SERVICE TERMS & CONDITIONS
This Service Agreement, which is effective as of the date of signing of this Service Agreement (the “Effective Date”), is made by and between Anthology Travel Group, LLC (the “Advisor,” “we,” “us,” and “our”) and the individual signing this Service Agreement (the “Client,” “you,” and “your”) (collectively, the “Parties,” “we all”).
CONTRACT. We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.
CHANGES TO THESE TERMS AND CONDITIONS. Advisor reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current Terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions constitutes your consent to the changes.
RECITALS
Advisor is a company that has expertise in designing, planning, and booking custom travel experiences.
Client desires to retain Advisor according to the Service Agreement set forth in this Service Agreement.
In consideration of the mutual promises and obligations in this Service Agreement, the Parties agree as follows:
SECTION 1: TRAVEL CONSULTING SERVICES TERMS
1.1 Scope of Services. We agree to design a series of travel experiences for you.
1.2 Travel Experiences. Travel Experiences are defined as the individual planned events, outings, reservations, or other plans included in the Services.
1.3 Relationship Between Parties. You understand and agree that we are not being hired as your employee and that this Service Agreement does not create any kind of employment relationship. Our relationship to you is that of an independent contractor.
You understand and agree that you are hiring us to act as your agent for the specified purpose of performing Services. This limited purpose includes our action as your agent in circumstances such as acquiring transportation, hotel accommodations, sightseeing, and other related services for your benefit. You understand that performance of Services may require us to enter into agreements and pay deposits or costs upfront in order to secure such services for your benefit and you hereby delegate authorization and signature authority to us to enter into such agreements and charge your credit card according to the terms of this Service Agreement. We will make all reasonable efforts to inform you in writing prior to acting as your agent of the transaction’s nature and our planned action.
We all agree to do our best to show each other respect and foster an authentic and communicative environment based on flexibility, transparency, empathy, and equality.
1.4 Notice. All correspondence or notice required regarding Services will be made to the Parties via email. If to us, official notices concerning the Service Agreement should be sent to kate@anthologytravel.com, and if to you, official notices concerning the Service Agreement should be sent to the email address you provide to us. Should your email address, billing information, or contact information change at any time throughout the performance of the Services, it is your responsibility to provide your updated information to us within three (3) business days of any change.
1.5 Client Responsibility. Your participation is the one vital element to the overall success of the Services. Particularly at the beginning of our performance of Services, prompt communication between all of us will be crucial to designing the best travel experience that we can for you.
You understand that clear communication regarding your budget is essential. We will do our best to work within your budget and accommodate your wishes; we will also do our best to let you know what is realistic and to offer options whenever possible.
You understand and agree that, while we do our best to be flexible and to design experiences truly tailored to your preferences, that we work best when we can work on planning your travel over the full term of this Service Agreement. You understand that this is for a variety of reasons: we understand you and your needs better with more time, and there are often more choices and better rates when we can plan early. You agree that any emergency or change in plans does not result in an emergency on our end. You agree to pay any third-party fees that change as a result of your change of plans. You also agree to pay any rush fees that we reasonably determine are necessary to accommodate your change of plans (see Section 2.1 for more information).
You understand that travel documentation appropriate for entry to your itinerary destinations, such as passports, visa, & inoculation certificates, remain each traveler's responsibility. It is each traveler's responsibility to make certain that they have proper immunizations and vaccinations before travel - please see your healthcare provider for advice. Travelers who do not meet advised requirements may be denied boarding. Valid passports are required for all international destinations. If a passport is required for travel, the expiration date must be at least six (6) months following the return date of the planned travel. Each foreign country holds different views of past criminal offenses - if you have a past or current offense, please contact that country directly for entry and exit requirements. Travelers with DWI or DUI records should check whether current rules exclude admission to foreign destinations; in particular, Mexico and Canada have strict rules regarding past criminal offenses. For further information, please visit the U.S. Department of State's website: travel.state.gov.
You understand and agree that travel to certain destinations may involve greater risk than others. Advisor urges Client to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Advisor will not be liable for damages or losses that result from travel to such destinations.
Bookings do not include airfare and you must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier.
It is strongly recommended that you check-in at the airport a minimum of two (2) hours prior to scheduled departure for domestic flights and three (3) hours prior to scheduled departure for international flights. It is the traveler's responsibility to reconfirm flight times at least 24-72 hours prior to scheduled departure. Recommended check-in times are subject to change without notification. It is the traveler's responsibility to remain abreast of changes in condition or airport rules that might require earlier arrival times. This information can be found when entering your confirmation number on the airline website. Anthology Travel will not assume responsibility for any air or schedule changes. Certain countries require departure taxes that require payment in cash.
1.6 Groups of Travelers or Other Travelers. You understand and agree that, as the Client who entered into this Service Agreement, you will be responsible for upholding all of the Client obligations or responsibilities described in this Service Agreement, including the obligation to pay all fees for Services and other costs associated with arranging Travel Experiences. You are also responsible for ensuring that all members of your party read the Service Agreement and agree with it. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
Where you are obtaining Services for your own personal or leisure travel and your immediate family members, such as a spouse and/or minor children, you represent and warrant that you have the authority to act on behalf of such immediate family members with respect to the Services.
