R. P. HARDIE CRUISE & TRAVEL TERMS & CONDITIONS
(FULL VERSION)

Updated on: March 2, 2025

BETWEEN:

R. P. HARDIE CRUISE & TRAVEL (referred to as "Agency," "our," "us," or "we")

AND:

You (referred to as "you," "your," "yourself," or "Traveler")—including all individuals on the same Booking, regardless of household residence (each a "Party" and collectively, the "Parties").

The Parties agree to the following Terms and Conditions ("Terms"):

1. EFFECTIVENESS AND TERMINATION

These Terms become effective upon:

1. Your written, digital, or electronic signature; or
2. Your delivery of payment authorization to us.

These Terms will terminate upon completion of your Trip or until terminated earlier in writing by you or us. Certain provisions, as specified herein, will survive termination.

These Terms are subject to change at any time without prior written notice. The latest version will be available on our website or upon request.

2. DEFINITIONS

• "Agency" includes R. P. HARDIE CRUISE & TRAVEL, its affiliates, subsidiaries, owners, directors, employees, contractors, agents, representatives, advisors, authorized representatives, successors, and assigns.
• "Booking" means a reservation made by the Agency regarding your Trip.
• "Supplier" refers to any party who provides Travel Services to Travelers, including but not limited to airlines, hotels, cruise lines, tour operators, and car rental companies.
• "Traveler" means you and all individuals on the same Booking, regardless of household residence.
• "Travel Services" encompass travel products and services provided to Travelers by Suppliers, including air, land, or water transportation, lodging, auto rentals, tours, excursions, entertainment, food and drink services, and similar products and services.
• "Trip" means the composite of all Travel Services for which the Agency makes Bookings.
• "Trip Plan" refers to the documentation we provide to you with details and pricing regarding your Trip.

3. TRAVELERS' RESPONSIBILITIES

You agree to:

1. Carefully read and understand these Terms, your Trip Plan, and all correspondence between you and us regarding your Trip.
2. Contact us to arrange your Trip Plan sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases.
3. Confirm your written acceptance of your Trip Plan.
4. Make all deposits and payments per the schedules and dates set out in your Trip Plan.
5. Review, remain aware, and stay updated regarding travel warnings and advisories relating to your Trip by accessing the U.S. governmental travel advisory sites specified herein.
6. Fully comply with all obligations agreed upon in these Terms.
7. Comply with all applicable laws, regulations, and ordinances, both domestic and international, during the course of your Trip.
8. Adhere to health and safety protocols, including vaccinations, health screenings, and any obligations to disclose health conditions that may affect travel.

You warrant that you are 18 years of age or older and have the authority to sign and accept these Terms on behalf of all minor and adult Travelers on the same Booking.

If you do not understand any part of these Terms, please contact us in writing as soon as possible.

4. SUPPLIERS

Suppliers are independent entities managed separately from the Agency. They are not employees, agents, representatives, or affiliates of the Agency. Agency acts solely as an intermediary between you and the Suppliers.

Supplier Terms and Conditions:

• All Travel Services are subject to the terms and conditions specified by each Supplier.
• You are responsible for understanding and complying with the terms imposed by each Supplier, including payment schedules and rules regarding the availability and use of Travel Services.
• Violation of Supplier terms may result in denial of access to Travel Services, cancellation of reservations, and forfeiture of amounts paid.

Liability:

• Agency is not responsible for any Supplier's breach of contract, failure to comply with laws or regulations, or willful or negligent acts, errors, or omissions.
• Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.
• In the event of a Supplier's bankruptcy or cessation of operations, the Agency is not obligated to provide refunds or alternative travel arrangements.

5. TRAVEL RISK & INSURANCE

Travel Insurance Recommendation:

• We strongly recommend that you purchase comprehensive travel insurance to cover each Traveler.
• If you have not received a travel insurance quote from us, please request one as soon as possible.
• Depending on the method you use to request your travel components (by direct selection on a designated landing page, or by approval of components included in a proposal), you may have the option to select travel insurance offered by Faye Travel Insurance (not offered on all trips/bookings). This is not required and you may elect to decline.
• Agency reserves the right require, as a minimum, mandatory supplier travel protection for certain trip plans and/or itineraries. You will be notified of this requirement at time of consultation.

