This is Your Agreement With Us Please Read Carefully
Updated: June 29, 2023
Cosmopolitours is a registered DBA of ATLA Group, Ltd, a Pennsylvania USA Limited Liability Corporation. This document defines your agreement with ATLA Group, Ltd.
In this document “we”, “us”, and “our” refer to ATLA Group Ltd. “You” means anyone who will use services provided ATLA Group Ltd regardless of whether such services were purchased by you, or by any third party on your behalf, such as a travel agent.
- This Agreement, Effective Date, Terms, and Conditions.
Please read carefully and fully understand this Agreement between you and us prior to purchasing anything from us.
This Agreement shall be effective and legally binding upon you and us from the moment when any payment from you to us is received by us, until the moment you complete the final event listed in the Itinerary that you purchase from us.
We shall make reasonable efforts to call this Agreement to your attention prior to your making any payment to us, but at the moment this Agreement comes into effect, both you and we shall assume that you and we have read this agreement, understand its meaning, and accept it as a legally binding between you and us.
This Agreement may be updated from time to time without prior notice at the sole discretion of ATLA Group Ltd. You are advised to request the latest version of this Agreement before making any payment to us, by checking on the ATLA Group Ltd website at ATLAgroupLtd.com/terms-and-conditions or by requesting the latest version from us.
ATLA Group Ltd, Mailing Address:
All mail to or from ATLA Group Ltd, shall be addressed as follows:
ATLA Group, Ltd
533 E. Girard Ave
Philadelphia, PA 19125
2. You Are Purchasing A Travel Plan Called An Itinerary:
ATLA Group Ltd sells travel planning services delivered in the form of a document called an “Itinerary”. We will provide you with the Itinerary in advance of your travel as our final work product in consideration of monies you pay us under this agreement.
When you purchase travel services from us, we contract independent third party providers of certain discrete services including but not limited to lodgings, transportation, meals, guides, events, and others to provide such services to you at a specific time and place. All of the discrete services that we contract on your behalf are documented in the Itinerary we provide to you in advance of your travel.
The Itinerary details, in chronological order, the time and place, and the person, persons, or other entities who will provide services to you. We call these products and services by various names including but not limited to “Tours”, “Visits”, “Transfers”, “Events”, “Activities”, “Experiences” and “Happenings”.
All services detailed in the Itinerary are provided by third party independent contractors not owned or operated by ATLA Group Ltd, not withstanding any agreements or relationships that may exist between us and such third parties. For example, an airline ticket is a contract between you and the air carrier only, even if you purchase the ticket through ATLA Group Ltd.
3. General Waiver of Liability:
You waive all liability for ATLA Group Ltd for services provided by third party providers, and as per any and all further waivers severally enunciated herein.
4. Our Service Fee:
Unless otherwise stated to you in writing by ATLA Group Ltd, accepting this agreement means you understand that our Service Fee is the lesser of $2,500.00 USD per person or 50% of the total sum that you shall pay us under this Agreement (see “Trip Cost” below), and that such Service Fee may or may not constitute any profit or gain we earn by providing you our services.
Our Service Fee is subject to our 72 hour grace period policy as per Section 8 below.
5. Trip Cost:
Your “Trip Cost” means the total sum you shall pay to us in full prior to your travel. Your trip cost includes our Service Fee plus all the fees and costs for all the services provided by the third party independent contractors listed and detailed in the Itinerary.
The Trip Cost does not include all of your travel expenses. Your travel expenses will include additional costs. For example, tips and gratuities, hotel minibar or room services charges may be among the various costs not included in your Trip Cost.
As a convenience to help you budget for your travel expenses, your Itinerary includes listings under headings such as “Costs Included in This Itinerary” and “Costs NOT Included in This Itinerary”. These listings are only a convenience and shall not be considered as a complete or exhaustive inventory of all expenses you may incur while traveling. Under this Agreement any and all travel expenses that are not specified under the heading of “Costs Included in This Itinerary” shall be deemed to be your sole responsibility to pay, regardless of whether or not they are enumerated by us.
