TERMS & CONDITIONS
The WanderLuxe Boutique is excited to help you with your travel experience. We at The WanderLuxe Boutique strive to bring you the best travel experiences. Before making a reservation or purchasing one of our travel packages, please review these Terms and Conditions thoroughly. By submitting a deposit or payment and/or signing this document, you are agreeing to and are bound by the terms and conditions presented in this document.
The following Terms & Conditions (the “Agreement”) describe what you can expect from The WanderLuxe Boutique. The terms “we”, “us”, and “our” refer to The WanderLuxe Boutique, and the term “you”, “they”, “their”, “client”, “passenger”, or “guest” refers to you, the traveler, and all people in your traveling party.
TRAVELER/PASSENGER AGREEMENT The WanderLuxe Boutique will work with you to provide a travel experience. The WanderLuxe Boutique does not provide travel services. We partner with tour operators, transportation service providers, and accommodation service providers, including, but not limited to, airlines, coach buses, rail services, cruise line operators, hotels, and resorts, to create the ultimate travel experience for you. As the passenger, you understand that The WanderLuxe Boutique acts as an intermediary between you, the passenger, and the suppliers.
The WanderLuxe Boutique does not own, operate, manage, or control any of the independent suppliers of service and is not liable for their acts or omissions.
The WanderLuxe Boutiques' obligations to you are to make travel arrangements on your behalf and to arrange relevant contracts between you and the travel service providers. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standard. Requests cannot be guaranteed.
All bookings are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that your legal recourse is against the specific provider, not The WanderLuxe Boutique. As a result, The WanderLuxe Boutique 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.
PAYMENTS, REFUNDS, AND RESERVATION CHANGES
PAYMENT TYPES We accept all major credit cards and debit cards. We also accept payments over the phone, during business hours. Clients who choose to make payments via phone are required to complete a credit card authorization form and send a copy of a non-expired state identification card.
DEPOSITS A deposit is due at the time of reservation. No rooms or flights are held until the deposit is received. All deposits are nonrefundable and nontransferable. This is because we have contractual agreements with airlines, hotels, and other vendors that will not allow us to obtain refunds. Deposits are due within two days of receiving a quote or placing a “hold” on a reservation. All quoted prices are subject to change until the deposit is paid.
PAYMENT PLANS The WanderLuxe Boutique is happy to offer monthly payment plans for your convenience. Payments can be made by calling our office at 347.842.0529 during normal business hours or automatically online. If you opted for a payment plan and would like to complete your payment early, please call the office during normal business hours. Payment can also be made in full at the time of booking if the tour still has available space.
FINAL PAYMENT All reservations must be paid in full on or before the final due date. Any reservation not paid in full on or before the final due date is subject to cancellation, with no notice and no refund will be made.
LATE PAYMENTS Payments are considered late at 5 P.M. the day after the due date. Payments not received by this time will incur a late payment fee of $75.00 per occurrence. Late fees will be added to your invoice or invoiced separately and are due when the missed payment is paid. Three late payments will result in the cancellation of your reservation.
RESERVATION CHANGES Minor changes to existing reservations will incur a $50 per person charge plus any additional supplier charges, including name changes, removal and or addition of services, optional tours, and transfers, etc.
Major changes to existing reservations, such as a change of destination after a trip has been booked, change of flight schedule, airline, etc., are considered a new reservation and require changes to the existing reservation(s), which will incur any applicable suppliers change fees plus a $350 Modification Fee for individual reservations and $1000 for groups of 10-20. For groups of 20 or more, the fee will be determined at the time of requested modification. The Modification Fee for groups larger than 20 is based on group size and destination and will be reflected on the group's booking page. The Modification Fee for groups will be equally divided among the passengers.
RESERVATION REINSTATEMENT If your travel reservations have been cancelled, and you would like to reinstate your reservation, you must contact us within 14 calendar days. A reinstatement fee of $250 will be added to your invoice and must be paid prior to reinstatement of your reservation.
REFUNDS All payments to The WanderLuxe Boutique are non-refundable and non-transferable. This is because The WanderLuxe Boutique has contractual agreements with airlines, hotels, and other vendors that will not allow us to obtain any refunds. This way, we can keep our package prices competitive and allow you the convenience of making monthly payments toward your vacation.
