Iantosca Travel LLC Agreement for Travel Services
1) Parties. The Parties to this Travel Agreement, hereafter referred to as “Agreement” are the traveler(s), hereafter referred to as “Customer” and Iantosca Travel LLC, a limited liability corporation whose address is 312 Andre Drive, Irving, TX 75063. Iantosca Travel LLC includes its officers, employees, agents, parent, affiliates, subsidiaries, representatives and insurers, collectively referred to as “Iantosca Travel LLC”.
This Agreement is effective as of 27 June 2024.
2) Fees and Services.
a) Travel Planning Fee. Customer agrees to pay Iantosca Travel LLC an hourly fee of $250.00, per hour, billed in 30-minute increments for all travel planning services hereafter referred to as “Fee”, for Iantosca Travel LLC to design and implement a Travel Event on Customer’s behalf. These charges are to only plan travel for Customer, additional travel planning fees and charges will apply for Customer and for any other persons listed on a Travel Event or for other circumstances as outlined in this Agreement.
b) Services. The Fee paid to Iantosca Travel LLC by Customer is exclusively for the purpose of receiving Iantosca Travel LLC’s expertise to assist Customer in developing and implementing a travel itinerary known as the “Travel Event”, which Travel Event is subject to Customer’s approval. The Fee does not include other charges that may include but are not limited to charges for visa fees, passports, inoculations, insurance, and document preparation, nor does the Fee include any costs, charges or fees by Travel Suppliers who are identified in the Travel Event. Travel Suppliers include but are not limited to transportation, lodging, tours, tickets, meals, and any other goods and services that are included in the Travel Event. Those charges and fees are in addition to the Travel Planning Fee. Iantosca Travel LLC will bill Customer separately for those charges and Travel Suppliers, and the Travel Event shall not be secured until Customer has made payment of all charges and fees.
c) Customer understands and agrees that Iantosca Travel LLC may receive commissions and other remuneration from Travel Suppliers as part of the Travel Event and that the receipt of commissions and other remuneration from other sources does not relieve the Customer of the duty to pay or receive a reduction of the Fee or other charges. Customer is obligated to pay for all other fees or charges that are provided for under this Agreement.
d) Iantosca Travel LLC Services-Independent Service.
i) Customer agrees that Iantosca Travel LLC acts independently to secure services of airlines, hotels, transport companies, including but are not limited to: bus, rail, and other ground or air operators, cruise lines, car rental agencies, tour operators to provide transportation, excursions, or other services and service providers including insurance protection, collectively referred to as “Travel Suppliers”, and that Iantosca Travel LLC is not an agent of the Customer. Notwithstanding that Iantosca Travel LLC may receive commissions or other benefits from Travel Suppliers as part of the Travel Event, Customer understands and agrees that Travel Suppliers are independent providers and do not act on behalf of Iantosca Travel LLC, are not servants, agents or employees of Iantosca Travel LLC, and are not in a joint venture or an affiliate of Iantosca Travel LLC.
e) Limited Obligations of Iantosca Travel LLC
i) Fees paid by Customer for planning and booking the Travel Event and for the Travel Suppliers and Loyalty Program incentives or rewards exchanged for the Travel Event, are not an obligation of Iantosca Travel LLC to guarantee the quality or timing of the Travel Event or for delays or cancellation of such Travel Event by any Travel Supplier, or a result of any other act(s) including, weather, strikes, disease outbreak(s), endemics, epidemics, pandemics, required or recommended quarantines, government actions, acts of God, or any other cause that interferes with, delays or cancels the Travel Event, in whole or part.
ii) Customer has or will receive a summary of charges for the Travel Event and agrees Iantosca Travel LLC’s obligation is limited to remitting such charges to the Travel Suppliers identified in the itinerary or to a third party that shall make such remittance. Upon remittance of fees to the Travel Suppliers in accordance with the itinerary and persons listed in the Travel Event, Customer agrees that Iantosca Travel LLC has met all of its obligations under this Agreement. As a precondition to this obligation, Customer agrees to make payment to Iantosca Travel LLC on or before the stated deadline dates for payment.
iii) Customer agrees that Iantosca Travel LLC is not responsible for any travel arrangements that are NOT made by and through Iantosca Travel LLC even if the travel arrangements occur during the Travel Event.
f) Loyalty Programs.
i) Loyalty Programs are rewards and/or incentives that Customer has accrued through a third party such as a financial institution, airline company or other entity. Iantosca Travel LLC has no control, authority or financial relationship with Customer’s Loyalty Program. Customer acknowledges there are potential risks of using Loyalty Programs through its providers that may adversely impact the Travel Event, including but not limited to result in additional fees, and/or non-refundability of rewards, price and schedule changes or cancellation. This is not an inclusive list of all possible risks. Customer is solely responsible for contracting its Loyalty Program provider and staying current with the programs benefits and restrictions.
