Terms and Conditions
Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR TRIPS
Unbothered Escapes LLC, an Illinois Limited Liability Company (the “Company,” “we” or “us”) is an independent travel company that arranges group travel services (depending on context, the “Services” or the “Trip”) from third-party suppliers of those Services (“Suppliers”). When you book any Services or a Trip through us, a contractual agreement between you and the Company exists in addition to any agreement or contract with Suppliers, and you accept the terms and conditions set out herein (the “Terms”). Please ensure that you read carefully and understand these Terms prior to booking. These Terms are subject to change and you are advised to request the latest version of the Terms and Conditions from Company via email.
1. Applicability.
a. These Terms govern the Company’s arrangement of Services to the person(s) paying for and/or attending the Trip (“Customer,” “Client,” “You,” or “your”).
b. The receipt of payment or down payment for the Trip (the “Order Confirmation”) and these Terms including the attached waiver (collectively, this “Agreement”) comprise the entire agreement between you and us, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.
c. These Terms are separate and apart from any contractual relationship formed with Suppliers of the Services that we arrange.
2. Company obligations. We will provide the following Services for your Trip:
a. We will work with Suppliers to arrange (i) transportation by land, sea, or air, (ii) lodging and meals, (iii) excursions and activities and (iv) any other items listed on the itinerary that may be requested, but the actual provision of those Services will be the responsibility of the Supplier and not the Company, and they will be governed by the terms and conditions of your contract with such Suppliers.
b. We may also facilitate payments to Suppliers for the Trip which may require that we use a third-party payment processor who will also have its own terms and conditions to process said payments outside our control.
c. We will use all reasonable efforts to update you on a timely basis about any payment balances or any changes to flight details, accommodations, schedule, itinerary, activities, and excursions or other details of your Trip.
d. We will perform such other administrative tasks as may be necessary.
3. Customer Obligations. Before and during your participation in your Trip you will be expected to do the following:
a. You will promptly pay, or you will arrange for the prompt payment of, the deposit and administrative fee (the “Deposit”) [of up to $1,000 per traveler] for our Services (some or all of this Deposit may be non-refundable in accordance with the Terms and the conditions of the Trip).
b. You will promptly pay, or you will arrange for the prompt payment of, all other required charges associated with the Trip and the Services, including but not limited to those detailed on the Order Confirmation.
c. You will review your Order Confirmation immediately upon receipt and inform us immediately of any changes or amendments you would like to make.
d. If you are going to arrange alternate travel on the Trip (e.g. separate flight arrangements or a detour from the Trip’s itinerary), you will inform us as far as possible in advance of any such arrangements. Please note that if you do make such arrangements, we will not be responsible for providing your transportation between those flights and your hotels, nor will we be liable for anything that may occur during your Trip as a result of such alternate travel. In the event that you do not inform us in a timely manner of such alternate travel arrangements, we reserve the right to refuse you participation in the Trip without a refund.
e. You will obtain, at your own cost and expense, all travel documents necessary to participate on this trip at your own cost, including passports, visas, and other identification necessary for foreign and domestic travel (see Passports and Visas below at 5 for fuller information). Failure to have the necessary travel documentation in the case of international travel may result in your inability to enter one or more countries to be visited on the Trip in which case neither we nor the Suppliers will be held liable. Failure to have the necessary travel documentation in the case of domestic travel may also result in your inability to fly and therefore participate in the Trip in which case neither we nor the Suppliers will be held liable. You are therefore strongly encouraged to make all necessary travel document arrangements well in advance of your time of departure.
f. You will obtain, at your own cost and expense, all necessary medical examinations, immunizations, and other medical preparation for the Trip. This includes your own supply of any medicines or other equipment that you require. You may be required to provide medical documentation of your fitness to travel, including evidence of necessary immunizations in a form acceptable to the countries to be visited on the Trip. Failure to have the necessary medical documentation in the case of international travel may result in your inability to enter one or more countries to be visited on the Trip in which case neither we nor the Suppliers will be held liable. You are therefore strongly encouraged to make all necessary medical arrangements well in advance of your time of departure. Please feel free to contact us as far as possible in advance of your Trip for specific details of the medical requirements of your Trip.