LAST MINUTE RESERVATIONS There are times when last-minute vacations are requested; if services are confirmed, final payment is due within 24 hours, and all applicable cancellation penalties will apply. Last-minute reservations must be made no later than 60 days prior to departure and will incur a $250 Expedited Fee.
SCHEDULE CHANGES In the event of an airline schedule change, WanderLuxe Boutique will make every effort to inform passengers of the schedule change and new flight schedule prior to departure. The WanderLuxe Boutique is not responsible for schedule changes, including, when applicable, changes in routing and/or the number of stops in the itinerary. The WanderLuxe Boutique is unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by the airline. In the event of any change in flight itinerary made directly between passengers and the airline, it is the passengers’ responsibility to advise The WanderLuxe Boutique of changed flight details in writing at amber@wanderluxeboutique.com. The WanderLuxe Boutique cannot be held responsible for land services, including arrival and/or departure transfers, if flights are changed and we have not been notified.
CANCELLATIONS Upon confirmation of a reservation, all cancellation requests must be submitted in writing to amber@wanderluxeboutique.com. If you do not receive a response to your cancellation request within 48 hours, please contact 347-842-0529. Please be advised that any payments made prior to cancellation are non-refundable
and non-transferable. We understand that life happens and sometimes plans change, because of this, we strongly encourage you to purchase travel insurance to protect your investment.
GENERAL TRAVEL INFORMATION
REQUIRED IDENTIFICATION Clients are required to make reservations in the full name that is listed on his/her government-issued identification that will be used for travel. Clients are responsible for ensuring that their name and birthdate are correct on all documents. If you need to make any changes to a name or birthdate after travel documents have been issued, clients will be responsible for all name change fees, if applicable.
INTERNATIONAL TRAVEL All clients participating in international travel are required to be in possession of a valid passport. Passports should be valid for at least six months after the travel departure date and should have at least two blank pages. Children are also required to have valid passports. For more information, please visit www.travel.state.gov.
HOTEL ACCOMMODATIONS All rooms requested are standard twin-bedded (two single beds) rooms with private facilities unless you have specifically requested a king/double-size bed. Please understand that 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. Some single rooms are smaller than a standard room size. The number of persons accommodated does not dictate the room size. Although available at most 4 and 5-star hotels, the use of air-conditioning abroad differs greatly from the United States. Many European hotels were built before central air conditioning was introduced. Air-conditioning is often shut down at night and from the end until the start of the summer months. All hotel rates are not negotiable and are based on The WanderLuxe Boutique's agreements with its suppliers. Hotel check-in time is generally not before 300 p.m., and check-out time is before noon. Please be sure that adequate arrangements for accommodations have been taken into consideration when a late-night flight is being used. We reserve the right to make substitutions with hotels of equal standard. There will be no refunds for any difference in the cost of those accommodations.
CRUISES Cruise itineraries, cruise cabins, and ships are subject to change without notice. The WanderLuxe Boutique 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. In the event of the unexpected, we strongly suggest that all cruise passengers have a valid passport in their possession while cruising.
HOTEL, CRUISE SHIP, AND MEAL INFORMATION DISCLAIMER The descriptions, images, amenities, star ratings, and other information provided in The WanderLuxe Boutique’s hotel and cruise ship profiles (collectively, “Profiles”) are based solely on data supplied by the respective hotel and cruise line partners, their agents, and representatives. Star ratings and classifications may vary by country and may not reflect standards customary in the United States. While The WanderLuxe Boutique endeavors to ensure that all information provided in its Profiles is current and accurate, The WanderLuxe Boutique expressly disclaims any liability for any errors, inaccuracies, omissions, or changes in descriptions, amenities, images, or other details provided by such third parties.
Meal inclusions shall be as specifically outlined in the applicable itinerary. Unless expressly stated otherwise, meals shall be provided by the hotel or restaurant and are generally offered as buffet or set menu selections. Beverages are not included unless otherwise expressly noted. Although The WanderLuxe Boutique cannot guarantee compliance, it will make reasonable efforts to accommodate special dietary requests that are submitted in writing to amber@thewanderluxeboutique.com no later than four (4) weeks prior to departure.