Assumption of Risk:

• If you decline to purchase travel insurance, you assume all risk and financial responsibility relating to your Trip, including but not limited to:
• Travel changes, interruptions, or cancellations.
• Baggage delays or loss.
• Travel supplier defaults.
• Medical costs.
• Accidents and emergencies.
• Any other loss, cost, injury, or death that may arise.

Limitations of Insurance:

• Travel insurance covers events, activities, and content expressly included in each policy.
• Insurance policies may exclude coverage for certain matters, including pre-existing medical conditions, pandemics, epidemics, risk locations, and activities.
• You hold us harmless if an insurance provider denies any of your claims for any reason.

Mandatory Travel Protection:

• Agency reserves the right to require minimum supplier travel protection coverage on select bookings or itineraries. You will be advised when this requirement applies.

This clause will survive termination of these Terms.

6. PERSONAL INFORMATION & DATA PROTECTION

Use of Personal Information:

• As part of Booking any Travel Services, your personal information may be conveyed to the Agency, Suppliers, and other third-party providers to accommodate your travel.
• Such personal information may include, but is not limited to, birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.

Data Protection Compliance:

• Agency handles personal data in compliance with relevant data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
• Your personal information will be used solely for the purposes of providing Travel Services and will not be sold or shared with unauthorized third parties.

Data Retention and Rights:

• You authorize the Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for legal or business purposes.
• You have the right to request access to, correction of, or deletion of your personal data held by the Agency.

Liability:

• Agency has no liability regarding the distribution of your information to any Supplier or third party as necessary for providing Travel Services.
• We are not responsible for any third party's failure to protect your personal information.

7. PRICING & INCLUSIONS

Quoted Prices:

• Unless otherwise stated, all quoted prices in your Trip Plan are all-inclusive of the travel elements that are part of your travel, including taxes, fees, costs, service fees, and costs of all included components.
• Your Trip Plan pricing will not be presented in an itemized format unless requested by you.

Exclusions:

• Unless specifically itemized or included within the Trip Plan, prices do not include other travel costs, fees, or taxes, such as:
• Government-imposed fees or taxes.
• Meals, beverages, alcohol, minibars.
• Entertainment, seat assignments, upgrades.
• Excursions, hospitality, gratuities.
• Personal charges like telecommunications, laundry, parking, and medical expenses.

Price Changes:

• All Supplier prices and availability are subject to change without prior notice until you make full payment of deposits and other amounts due, as agreed in your Trip Plan.
• Even after full payment, you agree to pay additional fees that may arise for variable matters beyond our control, including fuel and other surcharges.

Currency Fluctuations and Errors:

• Agency is not responsible for currency exchange fluctuations or charges relating to foreign-currency transactions.
• We reserve the right to correct errors or omissions regarding prices at any time and to re-invoice you at corrected prices.

8. PAYMENT TERMS

Deposits and Payments:

• You agree to make full payment of deposits and other amounts due as agreed in your Trip Plan.
• For deposit payments, we highly recommend that you pay the optional Deposit & Insurance amount to ensure that your travel investment is protected immediately.

Non-Refundable Fees:

• Certain fees and deposits are non-refundable, as specified in your Trip Plan and Supplier terms.

Late or Non-Payment:

• Failure to make full payment by due dates may result in:
• Price increases, fees, or penalties imposed by Suppliers.
• Cancellation of your Bookings by Suppliers or the Agency.
• Forfeiture of previous deposits and amounts paid which may be non-refundable.

Re-Booking:

• If you request re-Booking, Agency will assist you with obtaining any refunds due to re-Booking Trips (e.g., using future cruise credits).
• Agency may charge a non-refundable fee for re-Bookings.

Credit and Debit Cards:

• By submitting your credit or debit card ("Card") to us, you confirm that you are an authorized user and authorize us to charge your Card for payments due.
• You are responsible for all costs, including recovery costs, related to incorrect Card information, declined charges, insufficient funds, or closed/expired accounts.
• Unauthorized chargebacks are prohibited. You agree not to initiate any chargebacks without first addressing the matter with us in writing.

Payment & Booking Policy

Overview

By engaging Agency for travel planning and booking services, you acknowledge and agree to the following terms regarding payments, invoicing, and refunds. This policy ensures transparency in how payments are processed, how cancellations are handled, and the non-refundable nature of the Agency Administrative & Support Fee.

Planning & Research Service Fees

• Before any research, itinerary design, or travel planning begins, a non-refundable service fee must be paid in full via Direct Invoice.
• This service fee covers consultation, research, itinerary design, and proposal development and is separate from the cost of travel bookings.
• Planning fees do not constitute a deposit toward travel arrangements and are non-refundable under all circumstances.

