4 of 6

5 Conduct: CRTP reserves the right to decline to accept, or to retain, any person as a Client for any reason that affects the operation of a tour or the rights and welfare or enjoyment of others. A refund of the recoverable land tour services is the limit of CRTP s liability in this event. Prostitution and the Exploitation of Children: Prostitution or any compensation of sexual favors is prohibited in any CRTP packages. CRTP assumes no responsibility for special arrangements necessary for or by Clients engaging in such behavior. CRTP s participating hotels do not allow prostitution within their facilities. Violation of such policies can result in the Client s removal from the hotel. Further, the vouchers of any Client involved in this type of activity will be voided. Such penalty can be applied at any time during the trip. CRTP condemns all forms of sexual exploitation, and we are especially intolerant of the sexual exploitation of children. CRTP vigorously supports all laws made to prevent and punish such crimes. In accordance with Costa Rican laws (e.g. Number 7899 against the Commercial Sexual Exploitation of minors and article 4th of the Code of Conduct), we will revoke the vouchers of any Client that in any way contributes, facilitates, or promotes the sexual exploitation of children and adolescents. CRTP demands and expects that all Clients refuse to take part in such practices. Clients are also urged to report all cases of sexual exploitation of children to local authorities. Alcohol and drugs: The abuse of any alcoholic drink or consumption of any illegal drug during a CRTP trip is strictly prohibited. Operation of vehicles while under the influence of such substances is a violation local and national Costa Rican laws and a breach of the Client s car rental agreement. Such practices can result in civil and criminal prosecution and incarceration. Responsibility and Agent Status: CRTP and its employees act only as agents for the sale of packages of hotel vouchers, car rental vouchers, and other services. CRTP purchases all of these items from El Tucan de Gandoca Manzanillo S.A. (doing business as Costa Rica Top Tours), which may be referred to as Supplier in this agreement. Supplier is a tour operator based in Costa Rica. CRTP sells packages for Supplier. CRTP does not supply the travel service components in the program; all of these items are provided by Supplier. CRTP believes Supplier to be reliable. However, Supplier is an independent contractor with its own management. CRTP is not liable for, and Client hereby waives any right to a claim for damages against CRTP for any failure of or inadequate performance or any loss of or damage to property or injury caused by any defect, negligence, or other wrongful act or omission by Supplier. The Client may be required to contract with Supplier upon receipt of vouchers and other documents. If so, Client will be subject to Supplier s terms of business. Under no circumstance is CRTP to be construed as a principal, carrier, or common carrier under this agreement or under contract for safe passage of the Client or for Client luggage and / or belongings. In the event any service or accommodation cannot be provided due to delays or for any other reason beyond the control of CRTP, CRTP will exert reasonable efforts to arrange alternate, comparable services or accommodations. In the event CRTP cancels a vacation package, any refund shall be limited to the total amount paid by the Client to CRTP. Baggage insurance is recommended as the airline liability for loss or damage to the Client s baggage is limited, in accordance with the terms of the airline s contract of carriage, often to not more than $1,000, unless the Client has declared a higher value and an additional payment has been made in accordance with carrier s tariffs. CRTP reserves the right to decline, accept, or retain any traveler for its vacation packages at any time. If a Client is removed from the vacation package, a proportionate refund may be requested in writing in accordance with these Terms and Conditions. All travel documents are issued subject to the terms and conditions specified by CRTP or Supplier. CRTP is not responsible for any injury, damage, death, loss, accident or delay due to any act or default of any air, land or water carrier, hotel, restaurant, company or person rendering any of the services, activities or programs included in a CRTP package. CRTP is not responsible for the Client's cost of travel in returning home before completion of a CRTP package trip. Binding Agreement: These terms, conditions and policies have the force and effect of a binding contract between the Client and CRTP. By accepting these forms, proceeding with a reservation, and paying, the Client signifies his or her agreement to be bound by these terms, conditions and policies. Page 5 of 6

6 Release of Liability and Assumption of Risk In this Release of Liability and Assumption of Risk, I (the purchaser), along with any other members of my group registered as travelers during the Costa Rica Travel Pass, LLC booking process, may be referred to individually or collectively as I, the Client or Client. Likewise, Costa Rica Travel Pass, LLC, may be referred to as CRTP. 1) I am aware that travel has certain inherent risks and dangers. Participation in travel activities such as wildlife viewing, hiking, trekking, horseback riding, rafting, tubing, boating, zip-lining, ATV riding, hang-gliding, rappelling, caving, bicycling, snorkeling, diving, camping, waterskiing, water sports, and sightseeing involve risks and dangers, some of which can be foreseen and some of which cannot be foreseen. By accepting these terms, I acknowledge that I have been informed of these risks and dangers and I accept them. I understand that this Release cannot include all of the possible risks and dangers that I may experience on a trip in a foreign country. I acknowledge that these risks may result in serious death or injury. 2) I acknowledge that travel in remote areas and / or undeveloped regions of foreign countries may limit access to adequate medical facilities or doctors. Inherent risks of illness, including but not limited to malaria, hepatitis and yellow fever, may result from travel in undeveloped regions of foreign countries. I understand that medical evacuation, if available and necessary, is difficult, expensive, and timeconsuming. I assume responsibility for payment of any medical evacuation expenses incurred if I become injured or ill. I also assume responsibility for prevention of diseases or other illness particular to the geographic area in which I will be traveling and have been advised by Costa Rica Travel Pass, LLC that a medical exam is recommended but optional. 3) Costa Rica Travel Pass, LLC believes that my upcoming trip is a significant investment that I should protect. For this reason, I have been advised to purchase a Travelex travel insurance policy or policies (described at and at If I choose to decline this protection, I, the Client, assume any financial loss associated with cancellation, loss, delay, interruption or other disturbance of my travel arrangements. I, the Client, have been informed of the benefits of travel insurance, and been advised to consider purchasing a travel insurance policy to cover my trip. I understand that no travel insurance is included in my Costa Rica Travel Pass, LLC package. 4) I understand that less developed regions and countries may be unstable politically, which may effect my safety while traveling. 5) In consideration of services or property provided, I, the Client, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, any heirs, personal representative or assigns, do hereby release Costa Rica Travel Pass, LLC, its parent company, principals, directors, officers, agents, affiliates, representatives, and employees, from all liability and waive any claim for damage or injury except that which is the result of gross negligence, in connection with a Costa Rica Travel Pass, LLC trip. 6) I have read and understand the Terms and Conditions for this trip. 7) Neither Costa Rica Travel Pass, LLC, nor its parent company, principals, directors, officers, agents, affiliates, representatives, or employees shall be responsible for circumstances arising as a result of Acts of God, weather, detention, wildlife behaviors, annoyance, delays and expenses arising from quarantine, strikes, theft, pilferage, military, political or terrorist action, civil disturbances, government restrictions, failure of any means or conveyance to arrive or depart as scheduled, or discrepancies or changes in transit over which Costa Rica Travel Pass, LLC has no control. 8) I further agree that any controversy or claim arising out of my participation in a Costa Rica Travel Pass, LLC trip and/or this Release of Liability and Assumption of Risk, which cannot be resolved amicably, will be governed and construed in accordance with the laws of the State of Utah. Page 6 of 6