Terms & Conditions

We are Love + Leisure Boutique Travel Agency and are excited to help you with your travel. The following terms & conditions (the "Agreement") describe what you can expect from us. The terms "we", "us", "our", and "Travel Agency" refer to Love + Leisure Boutique Travel Agency and the terms  "I", "they", "traveler", "passenger", or "you" refers to the individual who signs this agreement.  If you are obtaining a quote for and/or securing or procuring travel for more than just yourself, all references below that reads “I” (and derivations thereof, including without limitation “you”) shall be read to mean you on behalf of yourself and each individual within your group for whom you are obtaining a quote and/or securing or procuring travel.

THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”). Please read it carefully before signing/accepting/acknowledging.

I understand that Love + Leisure Boutique Travel Agency, is not the source or supplier of the travel services, airline travel, or any third party operated excursion or activity that I have requested, and acts solely as an agent for the actual suppliers of such services. I have been advised that the suppliers whose names appear in the information supplied to me are those who are actually responsible for providing the services I have purchased. I consent to and request the use of those suppliers and agree not to hold Love + Leisure Boutique Travel Agency responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience. Love and Leisure Boutique Travel Agency can accept no responsibility for losses or additional expenses due to delay or changes in air, sea or other services, sickness, weather, strike, war, quarantine or other causes.

 

Cancellation- Please see specific supplier terms below

I understand that all reservations are subject to the terms, conditions, and restrictions of the supplier(s), including but not limited to cancellation and change policies, which may result in additional costs. Love + Leisure Boutique Travel Agency accepts payment by credit card only. By using a credit card, I acknowledge that such payment method may provide certain protections in the event of supplier default. I further agree that initiating a fraudulent or unwarranted chargeback constitutes a breach of this agreement. In such cases, Love + Leisure Boutique Travel Agency reserves the right to pursue recovery in small claims court. If Love + Leisure Boutique Travel Agency prevails, I agree to be responsible for all legal fees, court costs, and an administrative fee of $350 associated with handling the chargeback.

 

I agree that neither Love and Leisure Boutique Travel Agency nor its parent, affiliates, subsidiaries or representatives will be or become liable or responsible in any way for any loss, costs, expense, injury, accident, death, or damage to person or property resulting directly or indirectly from (i) the acts or omissions of the suppliers, including, but not limited to, delays or cancellation of services, cessation of operations, breakdown in machinery or equipment, technology problems, or changes in fares, itineraries or schedules, and/or (ii) acts of God, fire, acts of government or other authorities, wars, acts of terrorism, piracy, civil unrest, strikes, riots, thefts, pilferage, pandemics, epidemics, quarantines, other disease, climatic aberrations, dangers incident to activities or from any other cause beyond Love + Leisure Boutique Travel Agency control. (iii) activities, food, beverages, alcohol, or crime on or off the resort.

Travel Consent

I acknowledge that I am voluntarily participating in the travel services arranged by Love + Leisure Boutique Travel Agency. I agree that Love + Leisure Boutique Travel Agency shall not be liable for any special, indirect, incidental, or consequential damages. I further agree to indemnify, defend, and hold Love + Leisure Boutique Travel Agency, its owners, employees, contractors, and affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses (including reasonable attorney’s fees) arising from my participation in these travel services, except to the extent directly caused by the gross negligence or willful misconduct of Love + Leisure Boutique Travel Agency.

I understand that the Transportation Security Administration (TSA) requires me to carry a government-issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight. I understand that if traveling internationally, I must have a valid passport and depending upon my destination and nationality, I may need to obtain one or more visas. I take full responsibility and must determine the proper entry requirements when traveling internationally. This includes passports, visas, vaccinations, legal authorization, and any documents that may be required such as a minor traveling without parents. All passengers are required to have a valid passport to travel. Passports should be valid for at least six months after the return date. Traveler assumes complete and full responsibility for, and hereby releases Travel Agency from any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. It is the passenger’s responsibility to have proper passports or government-issued IDs where permitted. It is the traveler’s responsibility to be informed of any state department warnings where they are traveling. I also need to be aware of any health risks and take the appropriate precautions.

 

I will review my documents when I receive them and notify the travel agency of any discrepancies.  It is the traveler's responsibility to have appropriate documents for identification. It is the traveler's responsibility to read online or in the brochure from cruise lines, hotels, resorts, suppliers or tour companies and be aware of any cancellation penalties. Refunds, if due from airlines, tour companies, suppliers, resorts, cruise lines and hotels will be made to our customers only after the monies have been received from these sources by us. This process may take a minimum of 5-7 business days and possibly longer. Rates are subject to change and availability until a deposit or full payment is paid. Cancellation may incur a full payment penalty. The deposit may be non-refundable. Please see the above and supplier cancellation terms.

I acknowledge that travel involves inherent risks, including but not limited to health hazards, unsafe conditions, weather events, natural disasters, strikes, political instability, and supplier insolvency. Love + Leisure Boutique Travel Agency has no special knowledge regarding and does not guarantee the financial stability of any travel service provider, the safety of any destination, or the conditions that may exist there. I am advised to review the U.S. Department of State travel advisories at www.travel.state.gov and the Centers for Disease Control at www.cdc.gov/travel for up-to-date information. I understand that the purchase of comprehensive travel insurance is strongly recommended, and I accept full responsibility for protecting my travel investment.

Travelers are advised to obtain appropriate travel insurance coverage against these risks.  By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. The traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of a personal emergency or change in plans. Travel cancellation/interruption insurance is available and highly recommended. If you decline travel insurance, you do so at your own risk and costs. Travel Agency does not answer insurance-specific questions. Questions will need to go to the insurance provider.

