PAYMENTS, CHANGES & CANCELLATION
PAYMENTS:
Travel Advisor only accepts payments in United States
Dollars. Payments can be made via major debit and credit
cards as well as direct bank transfer (ACH). Accepted cards
are: Mastercard, Visa, Discover and American Express.
Alternate forms of payment may be accepted only with the
expressed permission of Travel Advisor. If alternate payment
forms are required, please contact Travel Advisor at
info@noireescapes.com.
DEPOSIT:
All deposits are NON-REFUNDABLE. Travel reservations are not
confirmed until a deposit is made. Your travel proposal will
reflect the amount needed to confirm your vacation. Unless
stated otherwise, prices may fluctuate between the time a
quote is rendered and when the deposit is furnished.
PAYMENT PLANS:
We are pleased to offer, for your convenience, a monthly
payment plan for your travel plans. No payment plan is
available for reservations made sixty (60) days or less from
the date of travel.
FINAL PAYMENT: Reserved travel plans must
be paid in full on or before
the final payment date. Your travel proposal will state the
date your final payment is due. Any reservations not paid in
full on or before your final payment date is subject to
cancellation, with no notice and no refund of payments made.
LATE PAYMENT:
If your travel itinerary is not paid in full by the Final
Payment Due, a late fee of $100.00 will automatically be
assessed one day after your final payment date. This fee is
non-refundable and non-negotiable.
REINSTATEMENT OF
RESERVATIONS:
If your travel reservations have been cancelled, and you
notify us within 14 calendar days of cancellation that you
want to reinstate your reservation, a service reinstatement
fee of $100.00 ($200.00 for international tours) will be
added to your invoice and must be paid in advance in order
to apply for reconfirmation of services. This is above and
beyond any fees the travel partner may impose.
There
is no guarantee that the same itinerary or use if the same
carriers and travel partners will be available after the
reservation is canceled. There may also be a price
difference charged by the carrier/travel partner. In the
case where a reservation is cancelled due to non-payment,
passenger understands that they will be responsible for the
difference in price if they choose to reinstate the
reservation. Passenger also understands that the monies paid
for the original vacation may not transfer to the reinstated
vacation.
RESERVATION CHANGES:
Changes to an existing reservation, whatever the cause, will
incur a $100.00 charge per reservation plus any additional
supplier fees. This includes name changes* and removal of
any services such as optional tours and transfers.
*Please note that
name changes to airline reservations
are subject to full cancellation and rebooking.
CANCELLATIONS:
To cancel your vacation, Travel Advisor charges a
non-refundable fee of $100.00. This fee is payable at the
time of the cancellation request and the vacation will not
be canceled until this fee is paid. Unless otherwise stated
in your travel proposal, you can cancel and receive a refund
of your vacation payments, less your non-refundable deposit
and any supplier-imposed penalties. There is no refund if
the vacation is canceled after final payment date. All
cancellations must be in writing to
info@noireescapes.com.
TRAVELING WITH A ROOMMATE:
If you are traveling with a roommate, to receive the best
prices, you and the roommate must reserve your travel
itinerary at the same time. If your roommate chooses not to
travel, the roommate will be subject to the cancellation
policies stated in these terms & conditions and in the
proposal. The traveling party may be subject to an increased
fee in the form of a single supplement or the travel package
may need to be requoted and rebooked. Please contact Travel
Agent if this occurs to determine the best course of action
based on your itinerary. Travel Agency does not offer
roommate matching service and is not responsible for any
increased costs or other monetary damages in case a roommate
chooses to no longer travel. Unless stated otherwise in the
proposal, monies deposited are not transferable.
GROUP
TRAVEL
AFFINITY GROUP:
Travel Advisor is proud to provide travel accommodations for
you and your group. As Group Leader, there will be a
separate Group Leader Agreement that will detail the group’s
rights and responsibilities. These terms and conditions are
incorporated into the Group Leader Agreement and applicable
to all passengers in the group. If any of these terms
contradict with the terms of the Group Leader Agreement or
the group travel itinerary, the terms of the Group Leader
Agreement and group travel itinerary will prevail.