AIRLINES Airline schedules and flights are subject to change without notice. The WanderLuxe Boutique 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 The WanderLuxe Boutique purchases airline tickets on your behalf, The WanderLuxe Boutique will follow the airline's policies, which are subject to 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.
The WanderLuxe Boutique aims to use major airlines for flights. In certain situations, discount carriers may be 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 if applicable. The WanderLuxe Boutique is not responsible for the services and policies imposed by the airlines.
• Airline Seat & Assignment The airline bears the sole responsibility and authority of seat assignment and service class. The WanderLuxe Boutique will put forth its best efforts to select the passenger’s desired seat and class. The WanderLuxe Boutique is not responsible for any changes made by the airline.
• Frequent Flyer Programs All passengers are responsible for contacting their airline directly regarding mileage eligibility, accrual, and frequent flyer information, rules, and eligibility.
• 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, further name corrections will be subject to an airline rebooking fee, which may be as much as the full value of the airline tickets plus a $100 revision fee per change. The WanderLuxe Boutique will not be held responsible for the denial of services by a carrier due to any name discrepancies. WanderLuxe Boutique must be advised of name changes in writing at
• Schedule Changes In the event of an airline schedule change, WanderLuxe Boutique will make every effort to inform passengers of the schedule change and updated flight schedule prior to departure. However, The WanderLuxe Boutique is not responsible for schedule changes, including but not limited to, changes in routing and/or number of stops. The WanderLuxe Boutique is unable to provide any compensation for schedule changes, seat assignment changes, cancellations, or delays imposed by any airline. In the event that any change in flight arrangements is made directly between the passenger and their airline, it is the passenger's responsibility to advise The WanderLuxe Boutique of said changes in writing at amber@wanderluxeboutique.com. The WanderLuxe Boutique is not responsible for land services, arrival, and/or departure transfers if flight information is changed without its knowledge.
Luggage Policy
Airlines: Airline checked baggage allowances generally limit each bag to total dimensions not exceeding sixty-two (62) inches (sum of length + width + height, e.g., 26" + 26" + 10" = 62") and a maximum weight of fifty (50) pounds (23 kilograms). Many airlines impose fees for checked baggage, overweight luggage, or excess luggage. The WanderLuxe Boutique shall bear no responsibility for any such baggage fees, excess luggage charges, or overweight penalties assessed by any airline. In the event of lost or damaged luggage, it is the traveler’s sole responsibility to file a baggage claim form directly with the airline prior to departing the airport. The WanderLuxe Boutique recommends the use of brightly colored luggage tags, straps, or other distinctive identifiers to assist in locating or describing luggage in the event it is lost.
Escorted Tours: For escorted tours operated by The WanderLuxe Boutique, travelers are permitted to bring one (1) piece of checked luggage plus one (1) carry-on bag per person. Additional baggage will be subject to a handling fee of one hundred dollars ($100) per piece. The WanderLuxe Boutique shall not be liable for any loss of or damage to luggage or personal belongings. Any loss or damage must be reported immediately at the time of the incident, and the traveler must obtain a written report from the appropriate local authority or representative for submission to their personal insurance provider.
TRANSFERS Transfers will be provided as specified in the applicable itinerary by private car, minibus, or motor coach, provided that airfare is purchased directly through The WanderLuxe Boutique. Travelers who purchase a land-only package or who deviate from the published arrival and/or departure dates set forth in the itinerary shall be solely responsible for arranging and purchasing their own transfers to and from the hotel or other designated meeting point.
Arrival transfers are guaranteed for up to two (2) hours from the scheduled arrival time of your flight to accommodate minor delays. The WanderLuxe Boutique and any transfer service provider shall not be liable for flight delays, regardless of cause, that extend beyond two (2) hours from the originally scheduled arrival time. In the event of any such delay, whether caused by flight delay, immigration or customs processing, or time spent reporting baggage loss or damage, the traveler shall be solely responsible for securing alternative transfer arrangements at their own expense, including but not limited to taxi services. Transfer costs are non-refundable, and The WanderLuxe Boutique shall have no liability for any additional expenses incurred.
