Terms & Conditions
Agreement
By registering for this program, you hereby acknowledge and agree to accept all terms and conditions contained herein (“Agreement”). You (“You”, “Your”) are agreeing to participate, and/or for your minor child (under 21) to participate, in a full-service group educational travel experience (“Program”), operated by Family Memories Travel, or one of its affiliate businesses (hereinafter, collectively, “Family Memories Travel”, “Us”, “Our”, or “We”). Further, by registering for your minor child to participate in Program, you are assuming full responsibility for said child’s actions and omissions, their compliance with these terms, and all such liability as may accrue thereof.
Because of the unique nature of group travel, many elements of Your Program and itinerary may be selected and/or scheduled at the direction of Your group’s Program Leader (the teacher, administrator, or parent from Your school or community), who will act as Your group’s representative (“Program Leader”). Further, please note that, while Family Memories Travel and its affiliates will arrange the various travel elements for Your trip, the total price quoted for Your Program includes additional pre-trip services, including but not limited to the development of the associated educational content and materials, the printing and distribution of Program materials, the costs associated with Our various group health and safety measures, and the administrative and service costs and fees associated with travel planning and group management.
Waiver & Release
All minor participants (under 21) must return a signed Parent Permission Form at the time of registration. This form can be viewed and agreed to online and must be signed and returned to Family Memories Travel prior to Your ticket purchase.
Flexible Payment Options
We provide options and flexibility to make Our educational experiences more accessible. These may include, at Our sole discretion, the following:
- Full Payment: Payment in full; or
- Monthly Payments: Use Family Memories Travel’s payment program by establishing automatic payments to be debited from credit or debit card each month; or
- Installment Plan: Make regularly agreed-upon scheduled installment payments under a manual installment plan.
Whatever option You choose, please note that Your account must be paid in full by the final payment deadline, as stated on Your trip information letter, or Your account will be subject to cancellation.
Late Registration, Late Payment, and Fees
Family Memories Travel charges a fee for any late payments made after any scheduled installment date in the amount of $15. No personal checks or business checks will be accepted. There is a $35 service charge on declined credit cards or declined debit cards.
Program Fees
All packages are based on a minimum number of persons traveling in Your group. Any decrease to the number of persons may increase the price.
The price quoted is per person quad occupancy, unless noted otherwise, and the price is subject to adjustment, at the sole discretion of Family Memories Travel, if the number of participants varies from the estimated number. Family Memories Travel reserves the right to cancel a trip, change the itinerary or adjust rates whenever, if in its sole judgment conditions warrant, or if Family Memories Travel deems it necessary for participant comfort, convenience, or safety.
The price quoted is subject to adjustment if the minimum enrollment is not met, if the Program content or itinerary changes, or in the event of circumstances beyond Family Memories Travel’s direct control. These include, but are not limited to, increases in travel security charges, government-imposed fees and taxes, costs related to or resulting from government or carrier-imposed safety measures, fuel and energy costs and charges, and airline, vendor, or group-imposed schedule changes or delays.
You assume full responsibility to pay all debts incurred by your child participant during the trip and You must reimburse the hotel, bus company, or trip supplier for any damages suffered by them due to the action or omission of such child participant during the trip.
Non-Refundable Fees
Deposits, Program fees, any handling charges, merchandise fees, fees for returned checks, fees for declined credit cards or electronic drafts, late payments, and registration fees are not refundable under any circumstances. Further, by registering for this Program, You agree to pay all such fees as Family Memories Travel may charge, at their sole discretion, and You also agree that You will not dispute or “chargeback” any fees with Your credit card company or other such financial service, and that any and all disputes are to be resolved in binding arbitration as described herein or are otherwise hereby stipulated by You to be invalid and without merit.
Program Fee Exclusions
Unless specifically stated in Your registration materials, Family Memories Travel’s Program prices do not include passport fees, visa fees, baggage charges, porterage at airports and hotels, gratuities to guides or bus drivers, private or small group fee, expenses incurred during free time, optional excursions, trip extensions, local transportation to unscheduled activities, transportation from Your home to the origination point of the Program, overnight lodging and meals prior to departure or upon return from a Program.
Cancellations
All cancellations must be made in writing by the person listed on the registration form to Your account representative or customer service at april@familymemoriestravel.com and must be dated at least 48 hours prior to the group’s departure. It must include the participant’s name, and complete address. The Program Leader may cancel the Program on behalf of the entire group, or any individual participant.
The services and value We provide begin long before Your date of departure, and We incur significant unrecoverable costs as Your departure date approaches. Therefore, all fees paid up to the point of cancellation are non-refundable.
Travel Insurance
All participants have an option to purchase travel insurance with up to $25,000 accident and sickness medical coverage. The optional insurance that includes a Cancel for Any Reason (CFAR) clause will reimburse up to 75% of the nonrefundable trip costs (subject to $10,000 minimum). Trip cancellation must be 48 hours or more prior to scheduled departure. See the insurance plan documents for general limitations and exclusions.
