These terms and conditions (“Terms and Conditions”) govern the relationship between ZN Wegh Travels, an independent affiliate of Mommy and Wee Travels LLC d/b/a Mommy and Wee Travels (“MWT” and/or “we/us/our”) and you, the purchaser or traveler (“Client” and “passenger” and “you/your”).
These terms and conditions (“Terms and Conditions”) govern the relationship between Mommyand Wee Travels LLC d/b/a Mommy and Wee Travels (“MWT” and/or “we/us/our”) and you,the purchaser or traveler (“Client” and “passenger” and “you/your”). By planning travel withMWT, you agree to be bound by these terms and acknowledge that MWT acts solely as abooking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, aircharters, bus companies, ground transportation, boat purveyors or owners, and otherindependent contractors providing accommodations, transportation, and other services(“Supplier(s)”) and is not the source or provider of the travel services. These terms includewarranties and disclaimers and exclusions of liability and may restrict your rights and remediesand provide protection to MWT.
1. USE OF MWT SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGSYou warrant that you are at least 18 years of age and possess the legal authority to enter intothis Agreement and to make travel bookings with MWT. You agree to be financially responsiblefor all travel bookings you make with us, whether made on behalf of yourself or for othermembers of your traveling party. You warrant that all information supplied by you on behalf ofyourself, members of your household, or others for whom you are authorized to transactbusiness with us is true and accurate. You agree that you will only make legitimate reservationsor purchases with MWT and its Suppliers, and you acknowledge that, without limitation, anyspeculative, false, or fraudulent reservation is prohibited.
MWT accepts all bookings solely as the booking agent for the travel Suppliers on your itinerary.Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree that by bookingtravel through MWT, you are also agreeing to the booking terms of each Supplier partner youhave selected for your itinerary. You agree that you will abide by the terms and conditions ofpurchase imposed by any Supplier that you have selected as a service provider on an itineraryyou have approved.
MWT is not liable or responsible for any arrangements made independently of MWT. MWTassumes no responsibility for costs or fees you incur for independent arrangements not bookedthrough MWT, inclusive of, but not limited to, airline, hotel, excursion, and travel protectionrelated charges. If you make your own flight arrangements, MWT is not responsible for any lossresulting from cancellation or changes in international gateways, itineraries, or travel dates,and cannot assist you with any schedule changes or delays related to air reservations you havemade on your own arrangement. It may not be possible to earn frequent flyer or other loyaltypoints for reservations on your itinerary. With limited exceptions, hotel and airline rewards orpoints cannot be redeemed for travel arrangements made by MWT.MWT is California Seller of Travel 2146568-70, Florida ST42785. Registration as a seller of traveldoes not constitute approval by the State of California.
2. RIGHT TO CORRECT ERRORS AND OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reservethe right to adjust such pricing or make any other corrections. All offers, incentives and Supplierpromotions are subject to availability and may change without notice. You are advised toconfirm reservations well in advance of your anticipated dates of travel to avoiddisappointment, increases in fares and additional late booking fees.
3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGSYou shall be completely responsible for all charges, fees, duties, taxes, and assessments arisingout of your travel bookings through MWT. By submitting a credit card authorization form toMWT, you agree to allow MWT to use your payment method to purchase travel products fromour Suppliers on your behalf. EXCEPTING IN CASES 0F FRAUD, YOU AGREE NOT T0 FILE ANYDISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKINGTERMS AND CONDITIONS OF MWT OR ITS SUPPLIERS, INCLUDING CANCELLATIONS ORCHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF MWTOR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLYAUTHORIZED TRIP PAYMENT, MWT RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS,FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION,INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms andconditions of booking. You understand that failure to make final payment or any violation of aSupplier’s conditions of purchase may result in cancellation of your reservations, in your beingdenied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeitingany monies paid for your reservations. In some cases, there is NO REFUND once a booking ismade and under deposit. You may not be entitled to a refund if you change or cancel yourtravel plans after confirmation of a booking. All cancellation requests must be sent to MWT inwriting. As a result of cancellation or changes to confirmed bookings, MWT's and third-partySupplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit cardor other payment method you authorized to pay for travel services or deducted from theSupplier’s refund.