The cost of a transfer booked through The WanderLuxe Boutique is higher than that of a standard taxi service, as it includes round-trip service, commonly referred to as a “dead leg,” whereby the driver travels to the pick-up location solely for your service and forfeits a one-way fare. Airports, seaports, hotels, and similar locations may impose entrance, parking, or waiting fees, and drivers may be required to wait for up to one (1) hour. While transfer drivers are independent contractors and not employees or agents of The WanderLuxe Boutique, The WanderLuxe Boutique endeavors to engage reliable drivers who provide welcome services, ensure arrival at the correct destination, and are available to assist with reasonable questions during the transfer.
Tipping Guidelines
Tipping is customary and a meaningful way to express appreciation for the quality of service provided during your journey. The WanderLuxe Boutique offers the following general tipping guidelines for your convenience:
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Drivers (including private car and motorcoach drivers): USD $5–$10 per person, per day
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Tour Guides: USD $10–$20 per person, per day
These amounts are suggestions only, and gratuities remain at the traveler’s discretion based on the level of service received. Gratuities are not included in the cost of your trip unless expressly stated otherwise in your itinerary or booking confirmation.
DOMESTIC TRAVEL If you are traveling within the United States or any of its territories, a valid state-issued identification with a photo is required. Examples of acceptable identification are a Real ID driver’s license, a Real ID state identification with a photo, or a valid passport.
PASSPORTS AND VISAS Passengers are solely responsible for ensuring that they have the proper travel documents and MUST CHECK with the respective consulate(s) or visa agency to determine whether any visas or passports are required. The WanderLuxe Boutique will not be held responsible for a lack of proper identification. Lack of proper identification is not a covered reason under most travel insurance policies. Passports are required to be valid for at least 6 months after the date of travel. Some countries require a full blank “VISA” page in the passport for stamping purposes. Any information provided on travel descriptions pertains to US citizens only. Please refer to the proper guidelines set up by the United States Government. For more information on Visas, please visit www.travel.state.gov.
Non-US citizens should check with the respective consulate of the country(s) to be visited for current entry requirements.
FELONIES AND MISDEMEANORS If you or anyone in your party has a criminal record, it is up to the client to make sure before booking a trip that they are free to leave the country and that the country they are traveling to allows entry into that country. The WanderLuxe Boutique is not responsible for researching these laws.
TRAVEL PROTECTION Missing a vacation is bad enough. Losing the money you invested in your vacation is even worse. Therefore, we highly recommend Travel Protection that helps provide coverage for Trip Cancellation, Interruption, Baggage Loss or Delay, Medical Expenses, and more. The WanderLuxe Boutique does not guarantee coverage with any travel insurance policy; this is a contract between you and your travel insurance provider. We will gladly offer you companies to choose from. Please read the insurance policies carefully and make an informed decision.
TRAVEL DOCUMENTS Provided full payment is received no later than your Final Payment Due date, travel documents and travel instructions will be sent via email and/or mail 30 days or earlier prior to travel. If paper documents are requested when e-documents are available, documents will be delivered via USPS approximately 14-21 days prior, and a fee of $50.00 will apply. A complete street address is required (P.O. boxes are not accepted).
CHILDREN All children under 18 must be accompanied by an adult. The minimum age for children on most tours is 6 months. The minimum age for South Africa and Dubai Tours is 12. The minimum age for European Tour programs is 12. The Minimum age for cruise tours is 6 months old, and the child must sail in a cabin with an adult over 25 years of age. Discounts for children sharing a room as a third person may apply to children under 12 at some resorts in the Caribbean and Mexico.
Accompanying adults are responsible for the safety of their children, including providing any necessary safety equipment (such as infant/child seats) where appropriate. Please
note that many countries have adopted practices to prevent international abductions of children. If a person under the age of 18 years is travelling with an adult other than his/her parents, or with only one parent, a notarized letter written by the parents, or non non-travelling parent, granting authorization to travel, including the dates of travel, should be carried. It is the responsibility of the client to make sure proper documentation for the child is obtained.