Travel Proposal & Pricing

• Once research is complete, the client will receive a detailed travel proposal, including:
• The cost of travel supplier products (e.g., flights, cruises, hotels, tours).
• Once a client approves the proposal, all pricing, payment structures, and terms are considered final unless a supplier offers additional modifications.

Payment Processing & Third-Party Funds Account

• Once the proposal is approved, all payments for travel bookings are collected via Direct Invoice and processed through a Third-Party Payment Processor.
• Funds are held in a designated Funds Account managed by the Third-Party Payment Processor and are allocated exclusively for supplier payments.
• Agency does not directly hold or manage client funds beyond service fees paid directly to the agency for professional travel planning and administrative services.
• Invoices for booked travel items will include a line item for payment processing fees. These fees are collected by the Third-Party Payment Processor and are not held by Agency or associated travel suppliers. These charges may be non-refundable in the case of a cancellation. If available, client may make payment by Bank (ACH) Transfer, for a reduced payment processing rate. Bank (ACH) Transfers will be due upon receipt of your invoice to ensure proper processing time and availability of funds to the travel product supplier(s).

Agency Administrative & Support Fee (Non-Refundable)

• Each booking includes an Agency Administrative & Support Fee that is built into the presented costs, which is non-refundable and covers:
• Booking coordination, management, and administration
• Payment processing and supplier communications
• Post-booking support, itinerary management, and advocacy in case of travel disruptions
• In the event of a cancellation, change, or refund request, the Agency Administrative & Support Fee remains non-refundable, as it reflects professional services that have already been rendered.

Cancellation & Refunds

A. Supplier Refunds

• If a supplier (e.g., airline, cruise line, hotel, or tour operator) offers a refund, that refund will be returned to the designated Funds Account managed by the Third-Party Payment Processor.
• Refunds are subject to the supplier’s specific policies and timeframes.

B. Post-Cancellation Refund Process

• Any refunds issued by a supplier will be returned to the client’s original form of payment via the Third-Party Payment Processor.
• The Agency Administrative & Support Fee is not refunded under any circumstances and will be deducted from your Funds Account prior to release of eligible refund balances.

9. CHANGES, CANCELLATIONS, AND REFUNDS

Compliance with Supplier Terms:

• You agree to comply with Supplier terms relating to changes or cancellations of Bookings.
• Supplier terms may not allow refunds for changes, cancellations, partial use, or non-use of Travel Services.

Agency Fees:

• If you change or cancel a Booking, you may be subject to Agency fees starting at USD $50 per requested item changed and/or starting at USD $200 per person minimum to process your cancellations. Final cancellation fees will be provided based on the overall complexity of your travel plan and the proximity to your departure date.

Supplier Fees:

• Additional fees, charges, or penalties may be imposed by Suppliers as set out in their policies.

Refunds:

• All Agency service fees are NON-REFUNDABLE, even if travel is not completed.
• Agency has no obligation or authority to issue refunds of costs charged by Suppliers.
• Refunds are subject to Supplier terms and conditions, and the Agency does not pool Supplier payments into a general bank account.

No Shows:

• Failure to travel or show up for any Booking is considered a "no show" and may result in penalties up to the entire cost of travel.

10. ACCOMMODATIONS AND AIR TRAVEL

Accommodations:

• Cruise/Hotel accommodations are subject to availability at the time of reservation.
• Some cruise lines/hotels require minimum deposits to secure your space which may be non-refundable and non-transferable.
• Amenities are not guaranteed and refunds regarding amenities are the responsibility of the associated travel product supplier.

Air Travel:

• Airline tickets may be non-refundable and non-transferable.
• Seat assignments are based on availability and are not guaranteed.
• Additional fees may apply for seat assignments, baggage, meals, and other services.
• Agency is not responsible for airline operational matters beyond our control.

11. TRAVELER CONDUCT

Code of Conduct:

• You are responsible for any damage or loss caused by your actions.
• You agree to conduct yourself in a manner that is not disruptive, abusive, or harmful to others.

Removal from Travel Services:

• Authorized Parties may refuse service or require you to leave if they reasonably believe you pose a danger or are engaging in unacceptable behavior.
• In such cases, you are responsible for all costs related to your subsequent arrangements and will forfeit any right to refund.