If you decide to change any portion of your confirmed arrangements prior to departure orduring your trip, we will attempt to assist you. Certain bookings may not be able to be changed,and you will be responsible for any increases in cost imposed by the Supplier, as well as anyMWT or Supplier change fees. All requests for changes to a booking must be made in writing toMWT. When tour, cruise or package prices are based on Suppliers’ contract rates, you will notbe entitled to any refund for any unused portion of travel.4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATIONREQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and allother documents required by applicable government regulations. Passport cards are notaccepted for most international travel. When traveling domestically or internationally, the U.S.Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS)advise that everyone carry acceptable identification in order to board a flight. Acceptableidentification can be found at http://www.tsa.gov/ and examples include DHS-designatedenhanced driver’s license, US passport, or a foreign government passport.Certain countries will not admit a passenger if their passport expires within six (6) months ofthe anticipated date of return. Non-United States citizens may require additionaldocumentation, and you are responsible to make MWT aware when traveling on a passportfrom a country other than the United States of America. MWT neither controls nor warrantsthe issuance of visas or approval of visa waivers related to your travel. Should a visa not beissued, MWT is not responsible for lost payments made toward your trip. Please note that rulesof each country regarding entry and exit may change at any time.
Children and infants may also require travel documents. Minors traveling with one parent,and/or without both parents, may be stopped and not admitted, unless authenticated andverified consent forms are provided to the authorities; please see https://help.cbp.gov foradditional information. The U.S. Customs and Border Protection Agency requires that forgroups of children under age 19 arriving to the United States by land or sea from contiguousterritory and traveling with a school group, religious group, social or cultural organization, orsports team, may also present an original or copy of his or her birth certificate, a ConsularReport of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent mustbe provided to the supervising adult or group leader in writing.
The name, date of birth and gender that appears on the identification card must exactly matchthe same such data that is listed on your tickets and booking records. You acknowledge that it isyour responsibility to ensure that the information on your tickets and confirmations is accurate.Any discrepancy between your reservation and your travel documentation may result in deniedboarding or an undue delay at an airport security checkpoint causing you to miss your flight,and any subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW ANDVERIFY ALL INFORMATION FOR ACCURACY. CONTACT MWT IMMEDIATELY IF CHANGES ORCORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TOYOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR TRAVELDOCUMENTS, MWT BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITHMAKING NECESSARY CORRECTIONS.
5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTSEach country holds different views of past criminal offenses, whether within or outside of theirboundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. Wedo not inquire about an individual’s criminal record in the interest of respecting our Clients’privacy. For example, if traveling to or through Canada, individuals with a Driving WhileIntoxicated (DWI) record or with judgements for unpaid child support should review currententry requirements. See: https://www.canada.ca.
6. IMMUNIZATIONS AND HEALTH SCREENINGSYou must have the proper immunizations and health screenings and required documentation ofsuch immunizations and screenings before travel. MWT shall not assume responsibility for theaccuracy of health, vaccination, or documentation requirements prior to departure or uponlanding at the final destination. In some cases, required inoculations must be recorded byClient’s health practitioner on a valid vaccination certificate, which the Client must carry forproof of inoculation. If you are concerned about taking any medications or receiving certaininoculations, check with your health practitioner BEFORE booking. Check the State DepartmentWeb site http://travel.state.gov, for relevant information relating to travel to specificdestinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating tohealth issues related to travel.
7. RISKS AND SAFETYTravel to certain destinations may involve greater risk than others. MWT urges Clients toremain informed on a daily basis as to current news events, as well as to review travelprohibitions, warnings, announcements and advisories issued by the United States Governmentprior to booking travel to international destinations. Information on health and safetyconditions in various countries and the level of risk associated with travel to particularinternational destinations can be found at http://www.state.gov, http://www.tsa.gov,http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. TheSmart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government toU.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enterinformation about your upcoming trip abroad so that the Department of State can better assistyou in an emergency. Registration is recommended and provided by going tohttps://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, MWT DOES NOT REPRESENTOR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOTBE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCHDESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS ATCLIENT’S OWN RISK.In the event of emergent health or safety concerns, once MWT has investigated the prevailingsituation, MWT shall have the sole and absolute discretion whether to proceed with any MWTescorted trip or private departure, or to make alterations to the itinerary.
8. HAZARDOUS MATERIALSFederal law prohibits passengers from bringing hazardous materials on the aircraft.(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’sluggage or on the passenger’s person. A violation can result in five years’ imprisonment andpenalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives,compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- activematerials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, andradiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal andtoilet articles carried in the passenger’s luggage and certain smoking materials carried on thepassenger’s person. For further information, each passenger should contact the relevant airlinerepresentative(s) on their itinerary. Restrictions on hazardous materials are listedhttp://www.tsa.gov/traveler-information/prohibited-items.
