Reserving Your Travel with Carolina
Visionary, LLC dba Noire Escapes
Terms & Conditions
We at Carolina Visionary, LLC dba
Noire Escapes strive to bring you the best travel experience. The following
terms and conditions “terms” apply to all travel products and services
purchased. Please review these terms in
detail as by purchasing any travel product or service you are bound by the
terms set forth in this agreement.
These terms and
conditions are in effect as of October 7, 2020.
“Affinity Group” refers to passenger-lead travel groups.
“Deposit” refers to the amount of money paid to Travel
Advisor to reserve passenger’s vacation.
“Final Payment” or “Final Payment Date” refers to the date
the vacation must be paid in full.
“Sponsored Group” refers to groups lead by Travel Advisor or
their representative(s), shareholders, directors, officers, employees,
affiliates, officers, agents, independent contractors, successors, and assigns.
“Travel Agent” or “Travel Agency” refers to Carolina
Visionary, LLC dba Noire Escapes.
“Travel Proposal” refers to either the
Complete travel itinerary, with associated policies,
terms & conditions, proposed and agreed to by passenger after a request for
travel services; or,
The itinerary proposed by Travel Advisor for Travel
Advisor sponsored travel.
“You”, “Your”, “ Yours”, “Passenger” refers to you, the
traveler and all individuals in your traveling party.
Travel Advisor will work with you to provide a memorable travel
experience. Travel Advisor does not provide the travel services, rather we
partner with various tour operators and travel providers to bring that
experience to you. As the passenger, you understand that Travel Advisor acts as
an intermediary between you, the passenger, and third-party suppliers.
By submitting a deposit or payment, you:
accept Travel Advisor’s Terms & Conditions as stated
Travel Advisor permission to accept the terms & conditions of the third-party
supplier on your behalf. All the terms & conditions applicable to your
vacation will be reviewed with you in your travel proposal.
agree to abide by the terms & conditions and policies of both the
third-party supplier and Travel Advisor.
Any violation will constitute a breach and forfeiture of any
and all payments.
serves clients based within the United States. All clients must be 21 years of
age or older to purchase travel services. Any travelers under the age of 17
must be accompanied by a parent or guardian 18 years of age or over. If a
traveler is not traveling with a parent, the airline/resort may require
parental consent via a notarized letter from the parent allowing the child to
travel with the guardian. Please contact Travel Agency for more information.
Traveling is a great way to take time away from the normalcy
of life. We at Travel Advisor strives to make this process as smooth and easy
as possible. To do so, there are certain documents you need to ensure a safe
and uneventful travel experience. Please see below regarding the documentation
needed in order for you to travel. Travel Agency is not responsible for any
travel issues or increased costs due to passenger not having the correct
DOMESTIC TRAVEL: If
you are traveling within the United States or any of its territories, valid
state-issued identification is required. This can be a driver’s license or
state photo identification. This identification should be part of the Real ID
program. If it is not, a valid passport would be required. For more information
on the Real ID program, please go to the US Department of Homeland Security’s
website at https://www.dhs.gov/real-id.
& CRUISES: To travel internationally or via a cruise, a passport is
required. The passport should not expire six (6) months after the date of
travel and should have at least two (2) blank pages. Children need to have
valid passports as well. For more information, please go to the US Department
of State website at www.travel.state.gov.
NON-UNITED STATES PASSPORT HOLDERS: If you hold a passport not issued by the
United States, please check with your respective country or consulate regarding
the rules of travel and entry prior to securing travel accommodations. Travel
Agency is not responsible for denial of travel or entry of those with foreign
PAYMENTS, CHANGES & CANCELLATION
PAYMENTS: Travel Advisor only
accepts payments in United States Dollars. Payments can be made via major debit
and credit cards as well as direct bank transfer (ACH). Accepted cards
are: Mastercard, Visa, Discover and American Express. Alternate forms of
payment may be accepted only with the expressed permission of Travel Advisor.
If alternate payment forms are required, please contact Travel Advisor at
deposits are NON-REFUNDABLE.
Travel reservations are not confirmed until a deposit is made. Your travel
proposal will reflect the amount needed to confirm your vacation. Unless stated
otherwise, prices may fluctuate between the time a quote is rendered and when
the deposit is furnished.