If you have any question or confusion about what is or is not included in your Trip Cost, please ask us for clarification before you travel.
6. Trip Proposal and Estimated Trip Cost:
The Trip Proposal is a short document we provide you before you make any payment to us. The Trip Proposal outlines in general terms all the services that will be included in your itinerary and includes an “Estimated Trip Cost”.
As a general practice ATLA Group Ltd exercises best efforts so that Trip Costs are equal to Estimated Trip Costs. Still, your Trip Cost may be an amount greater or less than the Estimated Trip Cost shown in the Trip Proposal due to any changes you may request, or to other outside factors including but not limited to foreign currency fluctuations, and/or price changes instituted by third parties beyond our control like airlines. Whenever we become aware that the Trip Cost may exceed the Estimated Trip Cost we shall inform you as soon as practicable.
Estimated Trip Cost is usually expressed on the Trip Proposal as “$X dollars per person for Y persons = $Z Estimated Trip Cost”. Any change in the number of persons in your travel party will change the Trip Cost and the cost per person. For example, if we provide you a Trip Proposal for a travel party of six persons, and two of those persons decide not to participate, cost per person per person of the remaining party of four usually increases, though the Estimated Trip Cost might decrease.
7. Itinerary Delivery, Revisions, and Iterations:
As a general practice we deliver your Itinerary to you using the Trip Plans mobile application which is owned and operated as a service by Travefy, an independent third party. The Trip Plans app allows you to view your itinerary live on Android and Apple phones, as well as to download and save PDF versions of your Itinerary.
It is usual and customary that we make changes or adjustments to your Itinerary to adapt to emerging circumstances, including changes made after your travel has begun. The Trip Plans app updates immediately as long as your mobile phone has an internet connection. While we will always exercise reasonable efforts to communicate Itinerary changes to you, it is your responsibility to connect your mobile device to the internet at least one time daily during the Term of this Agreement so that your Trip Plans app can update your Itinerary.
You agree to hold us harmless for any interruption of updates to your Trip Plans app, including but not limited to interruptions caused by faulty internet service, faulty hardware, and faulty software. If you are ever unsure of which version of the Trip Proposal or Itinerary is the most recent, please ask us immediately.
As a general practice we will make your itinerary available to you no less than 14 days prior to the first event listed in your Itinerary.
It is your responsibility to review The Itinerary, and immediately call to our attention any perceived discrepancy between the Trip Proposal and The Itinerary that may be considered as a breach and/or non-performance of this Agreement by us. Your informing us that you perceive a discrepancy between the Trip Proposal and the Itinerary, shall not mean that any such discrepancy exists in fact. However, if you do not inform us of any such discrepancy you may perceive between the Trip Proposal and The Itinerary, we shall proceed under the assumption that no discrepancies exist.
8. Booking or Reserving Travel By Paying a Trip Deposit:
“Booking” or “Reserving” services from ATLA Group Ltd means paying our Service Fee in full in advance. Such payment in advance is called the “Trip Deposit” and by definition is not payment in-full of the Trip Cost. Payment in-full of the Trip Cost must be received by our bank and available in our account no less than 45 days before the first event listed in the Itinerary.
We may accept payment by Credit Card subject to a 3.25% Credit Card Fee or ACH payment through our third party payment processor We Travel, and/or by wire transfer directly to our bank account at Chase for an additional $35.00 fee per domestic wire, or you may request to pay by check. Non-US Persons must pay via credit card, or by international wire transfer for an additional $55.00 fee per international wire.
Payment is not deemed to be made until all requested funds deposited are cleared by our financial institution. For group travel, the reservation for all members of the group is not made until the payments for all members of the group have been received and cleared by our bank. Your reservation may be canceled if any payment is not cleared by our bank.