SPONSORED
GROUP:
Travel Advisor sponsors group vacations. These group
vacations may include additional amenities, such as ground
transportation or meals. Additional terms may be included in
the group travel itinerary. These terms & conditions are
incorporated in the group travel itinerary. If any of these
terms contradict with the terms of the group travel
itinerary, the terms of the group travel itinerary will
prevail.
Meals:
As specified in each itinerary, meals are based on the
hotel's or restaurant's buffet or set menu. In general,
beverages are not included, unless specifically stated.
Although Travel Advisor cannot make guarantees, every effort
will be made to honor special dietary requests submitted in
writing at least 4 weeks prior to departure at
info@noireescapes.com.
Accommodations:
Travel Advisor group travel accommodations are generally
based upon double-occupancy with two-bed configuration. If
other bed configurations are required, this must be stated
at the time of reservation. Alternate bed configurations are
not guaranteed and are at the discretion of the hotel. Our
group reservations are generally at hotels that rate as 4*
or better. Alternate group hotel reservations may need to be
made for reasons outside of Travel Advisor’s control. If
this is the case, Travel Advisor will seek to find
alternative accommodations at a similarly rated hotel or
higher. There may be an increased cost to change hotel
accommodations. Travel Advisor will make our best efforts to
not have an increased cost if the hotel changes, but
passenger will be responsible for any price difference if
Travel Advisor is unable to change the hotel without
incurring an additional fee.
Luggage:
All Travel Advisor tours allow one piece of luggage per
person, plus carry-on bag. It is understood that the airline
may allow passenger to check more than one-piece of luggage.
For the sake of the group tour, we can only allow for one
piece of luggage. Additional luggage will be subject to a
handling charge of $100.00 per piece. As Travel Advisor will
not be responsible for loss or damage to luggage and
personal belongings, you MUST report any loss or damage
immediately at the time of the incident and obtain a written
report from the local authority for submission to your
insurance provider.
Ground Transportation:
Travel Advisor may include ground transportation upon
arrival and departure from the travel location. Travel
Advisor will use its best efforts to secure safe and
reliable transportation. If applicable, it is the
passenger’s responsibility to provide Travel Advisor with
information necessary to secure the ground transportation
upon arrival to/departure from the vacation location at
least four (4) weeks prior to the date of travel. If the
passenger is unable to meet the ground transportation
provider at the scheduled date/time, regardless of the
reason, passenger is responsible for any and all costs
associated with the cancellation/rescheduling of the ground
transportation. Ground transportation costs are
non-refundable.
Upgrades:
Travel Advisor may offer upgrades to the travel experience.
These upgrades may be at an additional cost to the
passenger, are not guaranteed and are subject to
availability.
Sightseeing & Itinerary:
Travel Advisor’s group vacations have been designed to
accommodate solo travelers as well as groups. Some
itineraries may have early morning start times for
sightseeing in order to complete the touring during daylight
hours or avoid afternoon heat in tropical and desert
climates. It is your responsibility to arrive on time for
all scheduled flights, cruises, and package components. You
are not required to attend the prepackaged tours. If you
choose not to attend any or all of the tours, there is no
refund, partial or otherwise for that tour. Arriving late
may be considered a "no-show", in which case you will not be
eligible for refund for the unused service(s). We cannot
guarantee the number of passengers who will be on any given
tour. You may find that you are traveling with a sizeable
group or only with your own companions. Services, however,
will remain constant no matter the number of tour
participants. Persons requiring any assistance or who have
any form of disability should refer to section "Travelers
With Disabilities".
On dates including,
but not limited to religious holidays and national
celebrations, some monuments and sites may be closed. On
these occasions, touring itineraries may be amended to
reflect these closures. Occasionally, during holidays and
certain periods, and/or due to unforeseen circumstances
including weather conditions there may be last-minute
changes, sometimes after arrival, in affecting the sequence
of the tour or locations visited. Therefore, we reserve the
right to adjust the tour sequence. In such cases there will
be no cost adjustment. National monuments and tourist sites
regularly undergo renovations, which can obscure the
monument's view. No tour will be canceled due to
renovations, however Travel Advisor will decide based on the
conditions whether to amend an itinerary. Travel Advisor
itineraries may contain suggestions for activities for your
leisure time; these suggestions do not constitute an
endorsement of any specific service provider and the
decision to participate in any such activities should be
made independently and with due consideration.