PAYMENT PLANS: We
are pleased to offer, for your convenience, a monthly payment plan for your
travel plans. No payment plan is available for reservations made sixty (60)
days or less from the date of travel.
Reserved travel plans must be paid in full on or before the final payment date.
Your travel proposal will state the date your final payment is due. Any
reservations not paid in full on or before your final payment date is subject
to cancellation, with no notice and no refund of payments made.
If your travel itinerary is not paid in full by the Final Payment Due, a late
fee of $100.00 will automatically be assessed one day after your final payment
date. This fee is non-refundable and non-negotiable.
RESERVATIONS: If your travel reservations have been cancelled, and you
notify us within 14 calendar days of cancellation that you want to reinstate
your reservation, a service reinstatement fee of $100.00 ($200.00 for international
tours) will be added to your invoice and must be paid in advance in order to
apply for reconfirmation of services. This is above and beyond any fees the
travel partner may impose.
There is no guarantee that the same itinerary or use if the
same carriers and travel partners will be available after the reservation is
canceled. There may also be a price difference charged by the carrier/travel
partner. In the case where a reservation is cancelled due to non-payment,
passenger understands that they will be responsible for the difference in price
if they choose to reinstate the reservation. Passenger also understands that
the monies paid for the original vacation may not transfer to the reinstated
RESERVATION CHANGES: Changes to
an existing reservation, whatever the cause, will incur a $100.00 charge per
reservation plus any additional supplier fees. This includes name changes* and
removal of any services such as optional tours and transfers.
*Please note that name changes to airline
reservations are subject to full cancellation and rebooking.
CANCELLATIONS: To cancel your vacation,
Travel Advisor charges a non-refundable fee of $100.00. This fee is payable at
the time of the cancellation request and the vacation will not be canceled
until this fee is paid. Unless otherwise stated in your travel proposal, you
can cancel and receive a refund of your vacation payments, less your
non-refundable deposit and any supplier-imposed penalties. There is no refund
if the vacation is canceled after final payment date. All cancellations must be
in writing to firstname.lastname@example.org.
WITH A ROOMMATE: If you are traveling with a roommate, to receive the best
prices, you and the roommate must reserve your travel itinerary at the same
time. If your roommate chooses not to travel, the roommate will be subject to
the cancellation policies stated in these terms & conditions and in the
proposal. The traveling party may be subject to an increased fee in the form of
a single supplement or the travel package may need to be requoted and rebooked.
Please contact Travel Agent if this occurs to determine the best course of
action based on your itinerary. Travel Agency does not offer roommate matching
service and is not responsible for any increased costs or other monetary
damages in case a roommate chooses to no longer travel. Unless stated otherwise
in the proposal, monies deposited are not transferable.
AFFINITY GROUP: Travel Advisor is proud
to provide travel accommodations for you and your group. As Group Leader, there
will be a separate Group Leader Agreement that will detail the group’s rights
and responsibilities. These terms and conditions are incorporated into the
Group Leader Agreement and applicable to all passengers in the group. If any of
these terms contradict with the terms of the Group Leader Agreement or the
group travel itinerary, the terms of the Group Leader Agreement and group
travel itinerary will prevail.
SPONSORED GROUP: Travel Advisor
sponsors group vacations. These group vacations may include additional
amenities, such as ground transportation or meals. Additional terms may be
included in the group travel itinerary. These terms & conditions are
incorporated in the group travel itinerary. If any of these terms contradict with
the terms of the group travel itinerary, the terms of the group travel
itinerary will prevail.
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 Travel Advisor cannot make guarantees, every effort will be
made to honor special dietary requests submitted in writing at least 4 weeks
prior to departure at email@example.com .
Travel Advisor group travel accommodations are generally based upon
double-occupancy with two-bed configuration. If other bed configurations are
required, this must be stated at the time of reservation. Alternate bed
configurations are not guaranteed and are at the discretion of the hotel. Our
group reservations are generally at hotels that rate as 4* or better. Alternate
group hotel reservations may need to be made for reasons outside of Travel
Advisor’s control. If this is the case, Travel Advisor will seek to find
alternative accommodations at a similarly rated hotel or higher. There may be
an increased cost to change hotel accommodations. Travel Advisor will make our
best efforts to not have an increased cost if the hotel changes, but passenger
will be responsible for any price difference if Travel Advisor is unable to
change the hotel without incurring an additional fee.