 

Limitation of Liability

To the maximum extent permitted by law, the total liability of Love + Leisure Boutique Travel Agency for any claim arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of commissions and/or service fees actually received by Love + Leisure Boutique Travel Agency for the booking giving rise to such claim. In no event shall Love + Leisure Boutique Travel Agency be liable for any indirect, incidental, special, punitive, or consequential damages, even if advised of the possibility of such damages.

Many airlines charge fees for checked luggage, check with your airline for additional charges. Travel documents will be issued by Classic Vacations, Funjet Vacations, Apple Vacations, Blue Sky Tours, GoGo, Vacation Express, Delta Vacations, BedsOnline, Travel Impressions, or any supplier not limited to what is listed. Travel Agency may book through a host agency. Travel Agency, therefore, shall not be responsible for breach of contract, 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, special requests, 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 Love + Leisure Boutique Travel Agency  will not be responsible if you are not satisfied. I understand that Love + Leisure Boutique Travel Agency  and their Agents may not be able to return my calls, schedule consults, or return emails until the evening after 5pm on weekdays.

 

I agree that any claim, dispute, or legal proceeding arising from or related to this Agreement, my travel arrangements, or services provided by Love + Leisure Boutique Travel Agency shall be brought exclusively in the state and county courts located in the jurisdiction where Love + Leisure Boutique Travel Agency's travel agent is domiciled. If I initiate legal proceedings in any other venue, I agree to reimburse Love + Leisure Boutique Travel Agency for all costs, expenses, and reasonable attorney’s fees incurred in seeking dismissal or transfer of such action to the proper venue.

 

By making a deposit or paying in full for your vacation, you acknowledge and agree to the terms and conditions as set forth below: 

Quote terms & Conditions

Terms for your specific reservation are  Included in your quote.  When signing, you agree you are aware of the terms and conditions outlined in your quote

 and you agree to the terms and conditions.  

Please read it carefully before signing/accepting/acknowledging. 

Cancellation Policy

Included in your quote from your travel advisor.

 When signing, you agree you are aware of the cancellation policy outlined on your quote and you agree to the cancellation terms.

 

 

SUPPLIER TERMS & CONDITIONS:

TERMS & CONDITIONS: By making a deposit or paying in full for your Classic Vacations Hawaii vacation, you acknowledge and agree to the terms and conditions as set forth below.

RESERVATIONS: Contact your Travel Advisor.

PAYMENTS: For all bookings made forty-five (45) days or more prior to departure, a minimal deposit per person is required by Classic Vacations within seven (7) days of making your reservation unless otherwise noted. If your deposit is not received by Classic Vacations within seven (7) days or by a specified option date, your booking will be automatically canceled. Final payment is due forty-five (45) days prior to departure in most cases. Full payment is due immediately for bookings made within forty-five (45) days of departure unless otherwise noted. Hotels may require full payment at the time of booking for high-demand periods. Generally, villas, yachts, and private jets require a fifty (50) percent deposit at the time of booking. Most published airfares require full payment and immediate ticketing.

PRICES: Advertised prices are subject to change without notice prior to deposit. All applicable taxes are included in the price of the vacation, unless otherwise specified. Fees or other charges, such as surcharges or taxes imposed by the airline after your vacation purchase (if any), however, will be your responsibility. Some airport departure fees may not be included in the cost of your vacation, and you must pay them directly to the airline.

NOT INCLUDED: Gratuities, meals and beverages (except where otherwise noted), telephone calls, some airport departure taxes and fees, resort fees, local driver’s license fees, car seats, gas, parking, rental-car overtime fees, fuel surcharges, baggage fees, and any other items of a personal nature.

PRICE PROTECTION: All bookings are price protected by Classic Vacations upon receipt of a deposit and purchase of either the Travel Smart Plan program or the Change & Cancellation Waiver, or upon full payment for the entire booking prior to any price changes. Published airfares require full payment at the time of booking to qualify for price protection. Tax changes, fuel surcharges, and consumer-initiated changes are not price protected.

LAST-MINUTE BOOKINGS: Classic Vacations accepts last-minute reservations, provided space is available and full payment has been received. There are no last-minute booking fees. Express-mail charges may apply.

MINIMUM STAYS: The required length of stay varies by property, season, and airline tariff. Your Travel Advisor can obtain the details from Classic Vacations at the time of booking. If you are shortening your stay while in travel, you must meet minimum-night stays per destination and/or contract rules in order to avoid any penalties.

FORMS OF PAYMENT: Payment may be made by agency check or American Express, Diners Club, Discover Card, MasterCard, Optima, or Visa credit card. Returned checks are subject to a $35 service charge.

PROTECTION OF FUNDS: Classic Vacations is registered as a Seller of Travel with the Attorney General of the State of California, under registration number 2079429-20. Registration as a Seller of Travel does not constitute approval by the State of California.

USTOA $1 MILLION CONSUMER PROTECTION PLAN: Classic Vacations, as an Active Member of the United States Tour Operators Association (“USTOA”), is required to post $1 million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA Consumer Protection Plan, the advance payments of Classic Vacations customers in the unlikely event of Classic Vacations’ bankruptcy or insolvency. Additional details of the USTOA Consumer Protection Plan may be obtained by writing to 275 Madison Avenue, Suite 2014, New York, NY 10016 or by visiting the website at www.USTOA.com.

CHANGE & CANCELLATION FEES: Carrier, property, and provider change and cancellation policies vary. Ask your Travel Advisor for the details applicable to your booking. Hotels and condominiums may charge an additional fee. Villas may charge the full amount regardless of cancellation date. Some airline tickets may be nonrefundable. Airlines may charge significant change and cancellation fees, which may vary by carrier. Name changes are treated as a cancellation, and all cancellation fees apply. Once travel has commenced, any changes or cancellations will be at the traveler’s expense. To avoid many of these fees, ask for the Travel Smart Plan trip protection program or the Change & Cancellation Waiver at the time of booking. For additional details, ask your Travel Advisor.