Occupancy Rates
Upon registration, minors (under 21 years old) are automatically registered and priced on the quad occupancy rate (minimum 4 per room) by default. Adults (21 and older) are registered and priced at double occupancy by default, unless otherwise noted on their registration form. When appropriate, parents/guardians and children requesting to share a room MUST note the appropriate occupancy rate when registering for the tour. Family Memories Travel makes all reasonable efforts to accommodate but does not guarantee occupancy requests. Family Memories Travel and Our hotel partners prohibit minors (under 21 years old) from rooming single occupancy.
Room Use
The rooms in Your Program are for use solely by the members of Your youth group (who You represent to Us are under the age of 21) and their adult chaperones (who must be age 21 or older).
Non-Smoking Policy
Please note that hotel guest rooms and buses are non- smoking. Designated smoking locations are available. A cleaning fee may be charged for smoking in a hotel guest room or bus, and You will be responsible for payment of such.
Program Information Itinerary
Prior to departure, You will be sent details regarding bus and hotel information, departure and return times, packing tips, drop-off/pick-up locations, etc. Charter pick up times, itineraries, tour leader(s), and hotel information are subject to change. This is especially true when participating in an event where Family Memories Travel is subject to the Program hosts’ schedule, accommodations, and transportation.
Program Changes
Family Memories Travel and the Program Leader accompanying the trip reserve the right to make additions and deletions to the Program as believed advisable or necessary for the well-being of the group in their sole discretion. Program Leaders and their chaperones are not employees of Family Memories Travel.
Changes or substitutions in hotels, itinerary, inclusions, or airports may be made depending on Your travel dates, arrival and departure times, national holidays, and events beyond Family Memories Travel’s control at the discretion of Family Memories Travel as it deems necessary or desirable. On certain dates some attractions or activities may be closed, and the availability of some venues advertised or communicated cannot be guaranteed. Some venues may require special equipment. Venues may also close without prior notice due to public holidays, festivals and routine maintenance. In these instances, no refunds can be given. Whenever possible, suitable alternatives will be provided.
Travel Documentation
Every participant must have the required documentation necessary to participate in the trip prior to the date of departure, including documentation and/or identification satisfactory to Family Memories Travel documenting date of birth and that fully matches the name provided to Family Memories Travel for inclusion on travel documentation. Identification must meet any other applicable compliance requirements issued by the Transportation Security Administration or similar agencies as may be applicable.
Family Memories Travel provides online and customer service to keep the participant’s information current and it is the Your sole responsibility to assure that participant information is fully up to date no later than 60 days prior to the group’s departure date. If changes occur after that date, the You must contact customer service and additional change fees may apply. Visit the Transportation Security Administration website at www.tsa.gov for more information.
If a participant is unable to travel due to the lack of a proper identification, passport or visa, or necessary inoculations, the standard cancellation policy will apply. Reservations are not transferable at any time.
Force Majeure
If the performance by either party of any obligation under this Agreement (other than any payment obligation) is directly delayed or prevented in whole or in part by any cause not reasonably within its control (including, without limitation, bites or attacks by animals, insects or pests, sickness, acts of God, acts of domestic or foreign terrorism or the threat thereof, war, civil disturbances, accidents, pandemics, shelter in place orders, quarantine orders, orders of state, local or federal officials, weather, criminal activity, damage to facilities; but excluding, if You are booking Your Program for a third party, any cause within the control of that third party), it will be relieved of performance of such obligation (and the other party will be relieved of its obligation to pay for such performance) to the extent such performance is so directly delayed or prevented, without liability of any kind. Nothing in this Agreement will be construed as requiring either party to accede to any demands of labor or labor unions, suppliers or other entities that it considers unreasonable. Each party will use reasonable efforts to minimize the duration and consequences of any failure of or delay in performance resulting from a "force majeure" event.
Responsibility
Family Memories Travel, its employees, shareholders, officers, and directors does not own or operate any entity which is to or does provide goods or services for Your trip, including, but not limited to, lodging facilities, transportation companies, guides or trip leaders, food service providers, equipment suppliers, ground operators, theme parks, etc., including, without limitation, various entities which may utilize the Family Memories Travel name. Family Memories Travel is not responsible for any negligent or willful act or failure to act of any such person or entity, nor for any act or inaction of any other third party not under its control.
Without limitation Family Memories Travel is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, breach of contract of any third party, such as an airline, train, hotel, restaurant, or food supplier; bus, taxi, van, or local ground handler; theme parks and/or destinations; local outfitter or guide, which is, to, or does supply any goods or services for Your Program.
Family Memories Travel is not responsible for any loss, injury, death, or inconvenience due to delay or changes in schedule or failure of any transportation mechanism to arrive or depart safely; supplier default or inability to perform services; overbooking or downgrading of accommodations; change in school or sponsoring institution policy; insolvency or default of any third party; acts of government; strikes or labor disputes; the lack of appropriate medical care; lack of supervision of children or any other party and/or any harm or damaged suffered thereof; evacuation requirements, if necessary; including, without limitation, any Force Majeure event as defined herein; or any other cause beyond its control.