All Travel Advisor tours allow one piece of luggage per person, plus carry-on
bag. It is understood that the airline may allow passenger to check more than
one-piece of luggage. For the sake of the group tour, we can only allow for one
piece of luggage. Additional luggage will be subject to a handling charge of
$100.00 per piece. As Travel Advisor will not be responsible for loss or damage
to luggage and personal belongings, you MUST report any loss or damage
immediately at the time of the incident and obtain a written report from the
local authority for submission to your insurance provider.
Transportation: Travel Advisor may include ground transportation upon
arrival and departure from the travel location. Travel Advisor will use its
best efforts to secure safe and reliable transportation. If applicable, it is
the passenger’s responsibility to provide Travel Advisor with information
necessary to secure the ground transportation upon arrival to/departure from
the vacation location at least four (4) weeks prior to the date of travel. If
the passenger is unable to meet the ground transportation provider at the scheduled
date/time, regardless of the reason, passenger is responsible for any and all
costs associated with the cancellation/rescheduling of the ground
transportation. Ground transportation costs are non-refundable.
Travel Advisor may offer upgrades to the travel experience. These upgrades may
be at an additional cost to the passenger, are not guaranteed and are subject
& Itinerary: Travel Advisor’s group vacations have been designed to
accommodate solo travelers as well as groups. Some itineraries may have early
morning start times for sightseeing in order to complete the touring during
daylight hours or avoid afternoon heat in tropical and desert climates. It is
your responsibility to arrive on time for all scheduled flights, cruises, and
package components. You are not required to attend the prepackaged tours. If
you choose not to attend any or all of the tours, there is no refund, partial
or otherwise for that tour. Arriving late may be considered a "no-show",
in which case you will not be eligible for refund for the unused service(s). We
cannot guarantee the number of passengers who will be on any given tour. You
may find that you are traveling with a sizeable group or only with your own
companions. Services, however, will remain constant no matter the number of
tour participants. Persons requiring any assistance or who have any form of
disability should refer to section "Travelers With Disabilities".
including, but not limited to religious holidays and national celebrations,
some monuments and sites may be closed. On these occasions, touring itineraries
may be amended to reflect these closures. Occasionally, during holidays and
certain periods, and/or due to unforeseen circumstances including weather conditions
there may be last-minute changes, sometimes after arrival, in affecting the
sequence of the tour or locations visited. Therefore, we reserve the right to
adjust the tour sequence. In such cases there will be no cost adjustment. National monuments and tourist sites regularly
undergo renovations, which can obscure the monument's view. No tour will be
canceled due to renovations, however Travel Advisor will decide based on the
conditions whether to amend an itinerary. Travel Advisor itineraries may contain
suggestions for activities for your leisure time; these suggestions do not
constitute an endorsement of any specific service provider and the decision to
participate in any such activities should be made independently and with due
Harmony: To ensure the desired group synergy, Travel Advisor reserves
the right to accept, reject or expel any individual who is deemed disruptive or
incompatible with the interests of the group, including, but not limited to,
individuals who are intoxicated and/or under the influence of drugs, theft,
fighting, not following the rules and laws of the vacation location,
hotel/resort, etc. Expenses, including cancellation fees and/or costs for
alternate travel plans or to return home, is the sole responsibility of the
passenger and their traveling companions. All unused services are
TRAVEL ENTRY REQUIREMENTS
locations have different entry rules and requirements than traveling within the
United States. Preapproval or a visa may be required prior to entry. It is the
passenger’s responsibility to ensure that they meet eligibility requirements
and have the proper documentation to enter another country. This information
can generally be found at the country’s consulate website. Travel agency is not
responsible if passenger is denied entry into a country for any reason,
including, but not limited to, not possessing the proper visa or having a
POLICIES OF COMMON CARRIERS
GENERAL POLICIES: TSA regulations
require that passenger information entered into common carrier reservation
systems match the passenger’s information as listed on their passport or other
government-issued id. Passengers are responsible to provide Travel Advisor with
the correct spelling and listing of their name as it appears on their passport
(or other government-issued I.D.), as well as date of birth, gender, address,
phone number, and email for all passengers traveling together. Passengers are
responsible for ensuring that the identifying information listed on their
invoice and travel documents are correct. Travel Advisor will not be
responsible for passengers who incur fees or are denied travel due to
AIRLINES: Airline schedules and flights
are subject to change without notice. Travel Advisor is not responsible for
penalties incurred for tickets, international or domestic, due to schedule
and/or flight changes or missed flights. In the case that Travel Advisor
purchases airline tickets on your behalf, Travel Advisor will follow the
policies of the airlines, which may change at any time. Most airline tickets require immediate and
full payment of the airfare upon booking. Any replacement air arrangements and
airfare will be the sole responsibility of the passenger.