REFUNDS: Unused portions of airfare are nonrefundable. Unused portions of your land package (such as hotel accommodations, car rentals, tours and activities, and so on) will not be refunded for any reason unless the Travel Smart Plan program has been purchased and you qualify for a refund. For changes or cancellations prior to departure, Classic Vacations will remit a refund to you or your Travel Advisor within thirty (30) days, less the following, as applicable: (i) supplier charges for changes or cancellations (which vary and may be significant); (ii) the cost of nonrefundable airline tickets; (iii) the cost of refundable airline tickets if canceled after the ticketed departure date; (iv) all ticketing-service fees; (v) all express-mail fees; and (vi) the purchase price of each Travel Smart Plan program.

AIR TRANSPORTATION: All airline tickets are purchased and issued on a round-trip basis. Some airlines offer children’s rates. Departure fees are not included, and some airport taxes must be paid directly to the airline or airport. No refunds are allowed on unused portions. Changes to flight itineraries, if permitted by the airline, may result in an increased airfare and/or a carrier-imposed charge. Once travel has commenced, routing and/or class-of-service changes are not permitted. Additional cancellation fees, above regular cancellation fees, are assessed by the airline on special discounted fares. Classic Vacations passengers are subject to all airline rules, regulations, limitations of liability, and tariffs. All air carriers booked by Classic Vacations shall be liable only as common carriers to Classic Vacations passengers. Classic Vacations is not responsible for schedule changes, airline strikes, or other occurrences outside of its control. Name changes are not allowed. Classic Vacations is not responsible for multiple connections due to schedule changes. Baggage fees imposed by carriers are not included in ticket prices and are subject to change at any time.

HOLIDAY/SURCHARGE PERIODS: Various hotels, villas, and condominiums may have special cancellation, change, minimum-night, and refund policies for stays during holiday periods, and these may not be covered by the Travel Smart Plan program or the Change & Cancellation Waiver. Deposits for Easter and Christmas bookings are nonrefundable. Dates for which this policy applies vary by destination. Contact your Travel Advisor or see www.classicvacations.com for more information. Seasonal surcharges apply for the Travel Smart Plan during holiday seasons. Classic Vacations reserves the right to not offer the Changes & Cancellation Waiver in conjunction with highly restrictive hotel cancellation policies.

FAMILY PLAN & MAXIMUM OCCUPANCY: Many hotels and condominiums offer discounts for children when accompanied by full-paying adults. Maximum occupancy may vary when children on family-plan programs are included. Some hotels may not allow children or may have certain age restrictions.

PHYSICAL DISABILITIES: Any physical disability requiring special attention, treatment, or facilities must be communicated to Classic Vacations at the time of booking and noted on your itinerary.

RENTAL CARS: Car rental rates reflect unlimited mileage for a twenty-four (24-hour) rental period. Overtime fees are paid directly to the car company by the client. Some locations may require a voucher provided by Classic Vacations. No refunds will be made on car rentals of less than twenty-four (24) hours. There will be drop charges assessed for car rentals returned to alternate car rental stations, to be paid directly to the car company. The renter is responsible for paying directly to the car rental company all charges not covered by Classic Vacations booking, such as gas and insurance. Car rental companies require that drivers possess a driver’s license that is valid in the country in which the car is rented. Drivers must also have a major credit card or leave a cash deposit upon pickup. All drivers must be at least twenty-five (25) years of age. An additional-driver fee may apply and must be paid directly to the car company.

BEDDING: Bed size requests can be made, but cannot be guaranteed prior to check-in. At some hotels and condominiums there may be an additional charge if a crib or rollaway is requested. These charges are payable to the property upon check-out.

DOCUMENTS: With each booking, Classic Vacations will issue travel documents for bookings of $2500 or more. For immediate travel and for Affiliate hotel-only bookings, documents will be sent electronically or service will be provided without documentation. Documents will be released upon receipt of full payment and mailed at least twenty-one (21) days prior to departure. Documents may be requested earlier if full payment has been received by Classic Vacations; these will be sent by first-class mail. An express-mail fee may apply if documents are requested on a rush basis. Airline tickets are issued with documents in accordance with air-carrier policies.

RESPONSIBILITY & LIMITATION OF LIABILITY: Classic Vacations, dba Classic Hawaii, 5893 Rue Ferrari Ave., San Jose, CA 95138-1857, is an Expedia, Inc. company. Travel Advisors’ reservations line for United States, Canada, Mexico, and Puerto Rico: (800) 221-3949 or (408) 287-9101. Reservations fax: (800) 331-3949. Administration: (408) 287-4550. Fax: (408) 287-9272. Classic Vacations, as the tour operator, is solely responsible for selecting the suppliers that provide the component parts (hotel accommodations, air transportation, transfers, car rentals, tours and activities, and so on) for the vacations described in this brochure. Classic Vacations does not own, control, or operate, nor is it an agent for, any of the suppliers furnishing tour component parts. You acknowledge that Classic Vacations is not liable for loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent, or otherwise, by such third-party suppliers. In addition, Classic Vacations is not liable for any delays, cancellations, strikes, government actions, force majeure events, or other actions beyond its direct control, including those actions by third-party suppliers. Classic Vacations makes no implied or express warranties in the offering of any vacation described in this brochure. Classic Vacations is not liable for any indirect, consequential, or punitive damages. In no event will the liability of Classic Vacations or its affiliates exceed the amount paid for travel products booked or purchased from Classic Vacations.

