These terms and conditions (“Terms and Conditions”) govern the relationship between
Windblown Travel, LLC d/b/a Windblown Travel (“Windblown” and/or “we/us/our”) and you,
the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel
with Windblown, you agree to be bound by these terms and acknowledge that Windblown acts
solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels,
airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and
other independent contractors providing accommodations, transportation, and other services
(“Supplier(s)”) and is not the source or provider of the travel services. These terms include
warranties and disclaimers and exclusions of liability and may restrict your rights and remedies
and provide protection to Windblown.
1. USE OF WINDBLOWN SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into
this Agreement and to make travel bookings with Windblown. You agree to be financially
responsible for all of your travel bookings made on behalf of yourself and any member of your
traveling party and warrant that all information supplied by you on behalf of yourself, members
of your household, or others for whom you are authorized to transact business with us is true
and accurate. You agree that you will only make legitimate reservations or purchases with
Windblown and its Suppliers, and acknowledge that, without limitation, any speculative, false,
or fraudulent reservation is prohibited.
All bookings are accepted by Windblown as agent for the travel Suppliers on your itinerary.
Separate Supplier terms and conditions will apply to your reservation and purchase of travel-
related goods and services that you select, and you understand and agree to abide by the terms
and conditions of purchase imposed by any Supplier that you have selected as a service
provider on an itinerary you have approved.
Windblown is an Independent Contractor of Outside Agents, California Seller of Travel
2090937-50 (Registered Affiliate), Florida ST15578, Washington 603189022. Registration as a
seller of travel does not constitute approval by the State of California.
2. PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising
out of your travel bookings through Windblown. By submitting a credit card authorization form
to Windblown, you agree to allow Windblown to use your payment method to purchase travel
products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT
TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE
ANY BOOKING TERMS AND CONDITIONS OF WINDBLOWN OR ITS SUPPLIERS, INCLUDING
CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE
CONTROL OF WINDBLOWN OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR
RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, WINDBLOWN RESERVES THE RIGHT TO
COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK,
REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and
conditions of booking. You understand that failure to make final payment or any violation of a
Supplier’s conditions of purchase may result in cancellation of your reservations, in your being
denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting
any monies paid for your reservations. In some cases, there is NO REFUND once a booking is
made and under deposit. You may not be entitled to a refund if you change or cancel your
travel plans after confirmation of a booking. All cancellation requests must be sent to
Windblown in writing. As a result of cancellation, third-party Supplier’s cancellation penalties
will apply. Cancellation fees will be charged to the credit card or other payment method you
authorized to pay for travel services or deducted from the Supplier’s refund.
3. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION
REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other
documents required by applicable government regulations. When traveling domestically or
internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of
Homeland Security (DHS) advise that everyone carry acceptable identification in order to board
a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-
information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport,
a foreign government passport. The name, date of birth and gender that appears on the
identification card must exactly match the same such data that is listed on airline ticket(s) and
booking records. You acknowledge any failure to strictly comply with these requirements may
result in denied boarding or an undue delay at an airport security checkpoint causing Client to
miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO
REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT WINDBLOWN IMMEDIATELY
IF CHANGES OR CORRECTIONS ARE REQUIRED.
Windblown strongly recommends that you take into account that certain countries will not
admit a passenger if their passport expires within six (6) months of the anticipated date of
return. Non-United States citizens may require additional documentation. Client is responsible
to make Windblown aware when traveling on a passport from a country other than the United
States of America. Windblown neither controls nor warrants the issuance of visas or approval of
visa waivers related to your travel. Should a visa not be issued, Windblown is not responsible
for lost payments made toward the contemplated trip. Please note that rules of each country
regarding entry and exit change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent, and/or
without both parents, may be stopped and not admitted, unless authenticated and verified
consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article-
3643 for additional information. The U.S. Customs and Border Protection Agency requires that
for groups of children under age 19 arriving to the United States by land or sea from contiguous
territory and traveling with a school group, religious group, social or cultural organization, or
sports team, may also present an original or copy of his or her birth certificate, a Consular
Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must
be provided to the supervising adult/Group Leader in writing.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their
boundaries. If you have a current or prior criminal offense, contact that country directly for
entry and exit requirements. You can visit the US State Department Website for further
information about these requirements. See, https://travel.state.gov/content/travel.html. We
do not inquire about an individual’s criminal record in the interest of respecting our Clients’
privacy. For example, if traveling to or through Canada, individuals with a Driving While
Intoxicated (DWI) record should review current entry requirements. See:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-
canada/inadmissibility.html.
5. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s
luggage or on the passenger’s person. A violation can result in five years’ imprisonment and
penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives,
compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active
materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and
radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and
toilet articles carried in the passenger’s luggage and certain smoking materials carried on the
passenger’s person. For further information, each passenger should contact the relevant airline
representative(s) on their itinerary. Restrictions on hazardous materials are listed
http://www.tsa.gov/traveler-information/prohibited-items.
6. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to
treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is
on the DOT’s website and is updated from time to time: http://www.dot.gov/office-
policy/aviation-policy/aircraft-disinsection-requirements.
7. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of
such immunizations and screenings before travel. Windblown shall not assume responsibility
for the accuracy of health, vaccination, or documentation prior to departure or upon landing at
the final destination. In some cases, required inoculations must be recorded by Client’s health
practitioner on a valid vaccination certificate, which the Client must carry for proof of
inoculation. If you are concerned about taking any medications or receiving certain
inoculations, check with your health practitioner BEFORE booking. Check the State Department
Web site http://travel.state.gov, for relevant information relating to travel to specific
destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to
health issues related to travel.
8. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Windblown shall not assume any responsibility for any air schedule changes. In rare instances,
upon departure from a country, certain departure taxes must be paid in cash only, and may
vary in price. Failure to use a reservation may result in automatic cancellation of all continuing
and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary
fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours
prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time
for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure
time for domestic flights, and 72 hours prior for international flights.
9. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve
the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier
promotions are subject to availability and may change without notice. Prospective Clients are
advised to reserve early to avoid disappointment, increases in fares and additional late booking
fees.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND
ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be
entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of
passengers falls below the minimum required, a surcharge may be imposed, or the tour may be
canceled. Any cancellations of a tour or package for reason of failing to meet the minimum
traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or
during your trip, we will attempt to assist you. Certain bookings may not be able to be changed.
All requests for changes to a booking must be made in writing to Windblown.
The Supplier may determine that alterations in itinerary are necessary for any number of
reasons, including but not limited to severe weather. Any alterations to an itinerary are at the
sole discretion of the Supplier, and Windblown bears no responsibility for any changes.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Windblown acts solely as a booking agent for disclosed principal Suppliers and is not the source
or provider of any travel service. Each Supplier is an independent entity with its own
management and is not subject to the control of Windblown. The Suppliers whose names
appear in travel documentation are those actually responsible for providing the travel services
purchased, and you consent to the use of those Suppliers.
BECAUSE WINDBLOWN ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT
HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND
SUPPLIERS, YOU AGREE THAT WINDBLOWN IS NOT LIABLE FOR ANY PERSONAL INJURY OR
PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. WINDBLOWN HEREBY
DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR
SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH WINDBLOWN,
INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS,
ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT,
NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY
SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES,
INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR
INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL
INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF
WINDBLOWN’S CONTROL, AND YOU HEREBY EXONERATE WINDBLOWN FROM ANY LIABILITY
WITH RESPECT TO THE SAME.
WINDBLOWN HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND
CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM WINDBLOWN WILL BE
LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY WINDBLOWN.
12. RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. Windblown urges Clients to
remain informed on a daily basis as to current news events, as well as to review travel
prohibitions, warnings, announcements and advisories issued by the United States Government
prior to booking travel to international destinations. Information on health and safety
conditions in various countries and the level of risk associated with travel to particular
international destinations can be found at http://www.state.gov, http://www.tsa.gov,
http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The
Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to
U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter
information about your upcoming trip abroad so that the Department of State can better assist
you in an emergency. Registration is recommended and provided by going to
https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WINDBLOWN DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK,
AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL
TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH
EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once Windblown has investigated the
prevailing situation, Windblown shall have the sole and absolute discretion whether to proceed
with any Windblown escorted trip or private departure, or to make alterations to the itinerary.
13. FORCE MAJEURE
Windblown will not be in breach of these terms and conditions or otherwise be liable to you,
for any failure or delay in performing an obligation under this Agreement that is due to any of
the following causes, to the extent beyond its reasonable control: acts of God, accident, riots,
war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of
communication facilities, including web host and internet service provider, breakdown or
malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes
including, but not limited to extreme weather events, floods and volcanic eruptions,
governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion,
generalized lack of availability of raw materials or energy, and any other unforeseen
circumstance which is beyond the control of Windblown. THE PURCHASE OF TRAVEL
INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of Windblown’s Suppliers have terms and conditions which include Force
Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be
entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary
or arrangement in relation to the trip. Payment of any refund to you as a result of the non-
performance of any obligations hereunder shall remain in the sole and absolute discretion of
the Supplier, pursuant to their policies, although Windblown shall use its reasonable efforts to
secure reimbursement for you where possible.
14. CLIENT CONDUCT
Each participant in any trip escorted by Windblown is expected to act responsibly and adhere to
all behavior guidelines established by Windblown and our Suppliers. Windblown and all local
Suppliers reserve the right to remove you from any facility, hotel or resort property, tour
location or means of transportation if your health or your conduct appears to endanger
yourself or others, disrupts the general well-being of other clients on any element of your trip,
or interferes with the operation or security of the places we visit. In any such case, there will be
no refund.
When you book with Windblown, you accept responsibility for any damage or loss caused by
you. Full payment for any such damage or loss (reasonably estimated if not precisely known)
must be paid directly at the time to the accommodation owner or manager or other Supplier.
You must indemnify us for the full amount of any claim (also including legal costs) made against
us. We are not responsible for any costs incurred concerning a guest removed from a trip, or
any portion of a trip. You agree not to hold Windblown or any of its related entities liable for
any actions taken under these terms and conditions. Baggage and personal effects are at all
times the sole responsibility of the participant.
15. TRAVEL INSURANCE
WINDBLOWN OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR
INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED
IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER
DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR
CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION &
REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS,
JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL
ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU
FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance,
Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason,
portions of the trip/tour may not be refunded and Windblown’s and travel Suppliers’
cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s
travel booking and related costs. The purchase of travel insurance is not required in order to
purchase any other product or service offered by Windblown, however if you decline to
purchase insurance, Windblown will require that you execute an insurance waiver. Windblown
is not a licensed insurance broker, and its advisors are not qualified or authorized to answer
technical questions about benefits, exclusions, and conditions of any of the insurance offered,
nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An
additional charge applies for any travel insurance selected. WINDBLOWN CANNOT GUARANTEE
THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE
INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR
ANY POLICY IT MAY OFFER OR QUOTE.
16. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time.
Updated versions of the Terms will be provided to Clients, will be posted on our website and
are effective immediately on posting.
17. GENERAL
The laws of the State of Indiana govern these Terms and Conditions. You hereby consent to the
exclusive jurisdiction and venue of courts in St. Joseph County, Indiana in all disputes arising out
of or relating to travel bookings with Windblown.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision and
agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute
the entire agreement between the Client and Windblown with respect to travel bookings made
with Windblown by any means, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between Client and
Windblown with respect to communications with Windblown. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms and Conditions to the same
extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form.