ii) Any use of Customer’s Loyalty Program requires prior consultation with and written approval by Iantosca Travel LLC before Iantosca Travel LLC will reserve a Service Item for a Travel Event or portion thereof through Customer’s Loyalty Program. Service Items include but are not limited to airline or other flight reservations, airport meet and greet services, transportation of any type, tours, guides, cruises dining reservations, concert tickets, hotel and other lodging, and cruises,
iii) If Iantosca Travel LLC agrees to allow Customer to use a Loyalty Program, Customer agrees to pay an additional Loyalty Planning Fee for reserving a Service Item(s). The Loyalty Planning Fee is in addition to the Travel Planning Fee in 2) a) Fees and Services, above.
The Loyalty Planning Fee is from $375.00 for each person included on a Service Item that is reserved during regular business hours 8 am – 5 pm CST, Monday – Friday, excluding holidays. The Loyalty Planning Fee is from $500.00 for each person included on a Service Item reserved after 5 pm and before 8 am, or anytime on weekends and holidays. Example, four airline tickets are reserved during regular business hours for a party of 4, the Loyalty Planning Fee for that Service Item is from $1500.00.
iv) Customer acknowledges and agrees that any reservations made using Customer’s Loyalty Program for a Service Item are not the responsibility of Iantosca Travel LLC other than to make the reservation relying on the information provided by Customer and if allowed by the Loyalty Program and its partners. Any changes, cancellations or modifications to the Service Item made by the Loyalty Program, third parties including those secured through the Loyalty Program or Customer are outside the control and responsibility of Iantosca Travel LLC.
Only Customer’s Loyalty Program will be permitted. Iantosca Travel LLC will not reserve any Service Item using a Loyalty Program that is under the account of another traveler.
v) Customer agrees to release, hold harmless and waive any claims or causes of action against Iantosca Travel LLC that may arise, result from or be incurred from using a Loyalty Program to reserve all or any portion of the Travel Event, Service Item or other travel services, or by and through any Travel Supplier, including those outlined in this Agreement. If Customer or a person who is included as a traveler in the Travel Event pursues any claim or cause of action against Iantosca Travel LLC, Customer agrees to indemnify and hold harmless Iantosca Travel LLC, its agents, officers,and employees and pay all damages, attorney fees, reasonable expenses, and damages incurred by Iantosca Travel LLC in defending such claims or causes of action.
3) Fees and Customer Duties
a) Travel planning services include but are not limited to all time spent in communication, whether by telephone, email or other means with Customer on Customer’s travel needs, desires, options, and alternatives, time spent ascertaining and securing Travel Suppliers and confirming their services, changes requested or required for the Travel Event. Time includes communications associated with fulfilling Customer requests even if the Customer’s requests cannot be fulfilled or if Customer chooses not to proceed with any or all of the Travel Event or travel services.
b) Exclusive services and excursion requests.
i) The Fee does not include any charges by Travel Suppliers to ascertain potential tours or excursions expressly requested by Customer, even if the service or excursion cannot ultimately be accommodated and/or the Customer decides to not pursue the tour or excursion. Customer agrees to pay Iantosca Travel LLC for those charges in addition to the Fee.
c) Payment.
i) Customer agrees to pay all fees and charges within the time frame specified. Customer agrees that if he/she fails to make payment, in whole or part, that action may result, at the sole option and discretion of Iantosca Travel LLC, in the cancellation of the Agreement, forfeiture of previously paid fees and made to all Travel Suppliers and service providers on Customer’s behalf and for Iantosca Travel LLC to recover all legal remedies, including damages, attorney fees and expenses for unpaid fees from Customer.
ii) Customer agrees that Iantosca LLC is not required to itemize any fees or charges for any portion of the Travel Event other than to reflect the time associated with the planning of the Travel Event or any other hourly charges associated with planning or Change Fees. Customer agrees that Iantosca LLC will not furnish Customer or others on the Travel Event any itemization of fees, bookings, commissions, or any other remuneration or fees associated with the Travel Event.
d) Duty to Provide Accurate Information.
i) Customer agrees that it is solely responsible for providing accurate information for the Travel Event and this responsibility also extends to all persons listed on the Travel Event. This includes but is not limited to names, passport numbers, dates of travel, departure and arrival location, and any other any other information requested by Iantosca Travel LLC. If Customer provides inaccurate information or fails to provide information, the consequences of doing so, are the sole responsibility of Customer and not the obligation or liability of Iantosca Travel LLC. Further, Customer agrees that any changes to the Travel Event that are required as a result of Customer’s providing inaccurate information or failing to provide requested information to Iantosca Travel LLC that results in additional fees, penalties or cancellation of any part or all of the Travel Event by any Travel Suppliers are the sole responsibility of Customer. Customer expressly releases and agrees to hold harmless Iantosca Travel LLC from any such liability or damages.
