CHARGEBACKS
We at Travel Agency understand that travel may not go as planned. If there is any refund owed, Travel Agency will put forth our best efforts to provide that refund to the passenger. Travel Agency works with third parties and there may be a delay in obtaining refunds from that third party to then provide passenger with the refund. This process may take a while. We ask for patience in this process and that you do not request a chargeback with your credit card company. Going through this process will cause a delay in the refund process.
If you decide to request a chargeback from your credit card company, Travel Agency must charge a $100.00 fee to cover the time and effort to provide information to your credit card company. This will be charged regardless if the chargeback is successful.
We at ITWS reserve the right to collect any and all funds via small claims court associated with a chargeback, including any & all legal fees, if they are done under false & fraudulent pretenses in the county of the principal business address, which is Denton/Dallas County, TX
RELEASE FROM LIABILITY
Travel Agency, its shareholders, directors, officers, employees and affiliates, does not own or operate any entity that provides goods or services for your vacation including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Travel Agency 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. Travel Agency has no control over the activities at resorts or locations. Passenger is aware that the facility may change, postpone, or cancel any scheduled activities and passenger holds Travel Agency harmless if this occurs.
Without limitation, Travel Agency is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, items listed in the force majeure clause, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, skating etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics/pandemics or the threat thereof or for any other cause beyond the direct control of Travel Agency. In addition, I release Travel Agency from its own negligence and assume all risk thereof.
FORCE MAJEURE
There may be times when either party are unable to perform, or complete performance, under the travel contract for reasons out of each other’s control. These are called force majeure events and if occurs, make performing under the contract inadvisable, commercially impracticable, illegal, or impossible. Events that may trigger this provision include, but are not limited to, acts of God, acts of government, acts of war or civil unrest, insurrection or revolts, military action, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, pandemics, epidemics, illnesses or health conditions prevalent in the area of travel, earthquakes, hurricanes, lightning, and explosions, unexpected legislation, or any other event outside the reasonable control of either party.
In the event that a force majeure event occurs, the parties will look to and follow the cancellation policies of the suppliers, what is stated in the travel proposal and these terms & conditions. Any changes to those policies are at the sole discretion of the supplier (if applicable) and Travel Agency. Passenger will be informed of their options if a force majeure event occurs.
TRAVEL & COVID-19 /Monkeypox
In Spring 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Center for Disease Control (CDC) issued several preventative measures to combat the virus, such as frequent hand washing, wearing a mask or face covering and keeping at least 6 feet away from others. If contracted, this virus has the ability to cause the traveler serious and severe illness. For more information on the COVID-19 virus, please visit the CDC webpage at www.cdc.gov.
By purchasing travel through Travel Agency, you understand that COVID-19 is a highly contagious virus that can be spread via person-to-person contact. Travel agency will take reasonable efforts to provide the best available information regarding the pandemic-protective policies and practices of the vendors and suppliers in the travel itinerary.
As a traveler, you understand that travel agency’s supplier(s) may have policies in place to help prevent the spread of COVID-19. Travel agency is not the drafter or holder of those policies and these policies can change at any time. The supplier(s) may not apply those policies as diligently as the policies suggest and even if the supplier makes a good faith effort to enforce its good practices, some travelers may simply refuse to cooperate.
Each state/country institutes their own pandemic-protective policies and regulations. As a traveler, you further understand that you are responsible for knowing, understanding and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all state(s)/country(ies) listed in the travel itinerary, including any policy updates. Entry into another country may be denied for reasons within or outside of anyone’s control. By traveling, you can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s). You are responsible for knowing, understanding and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all vendors used in your travel itinerary, including any policy updates.
With full awareness and appreciation of the risks involved, you, for yourself, and on behalf of my traveling companions, including, but not limited to, your family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, assume all risks of travel and hereby forever hold harmless, waive, discharge, and release travel agency its officers, agents, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties or any third-party vendor or supplier partnering with travel agency. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury or harm, death, loss of use, monetary loss, or any other injury from or related to my use of travel agency services, or the services of travel agency’s suppliers or vendors, specifically related to Monekypox or COVID-19.
TRAVEL INSURANCE:
Working with Travel Agency to purchase your vacation is an investment. Protect your investment by securing travel insurance. Travel insurance can assist with reimbursing you for the cost of your vacation due to events out of your control, such as illness, injury or death of you or a close family member. It can also assist if you become ill while traveling or are quarantined. Travel Agency is not responsible for any costs associated with the risks of traveling or having to cancel your vacation for reasons within or outside of your control. Travel insurance is not a requirement but is HIGHLY RECOMMENDED.
ASSUMPTION OF RISK:
Passenger is aware that the travel itinerary may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Travel Agency, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Passenger is aware that weather conditions may not be desirable, severe, adverse and/or unpleasant. Passenger is also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the vacation.