Where you are obtaining personal or leisure travel Services for others who are not your spouse or minor children (i.e., children who are the age of majority, parents, siblings and their families, friends, or others) (“Other Travelers”), you represent and warrant that you have the authority to act on behalf of such Other Travelers and understand that the Other Travelers may be required to sign a waiver and release with regard to the Services rendered by Advisor. Where you are obtaining Services for a group of people, you should be honest and upfront with those within the group, particularly regarding financial issues and limitations. Anthology Travel is not responsible for any division of fees and costs among Other Travelers and, unless otherwise stated in writing, you shall remain solely responsible to Anthology Travel for all fees and costs.
Where Client is a business or organization (“Company”) and Anthology Travel is rendering corporate travel Services to the Company, Client understands and agrees that Anthology Travel is engaged solely for travel Services within the scope of Company’s business. Any personal or leisure travel Services required or desired of any Company personnel shall be the subject to a separate Travel Consulting Service Agreement between Advisor and person requiring travel Services. Likewise, if Client is an individual desiring to engage Advisor to render corporate travel Services to a Company, the Company and Advisor shall enter into a separate Travel Consulting Service Agreement for such Services. Company Client understands and agrees that Company personnel for which Advisor provides Services hereunder shall be subject to the provisions of this Service Agreement.
1.7 Number of Travelers (Annual Retainer Clients). If you have communicated a desire to hire us on an annual basis, your agreement covers the number of persons in your household or immediate family (you, your significant other, children, and grandchildren). That is, for each trip, you may have the same number of travelers as in your household or immediate family, regardless of who the travelers are or their relationship to you. Any additional travelers will incur an additional planning fee of $350 per cabin or room in the case or cruises or all-inclusive resorts, or $50.00 per person, per night for all other types of travel.
1.8 Corporate Incentive Groups and Destination Weddings. Rates for corporate incentive groups and destination weddings will be negotiated separately and are depend on the size of the group and scope of the trip. We will not accept bookings for corporate incentive trips or destination weddings unless you agree to include us in the site selection process.
1.9 Exclusions. The following types of travel and services are not included as part of this agreement: Disney-related travel, except for Disney Cruise Lines; trips involving accommodation booked with loyalty points or airline miles; trips involving accommodations booked through airbnb or VRBO; trips involving accommodation booked directly by the client. We reserve the right to decline to handle a booking if we don’t feel it meets the level of quality we aspire to bring to our clients.
1.10 Flights. We will work with you to determine the best flights to match your schedule and itinerary, but we do not book flights directly unless part of a packaged itinerary.
1.11 Timeliness. We work diligently to get draft proposals in front of you in a timely fashion; time is often of the essence in retaining availability and pricing. You agree to return your comments and revisions to us within three business days of receiving our proposal.
1.12 Direct Bookings by Clients. We understand clients sometimes wish to book hotels quickly on their own; we have provided a direct booking portal at https://www.virtuoso.com/advisor/katesull74849/hotels in order to facilitate direct bookings. Direct booking confirmation emails can also be forwarded to kate@anthologytravel.com for us to administer on your behalf. If a client directly books a hotel, whether directly with the property or through a third-party booking site, that we have expressly recommended for a specific set of dates and either refuses, or is unable to, transfer the booking to us, that action is grounds for immediate termination of our professional relationship and no refund of the Planning Fee will be forthcoming.
SECTION 2: PRICING AND PAYMENT
2.1 Planning Fee. Advisor’s fee for Services under this Service Agreement is determined by the scope and complexity of the contemplated Travel; the specific amount will be communicated during the initial consultation call. Our Planning Fee is always non-refundable, even if you decide not to book with us or your reservation is cancelled.
You understand and agree that our Planning Fee does not cover the cost of any travel arrangements, including but not limited to: airfare, hotel reservations, tour operator fees, or other costs deriving from booking your Travel Experiences with airlines, hotels, tour operators, or other suppliers. For such costs, you are responsible for providing us with a signed authorization form that gives us the authority to purchase on your behalf and charge it to your credit card or another authorized payment method. For such costs under one-hundred U.S. dollars ($100.00 USD) per transaction, you hereby grant us authorization to purchase on your behalf using your credit card or another authorized payment method without express written authorization, so long as the arrangement and transaction were previously discussed with you and the transaction is later confirmed in writing by us.
You agree that, if plans do need to change and we agree to accommodate you, you will be subject to a rush fee, which we have the option to charge in our own reasonable judgment. This rush fee will vary depending on the time allowed for planning. We promise to clearly communicate to you what that fee will be and to amend this Service Agreement accordingly so we all can agree in writing to the new fee(s).
Price quotes are applicable to the date and time at which they are issued and cannot be guaranteed until payment is made. Quotes in foreign currency are subject to fluctuations in exchange rates and international credit card issuer fees. Advisor is not responsible for any increases due to fuel surcharges, government-imposed taxes/fees, or supplier-imposed increases.