GENERAL PROVISIONS: These Terms and Conditions are governed by the laws of the State of Washington. You hereby consent to the exclusive jurisdiction and venue of the courts located in King County, Washington, for all disputes related to your travel from Classic Vacations. Classic Vacations reserves the right to cancel or alter any itinerary at its sole discretion. The information, rates, and terms and conditions contained in this brochure are accurate at the time of printing, are subject to availability, and are subject to change without notice.

© 2017–2018 Classic Vacations, LLC. All rights reserved. Material may not be photocopied or otherwise reproduced in any form without permission. Classic Vacations, Classic Hawaii, Travel Smart Plan, and the Classic Vacations logo and Bird of Paradise logo are either registered trademarks or trademarks in the United States and/or other countries. Other logos or product and company names mentioned herein may be the property of their respective owners.

Affiliate Terms & Conditions

AGENT TERMS OF USE

These Agent Terms of Use (Terms) govern the terms upon which you (you, your), as an agent accessing a booking tool, website or platform of the third party with whom we contract (our Partner) (Partner Agent Booking Tool), (i) market Travel Information that Expedia, Inc. and/or its Group Members (we, us, our; and you and us being a Party and together the Parties) makes available (at its sole discretion) from time to time to the Partner for integration in the Partner Agent Booking Tool; and (ii) undertake Bookings for End Customers through the Partner Agent Booking Tool.

Please read these Terms. Defined terms are indicated by capitalization, and where these terms are not defined in the text, they are defined in Section 8.1. By marketing Travel Information and undertaking Bookings for End Customers through the Partner Agent Booking Tool you agree, acknowledge, warrant and, represent to us that:

(a)        you have read and understood these Terms;

(b)        you agree to be bound by these Terms without modification in relation to your access to the Travel Information through the Partner Agent Booking Tool and the undertaking of Bookings for End Customers; and

(c)        you have the power, capacity and authority to enter into these Terms and be bound by them. 

 

1      AGENT OBLIGATIONS

1.1    Agent Marketing. During the Term, you shall actively market and promote the Travel Information and undertake Bookings for End Customers in accordance with these Terms. We and our Partner reserve the right to cancel any Booking in breach of these Terms or the End Customer Terms and Conditions.

1.2    Travel Content. You will not change, amend or misrepresent any of the information, content or data relating to or in connection with the Travel Information that is provided to you through the Partner Agent Booking Tool (including trademarks, logos, trade names, service marks, information, text, descriptions, photographs, graphics and links) (Travel Content).

1.3    Access to the Travel Information and Partner Agent Booking Tool. You must:

(a)     only: (i) access the Travel Information; and (ii) procure Bookings; in a manner consistent with the Code of Conduct in Section 2 of these Terms, our policies and rules and our or our Partner’s instructions as notified to you from time to time;

(b)     only input the End Customer’s data (and not your data) in the Partner Agent Booking Tool and solely for the purpose of procuring Bookings;

(c)     ensure that the End Customer’s data and any other information submitted to the Partner Agent Booking Tool is complete and accurate;

(d)     not complete or attempt to complete any Bookings without the End Customer’s full knowledge and consent; and

(e)     not make any verbal or written assurances or representations to an End Customer about the Taxes applicable to a Booking which (i) are additional to, or (ii) alter or contradict, the content and display of such Taxes in the Partner Agent Booking Tool.   

1.4    Customer Contracts. Prior to the completion of a Booking, you must:

(a)     make clear to End Customers that Travelscape, LLC  (or any other Group Member of ours, as we notify you) shall be treated by any Tax authority in any pertinent jurisdiction as the supplier to the End Customer of E-Collect Bookings and accommodation components of a Package for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC (where applicable);  

(b)     not display or make any statement which expressly or by implication contradicts Section 1.4(a) of these Terms;

(c)     ensure that the End Customer has read and agrees to be bound by the End Customer Terms and Conditions (and obtain and retain evidence that the End Customer has accepted the End Customer Terms and Conditions);  

(d)     ensure that the End Customer is aware of any limitations or restrictions that apply to their Booking, including whether the End Customer is allowed to make any cancellations or changes to their Booking and the consequences of the same;

(e)     not make any verbal or written assurances to an End Customer which are additional to or are contrary to: (i) these Terms; or (ii) the End Customer Terms and Conditions; which includes promising an End Customer that their special requests will be met.

You shall be solely responsible and liable to us in respect of any representations or special requests made or confirmed to the End Customer without our prior written authorisation and approval.

1.5    Customer Communications and Complaints.

(a)     You shall within 24 hours of receipt: (i) provide to the End Customer, without amendment or modification, all information related to a Booking; and (ii) provide to us or our Partner on our behalf, without amendment or modification: (1) all communications received related to a Booking; (2) any complaints received from End Customers; and (3) any communications received from any regulatory or Tax authority  which relate to an End Customer and/or any Booking.  

(b)     You shall notify us within 24 hours if you receive any End Customer complaint, claim or action regarding a Booking (each an End Customer Issue). You acknowledge and agree that we shall have the right to attempt to settle any End Customer Issue directly with the End Customer. If we attempt such a settlement, you must, at your expense, provide us with all information and reasonable assistance we require to reach settlement, and you shall refrain from taking any other action in respect of the End Customer Issue, unless required to do so by Applicable Law (as defined below).

(c)     In order for us to support End Customers in the event that the accommodation supplier is not able to honour any Booking, you: (i) will continue to provide us with your up to date contact details for us to notify you of any relocations; (ii) will cooperate with us to facilitate a relocation, including promptly liaising with End Customers; (iii) agree that relocations will be in accordance with our standard process from time to time.