will do its best to use major carriers for their flights. There may be times
when discount carriers are used. In the case where the airline policy conflicts
with this policy, the airline policy will prevail, with the exception of the
luggage requirement stated in the group vacation itinerary. Travel Advisor is not responsible for the
services and policies imposed by the airlines.
Airline Seat & Class Assignments:
The airlines bear sole responsibility and authority of assigning seats and
class of service. Travel Advisor will put forth best efforts to select the
passenger’s desired seat in the passenger’s desired class. Travel Advisor is
not responsible for seat assignment or class changes made by the airlines.
Airline Frequent Flier Programs:
Passenger is responsible for contacting their airline directly regarding
mileage eligibility and accrual. As a courtesy, Travel Advisor will provide
frequent flier information to the airline. Travel Advisor is not responsible
for eligibility and administration of airline frequent flyer programs. Not all
air reservations are eligible to accrue frequent flier miles or frequent flier
benefits. Please check with the appropriate air carrier regarding their program
rules and eligibility.
Known Traveler Programs: Passenger is
responsible for adding TSA Precheck or Global Entry to their air
reservation. If provided at time of
reservation, Travel Advisor will put forth our best efforts to add such
information to the passenger's air reservation.
It is the responsibility of the passenger to confirm that this
information is added to their reservation. Travel Advisor does not administer
either of these programs or determine eligibility of these programs. Travel Advisor
will not be responsible if passenger is denied use of these programs.
Airline Name Changes: Any name change
including minor spelling corrections may require airline reservations to be
canceled and rebooked. Reservations are subject to current availability and
pricing at the time of rebooking. Once airline tickets are issued, subsequent
name corrections will be subject to an airline rebooking fee. Travel Advisor
will not be held responsible for the denial of services by a carrier due to any
name discrepancy. Name changes must be advised in writing at firstname.lastname@example.org
Airline Schedule Changes: In the event
of an airline schedule change, Travel Advisor will make every effort to inform passengers
of the schedule change and new flight schedule prior to departure. Travel
Advisor is not responsible for schedule changes including, when applicable,
changes in routing and/or the number of stops in the itinerary. Travel Advisor
is unable to provide compensation for schedule changes, seat assignment
modifications, or cancellations implemented by an airline. In the event of any
change in flight itinerary made directly between passengers and their airline,
it is the passengers' responsibility to advise Travel Advisor of amended flight
details in writing at email@example.com. Travel Advisor is not
responsible for land services, including arrival and/or departure transfers, if
flights are changed without its knowledge.
Luggage (Airlines): Each airline has
different rules regarding checked and carry-on luggage, including size, weight
and charges for said luggage. It is the passenger’s responsibility to know and
abide by the airline’s luggage rules and regulations. Travel Advisor is not
responsible for any luggage fees or lost or damaged luggage.
CRUISES: Cruise itineraries, cruise
cabins and ships are subject to change without notice. Travel Advisor takes no
responsibility for ship substitutions, cabin changes or itinerary changes
imposed by a cruise line and is not responsible for any losses you may incur
including the issuance and/or cancellation of airline tickets or visa fees.
RAIL: Once full payment is received,
rail tickets will be issued and are subject to the refund and cancellation
policies of the rail carrier. Once issued, rail tickets are valid for the dates
and times specified. Changes and exchanges may be subject to local charges,
fees, and fare increases. Travel Advisor does not control seat assignments
which are entirely at the discretion of the rail companies.
HOTEL ACCOMMODATIONS: All rooms
requested will be based upon passenger specifications at the time the travel
itinerary is confirmed. Please understand although we will make a bed type
request on your behalf, bed types are subject to availability. Room selection
in all cases is strictly at the discretion of the hotel's management on a
run-of-house basis. Hotel check-in and check-out times will be listed on the
final travel itinerary. It is passenger’s responsibility to confirm hotel
check-in/check-out times. All hotel rates are based on Travel Advisor's
agreements with its suppliers and are not negotiable.
