1.  Travelmation, LLC, through and in conjunction with the Travelmation Independent Travel Consultant (“ITC”) selected by Client, acts as an independent intermediary on your behalf with one or more Travel Suppliers.  A “Travel Supplier” is an airline, hotel, vehicle rental company, tour operator, cruise line, or other supplier of travel services, with which you are booking or have booked travel through Travelmation as part of your travel booking/itinerary.  Reference to Travelmation in these Terms & Conditions includes Travelmation, LLC, and its members, managers, officers, employees, agents, parents, subsidiaries, and affiliates.

2. ITC has proposed certain Travel Suppliers to Client to be utilized for the Client’s trip/itinerary and pricing for the services provided by the Travel Suppliers, Client has selected Travel Suppliers and notified ITC of the selection, and Client hereby authorizes ITC/Travelmation to book the travel for the Client with the Travel Suppliers, and to act as the representative of Client on all communications and correspondence with the Travel Suppliers.

3.  Client understands, acknowledges, and agrees that Client will make payment directly to the Travel Supplier, and that payment will not be made to, collected by, or held by Travelmation (or any account or merchant service of Travelmation).  Travelmation reserves the right to grant exceptions to this requirement, but only if expressly agreed to in writing in advance by Travelmation (and in no event will Travelmation be liable or otherwise responsible for money paid by Client to any person or entity other than Travelmation).

4. By submitting a credit card authorization form to ITC and/or Travelmation, you agree to allow ITC and/or Travelmation to use your payment method to purchase the travel from the Travel Suppliers on your behalf. The Client agrees that with respect to any such credit card payments, Client hereby waives Client’s right to initiate a chargeback or dispute with their credit card issuer or financial institution for any reason, including dissatisfaction with services provided by ITC, Travelmation, or any Travel Supplier.  In the event Client initiates a chargeback or dispute that results in the withdrawal of payment by the credit card issuer, Client agrees to pay the reasonable attorneys fees incurred by ITC and/or Travelmation in collecting directly from Client the amount of the credit card charges that were reversed (in whole or in part), and to defend, indemnify, and hold ITC and Travelmation harmless from any claims asserted by any person or entity (including a Travel Supplier) in any way relating to the chargeback of dispute.

5. In the event of any pricing error or omission, ITC and Travelmation reserve the right to adjust such pricing or make any other corrections. All offers, incentives, and Travel Supplier promotions are subject to availability and may change without notice. Client is advised to confirm reservations well in advance of your anticipated dates of travel to avoid disappointment, or increases in fares.  Neither ITC nor Travelmation make any representation or warranty as to the value of the price charged by a Travel Supplier or that it is the “best available” or similar representations.

6. Client acknowledges, understands, and agrees that once travel is booked with a Travel Supplier, any changes to the travel booked with the Travel Supplier (including dates, itinerary, number of travelers, locations, number of rooms or seats, accommodations, names of travelers, etc.) are subject to modification fees/charges, cancellation fees/charges, or other penalties that may be imposed by the Travel Supplier under the terms, conditions, and agreements of/with the Travel Supplier (collectively referred to as the “Travel Supplier Imposed Penalties”).  Client agrees that under no circumstances will ITC or Travelmation be responsible or liable for any Travel Supplier Imposed Penalties.

7. It is the responsibility of Client to obtain, review, and understand the various requirements for travel imposed by Travel Suppliers and governmental authorities, which include requirements as to: passports or other identification; minimum age for travel; travel by unaccompanied minor (and evidence of authority to travel with a minor child without both parents); immunizations or restrictions on travelers with certain medical conditions; entry visas or other similar restrictions (including restrictions on persons convicted of certain crimes); and restrictions on produce or other goods, medications, drugs, or hazardous substances (“Requirements for Travel”). Client understands and agree that while ITC and Travelmation can be a resource for understanding Requirements for Travel, it is the ultimate responsibility of Client to know and comply with Requirements for Travel, and Client waives and releases any claims against ITC and Travelmation arising from or in any way relating to denial of or restriction or limitation on entry of access due to failure of Client or travelers on Client’s itinerary to comply with any Requirements for Travel

8. Client is responsible for reviewing and understanding the terms and details of the confirmation of booking provided to Client by your ITC with respect to your travel and itinerary – including: (A) confirming that the dates and times of travel are correctly stated; (B) the names, spellings, dates of birth, and other required identifying information for travelers on the itinerary you are booking; (C) knowing and complying with payment due dates; and (D) knowing and understanding any applicable restrictions and/or penalties resulting from any cancellation or modification of a booking/itinerary (in whole or in part).  Please review these details carefully!  

9. Client understands and acknowledge that travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism, warfare, insurrection, strikes, or acts of God/natures such as hurricanes, fires, floods, or other similar incidents.  Because each Client’s risk tolerance is different, it is incumbent on Client to investigate and understand the risks inherent with travel to any area of the world, including any prevailing travel bans, restrictions, or warnings, and to make the decision as to whether the Client desires to undertake travel.  Resources: Centers for Disease Control, www.cdc.gov/travel; United States Department of State,www.travel.state.gov.