9. INSECTICIDE NOTICEWe recommend that you refer to the DOT list of airports in countries that require airlines totreat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list ison the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
10. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-INYour airline ticket is a contract between you and the air carrier, even if you purchase throughMWT. If you purchase air travel through MWT, you acknowledge and agree that MWT does nothave the right to control the operations of independent airlines, and agree that MWT is notliable for any personal injury, property damage related to your purchase of air tickets or airtravel, including, but not limited to any act, error, omission, injury, loss, accident, or delaycaused by any act, error or omission of the airline, including their failure to deliver services,partial or inadequate delivery of services, airline policies including refund or rebooking policies,fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.MWT shall not assume any responsibility for any air schedule changes. In rare instances, upondeparture from a country, certain departure taxes must be paid in cash only, and may vary inprice. Failure to use a reservation may result in automatic cancellation of all continuing andreturn flights, as well as forfeiture of airfares.Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itineraryfare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hoursprior to scheduled departure for domestic flights and 3 hours prior to scheduled departure timefor international flights. Reconfirm flight times at least 24 hours prior to scheduled departuretime for domestic flights, and 72 hours prior for international flights.By checking in for a flight, tour or cruise, you may be agreeing to additional terms andconditions imposed by the Supplier. If you have authorized MWT to check you in for anycomponent of your trip, that you take full responsibility for agreeing to and complying with theSupplier’s terms and conditions of check-in.
Frequent Flyer mileage accrual is at the discretion of the airline(s). MWT has no liability ifaccural of miles or points is denied or if upgrades are not allowed. Many airlines do not permitupgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyaltystatus or certificates.
Seat assignments are not guaranteed even after they are assigned, and MWT has no controlover airline seat assignments. Most airlines charge a fee to pre book a seat.11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
MWT acts solely as a booking agent for disclosed principal Suppliers and is not the source orprovider of any travel service. Each Supplier is an independent entity with its own managementand is not subject to the control of MWT. The Suppliers whose names appear in traveldocumentation are those actually responsible for providing the travel services purchased, andyou consent to the use of those Suppliers.
Some group tours are based on minimum numbers of passengers traveling; if the number ofpassengers falls below the minimum required, a surcharge may be imposed, or the tour may becanceled. Any cancellations of a tour or package for reason of failing to meet the minimumtraveler requirement will be governed by the tour operator’s cancellation policy.The Supplier may determine that alterations in itinerary are necessary for any number ofreasons, including but not limited to severe weather. Any alterations to an itinerary are at thesole discretion of the Supplier, and MWT bears no responsibility for any changes.
BECAUSE MWT ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVETHE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS ANDSUPPLIERS, YOU AGREE THAT MWT IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTYDAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. MWT HEREBY DISCLAIMS ANY LIABILITYWHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDINGWITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL,INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICESPROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH MWT, INCLUDING WITHOUTLIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR
IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS,OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVEEMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION,THEIR FAILURE T0 DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIRCANCELLATlON AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OFOPERATIONS AND OTHER MATTERS OUTSIDE OF MWT’S CONTROL, AND YOU HEREBYEXONERATE MWT FROM ANY LIABILITY WITH RESPECT TO THE SAME.MWT HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENTAGREES AND UNDERSTANDS THAT ANY RECOVERY FROM MWT WILL BE LIMITED TO THEAMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY MWT.
12. FORCE MAJEUREMWT will not be in breach of these terms and conditions or otherwise be liable to you, for anyfailure or delay in performing an obligation under this Agreement that is due to any of thefollowing causes, to the extent beyond its reasonable control: acts of God, accident, riots, war,terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communicationfacilities, including web host and internet service provider, breakdown or malfunction ofequipment, destruction of or serious damage to facilities, natural catastrophes including, butnot limited to extreme weather events, floods and volcanic eruptions, governmental acts oromissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack ofavailability of raw materials or energy, and any other unforeseen circumstance which is beyondthe control of MWT. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALLTRIPS.
In addition, each of MWT’s Suppliers have terms and conditions which include Force Majeureprovisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to,and may in their sole and absolute discretion, vary, postpone or cancel any itinerary orarrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion ofthe Supplier pursuant to their policies, although MWT shall use its reasonable efforts to securereimbursement for you where possible.