1.6    Compliance with Laws. You shall comply with all applicable laws in force from time to time relevant to the performance of your obligations under these Terms (Applicable Laws).

1.7    Package Bookings. Provided we give our written consent to you (directly or indirectly), certain Travel Information that we specify from time to time may be made available to you for booking as part of a Package (Package Rates). We may cease to offer Package Rates at any time by providing you (directly or indirectly) with no less than 7 days’ written notice.

(a)     Booking of Package Rates. You shall: (i) not book, nor make available or offer Package Rates except as part of a Package; (ii) ensure that the final booking price for a Package Rate is equal to the rate we provide for such Package Rate (and you acknowledge that you remain responsible for the final price of the Package); (iii) not display or otherwise communicate separate pricing of Package Rates to End Customers at any time during the booking or confirmation processes; (iv) ensure the Package Rate can only be applied in relation to the same trip to which the Approved Transport Component within the Package relates (including having no more rooms booked than the number of people to which the Approved Transport Component relates); and (v) retain proof of the inclusion of the Approved Transport Component within the Package for at least 30 days after the Booking is made.

We may from time to time require you at your own cost to demonstrate your ongoing compliance with this Section 1.7(a). You shall, upon our written request, send copies of booking confirmations, booking details and give access to such other information, systems and/or documentation as is reasonably necessary to demonstrate your compliance with this Section 1.7(a).

Without prejudice to any other rights or remedies available to us or our Group Members, if you are in breach of this Section 1.7(a), we may restrict access to Package Rates with immediate effect and may terminate these Terms.

(b)     Compliance with Package Laws. You warrant and represent that you are solely responsible for maintaining all licenses, consents, permissions and financial security arrangements necessary in respect of Packages, or any other Bookings made via the API in combination with other travel services or products arranged by you or a third party, including (where applicable) as required to comply with the requirements under the PTD (in your capacity as ‘organiser’), and all relevant local implementations of it, and any other current or future laws relating to package travel or LTAs in any jurisdiction as applicable.

You further agree that, in relation to any LTAs created using one or more Bookings under these Terms via the API, you shall be the facilitator of such LTAs and shall be obliged to comply with the requirements of the PTD concerning LTAs, including providing End Customers with necessary information (including the relevant standard form at the Annex of the PTD) and financial security (including insolvency protection), where applicable. We shall not be liable in any circumstances where you have failed to provide us with sufficient information to perform our obligations under the PTD or your failure to fulfil your financial security obligations for LTAs..  

You agree to provide all necessary assistance and support in the event of an enquiry, request for information or investigation into the making available of Packages and/or linked travel arrangements by any national authority, consumer body or other interested party.

1.8    Booking Charge.  You may add an additional charge imposed by you for facilitating the Booking (Booking Charge) to the total amount charged to the End Customer if we approve (directly or indirectly) and in compliance with the following:

(a)     the Booking Charge is separately communicated to End Customers and not aggregated into the rates (including taxes and fees) we provide in the Partner Agent Booking Tool;

(b)     you make it clear to the End Customer that the Booking Charge is applied by you only;

(c)     the Booking Charge is clearly labelled as a “charge” and you include the following or equivalent text in your terms and conditions pertaining to Bookings: "The total price may include an additional booking charge from [INSERT YOUR NAME]";

(d)     you do not include the Booking Charge in any supplier selection algorithm or sort order logic unless you add a comparable Booking Charge to the total amount charged to end customers by any third-party provider of travel services which you market or otherwise make available to end customers (including, for the avoidance of doubt, the End Customers); and

(e)     you agree that you are responsible for any Taxes on any Booking Charge applied by you.

 

2      CODE OF CONDUCT

2.1  You shall not:

(a)      send unsolicited bulk email, “spam” or otherwise engage in any other unethical or illegal marketing activities (as determined by us, acting reasonably) concerning End Customers in any jurisdiction; 

(b)     place any material on any customer facing website or associate us, our Group Members  or any travel supplier with any material or opinions that are illegal in any jurisdiction or are otherwise discriminatory, promote or incite violence, hatred or an illegal activity, are capable of interpretation as discriminatory or of promoting such views, or are inappropriate for general or family viewing (e.g. sexually explicit materials);

(c)     mislead or misrepresent to End Customers as to the origin, affiliation or nature of your websites, products or services, including (as an example only) leading End Customers to believe that you are directly connected to any of the travel suppliers, us or our Group Members;

(d)     sell, redistribute, display, copy, adapt, reverse engineer, decompile, disassemble, make derivative works or error corrections or use in any manner (directly or indirectly) any data, materials or other content from any website owned or operated by us or our Group Members (including any Travel Content) other than in accordance with these Terms;

(e)     use our trademarks or those of our Group Members (including any misspelling or substantially similar or confusingly similar version thereof), in any manner whatsoever (including without limitation, in any domain or sub-domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining our prior written approval;

(f)      disparage us, our Group Members or any travel suppliers; and/or

(g)     represent yourself as acting on behalf of us or any of our Group Members.

2.2  You acknowledge and agree that Travelscape, LLC (or any other Group Member we designate) shall be treated by any Tax authority in any pertinent jurisdiction as the supplier to the End Customer of E-Collect Bookings and the accommodation component of a Package for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC. You shall notify us of any and all complaints or requests made to you relating to the Tax treatment of Bookings, and must not attempt to deal with such complaints yourself. Neither you nor your representative will correspond with any Tax authority in relation to the Tax treatment of Bookings without first consulting with us, including allowing us  to review and comment on such correspondence and to make any amendments reasonably required. We will provide you with such information as you reasonably require for the purposes of such correspondence. Each of the obligations set out in this Section 2.4 are limited to the extent permitted by law. You will promptly provide us with a copy of any communications you (or your representative) receive from any Tax authorities in relation to the Tax treatment of Bookings.

