McNeill Luxury Travel Terms & Conditions

MCNEILL LUXURY TRAVEL is excited to curate your upcoming trip. The following Travel Services & Management Agreement (the "Agreement") describe what you can expect from us. The terms "we," "us," and "our" refer to MCNEILL LUXURY TRAVEL and the term "you," your," and "yourself" refer to the individual who signs this agreement.

MCNEILL LUXURY TRAVEL (The Agency) is a full-service independent travel agency affiliated with TRAVEL EDGE, a member of the luxury consortia, ENSEMBLE TRAVEL GROUP, and a fully appointed ARC/IATA Travel Agency located in the State of Delaware. This Travel Services and Management Agreement governs the travel service transactions between the Client and The Agency. Client contracts Agency to provide comprehensive travel planning and management services that may include air, hotel, car, rail, cruises, tours, ground transportation and/or other travel related products and services as requested by Client. All travel arrangements and bookings are subject to Client’s approval prior to deposits, final payments and/or the issuance of travel itineraries and documents.

1. ACCEPTANCE OF TERMS & CONDITIONS. The terms “we,” “us,” and “our,” as defined in this Agreement refers to the AGENCY providing contracted travel management services to Client. The terms “you,” “your,” “yourself,” refers to the CLIENT receiving our consultation, utilizing our personalized travel planning services or otherwise booking reservations through us, and/or visiting our website(s). By choosing to book your travel arrangements with us or using our website, you are agreeing to be bound by the terms of this Agreement, and any additional terms and conditions of any Supplier(s) that are applicable to your bookings or travel arrangements.
   
   
   1. Client shall provide the following support data to the Agency for planning purposes: supply all client profile/contact data forms, credit card information, copies of government-issued identification, and other personal travel information necessary to book, confirm, and complete travel package(s).
   2. Furthermore, you authorize Agency to use your approved credit card to charge for such travel service components and expenditures as are essential to you and your trip.
   3. Additionally, you represent and warrant that you are of full age (18 or older) to use our services and can create binding legal obligations in connection with the Agency.
   4. The Client agrees to comply with all such terms and conditions, including the payment of Agency services fees and all payments due to Suppliers for reservations/bookings made on Client’s behalf.
   5. Client shall be responsible for the payment of all associated travel costs and charges when due, including, without limitation, deposits, prepaid airline tickets, transportation, and hotel charges, cruise line fees, rush document deliveries, invoice/ticket reprints, exchanges, penalties, waivers, cancellation, change fees, airline service and departure fees, void processing fees, and penalty fees incurred by you, as well as the cost of any additional itinerary changes requested.
      
      
2. TRAVEL AGENCY SERVICES & FEES. Agency acts as an intermediary or a "Booking Agent" for products and services that are not directly supplied by Agency (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We sell a variety of these travel-related products from different vendors and service providers ("Suppliers") with whom you shall be entering into a separate contract in connection with such travel products and services that you purchase through our Agency. We are not co-vendors of such travel products and services.
   
   
   1. Agency charges a non-refundable professional service fee per person, which is necessary to commence your trip planning process. This fee amount depends upon the type of travel transaction requested. It confirms our commitment to you that we shall work diligently to plan, arrange, and book your leisure getaways, cruises and/or tours, including any air, ground transportation, and property selection. We strive to create your personalized travel package(s) to best meet your travel style, needs, interests, and requirements as requested. Also, this service fee and agreement are to reassure Agency that the Client is very committed to an ongoing collaborative working relationship.
   2. The Agency shall be available 24/7 to answer questions and to assist with the specific travel needs of the client during the term of this Agreement. Agency shall respond to the client’s emails/phone calls/text messages as soon as possible within a 24-hour period.
      
      
3. TERM/TERMINATION. The term of this Agreement shall be for one year. This Agreement shall automatically renew at the end of that term. This Agreement can be terminated at any time by either party with a signed written notice. You may not assign your rights or obligations under this Agreement to any third party (friend, family, spouse, associate). We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Agency is an independent contractor with respect to the Client and not an employee of the Client. AGENCY acts as an intermediary or a "Booking Agent" for products and services (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.) that are not directly supplied by Agency. Thus, no joint venture, partnership, or employment relationship exists between CLIENT and AGENCY or Agency’s Suppliers per this Agreement. You shall be entering into a separate contract with such Suppliers in connection with such products and services purchased directly from them through our Agency.
   
