Terms & Conditions (updated as of 3/07/24)

In this Agreement, "We", "Us", "Our" mean Sea & Sun Travel Agency, LLC, ("Agency").  "You", "Your" or "Traveler" means the traveler and anyone traveling under the same booking or group contract.

Sea & Sun Travel Agency, LLC is an independent travel agency that contracts with third-party suppliers (each a "Supplier" and collectively, "Suppliers") as a booking agent to provide travel products including tours, cruises, hotels, airlines tickets and rental cars.  All reservation services provided, and travel services coordinated by us are subject to these Terms & Conditions.   By booking a reservation through our Agency, you have agreed to and have accepted these Terms & Conditions.  Our booking terms and conditions take precedence over Supplier terms and conditions.  Each Supplier is an independent entity with its own management and is not subject to control by our Agency.

We will notify you via email when the booking has been confirmed.  These Terms & Conditions are subject to change at any time, without prior written notice; therefore, you should read these Terms & Conditions carefully prior to confirming travel services.  Cancellation and change penalties by our Agency may apply to these arrangements, as further stated in our Terms.

Hours of Operation; Contact

We may be contacted at 803-526-4289 or info@seaandsuntravelagency.com during our business hours.  Our business hours are as follows: Monday - Thursday: 8:30am - 6:00pm; Friday: 8:30am - 4:00pm.  Saturdays are by appointment only and must be made at least 48 hours in advance by contacting our office via our telephone or email address provided in this section.  

Rates and Inclusions

Quoted rates are based on the exact inclusions provided in writing to you.  Unless specifically itemized, rates do not include inspection fees for U.S. Customs and Immigration, cost incurred for VISAS and passports, seat assignments, Air Transportation Tax, Agricultural Tax, airport taxes and fees including September 11th security fee, passenger facility charges, Federal domestic flight segment fees and U.S. International travel and departure fees, and other government imposed fees, port taxes, vaccinations, gratuities, meals and beverages except as noted and on cruises or all-inclusive resorts, alcohol, resort fees, locally paid city taxes, hotel energy charges, parking and valet services, laundry service, additional bedding charges, telephone calls, minibar, optional excursions, airport transfers, non-qualifying flights, porterage at airports and train stations, travel insurance premiums, and any other miscellaneous charges of a personal nature.

Third Party Suppliers

The Suppliers providing tours, excursions, transportation, accommodations and other components of your trip or vacation are independent contractors and are not agents, affiliates, representatives, or employees of us.  All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by the Supplier.

Additional terms and conditions, separate from this Agreement, will apply to your reservation and other purchases of travel-related goods and services.  Please read these additional terms and conditions carefully.  You agree to abide by the terms and conditions of purchase imposed by any Supplier with who you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use of fares, products, or services.  We reserve the right to cancel your booking if full payment is not received in a timely fashion.  You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.  You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), denied access to the applicable travel product or services, forfeiting any monies paid for such reservation(s), and/or responsibility to cover any costs we incur as a result of such violation.  Any additional terms and conditions will be provided to you in written form via email.

Personal Information

You consent to our use of your personal information.  You understand that as part of booking any travel services that certain personal information may be conveyed to third parties in order to accommodate your travel.  Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards and other financial information needed to secure travel agreements.  You will not hold us liable for the distribution of your information to third-party supplier(s).  Our liability for the failure of any foreign supplier to protect your personal information is specifically excluded.  We keep your personal information only as long as needed to provide information for our sole use of travel and other services for you and for a reasonable length of time thereafter for legal or business purposes.

Groups

Each traveler in a group agrees to our Terms and Conditions, as well as the Terms and Conditions listed in the group sales contract.  

Photographic Release

Sea & Sun Travel Agency may take photographs or videos of its trips and trip participants grant Sea & Sun Travel Agency permission to do so and for it to use same for promotional or commercial use without payment of any compensation to the participant.  Further, if a travel participant submits photos of their trip to Sea & Sun Travel Agency, they are granting permission for us to use on our website, social media accounts or in promotional or commercial use without payment of any compensation to the travelers.  