Final payment in-full is required prior to travel. We will not provide any service listed in the Itinerary until and unless the Trip cost is paid in full. Failure to pay the Trip Cost in full will be considered a breach by you of this agreement result your reservation being cancelled and any payments by you or anyone traveling with you will be retained by us. You waive liability to ATLA Group Ltd for canceled land and/or air reservations when payment in-full is not made in advance.
9. 72 Hour Trip Deposit Grace Period Policy:
Trip Deposits are refundable for the first 72 hours following payment only when paid more than 45 days prior to the first event listed in the Itinerary.
After 72 hours, and/or less than 45 days prior to the first event listed in the Itinerary, no refunds or chargebacks whatsoever are allowed.
To cancel your reservation and request a refund of your deposit, send an email with “Refund Request” as the subject to Refunds@Cosmopolitours.com that includes all of the following information in the body of the email:
a) Your Full Name as it appears on your reservation;
b) The date you paid the Reservation Deposit that you wish refunded;
c) Either the Payment Confirmation Number you received when you made your payment, or the Trip Title, Trip Start Date and Trip Name of the Reservation you wish to cancel;
d) Either the brand name and last four digits of the credit card used to make payment (for example: “Visa 4567”) or, if you paid your Reservation Deposit by bank transfer, the name of the bank and the account number used to make payment (for example: “Bank of America 23456789”).
Any email account that sends an email to Refunds@Cosmopolitours.com gets an automatic time stamped Reply Email. The time stamp on that Reply Email is proof of the time our server received your email. If you do not receive the automatic time stamped Reply Email, then your Refund Request has not been received by our server. No Refund Request is eligible for refund until it has been received by our server.
Other than the Trip Deposit within 72 hours of payment as described herein, no other payments to us are refundable.
10. We Strongly Urge You To Purchase Adequate Travel Insurance:
Given the absolute nature of our strict No-Refunds policy, we strongly urge you and anyone traveling with you to protect your travel investment by purchasing travel insurance, including “Cancellation for Any Reason” coverage, from a reputable third party insurer. Please provide us with a copy of your travel insurance coverage endorsement letter for our records.
We recommend Squaremouth.com for comparative travel insurance purchasing. We are a licensed Travel Insurance Agent by the Commonwealth of Pennsylvania, and an affiliate of Squaremouth, Allianz, and other travel insurance providers.
If you choose not to purchase travel insurance as described above, then you are taking an extreme risk that could result in the loss of some or all of your payments. We affirmatively assert that we shall not provide any relief to you or anyone traveling with you for any loss resulting from you taking such extreme risk.
11. Travel Date Changes Policy:
We understand that plans change.
If you need to change your travel dates you may do so free of any penalty imposed by us by informing us at any time prior to 45 days before the first event in the Itinerary. You are fully and solely liable for any and all change or cancellation fees charged to us by third party providers, including but not limited to providers for airfare, lodgings, ground transportation, and pre-paid Events and Activities. You are subject to the policies of those third party providers governing changes, cancellation and fees.
You waive all liability for ATLA Group Ltd for your recovery of any funds from any and all such third party providers.
Travel Date Change requests received by us between 45 and 30 days prior to the first event in the Itinerary are subject to a $500.00 per person Change Fee payable to us, in addition to any and all additional costs charged by any and all third party service providers.
Within 30 days or less prior to the first date in the Itinerary all sales are final, neither Refunds nor Credits are possible, and all monies paid by you to ATLA Group Ltd will be retained.
12. No Shows and Late Changes:
As a general policy ATLA Group Ltd will endeavor to the extent reasonably possible to cause all Events listed in the Itinerary to occur at the time and place indicated therein. This general policy is limited by circumstances uncontrollable and/or unforeseeable by us including but not limited to Force Majeure, such as weather conditions, public safety emergencies, public health emergencies, traffic and/or travel delays, equipment failures, and service interruptions ordered by governing authorities.