g. You will obtain, at your own cost and expense, all necessary health insurance to cover you during the Trip. Failure to provide proof of medical insurance in the case of international travel may result in your inability to enter one or more countries to be visited on the Trip in which case neither we nor the Suppliers will be held liable. You are therefore strongly encouraged to make all necessary arrangements for such coverage well in advance of your time of departure. Please feel free to contact us as far as possible in advance of your Trip for specific details of the medical insurance requirements of your Trip.
h. You will obtain all recommended travel and cancellation insurance (e.g. policies against Supplier bankruptcy or emergency cancellation) above and beyond those insurance policies that are provided as an integral component of the Trip per the Order Confirmation. If you decline to obtain such recommended insurance, you will be refused participation in the Trip unless you release us from all liability for the risks that such recommended insurance covers. Please feel free to contact us as far as possible in advance of your Trip for recommendations on types of travel and cancellation insurance required.
i. You will remain informed of the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov.
j. You will arrive timely for all activities, flights or other modes of transportation during the trip destination or risk incurring any costs associated with failure to do so.
k. You will participate in paid for activities, but in any event if you fail to or are unable to participate for any reason, we will not provide refunds for the cost of such activities, nor can we be required to provide you alternate transportation or activities other than at your own cost.
l. You will respect all local laws and customs, and any lawful instructions by leaders of activities or any tour groups, and you understand that failure to do so may result at any time in cancellation of your Trip and/or legal action taken against you. Please see 4(i) below for possible legal and financial consequences of failure to adhere to this condition.
m. You will accept liability for any property damage you may cause during your stay at any hotel, at an activity, or on any flight or other method of transportation during the Trip.
n. You will cooperate with us and Suppliers in all matters relating to the Services and the Trip.
o. You will respond promptly to any request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for us to perform Services in accordance with the requirements of this Agreement.
p. As a precondition to travel you will sign the attached waiver and return it to us, or you will be refused participation in the Trip.
4. Exclusions to Company Obligations. We will not be responsible for any of the following costs or risks:
a. Taxes. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable hereunder.
b. Airfare and Airline Policies. Generally we cannot control airline pricing policies and some airlines reserve the right to change their fees after tickets are purchased. Therefore, unless specifically provided to the contrary in the Confirmation Order, you may be required at any time to pay extra for any or all of the following costs: change fees, baggage costs (including extra or overweight charges), fuel surcharges, airport taxes, cabin upgrades, special meal requests, or other charges not included on the Confirmation Order. (Also please be aware that some airlines may refuse to offer mileage credit on package flights purchased for the Trip; please check with your airline for their policies on this matter.)
c. Passport and visa costs. We cannot be responsible for the cost, or the change in cost, of any government documentation required for your Trip, whether in advance or on arrival (e.g. banderole visa or entry stamps). Please be advised that every government has the right to refuse entry to foreigner even with a valid passport and visa. They do not have to give a reason and they are not answerable, generally, to the courts of their own country or of the United States of America. In the event that you are denied entry into any country on the Trip, neither we nor any of the Suppliers are in a position to do anything about it. We will not be liable for any costs associated with such refusal, including but not limited to added transportation costs or loss of the value of your Trip.
d. Medical costs. We cannot be responsible for any medical costs, planned or unplanned, that you incur in preparation for or on the Trip. This includes but is not limited to check-ups, immunizations, record costs, insurance premiums or deductibles, medical providers, pharmaceutical costs, over the counter medicines, medicinal devices, hospitalizations, repatriation (for medical treatment or of remains), emergency medical treatment, or any other costs associated with your medical condition or emergency. We strongly urge you to obtain sufficient insurance to cover your risks.
e. Tips and incidentals. Unless specifically provided for and charged through your Confirmation Order, you will be required separately to pay any tips to tour directors, hosts, drivers, local guides, and/or ships’ crew as well as gratuities on ferries, trains, and cruise ships. You will also be responsible for your own costs of laundry, telephone, minibar, alcohol, beverages, and food outside of the contracted menu as presented at a hotel or restaurant (these extra items will be billed to you before leaving the hotel or restaurant).