13. CLIENT CONDUCTEach participant in any trip escorted by MWT is expected to act responsibly and adhere to allbehavior guidelines established by MWT and our Suppliers, including adhering to dress codes atreligious or cultural sites, or Supplier dress codes. MWT and all local Suppliers reserve the rightto remove you from any facility, hotel or resort property, tour location or means oftransportation if your health or your conduct appears to endanger yourself or others, disruptsthe general well-being of other clients on any element of your trip, or interferes with theoperation or security of the places you visit. In any such case, there will be no refund.
When you book with MWT, you accept responsibility for any damage or loss caused by you. Fullpayment for any such damage or loss (reasonably estimated if not precisely known) must bepaid directly at the time to the accommodation owner or manager or other Supplier. You mustindemnify MWT for the full amount of any claim (also including legal costs) made against us.We are not responsible for any costs incurred concerning a guest removed from a trip, or anyportion of a trip. You agree not to hold MWT or any of its related entities liable for any actionstaken under these terms and conditions. Baggage and personal effects are at all times the soleresponsibility of the participant.Any transportation, possession or use of illegal drugs will result in immediate termination ofyour trip and may result in prosecution by law enforcement authorities. You are responsible forknowing and observing the licensing laws for drug possession (including prescription and overthe counter drugs) for all countries and states you are visiting. Laws may require you to carry aprescription from your doctor.
14. CURRENCY FLUCTUATIONSCurrency exchange rates fluctuate. Prices are subject to change based upon currency exchangerate fluctuations. MWT is not responsible for surcharges or foreign transaction fees imposed byClient’s credit card or bank.
15. TRAVEL INSURANCEMWT OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIRINVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDEDIN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIERDEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FORCRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION &REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS,JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVELACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOUFROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance,you understand and agree that if you cancel or interrupt your travel for any reason, portions ofthe trip/tour may not be refunded and MWT’s and travel Suppliers’ cancellation penalties willapply resulting in the loss of monies up to the full cost of Client’s travel booking and relatedcosts. The purchase of travel insurance is not required in order to purchase any other productor service offered by MWT, however if you decline to purchase insurance, MWT may requirethat you execute an insurance waiver. MWT is not a licensed insurance broker, and its advisorsare not qualified or authorized to answer technical questions about benefits, exclusions, andconditions of any of the insurance offered, nor evaluate the adequacy of the prospectiveinsured’s existing insurance coverage. An additional charge applies for any travel insuranceselected. It is your responsibility to know what your insurance policy covers, and to putalternative coverage in place, if you wish to insure for conditions that are excluded by yourpolicy. MWT CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE
FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUTTHE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.16. RESERVATION OF RIGHTS AND CHANGES TO THESE TERMSWe reserve the right, in our sole discretion, to change these Terms and Conditions at any time.Updated versions of the Terms will be provided to Clients, will be posted on our website andare effective immediately on posting.
17. GENERALThe laws of the State of Florida govern these Terms and Conditions. You hereby consent to theexclusive jurisdiction and venue of courts in Pasco County, Florida in all disputes arising out ofor relating to travel bookings with MWT. Any claim against MWT must be brought within 12months after the date of the completion of the trip and not later. MWT shall not in any case beliable for damages other than compensatory damages, and you waive any right to claimpunitive or exemplary damages. You agree that you may only bring claims in your individualcapacity and not as plaintiffs or class members in any class action, proposed or purported classaction, or other representative action, regardless of the type of proceeding. You expressly agreeto waive and forego any and all rights to bring any such class actions, purported or proposedclass actions, or representative actions.If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuantto applicable law including, but not limited to, the warranty disclaimers and liability limitationsset forth above, then the invalid or unenforceable provision will be deemed superseded by avalid, enforceable provision that most closely matches the intent of the original provision andagreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitutethe entire agreement between the Client and MWT with respect to travel bookings made withMWT by any means, and it supersedes all prior or contemporaneous communications andproposals, whether electronic, oral, or written, between Client and MWT with respect tocommunications with MWT. A printed version of this agreement and of any notice given inelectronic form shall be admissible in judicial or administrative proceedings based upon orrelating to these Terms and Conditions to the same extent and subject to the same conditionsas other business documents and records originally generated and maintained in printed form.
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