You must make yourself and anyone traveling with you present, ready, willing, and able to participate in all Events listed in the Itinerary at such times and places as indicated. Failure by you and/or anyone traveling with you to appear at the indicated time and place will be considered a “No Show” by you.
No refunds or credit of any kind will be provided by ATLA Group Ltd for Events you miss due to your absence or No Show regardless of cause. You are responsible for any additional expenses a No Show may incur. For example, if airport arrival pick-up transportation is provided as part of the Itinerary, and you fail to arrive on-time as per your itinerary because you missed your scheduled flight or the airline rescheduled your arrival, you are solely responsible for any additional transfer costs.
You must provide ATLA Group Ltd with your flight information, including record locator codes. It is your responsibility to immediately notify ATLA Group Ltd of any circumstances, including but not limited to flight delays, cancellations, or any other such changes that may cause your absence for any Event in the Itinerary.
Late Changes are defined as occurring within 30 days prior to the first Event of your Itinerary until the last event of your itinerary. Late Changes options are usually limited to cancellation of one or multiple Events in the Itinerary while Substitutions are usually impossible. For example You may cancel any Event, Activity, or Service, but rescheduling is usually impossible without other trade-offs and changes to your Itinerary, and will incur extra costs payable by you.
Capacity for individuals participating in any and all events listed in your itinerary is strictly limited to the number of individuals paid-for under this agreement. The inclusion and/or the intent to include more individuals in any Service, Activity, and/or Event in your Itinerary without your having paid us in advance for such additional participants shall be a breach of this agreement by you.
13. Conduct Yourself Appropriately At All Times:
You and anyone traveling with you shall conduct yourselves in an appropriate manner that respects the laws, norms, and customs of the destinations you’ll visit. We understand that as a traveler you may not be fully aware of such local norms, so please follow the instructions provided to you by our guides, drivers, or other local personnel. If you or anyone traveling with you fails to follow the advice of our local personnel, you will be provided two verbal warnings. A third failure of conduct after such warnings issued by us will be considered a breach of this agreement by you.
We reserve the unconditional right to remove, or otherwise deny service to any participant whose conduct is deemed incompatible with the interests of ATLA Group Ltd and/or the public-at-large. Examples of unacceptable behavior include but are not limited to engaging in actions that are illegal under United States of America, International, or local law, and/or inducing or inciting ATLA Group Ltd staff and/or contractors to engage in actions that are illegal under United States of America, International and/or local law, and any actions that may be deemed to constitute a hazard and/or threat to public safety and/or the well-being of other persons or property.
ATLA Group Ltd will not refund or cover any cost or expenses resulting termination of services due to any breach of this agreement by you or anyone traveling with you.
14. Travelers Who Need Special Assistance:
Prior to Booking, you must inform us of any status, condition, or disability that may require special attention for you or anyone traveling with you to participate in the Itinerary. Such special status conditions or disabilities may include but are not limited to dietary restrictions, physical disability, or religious requirements.
If informed in advance of your travel, we will make reasonable attempts to accommodate the special needs of such specific travelers, but we are not responsible in the event we are unable to do so, nor will we be liable for any denial of services by air carriers, hotels, restaurants, or other third party suppliers.
ATLA Group Ltd cannot provide individual assistance to a tour participant for walking, dining, getting on and off motorcoaches, ships and other conveyances, or other personal needs. ATLA Group Ltd requires that a qualified and physically able companion must accompany each traveler who may need such assistance.
Not all Events and/or Activities accommodate wheelchairs, and some locations and sightseeing activities require extensive standing, sitting or walking, sometimes on unpaved or cobblestone streets. ATLA Group Ltd is not responsible for any missed activities due to a participant’s inability to participate with the group.
The Americans with Disabilities Act is only applicable within the territories of the United States, and facilities for disabled individuals are limited outside its borders.