DEPOSIT: Some hotels/resorts/cruises may require a security deposit to pay
for any damage caused to the accommodations or to cover incidental charges
(room service, parking, etc.) The amount of the deposit is determined by the
hotel/resort/cruise. It is advised that you use a major credit card for your
security deposit. Using your debit card will take that money from your bank
account and it will not be refunded until the conclusion of your stay. The
processing time for the refund is determined by your banking institution.
GROUND TRANSPORTATION: Passengers may
request ground transportation be included with their travel package for an
additional cost. Transfers can be provided either via a car, minibus, or motor
coach, depending on the number of passengers traveling and by passenger
request. Ground transportation generally waits up to one (1) hour after plane
arrival or departure from accommodations. This is a general rule and it is
passenger’s responsibility to review their travel documents to confirm the
rules of the transportation company. If passenger does not meet the ground
transportation within the timeframe, the transportation may be cancelled with
no refund. Transfer costs are non-refundable and any additional expenses will
be passenger’s responsibility.
HEALTH & SAFETY
MEDICAL SERVICES: There may be times
where passengers may need medical attention. Should medical attention be
required, local services will be contacted. Resulting charges will be the
responsibility of the passenger. Travel Advisor are not responsible for the
services provided. It is highly recommended that the passenger secure travel
insurance in case there is an unforeseen need for medical attention.
HEALTH REQUIREMENTS: Check with your
healthcare provider for up-to-date requirements and if you are fit to travel.
You may also check the Centers for Disease Control (www.cdc.gov) and/or the
World Health Organization (http://www.who.int/en/) for their recommendations.
Required inoculations, if any, must be recorded by clients' health practitioner
on a valid vaccination certificate which the client must carry for proof of
inoculation where required. Individuals with heart disease, chronic illness,
physical handicap, advanced pregnancy, or mental illness should not participate
in these rigorous travel programs. Any person who arrives to the destination
ill with apparent fever or becomes ill during the tour, will be removed from
the group and directed to a local medical facility for diagnosis. Only upon
clearance by an accredited medical facility will that individual be allowed to
resume group travel. All costs associated with medical treatment and related
expenses such as additional hotel nights or transportation not included in the
original itinerary, will necessarily be borne by the passenger. Please note
that some countries may require aircraft cabin insecticide treatment for
in-bound foreign flights. A list of such countries is available at: https://www.transportation.gov/airconsumer/spray.
TRAVELERS WITH DISABILITIES
We at Travel
Advisor want all of our clients to enjoy their travel itinerary and excursions.
We also understand that not everyone may have the same capabilities as others. If you or anyone in your party requires any
form of assistance, including but not limited to, physical assistance, sight or
hearing impairments, you are required to notify Travel Advisor prior to
reserving travel. We will review with you the itinerary and physical
requirements of the vacation to ensure we can work with your disabilities. If
it is decided that the tour/vacation works for you and additional services are
needed, you must be accompanied by an individual responsible for providing
those services. Tour managers, guides, drivers or other tour, hotel, ship
personnel are not able to provide such assistance. In order to participate in
escorted tours, passengers must be able to understand and follow instructions
given by the Tour Director at all times, both for the successful operation of
the tour as well as for everyone’s safety. The travel itinerary is subject to
change prior to or during the vacation for various reasons outside of Travel
Advisor’s control. If this occurs, the vacation may not be best suited for you.
You agree and hold Travel Advisor harmless if this occurs and you are unable to
fully participate in the tours/vacation. No refunds, partial or otherwise, will
be provided in the case of an unscheduled itinerary change.