f. Miscellaneous travel costs. These include but are not limited to port taxes, porterage at airports and train stations, optional excursion costs, airport transfers on non-qualifying flights.
g. Insurance costs. Unless specifically provided for and charged through your Confirmation Order, travel and medical insurance premiums are your financial responsibility.
h. Loss, theft, bodily injury, death. We are not responsible for lost, damaged, or stolen items of baggage or personal property on the Trip. We are also not responsible for any physical injuries or mental or emotional distress, up to and including the loss of life, you may suffer during the Trip for whatever reason.
i. Legal costs. You will be responsible for all legal costs that you may incur during the Trip as a result of your own acts or omissions. These may include, but are not limited to compensatory and punitive damages, fines, fees, attorney’s costs, bail, or other court costs. Please be advised that we are not in a position to provide legal assistance in the event that you are arrested or detained. If you are arrested or detained in a foreign country, your rights will be determined by the laws of that country. While many countries that have diplomatic relationships with the United States of America are required to provide access to consular assistance in the event you are detained, such assistance may be very limited and is unlikely alone to result in your release from custody. It is your responsibility, therefore, to be aware of and in compliance with all local laws for the countries you visit on your Trip.
5. Passports, Visas, Medical, Other Travel Documents. You are solely legally and financially responsible for complying with passport and visa requirements. For U.S. travelers, international travel generally requires a passport valid at least six (6) to twelve (12) months beyond your intended return travel date, depending on the countries to be visited. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements. In addition, please check with the Centers for Disease Control at www.cdc.gov/travel for current medical information regarding the countries on your Trip. Note also that beginning on October 1, 2020, all forms of identification (e.g. a driver’s license, passport, passport card, or other identification) for travel into, out of, or within the United States will need to comply with the requirements of the Federal Real ID Act (see www.dhs.gov/real-id for more information) and you are advised to obtain compliant documentation before then.
6. Your Acts or Omissions. If our performance of its obligations under this Agreement is prevented or delayed by any act or omission of you or anyone acting on your behalf, we cannot be held liable for any costs, charges or losses you have sustained or incurred. If you are denied entry into a particular country for any reason, we are not liable and will not refund the trip. We are not responsible for any fees, penalties, sanctions, or any other fines imposed on you while travelling.
7. Change Orders.
a. If you wish to change the scope or performance of the Services, you must submit details of the requested change to us in writing. We will, within a reasonable time after such request, provide a written estimate to you of:
i. whether the requested change will be accepted or denied;
ii. the likely time required to implement the change;
iii. any necessary variations to the fees and other charges for the Services arising from the change;
iv. the likely effect of the change on the Services; and
v. any other impact the change might have on the performance of this Agreement.
b. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance.
c. Notwithstanding this section, we may, from time to time change or cancel the trip and/or the Services without your consent. Notwithstanding other sections of the agreement, refunds will not be issued.
d. We may charge for the time we spend assessing and documenting your change request on a time and materials basis.
8. Cancellation Policy; Fees and Expenses; Payment Terms; Interest on Late Payments.
a. All deposits are non-refundable, unless this agreement specifies otherwise.
b. All payments are subjected to processing fees that are not included in the price and subject to change.
c. You shall pay all invoiced amounts due in the currency of the United States of America by debit or credit card, cash will not be accepted. You are strongly advised to use a credit card if possible as it will provide you greater rights with your issuer to dispute charges if necessary.
d. You allow us to use the debit card or electronic payment used for the deposit for future payments for the Trip; the payment can be updated by emailing us directly.
e. You agree to make all payments on before or by 11:59 PM Eastern Standard Time on the payment due date. All other payments are late and may be taxed a late fee in the amount of 15% of the payment due (e.g., if you are late on a $300 payment, then we would collect a $45 late fee on that payment).
f. If you cancel 61 days or more prior to your departure date, all payments will be refunded minus our administrative fee as provided on the Confirmation Order. AIRFARE PENALTIES MAY APPLY.
g. If you cancel 31 - 60 days before your departure date, 50% of your payment will be refunded [minus our administrative fee as provided on the Confirmation Order]. AIRFARE PENALTIES MAY APPLY.
h. If you cancel 30 days or less prior to departure all payments are non-refundable.
i. If we do not receive payments within seven days after becoming due, we reserve the right to:
i. charge interest on any such unpaid amounts at a rate not less than 15% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
ii. trip cancellation may result.
j. Failure to make three consecutive payments will result in trip cancellation. The administration fee is non-refundable and any other amounts paid before cancellation may also be forfeited.