Reservations and Payment

By providing your credit card details for payment of any kind, you acknowledge and accept our Terms & Conditions and agree to abide by them.  You authorize us to charge your credit card for the charges associated with your travel booking.  By authorizing us to charge your credit card, either through our payment authorization form or through the phone, you acknowledge that you understand and agree to all the terms and conditions of the booking, including but not limited to, all cancellation policies.

Payments to Agency in currency other than U.S. Dollar will be converted at current exchange rate to USD.  U.S. Dollar payments by Agency to suppliers will be converted at current exchange rate for local country currency.

• Deposit: A deposit is due at the time of reservation. All deposits are non-refundable and non-transferrable. All reservations (except where specified) will require a deposit and will be clearly noted the amount due and monthly payment plan. 
• Full Payment: All reservations can be paid in full at the time of booking as long as the tour still has available space. 
• Late Payment: If there is any outstanding balance by the Final Payment Due date listed on your invoice, a late fee will automatically be added to your invoice one day after your final payment date. Late fees vary. Please see each individual tour description for late fee cost. 
• Reinstatement of Reservations: If your travel reservations have been canceled, and you notify us within 14 days that you want to reinstate your reservations, a service reinstatement fee of $50 ($200 for international tours) will be added to your invoice and must be paid in advance in order to apply for reconfirmation of services. 
• Last-Minute Reservations: All reservations must be made no later than 30 days prior to departure. If requested services cannot be confirmed, payment will be refunded. If services are confirmed, final payment is due within 24 hours and all applicable cancellation penalties will apply. 
• Form of Payment: US dollar, major credit cards, or debit cards. All payments made within 30 days of departure must be made by credit or debit card only. Credit card charges will be accepted by phone or online to fulfill the non-refundable deposit requirement.

Terms and Conditions

By paying our planning fee and/or giving us a deposit, or making a booking, you acknowledge that you have read and accept our Terms and Conditions on behalf of yourself and anyone in your party.  The lead traveler assumes responsibility for sharing these Terms and Conditions with all parties in the booking.  It is the responsibility of each party to read these Terms and Conditions.  If there is any part of these Terms and Conditions that you do not understand, please contact us for clarification.

A purchase is not complete until the deposit(s) and other monies due have been processed and a confirmation of booking has been provided to you.

Receipt of payment and confirmation from us confirms agreement to these Terms and Conditions.  If final payment is not received by the due date, all components of the booking could be cancelled by the Supplier without a refund of payments previously made.

We are not responsible for penalties, fare increases, or fees incurred due to any late payments, all of which must be paid by you.

Revisions, Deviations and Cancellations

Change Fee: In our commitment to transparency, we impose a change fee of $50.00 for each significant modification to your itinerary or bookings. However, it's important to note that this fee exclusively applies to what we classify as "Significant Changes.

Significant Change include the following: a reduction in nights (example: you book a 7-night package and reduce it to a 4-night package); changes in airfare tickets or re-ticketing of airfare (names, dates, adding or subtracting a passenger and changing flight times at the request of the client); significant changes to booked excursions (cancelling 2+ excursions on your itinerary or rebooking 3+ excursions for different dates); and any additional significant change that would result in 3+ hours of rebooking work on the part of Sea & Sun Travel Agency, LLC.

This fee is charged to offset the additional administrative efforts necessitated by these alterations. Inquiries into a change do not incur a change fee from us. The fee is only billed after we have received a formal confirmation of the Significant Changes from the supplier/resort/airline/cruise line, and you want to move forward with such changes. Your satisfaction remains our utmost priority, and our objective is to ensure your travel experience is characterized by both professionalism and seamless service.

Any revisions or deviations made to a reservation are subject to the fee per revision or deviation in additional to any other Supplier charges and penalties.  No refunds will be given for any unused or partially used service(s).

Cancellation Fee: We understand that circumstances can change and plans sometimes need to be canceled. To maintain transparency in our operations, we have a Cancellation Fee between $100-$250. This fee is applicable only if the cancellation occurs after the booking process has been successfully completed.

