BMI Tours Terms & Conditions
Thank you for traveling with Blue Morpho International d/b/a “BMI”. These Terms & Conditions (“Terms”) apply to all travel services you book with us and establish a contractual relationship between you and BMI. By booking with us, you acknowledge that you have read and understood these Terms and expressly accept and agree to be bound by them.
These Terms include standard travel industry requirements as well as rules and guidelines we have created in order to create a setting that promotes a positive and safe experience.
It’s important to note that all of our rules come from our practical experience in optimizing a guest’s journey during the tour as a whole. We expect you to follow them without exception. It is important for you to read these rules and guidelines carefully and to recognize whether or not you are prepared to follow them. It would be wiser to realize that you cannot or will not obey them and then choose not to come on a trip, than it would be to ignore them, subsequently break them, and possibly do damage to your experience or to that of another. Should these rules be broken, we will not hesitate to expel any guest at our discretion without refund of any money you have previously remitted. BMI reserves the right to deny participation in the tour to any traveler the company, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the tour activities, or whose actions or deportment it judges unsuitable for group travel.
Applying for & Booking a Tour:
Before booking, each guest must submit an application to apply for one of our tours. A booking is accepted and becomes definite only after your application is approved and you pay a deposit. It is at this point that a contract between BMI and you comes into existence. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease prices. We reserve the right to decline any booking at our discretion. All online reservations shall be deemed as booked in The Republic of Panama, and shall be subject to Panamanian law and jurisdiction.
Deposits & Payment in Full:
We require a payment of at least 50% of the tour price to reserve a spot. Payment of the balance of the tour price is due 90 days before the departure date of the first service booked.
If full payment is not received by the due date, than a tour space cannot be guaranteed. If a booking is made 90 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed we reserve the right to treat your booking as cancelled.
Guest Cancelation Policy:
Payments are refundable if you give us at least 90 days notice in writing that you will not attend the trip you signed up for. However, there is a $150 administrative fee to cover bank transaction fees. Alternatively, if you cannot attend your trip, you may transfer your payment to a different trip. If less than 90 days notice is given, you may still cancel or postpone your trip but we may, at our discretion, keep the entire payment or a portion of it to cover administrative costs, bank transaction fees, and/or losses to incorporated in not being able to fill the space with such short notice.
Cancellation of a Tour by BMI:
We reserve the right to cancel any trip for any reason, but will not cancel a tour less than 90 days before departure except for Force Majeure, unusual or unforeseen circumstances outside of our control. When a tour is cancelled by us before the agreed date of departure for any reason other than the fault of the guest, the guest can either: (1) take a substitute tour of equivalent or superior quality if we are able and willing to offer such a substitute; or (2) take a substitute tour of lower quality if we are able and willing to offer one and to recover from us the difference in price between the price of the tour originally purchased and that of the substitute tour; or (3) have a full refund of all monies paid under the contract as soon as possible. We are not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
We reserve the right to replace or substitute guides and accommodations identified in the tour materials, modify the order in which places are to be visited, and may make other changes in the itinerary where deemed advisable for the comfort, safety and well-being of the travelers.
Health Screening & Full Disclosure:
Because some of our tours involve strenuous activity, high altitudes, rough terrain, enclosed spaces and other physical and psychologically challenging environments, we reserve the right to carefully screen each guest for their safety prior to attending a tour. This screening is part of the application submitted prior to booking a tour. You hereby agree that all information you provide in the application is correct and current and that you have disclosed all physical and psychological conditions as well as medications (prescription and over-the-counter) that you are taking.
In some cases, you will be contacted personally by one of our staff to ensure that you are prepared for the experience. We are not required to provide any special facilities unless we have agreed to do so in writing. We will do our best to meet special requests including dietary, but such requests do not form part of the Terms and therefore we are not liable for not providing these requests.
We are not Medical Doctors:
BMI is not a medical facility and its owners, staff, employees and agents are not licensed medical doctors, psychologists, or psychiatrists. We do not practice medicine, diagnose, cure, or treat disease or illnesses. Instead, we function as spiritual guides and teachers and offer ceremony for the purpose of spiritual communion. Persons with psychological or physical illness that require a medical doctor, psychologist or psychotherapist should contact licensed practitioners and seek out medical diagnosis and monitoring. Nothing said by BMI should be construed as medical advice, diagnosis or treatment and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
In the case of a medical emergency during the tour, a BMI representative will accompany you to the initial medical facility for treatment. Medical facilities vary from country to country and we make no representations and give no warranties in relation to the standard of such treatment. BMI will not reimburse any portion of the retreat cost should the guest be forced to lose days from the tour. BMI will not be responsible for any of your medical costs. Travel insurance is mandatory please see section below.