ii) In the event that Customer fails to provide accurate information or fails to provide missing information regarding travel documents or makes changes to the Travel Event after approval of same, Customer agrees that time required to make the corrections will be charged at the hourly rate of $225 per hour, billed in not less than 30-minute increments. These charges are in addition to any other changes in cost to the Travel Suppliers as a result of Customer’s action or inaction. Further, missing or inaccurate information may result in cancellation or interruption of the Travel Event for one or more travelers and/or potential additional costs.
iii) Customer also agrees he/she is solely responsible for receiving, distributing and returning information to all persons listed on the Travel Event, the forms, releases and other documents required by Iantosca Travel LLC, which include but are not limited to the following:
(1) Iantosca Travel LLC liability waiver, terms and conditions, supplier(s) terms and conditions, country entry restrictions, transit restrictions, country entry and health requirements inoculation requirements, CDC requirements, and United States re-entry requirements.
iv) Any errors or untimely return of required information by any traveler is solely the responsibility of Customer including costs and penalties associated with the same.
v) Customer agrees that Iantosca Travel is only required to communicate with Customer and is not required to communicate with other persons listed on the Travel Event.
e) TripPostponement.
i) If your trip should be postponed for any reason and require further assistance to re-book at a later time, all Fees and charges for the re-booking shall be paid by Customer to Iantosca Travel LLC and Travel Suppliers.
f) Travel Insurance.
i) Customer is advised that the purchase of travel insurance will not guarantee a claim will be paid; all claims will be subject to the terms of the insurance agreement of the travel insurance provider. Iantosca Travel does not guarantee any specific travel insurance provider, Customer is advised to consult with its insurance agent for a policy that best suits Customer’s needs. Iantosca Travel LLC will not be held liable for any travel insurance claims which are not paid or denied from any travel insurance provider.
4) Cancellations & Changes
Customer agrees that the Grace Period provisions set forth below shall NOT apply to a Travel Event or any portion thereof if the Travel Supplier requires a nonrefundable payment at the time of booking. Customer will be informed prior to the booking of this restriction.
a) Grace Period. Customer may cancel a Travel Event without incurring the Cancellation Fee in 4. b) below by strictly complying to the time frames and procedures set forth in sections i- iv, below:
i) Cancellation must be no later than three business days following the date the Customer has approved the Travel Event or such earlier date if the Travel Event has not been finally approved by Customer to cancel by giving written notice to Iantosca Travel LLC;
ii) Written notice must be emailed to and received by Iantosca Travel LLC not later than 4 pm CST on the third business day following the date of the approved Travel Event by Customer or such earlier date if a Travel Event has not been finally approved;
iii) The only allowable method of notice to Iantosca Travel LLC is by email to ralph@iantoscatravel.com. Customer may NOT use voicemail, text or other telephonic means or social media platform to cancel; and,
iv) Cancellation must be for the entire Travel Event and not be limited to portions or days of the Travel Event.
Cancellation during the Grace Period shall not result in a refund in whole or part of any previously incurred Travel Planning Fee or Loyalty Planning Fee. Any Travel Planning Fee or Loyalty Planning Fee still due and unpaid shall be remitted to Iantosca Travel LLC not later than ten business days following demand.
b) Cancellation Fee following the Grace Period. In the event Customer cancels after the Grace Period, Customer agrees to pay to Iantosca Travel LLC a 15% cancel fee (or full agency commission of the booking if the supplier has not paid the agency, or if the agency must repay the commission of the booking) of the total Travel Event cost. Customer is not entitled to any refund of Travel Planning Fees, nor is Customer entitled to any refunds from previously paid fees and charges by Travel Suppliers.
c) In the event cancellation is made by a person listed on the Travel Event (other than Customer), the cancellation fee shall be collected from the authorized credit card on account for that traveler. If there is no authorized credit card on file with Iantosca Travel LLC for that traveler, Customer agrees to pay Iantosca Travel LLC the cancellation fee attributable to that traveler(s).
d) Modification to the Travel Event. Subject to approval by Iantosca Travel LLC, Customer may request modifications of the Travel Even prior to the departure. If approved by Iantosca Travel LLC, Customer agrees to pay for all additional costs for modifications, including but not limited to Travel Planning Fees, Travel Supplier Charges and other expenses.
e) Change Fees. Once Customer and any identified travelers have begun their trip, any changes requested shall be billed as follows: $350 per hour during regular business hours between 9 am and 5 pm CST Monday through Friday and $400 per hour before 9am CST and after 5pm CST Monday through Friday and/or public holidays. The Change Fees do not include any Travel Supplier Fees and expenses that may be incurred as a result of Customer’s requested changes.