Group Harmony:
To ensure the desired group synergy, Travel Advisor reserves
the right to accept, reject or expel any individual who is
deemed disruptive or incompatible with the interests of the
group, including, but not limited to, individuals who are
intoxicated and/or under the influence of drugs, theft,
fighting, not following the rules and laws of the vacation
location, hotel/resort, etc. Expenses, including
cancellation fees and/or costs for alternate travel plans or
to return home, is the sole responsibility of the passenger
and their traveling companions. All unused services are
non-refundable.
INTERNATIONAL TRAVEL ENTRY
REQUIREMENTS
International locations have different
entry rules and requirements than traveling within the
United States. Preapproval or a visa may be required prior
to entry. It is the passenger’s responsibility to ensure
that they meet eligibility requirements and have the proper
documentation to enter another country. This information can
generally be found at the country’s consulate website.
Travel agency is not responsible if passenger is denied
entry into a country for any reason, including, but not
limited to, not possessing the proper visa or having a
criminal record.
POLICIES OF COMMON
CARRIERS
GENERAL POLICIES:
TSA regulations require that passenger information entered
into common carrier reservation systems match the
passenger’s information as listed on their passport or other
government-issued id. Passengers are responsible to provide
Travel Advisor with the correct spelling and listing of
their name as it appears on their passport (or other
government-issued I.D.), as well as date of birth, gender,
address, phone number, and email for all passengers
traveling together. Passengers are responsible for ensuring
that the identifying information listed on their invoice and
travel documents are correct. Travel Advisor will not be
responsible for passengers who incur fees or are denied
travel due to inaccurate information.
AIRLINES:
Airline schedules and flights are subject to change without
notice. Travel Advisor is not responsible for penalties
incurred for tickets, international or domestic, due to
schedule and/or flight changes or missed flights. In the
case that Travel Advisor purchases airline tickets on your
behalf, Travel Advisor will follow the policies of the
airlines, which may change at any time. Most airline tickets
require immediate and full payment of the airfare upon
booking. Any replacement air arrangements and airfare will
be the sole responsibility of the passenger.
Travel Advisor will do its best to use major
carriers for their flights. There may be times when discount
carriers are used. In the case where the airline policy
conflicts with this policy, the airline policy will prevail,
with the exception of the luggage requirement stated in the
group vacation itinerary. Travel Advisor is not responsible
for the services and policies imposed by the airlines.
Airline Seat &
Class Assignments:
The airlines bear sole responsibility and authority of
assigning seats and class of service. Travel Advisor will
put forth best efforts to select the passenger’s desired
seat in the passenger’s desired class. Travel Advisor is not
responsible for seat assignment or class changes made by the
airlines.
Airline Frequent Flier Programs:
Passenger is responsible for contacting their airline
directly regarding mileage eligibility and accrual. As a
courtesy, Travel Advisor will provide frequent flier
information to the airline. Travel Advisor is not
responsible for eligibility and administration of airline
frequent flyer programs. Not all air reservations are
eligible to accrue frequent flier miles or frequent flier
benefits. Please check with the appropriate air carrier
regarding their program rules and eligibility.
Known Traveler Programs:
Passenger is responsible for adding TSA Precheck or Global
Entry to their air reservation. If provided at time of
reservation, Travel Advisor will put forth our best efforts
to add such information to the passenger's air reservation.
It is the responsibility of the passenger to confirm that
this information is added to their reservation. Travel
Advisor does not administer either of these programs or
determine eligibility of these programs. Travel Advisor will
not be responsible if passenger is denied use of these
programs.
Airline Name Changes:
Any name change including minor spelling corrections may
require airline reservations to be canceled and rebooked.
