CarryOn Travels Client Service Agreement

Before booking travel arrangements with CarryOn Travels, you herein referred to as Client agree to the following terms and conditions set forth in this client services agreement (the “Agreement”). Please read this Agreement carefully. This Agreement creates a contractual relationship between CarryOn Travels and you, the client in the vacation package provided by CarryOn Travels. By signing this Agreement, Client indicates that he or she understands, accepts and agrees to be bound and abide by the Agreement.

1. Responsibilities

CarryOn Travels and its affiliates, owners, officers, agents, employees, contractors, and subcontractors purchase transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to CarryOn Travels’ control. CarryOn Travels nor any associate organization, agent, employee, contractor, or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment, or inconvenience caused to or suffered by any person or their property.

In addition, CarryOn Travels cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of CarryOn Travels. In no event will CarryOn Travels be responsible for incidental, consequential or special damage or loss suffered by any person. CarryOn Travels liability, for any reason whatsoever, will be limited to the amount paid to CarryOn Travels for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, CarryOn Travels is not acting as principal but only as agent for the companies, LLCs, or persons providing or offering the means of transportation and accommodation. To the extent CarryOn Travels shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation.

1. Payment Schedule

To begin work, submission of a travel inquiry form and an initial non-refundable planning fee is required via Stripe. Once the planning fee is paid in full, CarryOn Travels will secure and confirm travel arrangements as agreed. This fee is separate from the cost of your trip.

Remaining Payment Structure- third party dispute policies

1. Credit Card Merchant

CarryOn Travels strongly recommends that Client uses a credit card for purchase so that Client can exercise his or her rights under the Fair Credit Billing Act if you do not receive the services you purchased. However, if CarryOn Travels is the credit card merchant, our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your recourse would be against the Suppliers, and you agree not to initiate a chargeback against CarryOn Travels.

1. Agent for Suppliers

CarryOn Travels acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary or confirmation (“Suppliers”). CarryOn Travels is not responsible for the acts or omissions of the Suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. CarryOn Travels has no special knowledge regarding the financial condition of the Suppliers and no liability for recommending a trip credit in lieu of a refund.

1. Risks of Travel and Release

You understand and acknowledge that your travel in connection with and participation in the vacation package arranged at your request by CarryOn Travels may involve risk and potential exposure to injury and possibly death. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the international location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with CarryOn Travels, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”). You fully understand and acknowledge that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during your trip.

You hereby expressly agree to forever release, discharge, and hold CarryOn Travels, its agents, employees, officers, directors, associates, and subcontractors harmless against any and all liability, actions, causes of actions, suits, claims, and demands of any kind which you now have, or which may hereafter arise out of or in connection with these risks and dangers.

1. Health and Inoculations

Immunization requirements vary from country to country. Please consult your personal physician and/or local public health board, or the Centers for Disease Control and Prevention (CDC) in Atlanta (404-322-4559 or www.cdc.gov/travel). Additionally, we strongly suggest you have a complete physical since some itineraries include areas of high altitude and extreme temperature fluctuation. Bring this to your doctor’s attention. Required inoculations, if any, must be recorded by the traveler’s health practitioner on a valid vaccination certificate which the traveler 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.

It is Client’s responsibility to consult a physician before participating in this trip to ensure eligibility for strenuous physical activity and by signing or otherwise accepting this Agreement, Client affirms that they have no medical conditions that would restrict Client from participating in the journey. Client agrees that if they experience any medical issues while on the trip, they will seek medical treatment immediately.

1. Changes due to COVID-19

Should Client experience an unforeseen, or unavoidable change in travel due to the COVID-19 pandemic (for example, if Client contracts COVID-19 while on their trip and is required to quarantine, resulting in changes to the itinerary), Client should notify CarryOn Travels as soon as possible. However, CarryOn Travels does not guarantee its availability or ability to address any COVID-19 emergency for Client. If CarryOn Travels is unavailable, unable to help, or time is of the essence, Client should contact their nearest United States Embassy: https://www.usembassy.gov/. If the Client is not a United States Citizen, the Client should contact the nearest embassy for the country in which they hold citizenship. Additionally, some travel operators or excursion/experience providers may charge additional fees for any extra care/time needed to make last-minute arrangements due to COVID-19 emergencies. These operators and providers are third parties and as such, CarryOn Travels has no control over the fees assessed.