reserves the right to reject participation or remove any individual from a
tour/vacation if notification of any disabilities was not previously provided
and/or when, in our sole judgment, continued participation would significantly
hinder the services to be provided to all guests. Expenses, including
cancellation fees and/or costs for alternate travel plans or to return home,
will be the sole responsibility of the passenger. Escorted tours are
fast-paced, often requiring lengthy walks over uneven terrain. Some activities
may have weight limits. In the interests of group harmony, clients should be
able to maintain the pace of the tour. Clients with special needs may be better
served independently. Travel Advisor can suggest touring options based upon
Travel within the US: Pursuant to the
Americans with Disabilities Act (the ADA), Travel Advisor will use our best
efforts to accommodate travelers with disabilities to the extent possible and
consistent with the specific tour itinerary. Nevertheless, you may find that a
certain tour features may not be accessible to the extent that a wheelchair,
scooter, or other special equipment to participate are required. We cannot
provide individual assistance to travelers with wheelchairs or other mobility
devices. We regret that some itineraries cannot accommodate wheelchairs or
motorized scooters. Travel Advisor will endeavor to accommodate special access
needs, but does not guarantee that it will be able to do so in all cases.
International Travel: Hotels, sea and
river cruises outside of the United States are not required to comply with ADA
requirements and therefore may not have ramps, wide entryways or elevators to
accommodate disabled passengers or devices such as wheelchairs, walkers or
motorized scooters. Due to physical constraints and space limitations,
wheelchairs, walkers and motorized scooters may not be taken aboard motor
coaches and river cruises. Travel Advisor will endeavor to accommodate special
access needs, but does not guarantee that it will be able to do so in all
SERVICE ANIMALS: Passengers on USA
escorted tours who require a service animal because of a disability must
contact Travel Advisor prior to booking a tour. Passenger is responsible for
knowing and abiding by the travel policies of the carriers and hotels/resorts. Service
animals cannot be accommodated at international locations.
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.
RELEASE FROM LIABILITY
its shareholders, directors, officers, employees and affiliates, (collectively
"Travel Advisor") does not own or operate any entity which is to or
does provide goods or services for your trip including, for example, ownership
or control over hotels or other lodging facilities, airline, 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 Advisor 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.
limitation, Travel Advisor 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,
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 or the threat thereof or for any other cause beyond the
direct control of Travel Advisor. In addition, I release Travel
Advisor from its own negligence and assume all risk thereof.
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 of 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 and 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 Advisor.
Passenger will be informed of their options if a force majeure event occurs.
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 a
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 me with the best available
information regarding the pandemic-protective policies and practices of the
vendors and suppliers in my 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.
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 your
travel itinerary, including any policy updates. You may be denied entry into
the country 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.
awareness and appreciation of the risks involved, you, for yourself, and on
behalf of my traveling companions, including, but not limited to, my family,
spouse, estate, heirs, executors, administrators, assigns, and personal
representatives, assume all risks of travel and hereby forever hold harmless,
waive, discharge, and release 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 COVID-19.
Travel Advisor 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 or death of you or a close family member. It can also
assist if you become ill while traveling. Travel Advisor is not responsible for
any costs associated with the risks of traveling or having to cancel your
vacation for reasons outside of your control. Travel insurance is not a requirement
but is HIGHLY RECOMMENDED.
ASSUMPTION OF RISK:
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 Advisor, 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 Advisor and agree to hold harmless and
release Travel Advisor 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
Advisor 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.
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) Maryland law and will take place
in Randallstown, MD.
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. Any recovery by you will be
limited to actual damages. You agree that punitive and consequential damages,
as well as attorney’s fees are not recoverable.
MODIFICATION & WAIVER
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.
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
may take photographs or video that are posted on Travel Advisor’s website and
social media pages. By virtue of attending an Travel Advisor sponsored
vacation, you are granting Travel Advisor permission to post your photo and
likeness in any and all promotional and commercial materials and on the
Internet without payment of any compensation to you. If you do not wish to be
included in Travel Advisor’s photos or videos, please advise Travel Advisor at
least four (4) weeks prior to attending the vacation.
In the case
where you share photos with the Travel Advisor’s page on social media or
otherwise, you grant Travel Advisor permission to reproduce, use and share
these photos on social media, on Travel Advisor’s website, or in other
As a customer of
the travel agency, you may, from time to time, receive promotional emails. You
agree that by virtue of being a customer, that your name and email address, as
well as the names and email addresses of your traveling companions 18 or over,
are added to the agency’s email distribution list. You may unsubscribe from the
list at any time.
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.
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
KNOWING AND VOLUNTARY EXECUTION:
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 Advisor and agree of my own free will. By
submitting a deposit, I agree to these Terms & Conditions and Travel
Advisor'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.