   1. Agency is required by law to disclose all pricing, fares, fees, taxes, surcharges, and rates provided by the Agency and Suppliers for travel purposes. Prompt disclosure is required under this paragraph to ensure Client receives the accurate pricing as displayed and conveyed. Besides charging a professional service fee, the Agency receives commissions from our preferred suppliers for selling their products and services to the Client. These commissions do not affect the Client's pricing for such products and/or services. Agency strives to be open and transparent by supplying all essential data available.
   2. Agency is not licensed to practice law. If legal advice is desired by you, please consult an Attorney.
   3. Agency is not a tax professional. Some discussions can and do involve accounting and presentation of budgets and costs summaries. When Tax advice is requested, contact a CPA or Tax professional.
   4. Agency is not licensed to sell insurance. We can provide quotes and brochures about the travel insurance we offer. If technical explanations about a policy or coverage are needed, we shall refer you to our travel insurance agents. We strongly recommend travel insurance to our clients.
   5. Agency cannot control future events, supplier’s decisions, cancellations, Acts of God, weather conditions, or quality of services provided by suppliers, and therefore cannot be responsible for outcomes that may adversely impact the Client’s travel plans beyond our control.
      
      
5. EMPLOYEES. Agency's employees, if any, who perform services for Client under this Agreement shall be bound by the provisions of this Agreement.
   
   
6. RESERVATIONS & PAYMENTS. We shall provide you estimated quotes for all trip component costs. The quoted price and space availability is not guaranteed and therefore are subject to change until your reservations have been paid in full. As soon as your payments are processed, Agency shall send you confirmations and/or vouchers. All airline tickets are now issued as eTickets and are subject to base fares, passenger facility fees, fuel surcharges, taxes, and other fees the airlines apply that shall be disclosed to you before payment and issuance of confirmed e-tickets on a quoted fare. Additional departure taxes and other airline fees not included may apply after ticket purchase. Boarding Passes can be acquired online through the airlines’ website 24-hours before flight departure for which we shall send you an email and/or text reminder. If requested, we shall obtain your boarding passes for you and then send them to you via email.
    
7. FORMS OF PAYMENT. We accept major credit cards (American Express, Visa, MasterCard or Discover Card); PayPal, and bank transfers as forms of payment. We do not and cannot accept personal checks or cash payments. Please note that all credit card payments are subject to a 4% bank processing surcharge. Before we can process your credit card payments, you must have completed our credit card authorization form. Only credit or debit cards shall be accepted as payment if the Client’s departure date is within 10 business days. Tickets or Vouchers shall not be released until full payment has been made and cleared.
   
   
8. DEPOSITS & TIMELY PAYMENTS. Timely payment of your non-refundable deposit (as outlined by suppliers) is essential to assure that we can hold your reservation for any Business or Leisure Trips, Tours and Cruises booked through Agency which are applicable to the final total payment due. We have the right to cancel your reservation and retain any refund amounts should you fail to make final payments in a timely manner as agreed. Please do not risk cancellation by making late or only a partial payment. Payment of a deposit enables the Agency to hold a reservation for you but does not guarantee the price, which is subject to change if the product is not paid in full. Thus, the quoted price can only be guaranteed once we receive full payment. We shall advise you of the date that full payment is due. A rebooking fee of $50.00 shall be assessed on all bookings that have not been paid within the specified due date.
   
   
9. TRAVEL DOCUMENTS & DESTINATIONS. Most travel documents are sent to you electronically whenever possible or via U.S. Mail when requested. It is your responsibility to ensure that all the details on your travel documents are correct. Once you have received travel documents (e.g. tickets, vouchers, etc.), you should immediately check whether all details are in order and that dates, names, and prices on all documents and visas correspond to your requests. The Client should immediately inform the Agency about any discrepancies or mistakes noticed. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in case of loss, theft, damage, etc. We reserve the right to charge a $50.00 (minimum) administration fee should you make a request for such documents to be sent as a hard copy overnight via Federal Express, UPS or another shipping or courier method.
   
10. SUPPLIER CHANGES. After full payment, although rare, the conditions of the contract with your Supplier may permit them to increase the cost of your reserved arrangements. We suggest that you read all the information, terms, and agreements sent to you from suppliers. We are not responsible for any increase in prices made by suppliers. As your Booking Agent, when we become aware of such an increase, we shall notify you and pass on any such increase to you. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
    
    
11. BOOKING CHANGES OR CANCELLATIONS. Every transportation company (carrier), travel supplier and hotel have their own regulations concerning booking changes and cancellations. The travel agency is only the selling agent on behalf of such companies and observes their conditions exactly as they are defined.  Note: It is important that you read such cancellation notices and policies from suppliers thoroughly.
    
12. If you have booked a flight and we are alerted to a significant schedule change by your airline before your departure, we shall contact you immediately by phone, text, and email to advise you of this change. We have no control over airline schedule changes and accept no liability for costs, which may arise because of such changes. If you have questions about such changes, we strongly recommend that you contact your airline by phone or the airline's website at least 72 hours before the scheduled departure of each flight. Please note that for some international airlines it is mandatory to confirm with them the Client’s intention to fly. Also, you can check-in for your flight 24-hours prior to your departure using the airline’s website to get your boarding pass(es).
     