It's important to note that this fee is distinct from any cancellation fees or charges imposed by suppliers/resorts/airlines/cruise lines. We want you to be fully aware of any potential costs associated with the cancellation of your trip.

Here's how it works: Should you decide to cancel your trip after booking, please email us the cancellation request. We will call the supplier to inquire as to the fees or penalties that will be charged to cancel your booking. Once we receive this information, we will reach out to you via email and telephone to discuss. Once you provide email confirmation to cancel, we will automatically charge the card we have on file the $100-$250 fee and once processed, we will cancel your booking with the supplier(s).

Please note the cancellation fee mentioned above is in additional to any other Supplier charges and penalties assessed by them.  No refunds will be given for any unused or partially used service(s).

Please note that cancellation fees will be charged automatically for any booking that fails to make final payment by the final payment deadline as indicated in emails and on the booking confirmation.  If we do not hear from you as of the final payment date, we will cancel the booking and charge your card on file the cancellation fee amount as listed in your planning agreement.

No Shows

Failure to travel or show up for any reservation is considered a "no-show".  No show penalties will be up to the entire cost of reservation and are subject to policies and procedures set forth by us.

Refunds, Chargebacks and Adjustments

Claim for refunds and/or adjustments must be made within seven (7) days of the disputed dates of travel.  Full details and proof of payment documentation must accompany all claims.  Please allow thirty (30) days to process refunds from date of cancelled travel.  No refund will be issued for cancellations due to actual or threatened terrorist events or due to fear of travel from actual or threatened terrorist, health, political or similar events.  Supplier terms are separate from our Agency's terms.  Please refer to the Supplier terms and conditions for details on their policies.

You waive any right to a chargeback in case of cancellation (except for fraud) including Force Majeure event(s) (as described below) and agree to refund policies and procedures outlined in these Terms and Conditions.  In the event you attempt a chargeback, reverse or recollect a trip payment already made without our authorization, we have the right to collect additional costs, fees, and expenses associated with the chargeback, including, but not limited to, attorney fees.

Washington State: If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with who the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

California Residents:

My agency IS NOT required to be a participant in the State of California Consumer Restitution Fund (TCRF).

Traveler Identification, Proof of Citizenship and Safety Concerns at Destination

The Transportation Security Administration (TSA) required all airline passengers to provide Secure Flight Passenger Data (SFPD): Full name as it appears on Government-Issued I.D., Date of Birth, Gender, Redress number (if available).

The name of the traveler on all reservations and travel documents must match the name as it appears on the traveler's Government-Issued I.D.  The traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect information.  Updated information regarding security measures and requirements for air travel are available at www.tsa.gov.  It is highly recommended that travelers check this website prior to travel to their scheduled destination.  All U.S. citizens traveling to or from any international destination must have a valid passport which must be valid for a minimum of six months beyond the return travel date.  It is the traveler's responsibility to verify current entry requirements and obtain the necessary travel documentation based on the country of origin, destination, and any additional countries in which a stope is scheduled.  Minors of 17 and under traveling alone or with a single parent may be required to have additional documentation on domestic or international flights.  No refund will be issued for losses incurred as a result of failure to obtain or provide required travel documentation.

Travel documents, including passports, visas, and health/vaccination certificates required are your responsibility.  Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. See this www.state.gov link for passport support. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport.  Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, Agency is not responsible for lost payments made toward the contemplated trip. If traveling to or through Canada, travelers with a Driving While Intoxicated (DWI) or other conviction record should always check whether current rules exclude admission.  For more information see Canada's government site and the Canadian Immigration facts.

Visit the USA State Department Web site www.travel.state.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Required or advised inoculations you decide to obtain upon the advice of your personal physician may need to be administered in a series of doses months ahead of your planned departure and such time element should be taken into account by you when making deposits and/or nonrefundable final payments. Visit the websites of the USA Centers for Disease Control and the International Society of Travel Medicine. 