15. You Are Responsible Your Personal Safety and Physical Well-Being:
Please be aware that during your participation in the Itinerary, certain risks and dangers may arise beyond ATLA Group Ltd’s control, including but not limited to: Force Majeure, weather conditions, water hazards, the hazards of traveling in undeveloped rural or urban areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; crime; political unrest; acts of war, lawlessness, or terrorism; sanitary emergencies including but not limited to epidemic diseases; and unforeseeable accident or illness. You agree to waive all liability for ATLA Group Ltd, our agents, owners, executives, contractors, sub-contractors, assignees and employees for any and all such risks and dangers that may arise during your travel.
No one is required to participate in any Event or Activity in the Itinerary. All participation by you or anyone traveling with you is deemed voluntary. You must inform our ground personnel immediately upon the event that you feel in danger, afraid, physically unwell, or otherwise unwilling or unable to continue the Itinerary.
You may be traveling in remote regions without means of rapid evacuation or medical facilities. You are hereby advised to prepare yourself accordingly.
While ATLA Group Ltd will use reasonable and customary efforts to ensure that adequate measures are taken to keep you safe and sound at all times, under this Agreement you shall hold us harmless regarding any and all provision of security and legal assistance and/or medical care, and for the adequacy of any assistance or care rendered.
15. Visas & Passports:
For all travel outside of your home country, you are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. It is your responsibility to verify all visa and passport requirements.
ATLA Group Ltd is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and ATLA Group Ltd does not accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to possess correct documentation.
All passengers traveling internationally are required to have a valid passport. Most countries require that a travelers’ passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended that you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages to permit entry. We strongly recommend that all travelers carry with them a legible photocopy of their passport photo/information page.
16. Photographs, Recordings, and Moving Images:
Photographs, Recordings, and/or Moving Images appearing in the Itinerary, on web sites controlled by ATLA Group Ltd brands, and in any printed materials provided by ATLA Group Ltd, shall be used solely as generally indicative of facilities and attractions. Actual facilities and attractions may vary in real life.
Maps shown on the website and your itinerary are illustrative and may not reflect the actual routing you will follow.
Our ground personnel are required in the normal course of their duties to take photographs, recordings and moving images of you and anyone traveling with you to document your experience during the Events in the Itinerary. You may not forbid our personnel from taking such photos and moving images as required for the completion of their duties. All such photographs, recordings, and moving images are the sole property of ATLA Group Ltd, and as such may be used by us for any legal purpose including posting on the internet, though as a general practice we do not publish any personally identifying facial images of our clients without permission. If you encounter a personally identifying image of yourself that has been published by us, please inform us immediately.
Out of respect to your privacy, upon your request we will refrain from public posting of images in which you identifiably appear.
17. Sometimes Things Go Wrong Unexpectedly:
We expect your travel with us to be flawless. But sometimes, rarely, unexpected events unfold in such a way that may cause inconvenience and interruption of the Itinerary. Every car gets a flat tire at some time, or every guide has a child that gets sick occasionally. You never know.
We measure ourselves as professionals not by how perfect our services are normally, because flawless service is our goal. Instead, we measure ourselves by how we respond when things are less than perfect.
These are our commitments to you if something goes wrong unexpectedly:
a) We will get you to a safe secured space as soon as possible.
b) We will not leave you unattended or alone without your permission.
c) We will keep you informed of what’s happening.
d) You will participate in decision making. However, all urgent decisions will be made by us only, even if that action is not exactly what you might prefer in the moment.We shall take reasonable reactive actions as we deem to be in the general best interest based on our informed professional opinion under any such urgent circumstances.
e) We will get the Itinerary back on schedule as soon as reasonably possible.
The only thing we ask of you if and when something goes wrong, and really even when things are going right: Please maintain an adventurous flexible attitude.
18. Complain in Real Time:
We want you to enjoy every moment of your travel with us.
If there is ever any Event or Activity during the Itinerary that you are not enjoying for any reason, you must inform us in real time to provide us the opportunity to make reasonable and appropriate changes while possible. Conversely, by not informing us of any displeasure on your part, you will actively deprive us of any opportunity for corrective action.