Reservations are subject to current availability and pricing
at the time of rebooking. Once airline tickets are issued,
subsequent name corrections will be subject to an airline
rebooking fee. Travel Advisor will not be held responsible
for the denial of services by a carrier due to any name
discrepancy. Name changes must be advised in writing at
info@noireescapes.com.
Airline
Schedule Changes:
In the event of an airline schedule change, Travel Advisor
will make every effort to inform passengers of the schedule
change and new flight schedule prior to departure. Travel
Advisor is not responsible for schedule changes including,
when applicable, changes in routing and/or the number of
stops in the itinerary. Travel Advisor is unable to provide
compensation for schedule changes, seat assignment
modifications, or cancellations implemented by an airline.
In the event of any change in flight itinerary made directly
between passengers and their airline, it is the passengers'
responsibility to advise Travel Advisor of amended flight
details in writing at info@noireescapes.com. Travel Advisor
is not responsible for land services, including arrival
and/or departure transfers, if flights are changed without
its knowledge.
Luggage (Airlines):
Each airline has different rules regarding checked and
carry-on luggage, including size, weight and charges for
said luggage. It is the passenger’s responsibility to know
and abide by the airline’s luggage rules and regulations.
Travel Advisor is not responsible for any luggage fees or
lost or damaged luggage.
CRUISES:
Cruise itineraries, cruise cabins and ships are subject to
change without notice. Travel Advisor takes no
responsibility for ship substitutions, cabin changes or
itinerary changes imposed by a cruise line and is not
responsible for any losses you may incur including the
issuance and/or cancellation of airline tickets or visa
fees.
RAIL:
Once full payment is received, rail tickets will be issued
and are subject to the refund and cancellation policies of
the rail carrier. Once issued, rail tickets are valid for
the dates and times specified. Changes and exchanges may be
subject to local charges, fees, and fare increases. Travel
Advisor does not control seat assignments which are entirely
at the discretion of the rail companies.
HOTEL ACCOMMODATIONS:
All rooms requested will be based upon passenger
specifications at the time the travel itinerary is
confirmed. Please understand although we will make a bed
type request on your behalf, bed types are subject to
availability. Room selection in all cases is strictly at the
discretion of the hotel's management on a run-of-house
basis. Hotel check-in and check-out times will be listed on
the final travel itinerary. It is passenger’s responsibility
to confirm hotel check-in/check-out times. All hotel rates
are based on Travel Advisor's agreements with its suppliers
and are not negotiable.
HOTEL/RESORT/CRUISE DEPOSIT:
Some hotels/resorts/cruises may require a security deposit
to pay for any damage caused to the accommodations or to
cover incidental charges (room service, parking, etc.) The
amount of the deposit is determined by the
hotel/resort/cruise. It is advised that you use a major
credit card for your security deposit. Using your debit card
will take that money from your bank account and it will not
be refunded until the conclusion of your stay. The
processing time for the refund is determined by your banking
institution.
GROUND TRANSPORTATION:
Passengers may request ground transportation be included
with their travel package for an additional cost. Transfers
can be provided either via a car, minibus, or motor coach,
depending on the number of passengers traveling and by
passenger request. Ground transportation generally waits up
to one (1) hour after plane arrival or departure from
accommodations. This is a general rule and it is passenger’s
responsibility to review their travel documents to confirm
the rules of the transportation company. If passenger does
not meet the ground transportation within the timeframe, the
transportation may be cancelled with no refund. Transfer
costs are non-refundable and any additional expenses will be
passenger’s responsibility.
HEALTH &
SAFETY
MEDICAL SERVICES:
There may be times where passengers may need medical
attention. Should medical attention be required, local
services will be contacted. Resulting charges will be the
responsibility of the passenger. Travel Advisor are not
responsible for the services provided. It is highly
recommended that the passenger secure travel insurance in
case there is an unforeseen need for medical attention.