Accommodations

Hotel accommodation is subject to availability at the time of reservation.  Some hotels require NONREFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking.  In such cases, we will notify you for the NON-REFUNDABLE prepayment for that portion of the trip.  Amenities such as elevators, air conditioning, bedding size, etc., are not guaranteed in all properties.  In addition, even if a property has amenities such as air conditioning or elevator, it is not guaranteed that it will be operational or available during your stay.  Further, we are not responsible for any issues that arise on property, including but not limited to: plumbing issues, non-working room amenities (i.e. mini-fridge, safe, lights, charging stations, etc.) or missing items that are listed on the hotel/resort's website for accommodations.  Reimbursement for lack of amenities is solely the responsibility of the hotels, and while we may act as an intermediary, we cannot be held responsible for such reimbursement under any circumstances.

Food & Beverage

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 Sea & Sun Travel Agency cannot make guarantees, every effort will be made to honor special dietary requests submitted in writing at least 4 weeks prior to departure at our email - click here: Sea & Sun Travel Agency.  

Special Travel Needs (accessibility, disabilities)

If you have disabilities or special needs that may require non-emergency special services, additional support or accommodation of a disability you should advise us in advance of booking so that we can request assistance or arrange for appropriate services or equipment.  In some cases when you are unable to use your own wheelchairs, mobility devices, medical equipment or devices, rental of special equipment or devices may result in additional charges.  Airlines may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate.  If you travel with a service animal or emotional support animal, some suppliers may require advance arrangements and special documentation for the animal's health and training.  Countries outside the United States and Canada have laws and regulations that often apply different standards or accommodation for persons with disabilities or special needs.  We will assist travelers with disabilities or special needs however, we are not responsible for the failure of suppliers to meet your needs when the supplier follows laws and regulation or local jurisdictions.  Additionally, the law and regulations of local jurisdictions covering travelers with disabilities or special needs may change in the legal or regulatory realm of the places you visit on your trip.  Some destinations may have limited medical facilities or limited availability of prescription medications.  You should consult your health provider about your trip.  Some travel insurance plans may provide access to emergency medical care, medical evacuation, and replacement of prescription medications.  We STRONGLY RECOMMEND THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE.

Air Arrangements

Please note that most airlines consider a name change to be a cancellation.  Travelers are responsible to confirm airline baggage allowances for all flights.  International flights may have different requirements than domestic flights.  Excess luggage fees are the responsibility of the traveler.  Tickets of any kind are payable in full and are NON-REFUNDABLE at the time of booking.

Airline tickets are completely NONREFUNDABLE and NONEXCHANGEABLE once purchased.  We are not responsible for any loss, accident, injury, delay, defect, omission, or irregularity which may occur, such as changes, additional expenses, and cancellations due to weather conditions, schedule changes or other changes beyond our control.  You agree to abide by safety guidelines of all airlines and hold us harmless from any liability due to airline restrictions.  Airline seat assignments are not complimentary on every airline.  Charges for pre-assigned seats in advance of flight time may be subject to additional charges from those carriers.  We cannot guarantee seats in specific locations or next to each other.  This is strictly based on availability at the time seats are being selected.  Airlines are at liberty to change the aircraft and seat assignment at any time.  We cannot be held responsible for any changes made by an airline, or any additional charges imposed by those airlines for any seats after they have been selected and paid in advance.

Hazardous Materials and Insecticides

All passengers are prohibited by Federal law from bringing hazardous materials aboard aircraft in their luggage or on their person.  Violations can result in up to five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).  Such materials include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives and radioactive materials.  Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals.  There are special exceptions for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and certain smoking materials on your person.  You should contact your airline's representative on your itinerary.  Restrictions on hazardous materials are listed at https://www.tsa.gov/travel/security-screening.  

We recommend that you refer to the Department of Transportation (DOT) list of airports in countries that require airlines to treat passenger cabins with insecticides prior to the flight or while on the aircraft.  This list is on the DOT's website as updated from time to time.  https://www.transportation.gov/airconsumer/spray

Traveler Responsibility and Conduct Guidelines

As a traveler, it's important to understand your role in maintaining the integrity and smooth operation of your travel experiences. Here's a rundown of your responsibilities:

1. Accountability for Actions: Should your actions or oversights lead to any form of damage or loss, it's up to you to compensate the concerned party directly. This includes any costs incurred by suppliers or providers connected to your travel.