1. Travel Documents

You agree to review your itinerary and other travel documents for accuracy and to inform us promptly of any issues. The names on your documents must match your government-issued ID. Clients will be required to submit a color copy of their passport and/or other requested legal identification to CarryOn Travels. You are responsible for obtaining any travel documents and/or verifying entry requirements necessary for each country of travel and/or transit on your selected itinerary. Entry laws differ with respect to each traveler’s citizenship. CarryOn Travels cannot obtain personal travel documents for customers or assume responsibilities for notice of countries’ current requirements. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents. Additionally, CarryOn Travels is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or required immunizations.

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1. Times, Flights, and Fares

Times, flights, and fares are based on current tariffs that are subject to change without notice.

1. Reservation Rule Violations

You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets". You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary, and it may confiscate your frequent flyer points. You agree to indemnify us against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.

1. Price Changes

Travel arrangements involving airline and cruise components are subject to Suppliers’ supplemental price increases that may be imposed by the supplier and/or government, even after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms. If a Supplier drops the price of a trip after booking, we will try to assist you with rebooking if the Supplier allows it, and a fee may apply. We do not guarantee any refunds or successful rebooking.

We have endeavored to secure the lowest possible fare, suitable for your travel requirements, based on space available at the time of booking, accessible sources of information, and knowledge of agents involved. However, we cannot guarantee, in view of the deregulation of airline fares, that the fare indicated on the ticket will be the lowest possible fare at departure date. Please contact us before departure if you wish to recheck any newly introduced fare that may correspond with your specific travel requirements.

1. Tour, Cruise, Excursion and Package Prices

Tour, cruise, excursion, and package prices are subject to change without notice due to currency fluctuations, tariff changes or increase in operational costs. In addition, group tours/packages are based on a minimum number of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed on all passengers.

1. Cancellations and Refunds

CarryOn Travels reserves the right to charge processing fees in the event of refunds, cancellations, and other services. To change or cancel your flight itinerary, Client must do so prior to originally scheduled departure. No value remains after departure. If Client is holding guaranteed hotel or car reservations and wishes to cancel, Client must contact the vendor directly adhering to their cancellation policy. We are not responsible to pay you for any loss you incur due to your failure to travel or your failure to follow the change or cancel policies of any travel vendor.

Flesh out refund periods we discussed on initial call

1. Accommodations

Hotels and resort reservations are usually confirmed on a guaranteed payment basis. If Client cancels or changes of plans, please notify your hotel(s) within the period specified by that hotel. Rules may vary by property

1. Insurance

For your protection CarryOn Travels strongly recommends that Client purchase trip cancellation and travel accident insurance. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by CarryOn Travels constitutes a binding assurance or promise about the insurance. Client agrees to hold CarryOn Travels harmless for Client’s election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy

1. Third Party Performance

CarryOn Travels shall make best efforts to produce successful Services for Client, but CarryOn Travels makes no representations, guarantees, or warranties as to the effectiveness or performance of the Services delivered. Client shall indemnify and hold CarryOn Travels harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any third-party service provider’s wrongful or negligent acts or omissions. In the event of any changes by third-party service provider that materially affect the delivery or performance of CarryOn Travels Services contemplated by this Agreement, CarryOn Travels shall provide notice to Client and make every effort to work with the Client to find an acceptable alternative to the third-party service provider or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, responsibility and liability of CarryOn Travels is limited to the return of payments received for the specific portion of the Services affected. The Client agrees to not unreasonably withhold approval of an alternative. (Are you ok with this highlighted provision?)

1. Arbitration

Client hereby agrees that any dispute concerning, relating or referring to this Agreement, the brochure/flyer/website/invoice or any other literature concerning your trip, the trip itself, or any claim for damages due to injury or death which occurs during or in connection with the trip shall be resolved exclusively by binding arbitration according to the then-existing rules of the American Arbitration Association in an arbitration conducted in Mecklenburg County, North Carolina, USA. Such proceedings will be governed by substantive North Carolina law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen (15) years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.

1. Governing Law

THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF NORTH CAROLINA, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NORTH CAROLINA, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.

1. Satisfaction

The obligation of Client to make payment to CarryOn Travels according to the terms of this Agreement is not conditioned on Client’s satisfaction with the proceeds of any Services under this Agreement. Client understands and expressly agrees that delivery of the Services under this Agreement shall obligate Client to make payment and payment shall not be withheld due to subjective dissatisfaction.

1. Severability

The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

1. Entire Agreement

Except as otherwise expressly provided to the contrary, the rights herein granted, and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing, or other sales literature or activities of CarryOn Travels and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.

I HAVE READ THE ABOVE-MENTIONED PROVISIONS, WARNINGS, ACKNOWLEDGEMENT OF RISKS & RESPONSIBILITY, AND RELEASE OF LIABILITY AND AGREE WITH ALL TERMS OF THIS AGREEMENT.