HEALTH
REQUIREMENTS: Check with your healthcare provider for up-to-date
requirements and if you are fit to travel. You may also
check the Centers for Disease Control (www.cdc.gov) and/or
the World Health Organization (http://www.who.int/en/) for
their recommendations. Required inoculations, if any, must
be recorded by clients' health practitioner on a valid
vaccination certificate which the client must carry for
proof of inoculation where required. Individuals with heart
disease, chronic illness, physical handicap, advanced
pregnancy, or mental illness should not participate in these
rigorous travel programs. Any person who arrives to the
destination ill with apparent fever or becomes ill during
the tour, will be removed from the group and directed to a
local medical facility for diagnosis. Only upon clearance by
an accredited medical facility will that individual be
allowed to resume group travel. All costs associated with
medical treatment and related expenses such as additional
hotel nights or transportation not included in the original
itinerary, will necessarily be borne by the passenger.
Please note that some countries may require aircraft cabin
insecticide treatment for in-bound foreign flights. A list
of such countries is available at:
https://www.transportation.gov/airconsumer/spray.
TRAVELERS WITH
DISABILITIES
We at Travel Advisor want all of our clients to
enjoy their travel itinerary and excursions. We also
understand that not everyone may have the same capabilities
as others. If you or anyone in your party requires any form
of assistance, including but not limited to, physical
assistance, sight or hearing impairments, you are required
to notify Travel Advisor prior to reserving travel. We will
review with you the itinerary and physical requirements of
the vacation to ensure we can work with your disabilities.
If it is decided that the tour/vacation works for you and
additional services are needed, you must be accompanied by
an individual responsible for providing those services. Tour
managers, guides, drivers or other tour, hotel, ship
personnel are not able to provide such assistance. In order
to participate in escorted tours, passengers must be able to
understand and follow instructions given by the Tour
Director at all times, both for the successful operation of
the tour as well as for everyone’s safety. The travel
itinerary is subject to change prior to or during the
vacation for various reasons outside of Travel Advisor’s
control. If this occurs, the vacation may not be best suited
for you. You agree and hold Travel Advisor harmless if this
occurs and you are unable to fully participate in the
tours/vacation. No refunds, partial or otherwise, will be
provided in the case of an unscheduled itinerary change.
Travel
Advisor reserves the right to reject participation or remove
any individual from a tour/vacation if notification of any
disabilities was not previously provided and/or when, in our
sole judgment, continued participation would significantly
hinder the services to be provided to all guests. Expenses,
including cancellation fees and/or costs for alternate
travel plans or to return home, will be the sole
responsibility of the passenger. Escorted tours are
fast-paced, often requiring lengthy walks over uneven
terrain. Some activities may have weight limits. In the
interests of group harmony, clients should be able to
maintain the pace of the tour. Clients with special needs
may be better served independently. Travel Advisor can
suggest touring options based upon specific requirements.
WHEELCHAIRS
& WALKERS:
Travel within the US:
Pursuant to the Americans with Disabilities Act (the ADA),
Travel Advisor will use our best efforts to accommodate
travelers with disabilities to the extent possible and
consistent with the specific tour itinerary. Nevertheless,
you may find that a certain tour features may not be
accessible to the extent that a wheelchair, scooter, or
other special equipment to participate are required. We
cannot provide individual assistance to travelers with
wheelchairs or other mobility devices. We regret that some
itineraries cannot accommodate wheelchairs or motorized
scooters. Travel Advisor will endeavor to accommodate
special access needs, but does not guarantee that it will be
able to do so in all cases.
International Travel:
Hotels, sea and river cruises outside of the United States
are not required to comply with ADA requirements and
therefore may not have ramps, wide entryways or elevators to
accommodate disabled passengers or devices such as
wheelchairs, walkers or motorized scooters. Due to physical
constraints and space limitations, wheelchairs, walkers and
motorized scooters may not be taken aboard motor coaches and
river cruises. Travel Advisor will endeavor to accommodate
special access needs, but does not guarantee that it will be
able to do so in all cases.
SERVICE ANIMALS:
Passengers on USA escorted tours who require a service
animal because of a disability must contact Travel Advisor
prior to booking a tour. Passenger is responsible for
knowing and abiding by the travel policies of the carriers
and hotels/resorts. Service animals cannot be accommodated
at international locations.