2.3  You shall not directly contact any of the travel suppliers in relation to any Bookings. Any direct communications from such travel suppliers which you receive should be referred immediately to us.

2.4  Any advertising and promotional materials used in connection with the Travel Information shall be provided by or expressly approved in writing by us.

2.5  You shall not misrepresent any of the terms of the contract relevant to services being provided under these Terms, including product descriptions.

2.6  You shall not make or allow Bookings other than in response to a specific request by an End Customer. You also acknowledge that any Booking is between the End Customer and the travel supplier, and may not be made, cancelled or otherwise amended by you without the consent of the relevant End Customer.

2.7  You acknowledge that Group Bookings may not be made by you or End Customers. In the event you, your agent or an End Customer requires a Group Booking, you will notify us and follow our relevant process. Any Group Booking made in breach of this Section 2.7 may be cancelled by us and any applicable cancellation fees will be applied.

 

3      TERM AND TERMINATION

3.1  These Terms shall commence on the earlier of: (i) your acceptance of these Terms; or (ii) your first Booking; and, subject to earlier termination in accordance with Section 3.2, shall continue until expiry or termination of our or our Partner’s relationship with you (Term).

3.2  We in our sole discretion and without cause may terminate these Terms immediately upon written notice. You may terminate these Terms on 30 days’ written notice to us. The rights and remedies provided in this Section 3.2 are not exclusive and are in addition to any other rights and remedies provided by law or these Terms.

3.3  Upon termination or expiration of these Terms for any reason: (i) you shall immediately cease procuring Bookings; and (ii) we or our Partner may immediately restrict your access to the Partner Agent Booking Tool. Sections 2.2, 2.3 , 3.3, 4, 5, and 7 shall survive any expiration or termination of these Terms.

 

4      CONFIDENTIALITY; MEDIA COMMUNICATIONS, DATA PROTECTION

4.1  Confidentiality

(a)     For the purpose of this Section 4.1, Confidential Information means any and all know-how, documentation and information, whether commercial, financial, technical, operational or otherwise, relating to the business, finances, affairs, tools (including those provided on a technology), products, services, personnel, customers (other than End Customer Data), suppliers (including precincts, future and potential personnel, customers and suppliers), prices, commissions, rates, vendors, processes, or methods of one party or its Group Members which is disclosed to or otherwise obtained by the other party in connection with these Terms. 

(b)     Each Party shall keep the other’s Confidential Information confidential and shall not disclose such Confidential Information (in whole or in part) to any third party except to its Representatives, sub-contractors, professional advisors and its Group Members and their Representatives, for the purposes of such party’s performance of its obligations under this Agreement provided that it shall procure that such persons comply with these or substantially equivalent obligations as to confidentiality...

(c)     Section 4.1(b) shall not apply to any Confidential Information that the receiving Party can show: (i) is in the public domain other than as a result of a breach of these Terms or any other obligations of confidentiality; (ii) is or was lawfully received from a third party not under an obligation of confidentiality with respect thereto; (iii) is approved for disclosure in writing by the disclosing Party; or (iv) was developed independently of and without reference to Confidential Information disclosed by the other Party.

(d)     If a Party is required to disclose Confidential Information under applicable law, by court order or by any regulatory or governmental body of competent jurisdiction, such Party may disclose such Confidential Information (being the minimum portion to comply with the extent and purpose required), but shall inform the other of any such disclosure required under this Section 4.1 insofar as is reasonable and lawful in the circumstances (if any), and take reasonable efforts to obtain assurances that such Confidential Information shall be treated confidentially by the receiving Party per this Section 4.1.

(e)      

(f)      Notwithstanding anything to the contrary herein, we may use data and information we gather, receive, generate, create, compile or process in connection with these Terms (excluding End Customer Data) for operating and developing our partner program, for incorporating into our platform and for the furtherance of our business. In the event that such data and/or information is shared with third parties, it shall be anonymized such that the information is not easily identifiable (unless otherwise agreed between the parties or us or our Group Members to provide reporting to travel suppliers).

4.2  Media Communications. You shall not release to the public any press release or other communication to the press and/or public regarding these Terms without our prior written consent.

4.3   Data Protection and PCI.

(a)   You and we agree that for purposes of Applicable Data Protection Law  in respect of the API End Customer Data, we shall be processor and you shall be the controller and we shall each comply with the data protection requirements as they apply to us or you (as applicable) (the RAPID API Requirements) set out in the ‘RAPID API – Processor DPA’ which can be found by following this link: https://legal.expediagroup.com/dfwes.

(b)   You and we agree that for purposes of Applicable Data Protection Law in respect of the Merchant of Record Data (if applicable) we shall each act as autonomous and independent controllers and we shall each comply with the data protection requirements (the MoR Requirements) and together with the RAPID Requirements, (the Requirements as amended from time to time)) set out in the ‘Merchant of Record Data – Controller to Controller Agreement’ which can be found by following this link: https://legal.expediagroup.com/cpyzq.

(c)   The Requirements are hereby incorporated by reference into this Agreement and a material breach of a Requirement shall be considered a material breach of this Agreement. Terms not defined in this Section 4.3 will have the meaning given to them in the relevant Requirements.  

 

5      COMPLIANCE

Where we or our Partner(acting reasonably) suspect a material breach of these Terms, fraud and/or a breach of law, you shall permit and/or shall procure that we are permitted access to such of your and your sub-contractors' and Representatives’ records, systems and information as we may require for the purpose of verifying compliance with these Terms or such law or investigating a fraudulent event.