PRICING Pricing does not include items of a personal nature, such as laundry, wines, water, beverages, food (other than at all-inclusive resorts or where clearly specified), passport and visa fees, insurance, and foreign port taxes unless specifically indicated in the package inclusions. Pricing is correct at the time of publication; however, as airfares continually fluctuate and classes of service may have limited capacity, tour package prices and availability will change accordingly. In case of human or computer error, The WanderLuxe Boutique reserves the right to re-invoice for the correct price or service.
HEALTH, SAFETY, SPECIAL REQUIREMENTS
Health Requirements: It is the responsibility of all travelers to ensure that they are aware of any health requirements for their travel destination and to ensure that they always carry all necessary vaccination documentation with them.
Passengers with pre-existing health conditions should check with their healthcare provider to ensure their ability to travel prior to making a reservation for a vacation. 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 at 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 the passenger be allowed to resume travel with the group. All costs associated with medical treatment and related expenses, such as additional hotel nights, transportation not included in the original itinerary, will be the sole responsibility of the passenger. Please note that some countries may require aircraft cabin insecticide treatment for inbound foreign flights. You can visit the U.S. Department of Transportation at www.transportation.gov for a list of such countries to which this applies.
Contact your primary care physician for up-to-date requirements. You can also check the World Health Organization at www.who.int/en/, the Centers for Disease Control and Prevention at www.cdc.gov, or the State Department at
travel.state.gov/content/travel/en/international-travel.html for information and travel advisories.
If you have food allergies, medical requirements, etc., please inform WanderLuxe Boutique in writing at amber@wanderluxeboutique.com.
Medical Services There may be times when passengers may require medical attention. Should medical attention be necessary, local services will be contacted. All resulting charges will be the responsibility of the traveler. The WanderLuxe Boutique is not responsible for the services provided. It is strongly encouraged that all travelers secure travel insurance in case there is an unforeseen need for medical assistance.
Travelers With Disabilities
The WanderLuxe Boutique curates travel experiences to be enjoyed, but some excursions and activities may be strenuous. We understand that everyone may not have the same capabilities, so if you or anyone in your traveling party requires any form of assistance, including but not limited to physical, sight, or hearing impairments, you are required to notify The WanderLuxe Boutique prior to making a reservation. We will review the itinerary with you, as well as the physical requirements of the vacation, to determine if 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, other travelers, hotel, or ship personnel are not able to provide such assistance. To participate in escorted tours, passengers must be able to understand and follow the instructions given by the Tour Director at all times, both for the successful operation of the tour as well as for everyone’s safety. Travel itineraries are subject to change prior to or during the vacation for various reasons outside of The WanderLuxe Boutique’s control. If this occurs, the vacation may not be the best choice for you. You agree to hold The WanderLuxe Boutique 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.
Wheelchairs & Walkers Travel within the U.S. Pursuant to the Americans with Disabilities Act, The WanderLuxe Boutique will use our best efforts to accommodate travelers with disabilities to the extent possible and consistent with the specific tour itinerary/activities. Nevertheless, you may find that certain tour features may not be accessible to the extent that a wheelchair, scooter, or other special equipment is required to participate. We cannot provide individual assistance to travelers with wheelchairs or other mobility devices. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. The WanderLuxe Boutique will try to accommodate special access needs, but does not guarantee that it will be able to do so in all cases.
Service Animals Passengers on U.S.A. escorted tours who require a service animal because of a disability must contact The WanderLuxe Boutique prior to making a reservation. The passenger is responsible for knowing and abiding by the travel policies of the carriers and hotels/resorts. Service animals cannot be accommodated at international destinations.
Limitation of Liability; Independent Contractors and Assumption of Risk The WanderLuxe Boutique, its shareholders, directors, officers, employees, and affiliates (collectively “The WanderLuxe Boutique”) 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, vessels, 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. The WanderLuxe Boutique 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, by booking and participating in a trip, tour, or service arranged by The WanderLuxe Boutique, the traveler acknowledges and voluntarily assumes all risks associated with such participation. The traveler understands and agrees that travel, particularly international travel, involves inherent risks and hazards, including but not limited to: forces of nature; weather conditions; illness; injury; pandemics or epidemics; accidents; exposure to pests, animals, or marine life; acts of government or other authorities; acts of terrorism or criminal activity; civil disturbances; transportation failures; equipment failures; and other unforeseen events or circumstances beyond the control of The WanderLuxe Boutique.