CHARGEBACKS
We at
Travel Agency understand that travel may
not go as planned. If there is any refund owed, Travel
Agency will put forth our best efforts to provide that
refund to the passenger. Travel Agency works with third
parties and there may be a delay in obtaining refunds from
that third party to then provide passenger with the refund.
This process may take a while. We ask for patience in this
process and that you do not request a chargeback with your
credit card company. Going through this process will cause a
delay in the refund process.
If you decide to
request a chargeback from your credit card company, Travel
Agency must charge a $100.00 fee to cover the time and
effort to provide information to your credit card company.
This will be charged regardless if the chargeback is
successful.
RELEASE FROM LIABILITY
Travel Advisor, its shareholders, directors,
officers, employees and affiliates, (collectively "Travel
Advisor") does not own or operate any entity which is to or
does provide goods or services for your trip including, for
example, ownership or control over hotels or other lodging
facilities, airline, vessel, bus, van or other
transportation companies, local ground operators, providers
or organizers of optional excursions or equipment used
thereon, food service or entertainment providers, etc. All
such persons and entities are independent contractors. As a
result, Travel Advisor is not liable for any negligent or
willful act or failure to act of any such person or entity,
or of any other third party.
Without limitation,
Travel Advisor is not responsible for any injury, loss, or
damage to person or property, death, delay or inconvenience
in connection with the provision of any goods or services
occasioned by or resulting from, but not limited to, acts of
God, acts of government, items listed in the force majeure
clause, acts of war or civil unrest, insurrection or revolt,
strikes or other labor activities, criminal or terrorist
activities of any kind, or the threat thereof, overbooking
or downgrading of accommodations, structural or other
defective conditions in hotels or other lodging facilities,
mechanical or other failure of airplanes or other means of
transportation or for any failure of any transportation
mechanism to arrive or depart timely or safely, dangers
associated with or bites from animals, pests or insects,
marine life or vegetation of any sort, dangers incident to
recreational activities such as swimming, kayaking, sailing,
canoeing, rafting, hiking, walking, bicycling, etc.,
sanitation problems, food poisoning, lack of access to or
quality of medical care, difficulty in evacuation in case of
a medical or other emergency, illness, epidemics or the
threat thereof or for any other cause beyond the direct
control of Travel Advisor. In addition, I release Travel
Advisor from its own negligence and assume all risk
thereof.
FORCE MAJEURE
There may be times when
either party are unable
to perform, or complete performance, under the travel
contract for reasons out of each other’s control. These are
called force majeure events and if occurs, make performing
under the contract inadvisable, commercially impracticable,
illegal, or impossible. Events that may trigger this
provision include, but are not limited to, acts of God, acts
of government, acts of war or civil unrest, insurrection or
revolts, military action, strikes of other labor activities,
criminal or terrorist activities of any kind, or the threat
thereof, pandemics, epidemics, illnesses or health
conditions prevalent in the area of travel, earthquakes,
hurricanes, lightning and explosions, unexpected
legislation, or any other event outside the reasonable
control of either party.
In the event that a
force majeure event occurs, the parties will look to and
follow the cancellation policies of the suppliers and what
is stated in the travel proposal and these terms &
conditions. Any changes to those policies are at the sole
discretion of the supplier (if applicable) and Travel
Advisor. Passenger will be informed of their options if a
force majeure event occurs.
TRAVEL &
COVID-19
In Spring 2020, the World Health Organization
(WHO) declared the Novel Coronavirus (COVID-19) a worldwide
pandemic. The Center for Disease Control (CDC) issued
several preventative measures to combat the virus, such as
frequent hand washing, wearing a mask or face covering and
keeping at least 6 feet away from others. If contracted,
this virus has the ability to cause the traveler serious and
severe illness. For more information on the COVID-19 virus,
please visit the CDC webpage at www.cdc.gov.
By
purchasing a travel through Travel Agency, you understand
that COVID-19 is a highly contagious virus that can be
spread via person to person contact. Travel agency will take
reasonable efforts to provide me with the best available
information regarding the pandemic-protective policies and
practices of the vendors and suppliers in my travel
itinerary.