Indemnification
You will defend (if requested by and with counsel satisfactory to Us), indemnify and hold Us, Family Memories Travel and the officers, directors, agents, employees, heirs and assigns of Us, harmless from and against any and all claims, suits, damages, liabilities, losses, costs and expenses of any nature (including, without limitation, attorneys’ fees and costs through and including any appeal) arising from or relating to:
- Your sales, advertising or promotion of Your Program or any part thereof; and/or
- any act or omission of You or Your children, officers, directors, agents, employees, contractors or subcontractors or the group and/or their guests; and/or
- any failure by You or Your minor child participant to perform any of Your or Your minor child participant’s obligations under this Agreement; and/or
- any injuries to any of the group guests, except to the extent such injuries are caused by Our gross negligence or willful misconduct.
Chaperones
The school is responsible for providing chaperones to actively supervise all minors in Your group. Chaperones are not employees or agents of Family Memories Travel. You acknowledge that neither We nor Our parent, subsidiary, or other affiliated or related companies will have any responsibility to supervise the minors in Your group.
Expected Conduct
Each participant is expected to act responsibly and adhere to reasonable behavior guidelines established by the participating Program Leader and chaperones. Family Memories Travel will not be responsible for participant behavior or discipline during the tour and will not tolerate bullying or any form of harassment. Any failure to respond to the guidance of the Program Leader and chaperones and to the group’s behavior guidelines will result in the immediate return home of the offending participant. Any participant sent home for behavior or disciplinary issues will be sent at the sole expense of the parent/guardian. Additionally, You shall hereby defend, indemnify, and hold harmless Family Memories Travel against any and all third-party claims arising out of any of your or your minor child participant’s conduct or omission in breach of these terms and conditions or that otherwise create liability for Family Memories Travel. Consumption or possession of alcoholic beverages or drugs of any kind for which participants do not have a valid prescription, behavior infringing upon the ability of others to enjoy the Program, or compromising participant’s own or others’ safety, or is otherwise inappropriate, or violates the law as well as violation of certain other rules, constitute grounds for immediate expulsion. Family Memories Travel is committed to providing an environment that is free from harassment. Harassment based upon an individual’s sex, sexual orientation, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated.
Medical Conditions
Family Memories Travel does not have physician, physician’s assistant, nurse, or other medical personnel on staff or available to tend to participants. You agree that any participant medical or physical problems that could in any way impact their participation in the tour or impact upon others' participation must be made known to Us prior to departure. We retain the right to request medical clearance or any other information or to refuse any participant applicant at any time for any reason whatsoever at Our sole discretion. Family Memories Travel is not responsible for the storage or administration of any medication.
Please note, You are solely responsible for participant pre-Program, Program, and post-Program medical care in all respects, including, but not limited to, obtaining and taking necessary medication(s), vaccinations, and any other medical care and treatment.
Travelers with Disabilities
Family Memories Travel happily welcomes all participants on Our tours. However, the trips are fast paced, require a great deal of walking, and can be physically demanding. Due to these restrictions, participants may not be able to fully participate in the tour. Furthermore, Family Memories Travel is not responsible for any denial of service by carriers, hotels, restaurants, and other independent suppliers, and cannot refund the cost of any activity in which participants are unable to participate. We encourage that any disability requiring special attention be reported to the Program Leader and Family Memories Travel at the time You make Your reservation. Family Memories Travel will make reasonable attempts to accommodate special needs but does not guarantee such. Travelers requiring extraordinary assistance must be accompanied by a paying companion who is capable of and totally responsible for providing the necessary assistance.
Special Dietary Requirements
Family Memories Travel cannot be responsible for accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any problems associated with the same. All issues regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the participant.
Photographs and Videos
Family Memories Travel reserves the right to take photographs and videos during tours and of participants and to use those photographs and videos in Our promotional materials without compensation. We will ask for Your permission before using a recognizable photo of You and/or Your participant. If You find that You don't like a particular use of a photograph or video of You and/or Your participant in Our materials, please notify Us. In the case of electronic media (e.g. website or social media), We will remove it immediately. In the case of printed material (including CDs/DVDs), We will not include it in future printings.
Personal Property
You are fully responsible for any costs arising from the damage, loss, or theft of any of your or your minor child participant’s personal property during the Program. Family Memories Travel assumes no responsibility for participants’ personal property.
Arbitration
Any dispute concerning these Terms & Conditions and/or any other matter concerning the trip, including, but not limited to, any events and circumstances occurring during the trip, shall be resolved exclusively by binding arbitration in Alabama, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Alabama law. 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 Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By accepting these Terms and Conditions, You are irrevocably, unconditionally, and expressly submitting to binding arbitration, in lieu of having any such dispute decided in a court of law before a jury.
Severability
If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.