In order to partake of the enjoyment and excitement of this vacation, passenger affirms that I am willing to accept the risks and uncertainty involved as being an integral part of my vacation. Passenger hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Travel Agency and agree to hold harmless and release Travel Agency from claims of third-party negligence. Passenger understands the physical requirements of the activity(ies) in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this vacation and I am willing to assume all risks that may be created, directly or indirectly, by any such condition. Passenger hereby authorizes Travel Agency or my local ground handler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent.
BINDING ARBITRATION:
Passenger agrees that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Texas law and will take place in Dallas or Denton County , Texas.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
MODIFICATION & WAIVER:
No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the Parties. No failure of Company to exercise any power reserved to it under this Agreement, or to insist upon strict compliance by the Contractor with any obligation or condition under this Agreement, and no custom or practice of the parties in variance with the terms of this Agreement, shall constitute a waiver of Company’s right to demand exact compliance with the terms of this Agreement.
VOLUNTARY PARTICIPATION:
Passenger acknowledges that I have voluntarily chosen to participate on the vacation illustrated in the travel proposal and that I have read the description of the vacation, together with all information contained on the itinerary. I am voluntarily participating in this vacation with knowledge of the hazards involved.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties. Consultant represents and warrants that it is not relying on any statement or representation not contained in this Agreement. To the extent any terms set forth in any exhibit or schedule conflict with the terms set forth in this Agreement, the terms of this Agreement shall control unless otherwise expressly agreed by the Parties in such exhibit or schedule.
SEVERABILITY:
If a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
KNOWING AND VOLUNTARY EXECUTION:
Passenger agrees that I have carefully read these Terms and Conditions and the vacation itinerary, and fully understand its contents, including cancellation policies and penalties. I am aware that this is a release of liability and a contract between myself and Travel Agency and agree of my own free will. By submitting a deposit, I agree to these Terms & Conditions and Travel Agency's Release from Liability, Assumption of Risk and Binding Arbitration Clause for myself, each member of my traveling party and any minor children accompanying me.
RESCHEDULE Policy:
If we have to reschedule because of the talent is unable to attend due to unforseen circumstances, the event will be rescheduled & tickets/payments will still be in good standing for event. In the event you are unable to attend the reschedule date a partial refund will be available within 60 days of your notice. 50% fee will be deducted from refund. MINUS THE DEPOSIT. APPLIES ONLY TOWARDS THE PACKAGES YOU HAVE PAID THROUGH ITWS ONLY
Fees & Cancellation Policy: Customer shall pay the total fees set forth below to Producer. All amounts due to Producer under this agreement are unconditional obligations of Customer and shall be paid to Producer as described herein and are nonrefundable. There are no refunds unless the Producer cancels the event. You understand? If ITWS cancels not due to talent not being able to attend it can take up to 60 days for all refunds, they will be paid out the order received. If TALENT/GROUPLEADER/INFLUENCER cancels or can not make it due to unforseen reasons- the event may still go on or be rescheduled. MINUS THE DEPOSIT. APPLIES ONLY TOWARDS THE PACKAGES YOU HAVE PAID THROUGH ITWS ONLY If rescheduled see the Reschedule policy.
MISSING PAYMENTS;
You are allowed up to 2 missed payments during the duration of the payment plan as long as the payment plan allows 6 + payments. If you have less than 6 payments to be made this does NOT apply to your payment plan. You will be charged a reinstatement fee of $100 each instance if they are missing & are non-consecutive. This does NOT GO TOWARDS YOUR BALANCE
LATE PAYMENT FEE:
There will be a $25 fee charged & paid separately if payment is not paid on the due date
THIS DOES NOT GO TOWARDS YOUR BALANCE
REINSTATEMENT FEE:
$100 Reinstatement fee if we have canceled you. You will only be reinstated 1x
THIS DOES NOT GO TOWARDS YOUR BALANCE
Manual Payment/Stop payment/Turn off AUTo Pay:
If we have to send you an invoice because you have turned off Autopay or have to stop payment & you have not given 5 business day notice. You will be charged $25 fee. To be paid prior & separate.
THIS DOES NOT GO TOWARDS YOUR BALANCE
REFUNDS: If you are entitled to a refund, the process can take up to 60 business days from the day you’ve got a confirmation of a refund. Refunds do NOT INCLUDE ANY FEES PAID: IE YOUR PAYMENT IS 240.23 + 36.73 FEES(NOT REFUNDED) YOU WLL ONLY GET A REFUND OF 240.23- ANY % OF THE POLICY YOU FALL UNDER
BUSINESS = MON-FRI ONLY. SEE CANCELATION/RESCHEDULE POLICY