The traveler further acknowledges that participation in certain activities, including but not limited to recreational, cultural, or adventure activities (e.g., swimming, boating, kayaking, hiking, cycling, safaris, or excursions), involves additional inherent risks of injury, death, or damage to property. The traveler freely accepts and fully assumes all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, or loss resulting therefrom.
The WanderLuxe Boutique shall not be liable for any injury, loss, damage, delay, inconvenience, or expense arising from such risks or events beyond its direct control. By participating, the traveler agrees to release, waive, and discharge The WanderLuxe Boutique, its officers, directors, employees, agents, and affiliates from any, and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, or other damages which may arise from or relate to their participation in the trip.
FORCE MAJEURE
On rare occasions, circumstances beyond our control, known as force majeure, may require us to cancel, postpone, or end your travel experience either before departure or while your trip is in progress. Should such an event occur, The WanderLuxe Boutique will make every effort to notify you within 24 hours of becoming aware of the situation.
Please note that in the event of force majeure, The WanderLuxe Boutique cannot offer refunds, compensation, or coverage of any resulting costs or expenses you may incur.
Force majeure refers to any unforeseen circumstance that could not have been anticipated or avoided, even with reasonable care. These events may include (but are not limited to) war, civil unrest, acts of terrorism, labor disputes, natural or nuclear disasters, outbreaks of serious illness (such as a pandemic, epidemic, or viral outbreak), public health emergencies, adverse weather conditions, fires, or any similar event outside of our control.
Unless explicitly stated otherwise in your booking terms, The WanderLuxe Boutique cannot be held liable for any disruption, loss, or damages caused by a force majeure event. In such cases, we reserve the right to cancel the trip, reschedule it, or offer an alternative itinerary or destination of similar value.
Binding Arbitration
I agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms and Conditions, any brochure, marketing material, or literature relating to my trip, or the trip itself, including but not limited to claims regarding breach, termination, enforcement, interpretation, applicability, enforceability, conscionability, or formation of this agreement—shall be resolved exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Such arbitration shall be conducted either by the then-existing Commercial Rules of the American Arbitration Association (AAA) or under the Comprehensive Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS), at the sole discretion of The WanderLuxe Boutique.
All arbitration proceedings shall be governed by the substantive (but not procedural) laws of the State of North Carolina, and the arbitration shall take place in Fayetteville, North Carolina, unless another location is mutually agreed upon in writing. 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.
By agreeing to these Terms and Conditions, both the traveler and The WanderLuxe Boutique expressly waive any right to a trial by jury and any right to participate in a class action, collective action, or other representative proceeding.
Voluntary Participation
I acknowledge that I have voluntarily applied to participate in the trip designated in my booking with The WanderLuxe Boutique (or any alternative trip to which I may subsequently transfer). I confirm that I have read and understood the description of the trip as provided on The WanderLuxe Boutique’s website, along with all associated materials and booking information. I further acknowledge that I am voluntarily participating in this trip with full knowledge of the inherent risks and hazards involved.
Knowing and Voluntary Execution
I have carefully read, fully understand, and willingly agree to these Terms and Conditions, including the booking information, the Release from Liability, Assumption of Risk, and Binding Arbitration provisions. I understand that this is a release of liability and a legally binding contract between myself and The WanderLuxe Boutique, and I agree to its terms of my own free will. By confirming my booking or signing this agreement, I agree to these Terms and Conditions on behalf of myself, all members of my traveling party, and any minor children accompanying me.
Covid-19 Waiver of Liability
I understand and agree to the following
In Spring 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Centers 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.
1. COVID-19 is a highly contagious virus that can be spread via person-to-person contact;
2. After reasonable inquiry, The WanderLuxe Boutique provided me with the best available information regarding the pandemic-protective policies and practices of the vendors and suppliers in my travel itinerary.