2. Financial Responsibility: In the event your conduct results in claims against the Agency, you are obliged to cover all associated costs, including legal fees, on behalf of the agency.

3. Conduct Expectations: The Agency will not bear any financial burden associated with issues stemming from your conduct. This extends to situations where your actions necessitate removal from a service, whether due to negligence, intentional misconduct, or for any other reason.

4. Release of Liability: You agree not to pursue claims against the Agency, its team, or affiliates for incidents arising from your actions or mistakes.

5. Service Access and Removal: At any point, the service provider has the right to deny service or request your departure if your behavior is deemed harmful or disruptive. This could be due to actions that jeopardize safety, cause discomfort to others, or any form of unacceptable behavior.

6. Consequences of Dismissal: If a service provider decides that you must leave a service:
   - You might find yourself left at any stop without further assistance.
   - All expenses incurred thereafter will be your responsibility.
   - You'll lose any entitlement to refunds for the services paid.
   - Service providers will not be held liable for issues related to your conduct.

7. Definition of Authorized Party: This term refers to any service supplier or their agents involved in your travel, including transport operators, tour operators, hotel/resort operators and staff members.

8. Personal Belongings: Lastly, keeping track of your luggage, personal items and those purchased or acquired throughout your journey falls squarely on your shoulders.

Adventure/Expedition Travel 

Introduction to Adventure Travel
Adventure travel, by its very nature, involves an element of risk and potential danger, including but not limited to injury or death. By participating in such travel, you acknowledge and accept these risks as an inherent part of the adventure.

Acknowledgment of Risk
You acknowledge that adventure travel involves activities that may be hazardous and that you are participating voluntarily, understanding the potential risks involved.

Personal Responsibility
You accept personal responsibility for ensuring that you are mentally and physically capable of participating in these activities.

Liability Release
You agree to release Sea & Sun Travel Agency, LLC from any liability for injury, death, or other damages that may occur during the travel, to the extent allowable by law.

Adventure Travel: Specific Terms

Expedition Cruising
Expedition cruising offers a unique way to explore remote areas, but it comes with its own set of risks.

• 1.1. Changing Itineraries: You understand and acknowledge that itineraries may be altered due to unpredictable weather or other environmental concerns, at the discretion of the tour operator, cruise line, or their agents.
• 1.2. Wildlife Encounters: You are aware of and acknowledge that your itinerary may involve activities with close encounters with wildlife, which carry the risk of injury, illness, or even death.
• 1.3. Activity Risks in Polar Regions: Specifically, in the Arctic and Antarctica, you are aware of and acknowledge that activities such as hiking, kayaking, and camping have inherent dangers due to extreme weather conditions and isolation.
• 1.4. Environmental Impact: Acknowledge the need to adhere to environmental guidelines to minimize impact on delicate ecosystems.
• 1.5. Emergency Response: Be aware of and acknowledge the limitations in emergency response capabilities in remote locations.  Further, emergency response may be delayed hours, days or even weeks, depending on weather and other issues that may arise. 

Mountaineering and High Altitude Hiking/Climbing
These activities are challenging and demand high levels of physical fitness and experience.

• 2.1. Frostbite and Hypothermia: You are aware and acknowledge the high risk of frostbite and hypothermia that exists in extreme cold conditions.
• 2.2. Delayed Emergency Response: You are aware and acknowledge that emergency response in remote mountainous regions can be significantly delayed.  In some cases, rescue from higher altitudes may not be feasible  due to safety concerns of the rescuers or other team members.  In such cases, it has been known, and you acknowledge you are aware of cases, in which, individuals have been left at high altitudes to rescue themselves or face a high probability of death.
• 2.3. Insurance Requirements: Participants must have adequate travel and emergency response insurance.
• 2.4. Experience and Knowledge: Acknowledge that you possess the necessary experience and knowledge for hiking, backpacking, and mountaineering trips.
• 2.5. Physical Demands: You are aware and acknowledge the strenuous nature of these activities and the need for adequate physical preparation and training. Further, you acknowledge that you and your medical doctor(s) have discussed this activity and believe you in good physical and mental health for such an extreme or physical challenge.
• 2.6. Altitude Sickness: You are aware of and acknowledge the risks associated with high altitudes, including altitude sickness, HAPE (High-Altitude Pulmonary Edema and/or HACE (High-Altitude Cerebral Edema) or other medical issues that may arise from any altitudes above sea level.