13. HOTEL BOOKING CHANGES & CANCELLATIONS. Individual hotel bookings should be canceled by the date specified by the hotel or by 12:00 noon on the business day two days prior to your scheduled arrival to the hotel, otherwise, 100% of the cost of the first night can be charged to Client’s account. Please note that Changes in group bookings (minimum 10 persons) are considered cancellations if the new dates are not comparable to the original dates or if the group size decreases. If such changes are made less than 30 days prior to the beginning of the stay at the accommodation, cancellation fees shall be applied. Please notify us immediately should you desire to cancel or make changes to your hotel reservation(s). We strive to stay within the cancellation perimeters outlined by each supplier, so you do not incur cancellation penalties/fees.
     
14. PACKAGE TOUR CHANGES & CANCELLATIONS. According to our sales conditions, ready-made or tailor-made packaged trips are subject to a cancellation fee after the booking has been confirmed. The closer the cancellation takes place to the departure date, the greater is the likelihood a cancellation fee could reach 100% of the cost of the trip.
    
15. OTHER CANCELLATION TERMS. If a cancellation is made after payment is received and a reservation confirmation is made 30 days prior to the scheduled departure date all payments are returned to the client. Within less than 30 days additional penalties may apply, up to 100% of tour costs. No refunds are available once the trip commences. THERE ARE NO EXCEPTIONS, including weather, Acts of God, or other factors beyond our control.
    
    If the tour is canceled within 45 days of departure, you are eligible for a full refund or future credit as applicable from the supplier. I strongly recommend travel insurance to cover cancellation for any reason by you to ensure a refund of your travel investment.
    
    
16. SUPPLIER CANCELLATIONS. Suppliers may cancel or amend bookings after purchase for which you shall not be charged a cancellation fee.
    
    1. Subject to the Supplier’s terms and conditions, Client shall then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds shall apply.
    2. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased. Changes to passenger name details on a reservation are not allowed by many airlines and other Suppliers. If you cancel your travel arrangements, you may be entitled to a partial refund.
       
       
17. TRANSFER OF BOOKINGS. If for any reason you decide to transfer your pre-planned booking(s) arranged by us to another travel agency, a transfer fee of $300.00 (minimum) payable to us shall be required, invoiced and charged at the time transfer is requested before any transfer occurs. In addition, our $75.00 cancellation fee shall be applied to this transfer fee.
    
    
18. FLIGHT SEAT CONFIRMATION. If seats are not assigned in advance at the time of ticketing, we will reserve and reconfirm the Client’s seat assignments 72 hours before the Client’s scheduled flight departure date.
     
19. TRAIN TICKET CONFIRMATION. We shall make your rail reservations, but (unless you request us to do so) you should confirm all your rail reservations at least 45 days prior to your scheduled departure date.
     
20. VISA/SPECIAL PERMITS. You are responsible for obtaining any necessary visas, passports, and travel permits for all countries you intend on traveling to or transiting through. If you need information or help to obtain any of these travel documents and/or special permits, we can assist you by working with one of our Passport/Visa service providers. Please make certain that your passports are valid for at least six months after the latest expected end date of your planned trip, as some countries will not allow entry if your passport will soon expire.
    
    
21. TRAVEL INSURANCE. We recommend Travel Insurance, which is a vital part of your travel arrangements. Insurance protects you, your trip and your travel investment.
    
    
    1. Travel suppliers, airline carriers, or travel agencies do not compensate any of your unforeseen expenses in the event of cancellation or failure to make your trip (missed flights, cruises, etc.), lost baggage, loss of health, death and/or accidents or emergency evacuation due to illness, natural disasters or acts of terrorism.
    2. We strongly recommend that you consider purchasing a travel insurance policy for the duration of your journey. We can furnish you with brochures, a quote, and make the necessary arrangements for coverage. For more technical questions and policy explanations, we shall refer you to an agent at the travel insurance company issuing you the quote.
    3. Should you decide not to purchase travel insurance, you must sign an insurance waiver and assume sole financial liability for all direct and indirect consequences and costs resulting from events occurring before or during the trip. Note: Travel Insurance Waivers are required for all trip transactions.
    4. Purchased travel services from Agency do not automatically contain insurance at any time as part of the service or the price if it is not clearly stated that such insurance is included in the price.
    5. Client does not have the right to demand compensation from the travel agency for any unforeseen expenses incurred as a direct result of cancellation or failure to make your trip, lost baggage, loss of health, death, accidents and/or emergency evacuation due to natural disasters or acts of terrorism, if the travel agency is not the direct and immediate cause and reason for these expenses. This is also valid if the travel agency did not separately offer to you the possibility to buy travel insurance for other services bought and did not clarify the possible consequences of not having such insurance.
       