3. Supplier(s) of The WanderLuxe Boutique may have policies in place to help prevent the spread of COVID-19. The WanderLuxe Boutique is not the drafter or holder of those policies, and I understand that these policies can change at any time.
4. I understand that 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;
5. I understand that each state/country institutes its own pandemic-protective policies and regulations. I further understand that I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all states/countries listed in my travel itinerary, including any policy updates. I also understand that I may be denied entry into the country for reasons within or outside of my control;
6. I understand that by traveling, I can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s);
7. I am responsible for knowing, understanding, and abiding by the pandemic protective policies and procedures regarding COVID-19 of all vendors used in my travel itinerary, including any policy updates;
8. With full awareness and appreciation of the risks involved, I, for myself, 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 The WanderLuxe Boutique 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 The WanderLuxe Boutique.
9. I 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 WanderLuxe Boutique services, or the services of The WanderLuxe Boutique suppliers or vendors, specifically related to COVID-19.
Group Harmony and Conduct
The WanderLuxe Boutique is committed to creating safe, enjoyable, and respectful experiences for all travelers. Accordingly, all travelers are expected to conduct themselves in a manner that is respectful, courteous, and considerate of their fellow travelers, tour leaders, guides, service providers, and local communities. Travelers are required to comply with all instructions, policies, and guidelines provided by The WanderLuxe Boutique, its representatives, and third-party providers during the course of the trip.
Unacceptable Conduct
The following behaviors will not be tolerated under any circumstances
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Harassment, discrimination, or abuse of any kind, including but not limited to verbal, physical, or sexual harassment directed at any individual.
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Excessive intoxication, illegal drug use, or possession of illegal substances.
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Disruptive, threatening, violent, or unsafe behavior that endangers the well-being of oneself, other travelers, staff, or local residents.
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Willful destruction of property belonging to The WanderLuxe Boutique, its vendors, or third parties.
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Disregard for local laws, customs, or cultural sensitivities.
The WanderLuxe Boutique reserves the right, at its sole discretion and without refund, to refuse service to or remove from a trip any traveler whose conduct is deemed to be disruptive, dangerous, or incompatible with the interests of the group or the safe operation of the trip. In such circumstances, the traveler shall be solely responsible for any additional costs incurred, including but not limited to transportation, accommodations, and other expenses arising from their removal. The WanderLuxe Boutique shall have no liability for any damages, costs, or losses incurred as a result of such removal.
Travelers agree to indemnify and hold harmless The WanderLuxe Boutique, its owners, directors, officers, employees, agents, and affiliates from and against any claims, demands, damages, or losses, including reasonable legal fees, arising out of or in connection with their conduct during the trip.
PHOTOGRAPHIC AND VIDEO RELEASE
The WanderLuxe Boutique, its representatives, agents, or assigns may take photographs, audio recordings, or video footage of trips and trip participants during the course of any trip or related activity. By participating in a trip, travelers grant The WanderLuxe Boutique permission to capture, use, and publish such images, recordings, or footage for promotional, commercial, or marketing purposes in any medium, including but not limited to print, online, and social media, without compensation or additional approval. Travelers expressly waive any right to inspect or approve the finished product or its use.
Website Use Terms and Disclaimer
Agreement between User and The WanderLuxe Boutique: The website located at www.thewanderluxeboutique.com (the “Site”) is offered to you conditioned upon your acceptance without modification of all terms, conditions, and notices stated herein. By accessing or using this Site, you agree to be bound by these terms, conditions, and notices.
Liability Disclaimer
The information, products, and services published on this Site may contain inaccuracies or typographical errors. Changes are periodically made to the information displayed on the Site. The WanderLuxe Boutique makes no representations or warranties regarding the completeness, accuracy, reliability, or availability of the Site’s content. It reserves the right to make changes, corrections, or improvements to the Site and its offerings at any time without prior notice.
In no event shall The WanderLuxe Boutique be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site; the delay or inability to use this Site; or for any information, products, or services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability, or otherwise, even if The WanderLuxe Boutique has been advised of the possibility of damages.