 

6      DISCLAIMER.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE TRAVEL INFORMATION, TRAVEL CONTENT OR PARTNER AGENT BOOKING TOOL. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE IN CONNECTION WITH THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY: (i) WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) WARRANTY OF TITLE AND NON-INFRINGEMENT; OR (iv) WARRANTY OF ACCURACY OR COMPLETENESS OF RESULTS, DATA OR INFORMATION. YOU AGREE WITH THE FOREGOING DISCLAIMERS. 

YOU AGREE THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY END CUSTOMERS RELATING TO: (A) ANY FAILURE OF THE SYSTEMS OF US OR ANY THIRD PARTY THAT RESULTS IN THE FAILURE OR INABILITY TO PROCESS A BOOKING; OR (B) THE QUALITY OF THE TRAVEL INFORMATION OR TRAVEL CONTENT PROVIDED BY TRAVEL SUPPLIERS TO END CUSTOMERS.

 

7      GENERAL

7.1    Governing Law and Dispute Resolution. These Terms and all rights and obligations hereunder, including matters of construction, validity, performance and dispute resolution, shall be governed by and construed in accordance with the substantive laws of England and Wales without regard to any conflict of laws, rules or principles that may require the application of any other law or where these Terms or any amendment to it is actually executed. Any dispute, controversy or claim arising out of or in relation to these Terms or at law, or the breach, termination or invalidity thereof, that cannot be settled amicably by agreement between the Parties, shall be finally settled by the Courts of England and Wales, and the Parties submit to the exclusive jurisdiction of those courts.

7.2  Economic Sanctions.

(a)     You warrant and represent on a continuing basis that you:

                         i.         (1) are not incorporated, headquartered, or ordinarily resident in; (2) are not operating in; or (3) do not have any sub-contractors or Representatives in; a country or region subject to comprehensive restrictions under Economic Sanctions (including, as of 1 January 2024, Cuba, Iran, North Korea, Syria and designated regions of Ukraine); or

                        ii.         are not a Restricted Person.

(b)     You shall notify us immediately in the event there is a change to your status under Section 7.2(a) any time during the Term including any changes which means you are or begin operating in or have sub-contractors or Representatives in a country or region subject to comprehensive restrictions under Economic Sanctions.

(c)     You (i) shall comply with all Economic Sanctions in the performance of these Terms; (ii) shall not act for or on behalf of, facilitate any activity involving, or otherwise engage or deal with any Restricted Person in the performance of these Terms; and (iii) shall not act or refrain from acting in such a way so as to bring us into breach of, or expose us to penalties under, any Economic Sanctions and shall co-operate with us in such regard. Under these Terms, we shall not be required to act or refrain from acting in any way that would be, in our sole judgement, prohibited by or penalizable under any Economic Sanctions.

(d)     You shall notify us immediately of any breach of this Section 7.2. You shall be liable for any breach of this Section 7.2 by you or your Representatives or act made by you, or your Representatives, that would otherwise threaten to bring us into breach of any Economic Sanctions.

(e)     You shall provide in the Partner Agent Booking Tool, at the time of Booking, a level of data sufficient to allow us to screen End Customers and, if a Sanctioned Booking is suspected (being a Booking which we have reason to believe may, or are unable to confidently ascertain shall not, bring us into breach of, or expose us to penalties under Economic Sanctions), a level of data sufficient to allow us to investigate and verify, in accordance with the relevant process we have in place at any given time, as notified to you from time to time. In particular, you shall adhere to the response times set out in any requests for further information.

7.3    Modification. We may make changes to these Terms from time to time.  We will notify you of any changes and provide you with a copy of the revised terms by email or such other means as may have been agreed between the parties.  If you do not agree with the changes, you must notify us by email within 30 days of the date of (i) successful dispatch of our email; or (ii) receipt of our notice if sent by any other method.  If you fail to do so within this time period you shall be deemed to have accepted the changes and the changes will come into effect on the date set out in the revised terms. If you notify us that you object, either Party may terminate these Terms in accordance with Section 3.2. 

7.4    Force Majeure. Neither Party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms (save in respect of any obligation to pay any monies due) to the extent that such failure or delay arises due to reasons beyond such Party's reasonable control which that Party is unable to reasonably avoid or provide against provided always that the affected Party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps, including implementation of its business continuity and disaster recovery plan to overcome the failure or delay as soon as possible. For the avoidance of doubt, hotel overbookings shall not be considered a force majeure event.

7.5    Non-waiver. No waiver of any term, condition or obligation of these Terms will be valid. No failure or delay by any Party at any time to enforce one or more of the terms, conditions or obligations of these Terms will: (a) constitute waiver of such term, condition or obligation; (b) preclude such Party from requiring performance by the other Party at any later time; or (c) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature.

7.6    Assignment. These Terms may not be assigned ,novated or transferred by either Party without the prior written consent of the other Party not to be unreasonably withheld except that we may assign, novate or transfer this Agreement without your consent to: any of our Group Members, or any purchaser of all or substantially all of our assets or to any successor by way of merger, consolidation or similar transaction. Any purported assignment in violation of this clause shall be null and void..

7.7    Severability. These Terms will be enforced to the fullest extent permitted by Applicable Law. If any provision of these Terms is held to be invalid or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision.

7.8    Entire Agreement. These Terms constitute the entire and exclusive agreement between the Parties regarding the subject matter hereof, and supersede all prior or contemporaneous oral or written agreements and understandings; provided nothing in this Section 7.8 shall limit a Party’s liability for any representations made fraudulently.