       
22. TRAVEL AGENCY RESPONSIBILITY. We are acting as a mere agent for suppliers in selling travel-related services, or in accepting reservations or bookings for services that are not directly supplied by this Travel Agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Agency, therefore, shall not be responsible for breach of Agreement, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury to travelers or travelers’ companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, Travel Agency does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen and agree that the Travel Agency shall not be responsible if they are not satisfied. If, while traveling, you are dissatisfied with the purchased service(s) or if the services do not coincide with the travel documents you have received, you must first consult directly with the local service representative immediately. Usually, in such cases, the situation is solved in favor of the traveler. If you do not receive a response to your complaint or if you are not provided with the required service, you should contact your travel agent immediately. Unfortunately, the travel agency is not able to process and forward vocal complaints after your return. Written complaints should include the original receipts directly substantiating the expenses for which one wishes compensation from or via the travel agency. Compensation claims which are not directly applicable to the documented travel arrangement (inconvenience, incomplete mission, mental or physical stress, lost time, etc.) cannot be considered for compensation by the travel agency or any firm other than the respective insurer.
    
    
23. CLIENT RESPONSIBILITY & ASSUMPTION OF RISK. Client understands and is aware that during any travel itinerary in which Client shall participate under the arrangements of Agency and its agents, associates, affiliated companies, or sub-agreements, certain risks and dangers may arise, including but not limited to the hazards of traveling in unsafe areas or under unsafe conditions, the hazards of traveling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by the Agency’s affiliated companies, Suppliers or Sub-Agreements. In consideration of and as part of the payment for the right to participate in such itineraries. The Client shall hereby expressly assume all of the above risks. The terms of this agreement shall serve as a release and express assumption of risk for Client, its heirs, assignees, administrators, executors, and all members of the family, including any minors accompanying Client. Client has read and fully understands the provisions and the legal consequences of this Release and Assumption of Risk and hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that releases the Agency and its agents, employees, officers, directors, associates, affiliated companies, and agreements, to the extent permitted by law, from liability for the negligent or reckless acts or omissions of the Agency’s affiliated companies, Suppliers and Sub-Agreements.
    
    
24. DISPUTES. If a dispute arises out of or relates to this Agreement or breach thereof, and if the dispute cannot be settled through informal negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation with participation of a neutral third person before resorting to binding arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties shall settle by binding arbitration. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees.
     
25. PRIVACY & CONFIDENTIALITY. The Agency handles all of the Client’s Personal information with discretion.
    
    
    1. Client recognizes that Agency has and shall have the following information: Business, personal, financial, and other proprietary information (collectively, "information"), which are valuable, special, and unique resources of the Client and need to be protected from improper disclosure. In consideration for the disclosure of the Information, the Agency shall not at any time or in any manner, either directly or indirectly, use any information for Agency's own benefit, or divulge, disclose, or communicate in any manner any information to any third party, except suppliers whose products are selected for travel purposes without the prior consent of Client. The Agency shall protect the client’s personal information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
    2. Your privacy is very important to us. Therefore, your personal information in our possession shall not be sold, shared or disclosed to third parties or other companies for any purpose beyond what is needed to secure your travel arrangements with our suppliers. Credit card, profile, mailing information, and past travel information shall be retained securely by the Agency.
       
       
26. MARKETING. You agree to receive newsletters and promotional emails and/or mailings from Agency periodically unless you explicitly ask to be removed from said mailings. Any photos that you send, or that are taken by our guides with your permission, are deemed to be authorized by you for use by and available for Agency in promotions we may present without any compensation to you for their use.
    
    
27. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
     
28. INDEMNIFICATION. You agree to indemnify Agency and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
     
29. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY. Agency, acts only as agent for client in acquiring transportation, hotel accommodations, sightseeing, and other privileges, or services for the clients’ benefit, and on the express condition that agency shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith. Agency shall not be responsible for breach of contract or any intentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay or injury to you or your travel companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice or reservation itinerary, we do not guarantee any of such suppliers’ rates, bookings, reservations, connections, scheduling or handling of personal effects. The travel agent and/or agency shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with any terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent’s/agency’s control. Agency shall not be liable for any injuries or any damage to any client or be subject to any claim, demand, injury, or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of agency, its officers, employees, or agents. Client does hereby expressly release and discharge agency from all such claims, demands, injuries, damages, actions or causes of action. You acknowledge that you have carefully read this paragraph and fully understand that this is a waiver and release of liability.
    
    
30. SEVERABILITY. If any provision of this Agreement shall be held to be invalid illegal or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
      
31. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
     
32. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Delaware.