Agreement to Terms of Adventure Travel Section
By participating in any adventure or expedition travel arranged by Sea & Sun Travel Agency, LLC, you agree to these as well as the rest of the terms and conditions as laid out above and below this section. 

Responsibilities and Liability

We provide a service in arranging accommodation, transportation, sightseeing, admissions, and any other services from third parties as agreed in each itinerary.  We shall not be held liable for an injury, damage, loss, accident, delay, death, or irregularity which may be occasioned by any company or person engaged in conveying the passengers, providing the services, or otherwise in connection therewith, of any hotel owner, manager or employee.  We do not own or operate, nor are we an agent of any of the Suppliers which will provide goods and services for the trip or any option which may be available in connection with the trip.  Countries have different laws regarding entry for persons with criminal records.  It is your responsibility to know destination entry laws if you or anyone in your party has a criminal record.  We do not inquire about an individual's criminal record in the interest of respecting our clients' privacy.  Refusal of entry is not a valid reason for cancellation or chargeback.

You agree to seek remedies directly with the Supplier and not hold us liable in the event of negligence, loss, injury, death, delay, or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option.  You also agree not hold us liable for circumstances beyond our control (e.g. Force Majeure, terrorism, war, or acts of God).  We accept no responsibility for losses or extra cost due to delays, schedule changes, or cancellations in train, bus, ship, airlines or other land, lake or river services, medical issues, bad weather/climate conditions, war, terrorist acts, strikes, quarantine, luggage delay or loss, or other causes.  You expressly release and hold us harmless against and all liability from suits or demands of any kind, now and in the future that may occur out of or in connection with your travel or participation in activities arrange d by us.

In the event an airline or travel supplier declares bankruptcy, it is not obligated to transport you or to provide refunds.  Money given to our Agency immediately becomes property of the airline or travel supplier as required by law.  We are not allowed to provide refunds for suppliers who have declared bankruptcy.  If an airline or travel supplier declares bankruptcy, it might continue services or stop completely.  Other airlines or travel suppliers may, but do not have to, provide alternative services.

Limitations on Damages

As we provide a service as a booking agent to provide travel products including tours, cruises, hotels, airlines tickets and rental cars from suppliers and airlines, we are only paid via commissions from such supplier(s) and fees we may charge directly to our clients.  

You agree, by signing these Terms and Conditions, that if a court of competent jurisdiction enjoins us to suit that you have filed, the amount we may be held liable for is the total of any commissions and/or fees that we have or will receive in regard to your trip.  

Travel During a Pandemic or Other Health Advisories

You are fully aware of the previous global Coronavirus COVID-19 virus outbreak, current travel restrictions, and inherent risks involved in choosing to travel.  You are aware that certain countries, including the United States may require testing and up to 14 or more days quarantine upon entering the country, as well as testing and quarantine upon returning to the United States and/or your country of residence.  All travelers, including U.S. Citizens, shall refer to the current CDC guidelines, country-specific guidelines, and supplier requirements (including but not limited to airline, hotel, and cruise line) regarding testing and documentation requirements.  If you do not adhere to current regulations or provide any required testing results or documentation, you may be denied boarding, entry, and/or return to the United States or your country of residence.  It is your sole responsibility to be aware of and adhere to all such requirements.  You understand that it is your responsibility to check the latest travel information advisories and requirements from CDC regarding COVID-19 and requirements for any related travel advisory.