9. Travel Insurance and Cancellation.
a. Please review any travel insurance terms separately as those terms may give you additional rights. Please note that we are not responsible for any travel insurance terms and the administration of said insurance.
b. In general, travel insurance may be added to your Trip at the time of the Deposit being made and cannot be added afterwards. Some exceptions apply.
c. We reserve the right to cancel this tour at any time prior to the date of the tour. In that instance, we will issue refunds of 50% to Customer.
d. We will not reimburse you for lost luggage, theft, hotel or airfare cancellations.
e. We reserve the right to modify the tour at any time.
f. Travel insurance is not required, but highly recommended.
10. Refunds. All refunds (if available) will be provided within 120 business days, Monday through Friday 8:00 am EST to 5:00 pm EST and will be processed back to your original form of payment.
11. Changes and Modifications.
a. All requests for changes or modifications to the trip must be submitted in writing. Any changes that are not provided in writing will not be honored.
b. Name Change. All name changes will incur a fee not less than $200. You may, only with our approval, make a partial name change or a complete name change all name changes must be made, at minimum, 30 days before departure.
c. Customer Information Change. If you want to make partial or complete changes by the date of departure, fees will apply.
d. Any name changes that exceeds five letters will incur a change fee paid directly to Company.
12. Chargebacks.
a. All payments will be processed only after the completion of a signed credit card authorization form from an authorized user of that card / account (or received written permission from cardholder to make charges on that account). We will not be liable for any fraudulent activity or unauthorized use of credit card. Upon signing the credit card authorization form, you agree that you are authorized to give us permission to charge the pre-determined amount. Please note that cash is not an acceptable payment method.
b. You also agree to provide us with your legal name as found on your official government ID.
c. You agree by authorizing this payment not to report it as fraud. You agree that reporting this charge as fraud constitutes fraudulent activity.
d. You agree to pay any expenses we may incur due to any fraudulent activity on your part.
e. You understand that requesting a chargeback from your bank will cancel your enrollment in the Trip.
13. Attendance of Children.
a. Depending on the specific Suppliers, children of all ages up to 18 may be allowed to participate in Trips if they are accompanied by an adult over the age of 21 years old.
b. You agree to ensure that any child who attends the Trip adheres to the terms and conditions within this Agreement. You will be personally liable throughout the entire duration of the Trip for any breach of this Agreement caused by any children accompanying you on this trip.
c. You indemnify and hold us harmless from and against any costs, damages, losses or liabilities whether (a) arising out of the actions or omissions of any children traveling with you or (b) suffered by you any children. We take no responsibility for the safety of children or adults on the Trip and strongly recommend that you obtain adequate insurance.
d. If you cancel your own reservation and there is no other adult on the reservation to accompany the child, the reservation will automatically cancel for the child as well.
14. Photography Permission. You hereby consent, without further consideration therefor and as a condition to participation in the Trip, that we may use of pictures or video of you in our marketing materials without credit or compensation to you and that any license granted hereunder for use of your image and likeness is fully transferable to any third party in any media.
15. Conduct During The Trip. You are responsible for respecting the authority and following the directions of the various tour guides and the laws and cultures of the countries in your itinerary during the Trip. We or any Supplier may exclude you from participating in all or any part of the Trip if, in our or their sole discretion, your condition or behavior renders you unfit for the Trip or unfit for continuation once the Trip has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Trip services or may constitute a hazard or embarrassment or risk legal consequences for you or any other person.
16. Additional Terms and Conditions. We are not responsible for ensuring that you return home safely. You agree not to sue us or our representatives, successors, or assigns for injuries or damages of any kind suffered as a result of this Trip or any related activity other than for our gross misconduct.
