Terms and Conditions

Responsibility:

The airlines, and the operators of these vacation packages, issue tickets and coupons covering transportation, hotel accommodations and other services and facilities only as agents for such other companies as furnish such services and facilities, and neither they nor their subagents shall be held liable for loss or damage or injury to property, or injury to person, caused by reason of any defect or negligence by any other transportation company, any hotel, any agency or any other such party providing such services. The airlines and the operators reserve the right to withdraw any vacation package at any time and to make such changes and alterations as may be found necessary for the proper handling of said vacation packages. The airlines are not liable for any claim of whatsoever nature arising out of, or in connection with, carriage or other service or features, or otherwise, performed or occurring in connection with these vacation packages, except as the condition of contract on the passenger ticket issued in conjunction with these vacation packages provide, or in accordance with its obligation to warrant appropriate refunds under the vacation warranty contained in this web page.

Limitation Of Liability:

By booking with Blue Sky Tours you acknowledge that in any event Blue Sky Tours will not be liable for any consequential damages and the extent of Blue Sky Tours' liability shall never exceed the amount you actually paid to Blue Sky Tours.

The services of any ARC or IATA Carrier may be used in connection with these tours.

All Prices Are Subject To Change Without Notice:

In the event that the service or accommodations described in this web page cannot be provided due to delays or other causes beyond the control of Blue Sky Tours, Blue Sky Tours will try, but shall not be required, to provide comparable services or accommodations.

Blue Sky Tours reserves the right to alter itineraries if it should become necessary or desirable. Blue Sky Tours also reserves the right to cancel the tour prior to departure. In such a case, full refund of all payments will constitute full settlement with the tour participant. The cost of these tours is based on rates (quoted by service providers and current at time of entry), tariffs and cost of services to be provided and is subject to adjustment prior to departure date.

Payment of the required deposit or any partial or full payment for a reservation on a Blue Sky Tours package constitutes consent to all provisions, conditions and general information contained on this web site. The terms and conditions of Blue Sky Tours may not be altered or modified without the express written consent of a corporate officer of Blue Sky Tours, 10832 Prospect Ave NE, Albuquerque, New Mexico 87112.

All terms and conditions of Blue Sky Tours shall be governed by the laws of and in the state of New Mexico.

Deposits and Payments:

Your reservation is confirmed upon our receipt of a deposit of $50 ($100 for travel between December 15^th and January 6^th) per person, and, if you choose, the non-refundable waiver. We must receive your deposit within 7 days of verbal confirmation to hold your reservation.

• Final payment -- Final payment is due in our office 35 days prior to departure, 60 days prior if traveling between December 15^th and January 6^th.
• Late bookings -- Late bookings are accepted up to the day of departure if permitted by the air carrier's rules, subject only to space availability. NO EXTRA CHARGE FOR LATE BOOKINGS.
• Electronic Documents -- Documents will normally be issued 12 days after final payment. Documents mailed at your request will have an additional shipping and handling charge. Documents delayed because of late payment or late booking will require payment of special shipping and handling charges.
• Prices Guarantee -- Blue Sky Tours guarantees prices upon receipt of full payment. There is no "grace period." We therefore recommend you pay in full as soon as possible to guarantee the price. Prior to our receipt of full payment prices may be increased without notice. Blue Sky Tours also reserves the right to increase prices due to errors or misprints.
• Refunds -- Application for refund must be made in writing within 30 days of scheduled return, and must be accompanied by all negotiable tour vouchers and air tickets.

Changes and Cancellations (If You Did Not Purchase a Protection Plan):

Cancellation is defined as a change to the departure date, a change in name, a reduction to the number in the party, and/or termination of the entire trip. All other changes to a reservation constitute a change. All changes are subject to availability. If air tickets have been issued, all exchange or cancel penalties imposed by the airline will apply.

Cancellation and change charges are assessed to compensate us for the costs of managing your travel arrangements and the risk we may not be able to sell this space to someone else. Any cancellation refunds you are entitled to will be automatically processed within 21 days of your cancellation. Note: Credit card refunds typically take longer and may be subject to processing fees imposed by the airlines.

Number of days prior to departure	Cancellation fees per person	Change fees per booking
No documents issued and 35 or more days	$50.00	FREE
Documents issued or less than 35 days	$50.00 plus applicable air/hotel penalties	$100.00 plus applicable air/hotel penalties
Traveling 12/15-1/6	$100.00 plus applicable air/hotel penalties	$100.00 plus applicable air/hotel penalties

No refunds for services you decline to use the day of departure or after.

A $30 fee will be imposed on credit card chargebacks, returned checks, and changes to form of payment after payment is applied.

In addition to the preceding cancellation charges, an additional charge will be assessed to cover penalties imposed by airlines on special fare ticket refunds ($100 to 100% of fare) and penalties imposed by hotels. You can avoid change and cancellation penalties by purchasing a Protection Plan..

Your Funds Are Protected:

Blue Sky Tours is a USTOA Active Member tour operator. A prime goal of USTOA is to help protect the consumer against loss arising from bankruptcy or insolvency of an Active Member tour operator. USTOA's $1 Million Consumer Protection Plan was designed to ensure the financial strength and stability of each Active Member company and demonstrates a firm commitment to protecting consumers.

The $1 Million Consumer Protection Plan requires each USTOA Active Member company to post $1 million in security in the form of a bond, letter of credit or certificate of deposit. The security, to be held by USTOA, is solely for use in reimbursing consumers for tour payments or deposits lost in the event of a USTOA Active Member bankruptcy, a USTOA Active Member insolvency, or failure of a USTOA Active Member company to refund consumer deposits or payments within 120 days following the cancellation or total non-performance of a tour(s) or vacation package(s).

Hotel Taxes and Service Fee:

Operator markets hotels under a “prepaid/merchant” model, where Operator collects the full amount from you in advance and manages the payments to the hotel on your behalf. In connection with facilitating your hotel arrangement, the amount you are charged will include taxes and service fees. This amount includes an estimate to recover the amount we pay to the hotel related to your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax, good and services tax, and/or other similar taxes. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we estimate and include in the amount charged to you. The amount charged to you also includes an amount to compensate the Operator for services as well as covering costs Operator incurs in connection with handling your reservation.

Operator is not the vendor collecting and remitting taxes to the applicable taxing authorities. Hotel suppliers, as vendors, include all applicable taxes in the amount billed to the Operator and the Operator pays over such amounts directly to the
vendors. Operator is not a co-vendor associated with the vendor with whom the Operator books or reserves customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

Important Notice:

The Mark Travel Corporation, its employees, officers, directors and shareholders (collectively, “Blue Sky Tours ”) does not own, control or operate any hotel or any air, land or water transportation vehicles or companies of any kind, including without limitation, airplanes, helicopters, boats, rental cars, ground transportation vehicles, transport companies, shuttle services, buses, or local tour companies which may offer excursions or tours. Blue Sky Tours occasionally enters into contracts with hotels and air, land or water transportation companies, but all such entities are owned and operated by independent contractors. Blue Sky Tours is not responsible for any negligent or willful act, omission or failure to act on the part of any such entity or its employees, or of any other third party beyond its direct control. The Blue Sky Tours name and logo may appear on posted or hand-held signs at your hotel, at the airport of your departure or destination, in vans, buses, coaches or elsewhere during your vacation. This use of the Blue Sky Tours name and logo is solely intended to help you identify persons or entities who might provide services to you during your trip, but does not indicate, and should not be understood by you to indicate that Blue Sky Tours owns, controls or operates any entity displaying such a sign, or that Blue Sky Tours employs or controls any person holding or displaying such a sign.