https://wwwnc.cdc.gov/travel/notices

https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.htlm

We are in no way responsible for passenger testing.  Airlines are not responsible for testing.  You understand that there is uncertainty regarding the availability of proper testing in destination countries for return to the United States.  You are aware that screening procedures and restrictions may take place at airports and in public areas.  Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains or other means of transport.  You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter/exit your destination as planned.  If you decline to purchase travel insurance that includes coverage for medical needs while traveling and coverage for your trip delay, you assume all personal and financial loss should you cancel your trip or suffer losses during the course of travel.  Insurance claims will only be paid for covered reasons stated in the insurance policy.  We reference what we know as current CDC guidelines for COVID-19.  Policies may change before your travel, during your travel, and after your travel return.  Countries outside the United States and/or suppliers, including airlines and hotels, may have different guidelines for travel during a pandemic or epidemic.  It is your responsibility to be aware of any pandemic or epidemic related restrictions.  You are aware of all travel warnings; travel restrictions and rules and you understand the risks.  You accept them and hold us harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider including financial loss, quarantining rules or measures put in place at airports or destinations you travel through.  Further, you hold us harmless for any financial penalties or fees imposed by suppliers, airlines, cruise lines, hotels, tour agencies or any other travel provider due to cancellations or postponements due to COVID-19 and you agree not to institute a credit card chargeback for such legitimate penalties or fees.  We are not responsible for acts or omissions or suppliers or their failure to adhere to their own schedules, providing services or refunds, financial default, or failure to honor trip credits.  And, we have no special knowledge about the financial condition or suppliers, and we have no liability for recommending a trip credit or refund.

You understand that concerns or fear of travel are not covered reason for cancellation relating to the Coronavirus COVID-19.  Insurance claims will only be paid for covered reasons as stated in the insurance policy.  You hold us harmless for your election to not purchase travel insurance and hold us harmless for denial of claim by insurer as it relates to COVID-19 or any other claim under the policy.  Please note that insurance policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place.

Force Majeure and Post COVID Travel

We shall not be liable for any circumstances beyond our control, including, but not limited to, acts of God, explosions, flood, forceful wind, fire or accident, war or threat of war, declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, sickness, epidemics, pandemics, quarantines, government intervention, weather conditions, defects in machinery or vehicles, delays or other unforeseen events (collectively, "Force Majeure").  We shall not be liable to you and shall not provide any refunds caused by delay or non-performance of any obligation under this agreement to the extent any such delay is due to Force Majeure.  If any of our travel Suppliers are affected by Force Majeure, they shall be entitled at their sole discretion to vary or cancel any itinerary or arrangement in relation to your trip without notice.

Hurricane Waiver

The official Atlantic hurricane season is June 1st to November 30th each year, with August through October being the peak months for tropical cyclone events.  The official Pacific hurricane season is May 15th to November 30th, with July through October being the peak months for tropical cyclone events.  You must sign our Hurricane Waiver if you are traveling between these dates to the Caribbean, Mexico, Hawaii or the South Pacific.  We also recommend our clients purchase travel insurance/trip protection during all travel, but highly recommend the purchase of travel insurance/trip protection during these months when traveling to the above mentioned destinations.  If a Hurricane Waiver is not received, we will not be able to proceed with booking your travel until a signed waiver for the primary traveler of your party is returned to us.

Passports, Visas and Driver's Licenses

It is your responsibility to be familiar with the laws and rules governing any visit to any country or region.  We may be able to assist you in acquiring the necessary travel documents upon your request.  It is not our responsibility to determine if any such documents are required.  We will not be held responsible in any way if you fail to have the proper Visas and/or documentation for entry into any country or region.  It is your responsibility to determine which documents are needed and to acquire that documentation.  If an accident occurs and you seek assistance from us, any and all alternate arrangements will be your financial responsibility.  It is your responsibility to ensure your passports are up to date and valid to enter any country.  It is not our responsibility to determine the validity of your passport or other travel document to enter any country or region.

Travel Protection

Missing a vacation is bad enough. Losing the money you paid for 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. You are required to select and purchase travel insurance yourself for domestic and international travel (not listed in the next sentence) experiences and tours. For Caribbean, Mexico and Cruise travel experiences, we can add travel insurance to your package when making your reservations. 