As a traveler, you understand that
travel agency’s supplier(s) may have policies in place to
help prevent the spread of COVID-19. Travel agency is not
the drafter or holder of those policies and these policies
can change at any time. The supplier(s) may not apply those
policies as diligently as the policies suggest and even if
the supplier makes a good faith effort to enforce its good
practices, some travelers may simply refuse to cooperate.
Each
state/country institutes their own pandemic-protective
policies and regulations. As a traveler, you further
understand that you are responsible for knowing,
understanding and abiding by the pandemic-protective
policies and procedures regarding COVID-19 of all
state(s)/country(ies) listed in your travel itinerary,
including any policy updates. You may be denied entry into
the country for reasons within or outside of anyone’s
control. By traveling, you can be subject to voluntary or
involuntary quarantine either at home or in the traveled
location(s). You are responsible for knowing, understanding
and abiding by the pandemic-protective policies and
procedures regarding COVID-19 of all vendors used in your
travel itinerary, including any policy updates.
With full awareness and appreciation of the
risks involved, you, for yourself, and on behalf of my
traveling companions, including, but not limited to, my
family, spouse, estate, heirs, executors, administrators,
assigns, and personal representatives, assume all risks of
travel and hereby forever hold harmless, waive, discharge,
and release travel agency its officers, agents, independent
contractors, affiliates, employees, successors, and assigns
(collectively the “Released Parties”) from any and all
liability, claims, demands, actions, and causes of action,
directly or indirectly arising out of or related to any
loss, damage, or injury, including death, that may be
sustained by me related to COVID-19 whether caused by the
negligence of the Released Parties or any third-party vendor
or supplier partnering with travel agency. You agree to
indemnify, defend, and hold harmless the Released Parties
from and against any and all costs, expenses, damages,
claims, lawsuits, judgments, losses, and/or liabilities
(including attorney fees) arising either directly or
indirectly from or related to any and all claims made by or
against any of the Released Parties due to bodily injury or
harm, death, loss of use, monetary loss, or any other injury
from or related to my use of travel agency services, or the
services of travel agency’s suppliers or vendors,
specifically related to COVID-19.
TRAVEL
INSURANCE:
Working with Travel Advisor to purchase your
vacation is an investment. Protect your investment by
securing travel insurance. Travel insurance can assist with
reimbursing you for the cost of your vacation due to events
out of your control, such as illness or death of you or a
close family member. It can also assist if you become ill
while traveling. Travel Advisor is not responsible for any
costs associated with the risks of traveling or having to
cancel your vacation for reasons outside of your control.
Travel insurance is not a requirement but is HIGHLY
RECOMMENDED.
ASSUMPTION OF RISK:
Passenger is aware
that the travel itinerary
may involve hazardous activities, with a risk of illness,
injury or death which may be caused by forces of nature,
animals, insects or flora, the negligence of Travel Advisor,
or other persons and companies known or unknown, or of
willful or criminal conduct of third parties. Passenger is
aware that weather conditions may not be desirable, severe,
adverse and/or unpleasant. Passenger is also aware that
medical services or facilities may not be readily available
or accessible during some or all of the time during which I
am participating on the vacation.
In order to
partake of the enjoyment and excitement of this vacation,
passenger affirms that I am willing to accept the risks and
uncertainty involved as being an integral part of my
vacation. Passenger hereby accepts and assumes full
responsibility for any and all risks of illness, injury or
death and of the negligence of Travel Advisor and agree to
hold harmless and release Travel Advisor from claims of
third-party negligence. Passenger understands the physical
requirements of the activity(ies) in which I will be
participating, and I currently have no known physical,
medical or mental condition which would impair my ability to
participate in this vacation and I am willing to assume all
risks that may be created, directly or indirectly, by any
such condition. Passenger hereby authorizes Travel Advisor
or my local ground handler or others to arrange for any
emergency medical treatment and hospitalization as may be
necessary for me because of participation in this activity
without my further consent.