17. Medical Emergencies. We are not responsible for any medical emergencies or situations that occur while you are on the Trip. You agree by attending this Trip that you (and any children travelling with you) have the physical and mental capacity to do so and that you are solely responsible for your own health and safety (and that of any children travelling with you) while on this trip.
18. Waiver. No waiver of any provision of this Agreement is effective unless we have explicitly set it forth in writing and signed it. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
19. Force Majeure. We are not liable or responsible to you, nor have we defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Companyincluding, pandemics, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, infestation, currency devaluation, localized or systemic economic disruption, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
a. Third Party Cancellations: All refunds owed or issued to You from third-parties are up to the discretion of the third-party vendor. By agreeing to these terms You understand that we do not promise or control any refunds due to you from third parties.
20. Assignment. You may not assign any of your rights or delegate any of your obligations under this Agreement. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
21. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
22. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
23. Confidential Information.
All non-public, confidential or proprietary information, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), that we may disclose to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by you without our prior written consent. Confidential Information does not include information that is:
a. in the public domain;
b. known to you at the time of disclosure; or
c. rightfully obtained by you on a non-confidential basis from a third party.
d. You agree to use the Confidential Information only to make use of the Services and the Trip.
e. We shall be entitled to injunctive relief for any violation of this Section.
24. LIMITATION OF LIABILITY.
YOU AGREE TO WAIVE ALL RIGHTS TO SUE US AND OUR AFFILLIATES, MEMBERS, SPONSORS, ORGANIZERS, OR OTHER REPRESENTATIVES, OUR SUCCESSORS AND ASSIGNS FOR ANYTHING THAT OCCURS ON THIS TRIP OR RESULTS FROM THIS CONTRACT UP TO THE EXTENT ALLOWED BY LAW.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INJURIES, LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US PURSUANT TO THIS AGREEMENT.
The limitation of liability set forth above shall not apply to (i) liability resulting from our gross negligence or willful misconduct or (ii) death or bodily injury resulting directly from our negligent acts or omissions.
25. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
26. Submission to Jurisdiction. You agree to present any claims against us within ninety (90) days after the trip ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved exclusively by binding arbitration in Chicago, Illinois according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by the substantive law of the State of Illinois. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. We shall be entitled to collect from you our reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
27. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
28. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
29. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
30. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of both you and us.
BY PAYING FOR THIS TRIP AND SIGNING THE ATTACHED DISCLAIMER YOU AGREE TO EACH AND EVERY PROVISION OF THIS AGREEMENT IN ITS ENTIRETY.
SIGNED DISCLAIMER
Please sign and return this disclaimer form before we commence services. Your signature will signify your agreement with the following and the Terms and Conditions to which it is attached and without it on file you will not be allowed to depart on the trip:
Unbothered Escapes LLC, an Illinois Limited Liability Company (“we” or “us”) acts as a sales agent for various service providers named in your itinerary (“Suppliers”). We are not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.
We assume no responsibility for and shall not be liable for any refund, personal injury, loss of life, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; (3) any wrongful or negligent acts or omissions on the part of any other party not under our control; (4) your own personal physical, mental, and emotional health, whether or not we were made aware of it; or (5) your own acts or omissions whether or not we were made aware of them or advised you with respect to them. You hereby and expressly release us from all claims arising out of any problem covered in this paragraph.
You acknowledge and understand that Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms. You acknowledge that we have no power to amend, enforce, or otherwise act on your behalf with respect to those contracts.
We have no special knowledge regarding the financial condition of the Suppliers, or unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, ABC recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release us from all claims arising out of any problem covered in this paragraph, and to submit all other claims against us in accordance with the Terms and Conditions to which this Disclaimer is attached.
For your protection, we strongly recommend that you purchase trip interruption and cancellation insurance and that you check the appropriate box below. Declining such insurance will not increase our liability to you. We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
EVERY FAMILY OR PARTY MEMBER OVER 18 MUST SIGN ON THEIR OWN BEHALF.
A PARTY MEMBER OVER 21 MUST SIGN ON BEHALF OF EACH PARTY MEMBER UNDER 18.