Each guest must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and are solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by us regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to you, and we are not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
It is mandatory that all guests obtain travel insurance while traveling with us. The insurance must cover personal injury and emergency medical expenses. You must be able to provide proof of insurance purchase if requested by us. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You acknowledge that the cost of the tour does not include insurance, and that you are required to obtain separate coverage at an additional cost.
We shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by us, or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. We cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by us such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
Consumption of street drugs is not allowed at any time.
Excessive consumption of alcohol is not permitted at any time.
Due to religious and moral requirements in some countries there are rules of decorum that will be mandatory to follow. In tours where we visit such places BMI will do its best to disclose these rules accordingly for your safety and smooth continuity of the tour. You accept full responsibility for any actions pertaining to local laws, and are solely responsible for any adverse consequences resulting from your actions and/or words. Any information or advice given by us regarding moral codes and laws of the country is purely advisory, provided as a courtesy to you, and we are not responsible for any errors or omissions as to the information provided by third parties.
At the end of the tour, you will receive a list of email addresses of all guests who have consented to share their information. Under no circumstances may you share guests’ email addresses with people who were not present on the tour without first obtaining the guest’s permission. Guest email addresses are confidential and you may not invade others’ privacy by sharing them without permission.
Photography, Filming & Sound Recordings:
Any guest wishing to record the image or voice of another must ask that person’s express permission before doing so. You agree that during the tour BMI may take images, photos or videos of you. You agree that we may reproduce these images and you grant us perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion and publicity purposes.
Activities & Exercise:
Some of our tours include hiking and visiting archeological ruins. On these tours, there may be steep inclines, uneven paths and other hazards typically associated with hiking in the mountains. There may be inclement weather and possibility of sunstroke and/or frostbite. Other tours take place in the Amazon jungle and guests may encounter dangerous insects, animals, plants, water hazards and harsh weather. You are responsible for following the Tour Leader’s guidance as well as staying properly hydrated and clothed for the conditions. BMI neither consents to nor will it supervise any activities we deem dangerous. BMI is not responsible for any injuries that may occur on activities such as hiking and visiting archeological ruins that you may take part in during the tour or during your free time.
You are responsible for consulting with a physician prior to participating in such events. If you do participate, you represent and warrant that you are physically fit and have no medical conditions that would prevent your full participation in such activities. You also represent and warrant that you are fully aware of all risks and hazards connected with such activities, including but not limited to the risks as noted herein, and you hereby elect to voluntarily participate in said activities and engage in such activities knowing that the activity may be hazardous.
There may be opportunities to undertake in optional activities, which do not form part of the itinerary. BMI makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. BMI is in no way responsible for your safety should you elect to enter into such optional activities. You assume full responsibility for all risks involved.
Some of our tours take place in high altitudes. You are responsible for consulting with a physician to ascertain whether you are physically fit enough to participate on these tours. If you participate on the tour, you represent and warrant that you are physically fit enough for the tour. BMI is not responsible for any high altitude symptoms you may develop. You are responsible for drinking plenty of water and following your physician’s instructions on how to mitigate the affects of high altitude.
You acknowledge that you will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in your daily life. By booking travel with us, you acknowledge that you have considered the potential risks, dangers and challenges, and you expressly assume the risks attendant to such travel conditions. You are solely responsible for acquainting yourself with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with your local embassy or consulate in each destination.
Authority on Tour:
At all times the decision of our Tour Leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with us, you agree to abide by the authority of the tour leader or representative.
Changes to Itinerary:
It is your responsibility to meet the group at scheduled times as stated in the itinerary. You will be responsible for meeting up with the group if you arrive late and the group leaves without you. While we will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by us. If we make a major change we will inform you as soon as reasonably possible. You understand and acknowledge the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by us. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be your responsibility. BMI is not responsible for any losses that may occur as a result of itinerary changes and will not refund any part of the tour cost should changes be made.
Factors Outside our Control:
We shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for our failure to commence, perform and/ or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of us the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or the supplier of services, even with all due care, could not foresee.
You must at all times strictly comply with the laws, customs, foreign exchange and regulations of all countries visited. We do not consent to the removal or extraction of any flora or fauna from the locations we visit. Such a removal is subject to the jurisdiction of local authorities and will not be considered as part of one’s trip with BMI. Should you fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tour Leader, your behavior is causing or is likely to cause danger, distress or annoyance to others, we may terminate your travel arrangements without any liability on our part and you will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
Voluntary Cessation of a Tour:
Should any guest decide to leave a tour prematurely, for any reason, BMI will not reimburse any portion of the tour cost.
Guests will respect the staff, group and individuals, on the tour, at all times. Overt negativity or disruptive negativity directed to BMI staff and/or the group or individuals detracts from the experience of others. BMI reserves the right to expel without refund any guest who breaks any of these Terms.