BINDING
ARBITRATION:
Passenger agrees that any dispute concerning,
relating or referring to this Agreement, the brochure or any
other literature concerning my trip, or the trip itself,
shall be resolved exclusively by binding arbitration
pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16,
either according to the then existing Commercial Rules of
the American Arbitration Association (AAA) or pursuant to
the Comprehensive Arbitration Rules & Procedures of the
Judicial Arbitration and Mediation Services, Inc. (JAMS).
Such proceedings will be governed by substantive (but not
procedural) Maryland law and will take place in
Randallstown, MD.
The arbitrator and not any
federal, state, or local court or agency shall have
exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability,
conscionability, or formation of this contract, including
but not limited to any claim that all or any part of this
contract is void or voidable. Please understand that by
agreeing to these terms and conditions, you (and we) are
waiving our right to a trial by jury. Any recovery by you
will be limited to actual damages. You agree that punitive
and consequential damages, as well as attorney’s fees are
not recoverable.
MODIFICATION & WAIVER
No
modification of or amendment to this
Agreement, nor any waiver of any rights under this
Agreement, will be effective unless in a writing signed by
the Parties. No failure of Company to exercise any power
reserved to it under this Agreement, or to insist upon
strict compliance by the Contractor with any obligation or
condition under this Agreement, and no custom or practice of
the parties in variance with the terms of this Agreement,
shall constitute a waiver of Company’s right to demand exact
compliance with the terms of this Agreement.
VOLUNTARY PARTICIPATION:
Passenger acknowledges
that I have voluntarily
chosen to participate on the vacation illustrated in the
travel proposal and that I have read the description of the
vacation, together with all information contained on the
itinerary. I am voluntarily participating in this vacation
with knowledge of the hazards involved.
PHOTOGRAPHIC
RELEASE:
Travel Advisor may take photographs or video
that are posted on Travel Advisor’s website and social media
pages. By virtue of attending an Travel Advisor sponsored
vacation, you are granting Travel Advisor permission to post
your photo and likeness in any and all promotional and
commercial materials and on the Internet without payment of
any compensation to you. If you do not wish to be included
in Travel Advisor’s photos or videos, please advise Travel
Advisor at least four (4) weeks prior to attending the
vacation.
In the case where you share photos with
the Travel Advisor’s page on social media or otherwise, you
grant Travel Advisor permission to reproduce, use and share
these photos on social media, on Travel Advisor’s website,
or in other promotional materials.
EMAIL
OPT-IN
As a customer of the travel agency, you may, from
time to time, receive promotional emails. You agree that by
virtue of being a customer, that your name and email
address, as well as the names and email addresses of your
traveling companions 18 or over, are added to the agency’s
email distribution list. You may unsubscribe from the list
at any time.
ENTIRE AGREEMENT
This Agreement
constitutes the entire agreement
and understanding between the Parties with respect to the
subject matter herein and supersedes all prior written and
oral agreements, discussions, or representations between the
Parties. Consultant represents and warrants that it is not
relying on any statement or representation not contained in
this Agreement. To the extent any terms set forth in any
exhibit or schedule conflict with the terms set forth in
this Agreement, the terms of this Agreement shall control
unless otherwise expressly agreed by the Parties in such
exhibit or schedule.
SEVERABILITY
If a court or
other body of competent
jurisdiction finds, or the Parties mutually believe, any
provision of this Agreement, or portion thereof, to be
invalid or unenforceable, such provision will be enforced to
the maximum extent permissible so as to effect the intent of
the Parties, and the remainder of this Agreement will
continue in full force and effect.
KNOWING AND VOLUNTARY
EXECUTION:
Passenger agrees that I have carefully read
these Terms and Conditions and the vacation itinerary, and
fully understand its contents, including cancellation
policies and penalties. I am aware that this is a release of
liability and a contract between myself and Travel Advisor
and agree of my own free will. By submitting a deposit, I
agree to these Terms & Conditions and Travel Advisor's
Release from Liability, Assumption of Risk and Binding
Arbitration Clause for myself, each member of my traveling
party and any minor children accompanying me.