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 children must sail in a cabin with an adult over the age of 25 years of age. Discounts for children sharing a room as third-person may apply to children under 12 at some resorts on Caribbean and Mexico Tours. 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 will be traveling with an adult other than his/her parents, or with only one parent, a notarized letter written by the parents, or non-traveling parent, granting authorization to travel, including the dates of travel should be carried.  

Artificial Intelligence Usage

The Company and staff, officers, agents, contractors, representatives or owners may, on occasion, use systems and language partially generated with GPT-3.5 or GPT-4, OpenAI’s large-scale language-generation model. Upon generating draft language, the author reviewed, edited, and revised the language to their own liking and takes ultimate responsibility for the content of the publications.

Option to Terminate Agreement by Sea & Sun Travel Agency, LLC

The Agency shall have the option to terminate this Agreement by providing a written notice (email) to you for any of the following events or reasons:

• Payment of Planning Fees is denied by issuing card company and no additional form of payment is received within 48 hours of written notice of the original payment being denied.
• You fail to respond to any email, call, text or other forms of communication for the below listed reasons, after Agency believes a reasonable amount of time has passed (a minimum of 14 days).
  • Failure to provide passport or other government ID information as necessary for travel.
  • Client or updated client profile forms, as necessary and requested by Agency
  • COVID-19 waiver.
  • Travel Protection waiver.
  • Failure to provide payment authorization for any deposits or final payments for travel packages provided by Agency
  • Failure to provide payment for any changes or cancellations requested by you.
• If you verbally or in written form abuse any member of the Agency.
• If your demands exceed reasonable inquiries, expectations or time spent on responding to your inquiries/demands.
  • Examples: Excessive calls or emails within a 24-hour period; excessive changes, upgrades or downgrades to existing booked travel
• For any other reason that would be deemed appropriate based on your behavior or demands exceeding the normal course of business services we provide.

Arbitration

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.  If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration.  The arbitration shall be conducted in the following:

County of York, State of South Carolina.  The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class.  The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of South Carolina, County of York.  Each Party shall pay their own costs and fees.  Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations.  Intellectual property claims will not be subject to arbitration and may, as an exception to this sub-part, be litigated.  The Parties, in agreement with this sub-party of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Jurisdiction, Venue & Choice of Law

The Parties agree that the State of South Carolina shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between Group Leader and Advertiser or the exception of its conflict of law provisions.  In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: York County, South Carolina.  The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.  The Parties hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.

Changes to Terms and Conditions

We update Terms and Conditions periodically without notice.  For our most current Terms and Conditions, you may obtain them by email us at info@seaandsuntravelagency.com.  We will reply with a copy of our Terms and Conditions within 48 hours.

By submitting and authorizing us to charge your credit card as provided to us in the Planning Service Agreement OR by signing the Planning Service Agreement you have agree to this Agreement and you acknowledge and agree to the entirety of this Agreement including cancellation terms shown above.  You acknowledge receipt of notice herein concerning travel during a pandemic or other health emergencies and that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and restrictions due to COVID-19.  You take full responsibility for your actions with regards to COVID-19 and you take full responsibility for your actions and for parti(es) booked under your name as the lead traveler.  You acknowledge the risks to you if you do not purchase travel insurance.  You further acknowledge reading these terms and conditions by paying our planning fee and/or giving a deposit or making a booking and you indicate that you fully understand and agree to our cancellation policies.  This Agreement is the entire understand and agreement between you and us as it pertains to your travel arrangements.  No delay or failure by either party to exercise or enforce its rights shall constitute a waiver of rights.  If any provision of this Agreement shall be unlawful or unenforceable, then that provision shall be deemed severable and will not affect the validity of remaining provisions.  You acknowledge that you have received a copy of the Planning Service Agreement that reference these Terms and Conditions.

If rebooking is requested, we will assist with obtaining any refunds due to rebooking trips using future cruise or travel credits, but we may, at our discretion charge a non-refundable fee for that service.