5) Failure to Pay Fees. If Customer fails to pay Iantosca Travel LLC any fees, charges and other expenses within the time permitted, such failure may result in termination of services by Iantosca Travel LLC and Iantosca Travel LLC shall have no further responsibility or liability to secure bookings, reservations or other services, in whole or part, for the Travel Event. Iantosca Travel LLC reserves the right to pursue any and all claims for unpaid fees, expenses and charges against Customer including attorney fees and expenses incurred in the recovery of unpaid and owing fees, expenses and charges.
6) Waiver of Liability/Indemnification. Customer hereby agrees that he/she is voluntarily participating in the travel services that Iantosca Travel LLC has reserved on behalf of Customer. Customer and those persons who are listed as travelers in the Travel Event assume the risk of all inherent dangers, whether known or unknown, in any way connected with the travel services and Travel Event, including those provided by Travel Suppliers. Customer and on behalf of those who are listed as travelers in the Travel Event, waive any and all specific notice of such conditions or any obligation to be warned of the same. Each person listed on the Travel Event shall execute a waiver and return to Iantosca Travel LLC by the requested date
7) Customer agrees that Iantosca Travel LLC shall not be liable for any property damage or personal injury, including death, damages for loss of use and/or income, overhead, or loss of profits, and any other expense or damage incurred by Customer, or those travelers listed in the Travel Event resulting directly or indirectly from the
(i) acts or omissions of the Travel Suppliers, including but not limited to, delays or cancellation of services, cessation of operations, breakdown in machinery or equipment, or changes in fare, itineraries or schedules, and/or
(ii) acts of God, fire, acts of government or other authorities, wars, acts of terrorism, civil unrest, strikes, riots, thefts, disease outbreak(s), endemics, epidemics, pandemics, required or recommended quarantines, climatic aberrations, dangers incident to the Travel Event activities or other sources, or from any other cause.
8) In addition to the waiver above, Customer also acknowledges and agrees that the worldwide COVID-19 coronavirus infections including any mutations or variants thereof, remains ongoing and poses known and unknown risks to travelers. Customer acknowledges and agrees these risks may result in an interruption or cancellation of a Travel Event, whether in whole or part, and potential quarantine at Customer’s expense, and the interruptions, cancellations, and quarantine decisions may be made by any one or more of the Travel Suppliers, a governmental entity, or other third party over which Iantosca Travel LLC has no control. Cancellation and/or interruptions, including quarantines may occur notwithstanding Customer’s health condition, including circumstances where Customer has tested negative for COVID-19 or any other infectious derivative or variant strain thereof. Customer further acknowledges and agrees that a government’s regulations and/or Travel Supplier’s own cancellation, rebooking and refund policies, subject to any applicable law in effect now or at a later date, will govern Customer’s rights and remedies, including a right to a refund.
9) In the event Customer obtains travel insurance, terms of the policy will dictate whether, and to what extent, coverage for any losses applies. Iantosca Travel LLC makes no recommendation for any travel company, nor does it recommend or provide guidance on any type or level of coverage or the terms and conditions in any travel insurance policy.
10) Customer further agrees to release and waive any claims or causes of action against Iantosca Travel LLC that may arise, result from or be incurred from the Travel Event or other travel services, or by and through any Travel Supplier, including those outlined in this Agreement. If Customer or a person who is included as a traveler in the Travel Event pursues any claim or cause of action against Iantosca Travel LLC, for any reason other than to remit the fees to the Travel Suppliers as referenced above, Customer further agrees to indemnify and hold harmless Iantosca Travel LLC and pay all damages, attorney fees, reasonable expenses, and damages incurred by Iantosca Travel LLC in defending such claims or causes of action.
11) Venue/Lawsof State of Texas. Each party agrees that any claims or causes of action arising under this Agreement shall be instituted and maintained in Dallas County, Texas. The parties further agree that the laws of the State of Texas shall govern this Agreement.
12) Authority to Sign and Bind. By my written or electronic signature below, I acknowledge that I, the traveler(s), have read, understood and agree to the terms and conditions of this Agreement, and I am binding myself, my heirs, beneficiaries, successor and assigns, to the terms of this Agreement if any should make any claims on my behalf. Further, if Customer is acting on behalf of an entity, Customer represents it is authorized to bind that entity to this Agreement.
13) I have read and understand the above Travel Agreement and agree to the terms and conditions thereof, including payment of the Travel Fee and other charges as provided in this Agreement. Merchant fees could be applicable if payment method is a credit card.