Voluntary Assumption of Risk:
You fully recognize that this tour involves risks and hazards. This risks and hazards may include, but are not limited to: steep inclines, uneven paths, water hazards, dangerous animals, plants and/or insects and other hazards; affects of high altitude; and risks associated with using sacred plants such as feeling intense emotions, experiencing mental churning and confusion; causation or aggravation of a physical injury or medical condition.
You acknowledge that the nature of the tour is adventurous and may involve a significant amount of personal risk. You understand that you are traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard you are used to at home or would find on conventional holiday.
You hereby elect to voluntarily participate in said activity, take part in the tour, enter the tour premises and engage in such activity knowing that the activity may be hazardous to my property and me.
You hereby voluntarily assume all such risk and take full responsibility for, including all effects and side affects of using sacred plants, and do hereby release BMI from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks, whether caused by negligence of BMI or otherwise.
Disclaimers of Warranties:
I expressly understand and agree that my participating in the tour is at my own risk. BMI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, and any warranties implied by any course of performance or usage of trade.
I expressly understand and agree that BMI does not warrant or make any representations or guarantees regarding the results of the tour. I expressly understand and agree that BMI does not warrant or make any representations regarding the effects of the use of sacred plant medicines. Further, I understand that no advice or information, obtained by me during the tour shall create any warranty not expressly provided for in these Terms.
Hotels, shuttle services or other elements of a trip will be arranged by us with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. We will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into this Agreement. These may limit or exclude liability of the supplier. Our liability will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. All carriers and we are not liable for independent contractors.
Limitation of Liability:
BMI is not responsible for any improper or non-performance of any services forming part of these Terms which are wholly attributable to the fault of the guest, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under these Terms; unusual and unforeseeable circumstances beyond the control of BMI and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which BMI and/or the relevant supplier could not even with all due care have foreseen or forestalled.
You acknowledge and agree that BMI has no control over, is not responsible for and has no duty regarding: 1) what effect the tour may have on you; 2) your personal decision to use sacred plants should you make that decision; 3) how you may interpret or use information you acquire during the tour; 4) any injuries or losses that may occur during tour; or 5) what actions you may take as a result of having participated on the tour or consumed sacred plants. You release BMI, its officers, directors, agents, representatives, employees and affiliates of all liability for me having participated on the tour. You release BMI, its officers, directors, agents, representatives, employees and affiliates of all liability for your use of sacred plants should you make that decision.
You expressly understand and agree that, to the maximum extent allowed by law, BMI its agents, contractors, affiliates, representatives, employees, affiliates and partners shall not be liable to you, under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: 1) you participating in the tour; 2) use or misuse of any substance; 3) your violation of these Terms; 4) breach of any of representations and warranties in these Terms by you; 5) any effects sacred plants may have on you or actions you may take as a result of participating in the tour; and 6) any other matter in relation to the tour or these Terms.
I expressly agree that in no event shall the collective liability of BMI and their agents, contractors, affiliates, employees and representatives for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the price for which you paid for the tour.
I expressly understand and agree that under no circumstances will BMI its agents, contractors, affiliates, representatives, employees and partners be responsible for any loss or damage, including personal injury or death, resulting from my participating in tour. I voluntarily assume full responsibility for any risk of loss, property damage or personal injury, including death, that may be sustained by me or any loss or damage to property owned by me, as a result of participating on tour.
You expressly agree to indemnify, hold harmless and, at his option, defend BMI, its agents, contractors, affiliates, representatives, partners, and each of their employees, contractors, directors, suppliers and representatives, from and against any and all liability, loss, injuries claims, demand, damages, costs and/or expenses (including, but not limited to, reasonable attorneys fees and expenses) arising from: 1) your participating on tour and activities; 2) use or misuse of any substance; 3) my violation of these Terms; 4) breach of any of representations and warranties in these terms made by you; 5) any effects the tour may have on you or actions you may take as a result of participating on tour; and 6) any other matter in relation to the tour or these Terms.
BMI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BMI in asserting any available defenses at your sole expense. You also waive and hold harmless BMI from any claims resulting from any action taken by BMI during or as a result of investigations into the breach of these Terms.
You and/or your estate hereby indemnifies BMI, its agents, affiliates, representatives, officers, directors, and employees against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission of BMI and its directors, officers, employees, agents, representatives, contractors, consultants and agents.
Governing Law and Choice of Forum:
These Terms shall be governed by and construed in accordance with the laws of the Seychelles, excluding its conflicts of law rules. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action arising out of or related to these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms together with any other documents incorporated by reference are the entire agreement between you and BMI relating to the tour and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BMI with respect to the tour. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms are personal to you and are not assignable, transferable or sub-licensable by you. BMI may assign, transfer or delegate any of its rights and obligations under these Terms without consent. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or any provision of these Terms, nor in any affect the interpretation of these Terms.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
You acknowledge that you have carefully read and understood all pages of these Terms and agree to all clauses contained herein.