Absent any complaint by you, we assume your total satisfaction with all of the Events, Activities, and/or Services we are providing.
19. Mutual Non-Disparagement:
During the period commencing on the Effective Date of this Agreement and continuing until the third anniversary of this agreement’s termination for any reason, neither you nor your agents, anyone traveling with you, nor their agents on the one hand, nor ATLA Group Ltd formally, or our respective agents, on the other hand, shall directly or indirectly issue or cause to be issued and/or communicate any public statement, or statement likely to become public, that maligns, denigrates or disparages the other. The foregoing shall not be violated by truthful responses to legal process or governmental inquiry or by private statements to any of ATLA Group Ltd’s executives, officers, directors or employees; provided that such statements are made in the course of carrying out this Agreement.
20. United States Department of the Treasury OFAC Compliance for U.S. Persons Traveling to Cuba:
If you are a Citizen or Resident or any person otherwise under the jurisdiction of the United States of America, you are a considered as a U.S. Person, and you must abide by all U.S. laws and regulations, including those administered by the US Department of the Treasury, Office of Foreign Assets Control (OFAC) regarding travel to Cuba. For up-to-date information regarding your eligibility to travel to Cuba under General or Specific License consult the latest information and regulations published by OFAC at http://www.treasury.gov/resource-center/sanctions/Programs/pages/cuba.aspx.
OFAC regulations require that travel transactions related to Cuba must be directly incident to one of the specific categories of travel authorized by general license published by the U.S. Department of Treasury, Office of Foreign Assets Control or travel must be authorized by a specific license granted on a case-by-case basis by OFAC directly to travelers.
ATLA Group Ltd warrants that the Itinerary for your travel to Cuba is compliant with United States laws and regulations governing travel to Cuba. Any failure by you to comply with U.S. law, including any deviation by you from the lawful itinerary established by ATLA Group Ltd or any other violation of OFAC regulations by you, shall void all guarantees, warranties, covenants, or conditions offered by ATLA Group Ltd.
If you are a U.S. Person subject to the jurisdiction of the United States of America traveling to Cuba, including any United States citizen and/or resident thereof, you must provide ATLA Group Ltd with documentation proving your compliance with all U.S. laws, including regulations administered by OFAC, concerning travel to Cuba, including but not limited to a signed and executed Affidavit for Travel to Cuba under General or Specific License. Failure to provide such documentation may result in the cancellation of your travel and the forfeiture of any moneys paid to ATLA Group Ltd. If you are a US citizen or resident, and you have not received a request for such OFAC compliant documentation from us, please contact ATLA Group Ltd immediately.
ATLA Group Ltd shall provide you with documentation of your licensed travel to Cuba. You must retain that document and all financial records relating to your travel to Cuba for up to five (5) years for OFAC compliance.
21. U.S. Dept of Homeland Security Secure Flight Program:
Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking travel with air reservations, ATLA Group Ltd will on an as-needed basis collect the required information and add it to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes full name, date of birth, gender and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price as information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
Some destinations in Latin America require aircraft cabin insecticide treatment for in-bound foreign flights. For more information about aircraft disinfection requirements, please visit http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
22. Mediation and Arbitration:
In the event of any controversy or claim arising out of or relating to this arrangement between you and us, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association Alternative Dispute Resolution Service under its Commercial Arbitration Rules.
The number of arbitrators shall be one. The place of arbitration shall be Philadelphia, Pennsylvania. Pennsylvania law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
23. Section Headings and Formatting:
The section headings and formatting used in this Agreement are for convenience of reference only and are not to affect the construction hereof or be taken into consideration in the interpretation hereof.
24. Severability Clause:
Should any provision of this Agreement be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable.
25. Complete Terms and Conditions:
The foregoing constitutes the complete terms and conditions of the agreement between you and us.
Last Update: June 29, 2023