10. Client understands, acknowledges, and agrees that Travelmation and ITC do not have the duty or ability to control the operations, actions, omissions, conduct, or decisions, of the Travel Suppliers, or the quality, integrity, quantity, value, or safety of the goods, services, transportation, or accommodations provided by the Travel Suppliers, which Client agrees are the responsibility of each of the respective Travel Suppliers (collectively, the “Traveler Suppliers’ Responsibilities”). Client also understands and agrees that Client’s trip/travel booked through ITC/Travelmation may be cancelled, interrupted, shortened, or the itinerary modified due to a myriad of factors, including weather, geopolitical incidents, natural disasters, strikes, cessation of business by a Travel Supplier, or other causes (“Incidents”). Further, Client understands, acknowledges, and agrees that ITC and Travelmation have no duty to protect Client or travelers on Client’s itinerary from bodily injury, sickness, disease, or death, or property or financial damage/theft/loss, that may be sustained from any cause whatsoever during travel (collectively, the “Travel Risk Factors”).  Client waives and releases Travelmation and ITC from any claim for loss, damage, or injury of any kind or nature in any way relating to or arising in whole or in part from any of the Traveler Suppliers’ Responsibilities, Incidents, and/or the Travel Risk Factors. Client shall indemnify, defend, and hold harmless ITC and Travelmation (including its officers, directors, employees, and agents) from and against any and all claims, suits, demands, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys fees and court costs) arising out of or relating to (A) any breach of the agreements of Clients set out in these Terms and Conditions (including Client asserting any claim or suit against Travelmation or ITC that has been released by Client in these Terms and Conditions; (B) any Travel Supplier Imposed Penalties; and (C) any claims, damages, or other liabilities (including contractual liabilities) asserted against ITC and/or Travelmation by Travel Suppliers or any other person in any way relating to the Client’s travel. This indemnity obligation of Client shall survive the expiration or termination of this Agreement.

Further, Client acknowledges and agrees that neither Travelmation nor ITC shall be responsible or liable for - and Client hereby releases Travelmation and ITC from any claims or causes of action for – any loss, cost, expense, refund, damage, and/or injury (of any kind whatsoever) in any way arising out of or resulting from: (A) the acts or omissions (including negligence, gross negligence, or intentional misconduct) of any Travel Supplier; (B) bankruptcy, cessation of business, or default for any reason by a Travel Supplier; (C) failure of a Travel Supplier to provide services as advertised/promised, or to adhere to published schedules or itineraries, as well as any resulting delay or inconvenience; (D) any increase in price before or after booking by a Travel Supplier; (E) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by a Travel Supplier; or (F) any act, error, or omission by or on the part of any other person or entity, other than Travelmation.  Travelmation and ITC will work with Client should such circumstances arise, always striving for the highest satisfaction of the Client.

11.  Travelmation strongly recommends that Client purchase trip cancellation and travel accident/sickness/injury insurance.  Client can inquire with ITC about the availability of such insurance.  However, Travelmation and ITC are not insurance agents, and Travelmation and ITC make no representations or promises as to the availability, terms, or benefits of any such insurance, and Client should contact the company issuing any such insurance for any questions relating to the terms, benefit, conditions, or exclusions of such insurance. 

12. In some cases travelers with disabilities are unable to use their own wheelchairs, mobility devices, medical equipment or devices, and rental of special equipment or devices may result in additional charges. Travel Suppliers may impose charges for additional baggage and may have restrictions on the size of wheelchairs that they can accommodate. In order to travel with a service animal or emotional support animal, some Travel Suppliers may require advance arrangements and special documentation of the animal’s health and training. When traveling outside of the United States or Canada, laws and regulations will often apply different standards of accommodation for travelers with disabilities or special needs. While Travelmation and ITC are committed to assisting travelers with disabilities or special needs, Travelmation and ITC are not responsible for the failure of Travel Suppliers to meet the needs of travelers with disabilities or needing other accommodations.

13. The laws of the State of Florida govern the interpretation and application of the agreement formed by Client’s agreement to these Terms and Conditions (the “Agreement”). In the event of any dispute between Client, ITC, and/or Travelmation under this Agreement, each of them hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Broward County, Florida to resolve all such disputes. No suit or action against ITC or Travelmation in any way arising from this Agreement or the travel contemplated in this Agreement may be brought against ITC or Travelmation unless the suit or action is filed within one year of the date of the completion of the travel. ITC and Travelmation receive commissions and fees for travel booked for the Client from Travel Suppliers, and Client agrees and understands that any recovery by Client against ITC or Travelmation under this Agreement or in any way relating to Client’s travel is limited to the amount of these commissions and fees received by ITC or Travelmation, and Client further waives and releases ITC and Travelmation from any claims for punitive, exemplary, or consequential damages.

14.    By clicking “I agree to the Travelmation terms & conditions” below (or otherwise indicating consent to these terms and conditions), the Client agrees to comply with and be bound by these Terms and Conditions and that such Terms and Conditions constitute a binding agreement as to Client, Travelmation, and ITC. Travelmation reserves the right to amend or replace these Terms and Conditions at any time, in Travelmation’s sole discretion, with such amendment or replacement to apply prospectively to travel bookings made after the effective date of such amendment or replacement.  Client acknowledges and understands that each Travel Supplier may have its own terms and conditions pertaining to a booking (please reference your booking confirmation).