12. DISABILITIES, SPECIAL NEEDS, AND FOOD ALLERGIES

Disclosure:

• If you have disabilities, special needs, or food allergies that may require special services or accommodations, please advise the Agency in advance of Booking.

Limitations:

• The Agency will make reasonable efforts to request assistance or arrange accommodations but is not responsible for Suppliers' failure to meet your needs.

Traveler Responsibility:

• You assume all risks and responsibilities related to your disabilities, special needs, or food allergies, including performing due diligence prior to, during, and after travel.

13. RISK ACTIVITIES AND HEALTH

Risk Activities:

• You are solely responsible for your decision to engage in any activity that may involve risk ("Risk Activity").
• You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity.
• You release the Agency from all liabilities relating to any Risk Activity.

Illness and Injury:

• If you become ill or injured during the Trip, you bear all responsibility for your well-being and treatment.
• You are responsible for all costs and logistics regarding alternative travel arrangements.

14. BAGGAGE AND PERSONAL ITEMS

• You are solely responsible for your baggage and personal items at all times.
• Agency is not responsible for any damage, loss, delays, or other matters relating to your baggage and personal items.

15. PASSPORTS, VISAS, AND MEDICAL DOCUMENTATION

Traveler Responsibility:

• You are responsible for obtaining and possessing all necessary travel documents, including passports, visas, and medical documentation.
• All U.S. citizens traveling internationally must have a valid passport, which must be valid for at least six months beyond the date of return.
• Select cruise options permit the use of alternate forms of identification to travel. However, it is highly recommended that all U.S. citizens have a valid passport in their possession for all travel in case of emergency medical and evacuation needs.
• Effective May 7, 2025, all U.S. citizens, 18 years and older, are required to have in their possession a Real ID compliant identification to board any airline, even if flying Domestically. You may obtain a Real ID compliant identification document and learn more about the process through your State DMV. Travelers who do not possess a Real ID compliant identification document will be denied boarding and will not be eligible for refund of unused travel.

Non-Compliance:

• Agency is not responsible for any failure to obtain or possess required documentation.
• No refunds will be issued for costs or losses incurred due to such failures.

16. TRAVELER IDENTIFICATION AND SECURITY

TSA Requirements:

• Airlines require Secure Flight Passenger Data (SFPD), including full name, date of birth, gender, and redress number (if available).
• Traveler names on reservations must match government-issued identification.

Compliance:

• You are responsible for any fees and expenses incurred due to incorrect information or denial of travel resulting from non-compliance.

17. CRIMINAL RECORDS

• Jurisdictions may restrict entry for persons with criminal records.
• You are responsible for understanding all destination entry laws.
• Agency does not inquire into Traveler criminal records for privacy reasons. If you think that there may be an issue with your ability to enter a destination, you are obligated to notify us immediately.

18. PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES

Awareness and Compliance:

• You are solely responsible for being aware of and complying with any restrictions relating to pandemics, epidemics, and other travel advisories.
• You warrant that you have reviewed, understand, and will continually check relevant travel advisories, notices, warnings, restrictions, and rules.

Testing and Quarantine:

• You are aware that certain countries may require testing and quarantine upon entry and return.
• Failure to comply with regulations may result in denial of boarding, entry, or return.

19. RESTRICTED PRODUCTS AND HAZARDOUS MATERIALS

Traveler Responsibility:

• You are responsible for knowing, understanding, and complying with applicable laws regarding possession and use of restricted or illegal products, materials, and hazardous substances.

Drugs and Substances:

• Possession or use of drugs, substances, and paraphernalia that may be restricted or illegal can result in severe legal consequences.
• You are responsible for knowing, understanding, and complying with applicable laws regarding possession, transport, and use of prescription drugs, that may be considered illegal to use, transport, and possess in certain foreign destinations.

20. LIMITATION OF LIABILITY

Agency's Role:

• Agency arranges Travel Services provided and controlled by Suppliers.
• Agency has no management or control over Suppliers and is not responsible for their actions or omissions.

No Warranties:

• Agency makes no representation or warranty regarding the pricing, value, quality, suitability, safety, or provision of Travel Services.

Liability Limitations:

• Agency is not liable for any indirect, incidental, consequential, punitive, special, or exemplary damages.
• If any damages are awarded against the Agency, they will be limited to the total commissions collected for making your Bookings.

This clause will survive termination of these Terms.