7.9    Third Party Rights. You agree and acknowledge that Travelscape LLC and our Group Members shall have the benefit of these Terms. Notwithstanding this, the Parties agree that any claims in respect of losses suffered by Travelscape LLC and/or our Group Members shall where possible be brought by us for and on behalf of the affected Group Member and the Parties agree that, for this purpose, we shall be agent for and conduct any claims on behalf of such Group Member. Nothing in this Section 7.9 shall enable Travelscape LLC or our Group Members to be entitled to recover damages or obtain any other form of payment or compensation more than once in respect of the same loss or breach.

7.10 Notice. Notices must be given in English by email by a Party's authorised sender to the addresses notified to the other Party from time to time.

 

8      DEFINITIONS AND INTERPRETATION

8.1  Definitions. In these Terms, the following definitions apply:

Applicable Laws: as defined at Section 1.6 of these Terms;

Approved Transport Component: one of the following services: (i) air travel; (ii) rail travel which constitutes a substantial portion of the Package; (iii) car rental for at least the full duration of the hotel stay period of the Booking; (iv) an overnight cruise; or (v) an event or activity with a value of at least 35% of the Package price, where the total package is at least US$100;

Booking: a reservation made through the Partner Agent Booking Tool on the basis of the Travel Information;

Booking Charge: as defined at Section 1.8 of these Terms;

E-Collect Booking: a Booking for which you or we collect the payment from the End Customer at the time of Booking;

Economic Sanctions: any of the economic or trade sanctions, export control, or anti-boycott laws, regulations, orders, directives, designations, licenses, or decisions of the United Nations, European Union, United Kingdom, or United States or any other country with jurisdiction over activities undertaken in connection with these Terms;

End Customer: the individual or corporate customer undertaking the Booking;

End Customer Issue: as defined at Section 1.5(b) of these Terms;

End Customer Terms and Conditions: the terms and conditions applicable to Bookings, including any applicable privacy policy, as updated and notified to you from time to time;

Group Booking: means one or more Bookings which alone or together comprise 9 or more rooms with the same Supplier for the same stay dates;

Group Member: an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with an entity;

Linked Travel Arrangement or “LTA”: has the meaning defined in Article 3 of the PTD;Package:   a combination of at least 2 different types of travel products or services for the purpose of the same trip or holiday bundled and advertised for a single or total price;;

Package Rates: as defined at Section 1.7 of these Terms;

Party or Parties: as defined in Section 4.1(b) of these Terms;

PTD: the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (‘Package Travel Directive’), as implemented in each European Member State and as amended from time to time;

Representatives: means the employees, directors, officers, consultants and agents of a Party;

Restricted Person: an individual or entity listed on, or 50% or more owned or controlled, directly or indirectly, individually or in the aggregate, by any one or more parties on, any of the following lists: the EU Consolidated List of Designated Parties, maintained by the European Union; the Consolidated List of Asset Freeze Targets, maintained by HM Treasury in the United Kingdom; any other list of designated parties maintained by the EU or its Member States; the United States List of Specially Designated Nationals and Blocked Persons or the United States Foreign Sanctions Evaders List, maintained by the United States Treasury Department’s Office of Foreign Assets Control; the United States Entity List or the United States Denied Persons List, maintained by the United States Commerce Department’s Bureau of Industry and Security; or any list of parties subject to asset-freezing measures issued by the United Nations;

Sanctioned Booking: a Booking by an End Customer which we have reason to believe may, or are unable to confidently ascertain shall not, bring us into breach of, or expose us to penalties under Economic Sanctions;

Tax or Taxes means any and all federal, national, state, local, provincial and other taxes, imposts, duties, levies, assessments and other similar governmental charges and fees of any nature whatsoever, together with all interest, penalties, and additions imposed with respect to such amounts;

Travel Content: as defined in Section 1.2 of these Terms; and

Travel Information: the rate and availability information that we and our Group Members make available (at our and our Group Members’ sole discretion) from time to time in the Partner Agent Booking Tool;

Term: as defined at Section 3.1 of these Terms;

8.2  Interpretation.

In these Terms, except where the context requires otherwise:

(a)         references to sections or schedules shall be to sections of and schedules to these Terms. Headings are inserted for ease of reference and shall not affect interpretation;

(b)         persons includes natural persons, firms, partnerships, companies, corporations, and words suggesting a gender shall include all other genders, words denoting the singular shall include the plural and vice versa;

(c)         references to statutes, statutory instruments and government regulations shall be deemed to include any modification, amendment, extension or re-enactment thereof from time to time, unless otherwise specified, the provisions of any statute, regulation or rule which amends, supplements or supersedes any such statute, regulation or rule;

(d)         the expressions including, include, in particular, for example and any similar expression are meant to be inclusive and shall not limit the preceding words, and the word “or” is disjunctive, but not necessarily exclusive;

(e)         references to writing and written include communication by email including all related attachments;

(f)          a reference to any agreement or document means that agreement or document as amended or varied by written agreement between the Parties from time to time.

Notwithstanding anything contained in your Cardholder Agreement with the provider that is to the contrary, written notice of rejection or cancellation of these arrangements must be received in writing within the time limits stated in the Terms & Conditions. If not received, no charge-backs or cancellations will then be accepted. Your signature on this charge confirmation form is an acknowledgment that you have received and read the Terms & Conditions and that you understand the Cancellation Policy, which details the supplier and company's policies on payments, cancellations and refunds for the travel arrangements you have made. You should review this document thoroughly before finalizing any travel arrangements.  I am aware of all cancellation policies and agree not to dispute or attempt to charge back any of the above signed for and acknowledged charges. I am aware prices are subject to change until payment is made. Your card will not be charged when you submit this booking form. It will take 5-7 business days to process your card and it will be processed only after your booking has been confirmed. You will receive an invoice via email once your card has been processed and booking confirmed; the email will have payment plan instructions. Thank you!