21. INDEMNITY

• You agree to indemnify and hold harmless the Agency and its affiliates from all claims, damages, and costs arising from any breach of these Terms or negligent or willful acts by you or any Traveler on your Booking.

This clause will survive termination of these Terms.

22. FORCE MAJEURE

• No failure or delay in performance by the Agency will be considered a breach if caused by a force majeure event or any cause beyond reasonable control.
• Agency is not liable for delays or non-performance due to such events, and any additional costs incurred are the responsibility of the Traveler.

23. GENERAL PROVISIONS

Amendments:

• These Terms may be amended only in writing by the Agency.

Assignment:

• You may not assign any rights or obligations under these Terms without the Agency's prior written consent.

Waiver:

• No forbearance or delay in enforcing these Terms will prejudice any rights.

Severability:

• If any part of these Terms is found unenforceable, the remainder will remain fully in force.

Relationship of Parties:

• These Terms do not create any agency, partnership, or employment relationship.

Notices and Electronic Communications:

• Notices under these Terms will be in writing and deemed given when sent with receipt confirmed to the receiving Party's email or other address provided.
• All communications, including notices and confirmations, can be conducted electronically, and electronic signatures are considered equivalent to written signatures.

Entire Agreement:

• These Terms, together with any Travel Client Agreement between the Parties, represent the entire agreement and supersede all prior agreements.
• Any amendments must be in writing and signed by both Parties.

Survival Clause:

• Provisions relating to Limitation of Liability, Indemnity, Governing Law, and any other clauses that by their nature should survive termination will survive termination of these Terms.

24. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law:

• These Terms are governed exclusively by the laws of Nevada without regard to conflict-of-law principles.

Dispute Resolution:

• The Parties will first attempt to resolve any disputes informally through direct communication.
• If unable to resolve within 60 days, disputes will be resolved exclusively by the state or federal courts located in Washoe County, Nevada.
• The Parties agree to submit to the jurisdiction of these courts and waive any objections based on venue or forum non conveniens.

Equitable Relief:

• Either Party may seek injunctive or other equitable relief to remedy any actual or threatened breach of these Terms.

25. INTELLECTUAL PROPERTY RIGHTS

• All content provided by the Agency, including itineraries and Trip Plans, is protected by intellectual property laws.
• Such content cannot be reproduced, distributed, or used for commercial purposes without the Agency's prior written permission.

26. PHOTOGRAPHS AND TESTIMONIALS

• By providing photographs or testimonials, you grant the Agency permission to use them for marketing purposes.
• Agency will comply with all privacy regulations concerning the use of personal images and statements.

27. ACCESSIBILITY STATEMENT

• Agency is committed to providing services accessible to Travelers with disabilities through our partnership and certification as a Certified Assistive Travel Advisor with the Special Needs Group, and a Certified Autism Travel Professional.
• We comply with applicable laws and regulations, including the Americans with Disabilities Act (ADA).

28. CONTACT INFORMATION

R. P. Hardie Cruise & Travel LLC
c/o Richard P. Hardie II - CTA, CCC, CATA, CATP
607 Tamsen Road
Fernley, NV 89408
Office Phone: (775) 241-8124 (Consults & Non-Emergency Support)
Direct Phone: (775) 250-0157 (Emergency Needs Only for Booked Clients)
Email: support@rphardiecruisetravelllc.com
Web: https://www.rphardiecruisetravelllc.com
24/7 Live Support is not offered by Agency. Agency can be contacted by email, Text/SMS (where permitted), and phone (voicemail may be required), and we will respond at the earliest possible moment during normal operating hours. To ensure that you have access to 24/7 live support during travel, we recommend that you include a comprehensive travel protection policy as part of your trip because most plans include this level of support and they have dedicated their service to support out travel clients.

29. SELLER OF TRAVEL CREDENTIALS

R. P. HARDIE CRUISE & TRAVEL is an independent agency authorized to operate under Travel Leaders Network Incentive Connection Travel Inc. of Phoenix, Arizona, under the following credentials:

• California Registered Seller of Travel CST 2013460-40. Registration as a seller of travel does not constitute approval by the State of California.
• WA UBI # 601 750 119.
• Florida: Letter of Exemption on file with State.

By continuing to work with R. P. HARDIE CRUISE & TRAVEL’s services, you acknowledge that you have read and understood the overall Terms & Conditions and understand and agree that your use of our services constitutes acceptance of these terms.

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