2.2 Client’s Payment Responsibilities. You may pay through credit or debit card or by check. You are required to make payment by the date due on the invoice. If you fail to make such timely payments, Services will be put on hold until payment is made or may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
2.3 Refunds. It is our intention for you to be happy and satisfied with your traveling experience. We have invested considerable time and effort in reviewing and vetting travel components so we can plan the optimal travel experience for you. If you decide to terminate outside of the agreed-upon termination methods (see Section 3.2 for more information), you are still fully responsible for making any outstanding payments. You understand and acknowledge that many components of a travel experience are dynamically priced and that prices for certain components may decrease after a purchase. Where possible, we will attempt to obtain a price match. No refunds will be provided. The Planning Fee is similarly non-refundable. As our prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.
2.4 Chargebacks. Anthology Travel’s supplier-related services consist of facilitating the sale of travel Services and providing payment to third-party Suppliers. You agree not to dispute credit card charges made on your behalf by Anthology Travel. Advisor retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks.
2.5 Trip Cancellation. In the event you need to cancel travel after the final payment has been made, you agree to pay a cancellation fee equivalent to 10% of the cost of all canceled trip components. No action will be taken to effect the cancellation of trip components until receipt of the cancellation fee by Anthology Travel. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Advisor. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
Cancellation fees under this paragraph are separate and distinct from any portion of the Planning Fees that may or may not be refundable.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
2.6 Changes and Cancellation by the Supplier. We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.
If between planning time and/or during actual travel, circumstances require changes, Advisor and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Advisor cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
2.7 Pricing Breakdowns. We are unable to provide line-by-line pricing breakdowns. We will endeavor to assist you in understanding the costs associated with your trip, but typically the exact rates involved are governed by confidentiality provisions in our Suppliers’ contracts.
SECTION 3: TERM AND TERMINATION.
3.1 Term. This Service Agreement will start on the Effective Date and continue until travel is completed (the “Term”).
3.2 Termination.
a) By Advisor. We may terminate this Service Agreement, with or without cause, upon thirty (30) days’ written notice to you. In such event, termination does not excuse you from any outstanding payment obligations for which you are not entitled to any refunds (as stated in Section 2.4). You understand that booking any travel components on your own, other than airfare, without consulting us in advance, will be considered a material breach of contract and will result in immediate termination of the contract without refund of the Planning Fee.
b) By Client. You may terminate this Service Agreement, with or without cause, upon thirty (30) days’ written notice to us. In such event, termination does not excuse you from any outstanding payment obligations for which you are not entitled to any refunds (as stated in Section 2.4).
i. If trip components have already been deposited, the Planning Fee is non-refundable. If trip components have not yet been booked, your Planning Fee can be credited to future travel planning.
SECTION 4: WARRANTIES, LIABILITIES, AND INDEMNIFICATION
4.1 Disclaimer. Advisor, and its employees, members, agents, and representatives use third-party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Advisor is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Advisor does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Advisor. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Advisor, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Advisor. Advisor assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Advisor assumes no responsibility or liability for personal property; and Advisor shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Advisor accepts no responsibility for lost or stolen items. Advisor reserves the right to refuse any traveler or potential traveler at its sole discretion.
4.2 Assumption of Risk/Waiver. Client is aware that travel to such areas as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Anthology Travel Group, LLC and its employees members, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical exertion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Anthology Travel Group, LLC and agrees to and shall hold harmless and fully release Anthology Travel Group, LLC its employees, members, agents, and assigns (together Advisor) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Advisor and traveler hereby covenant not to sue Advisor for any such claims or join any lawsuit or action that is suing Advisor. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
4.3 COVID 19 Waiver. By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Advisor.
You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing.
Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Advisor to provide these details. You understand that you may become sick before, during, or after travel and/or may not be able to travel and such cancellation or interruption will be subject to our cancellation terms, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Advisor has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Advisor shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Anthology Travel Group, LLC, its employees, members, agents, assigns, and suppliers (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
4.4 Client Representations and Warranties. You represent and warrant to us as follows:
You have the authority to enter into and perform the obligations under this Service Agreement, even if you are the sole representative signing on behalf of a group.
You have or will obtain all necessary permissions, rights, and licenses to grant us the use of any permissions, rights, licenses, and materials necessary to perform Services.
4.5 Indemnification. Client agrees to indemnify, hold harmless, and defend us, our affiliates, and our respective officers, directors, agents, employees, independent contractors, successors, and permitted assigns, from any and all claims, demands, losses, causes of action, damage, lawsuits, penalties, fines, costs, or expenses of actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and costs incurred by us (“Losses”), arising out of, or relating to, a claim by any third-party claim involving: (a) breach of any of your representations, warranties, or covenants contained in this Service Agreement; (b) failure by any traveler under this Service Agreement to comply with any applicable federal, state or local laws, regulations, or codes; (c) any claims arising out of a traveler’s participation in the travel or Travel Experiences arranged and Services rendered under this Service Agreement. We shall give prompt written notice to you (a "Claim Notice") after obtaining knowledge of any Losses or discovery of facts on which we intend to base a request for indemnification and provide you with reasonable cooperation and assistance as you may request in the defense of such suit. Notwithstanding anything to the contrary in this Section, we may select our own legal counsel to represent our interests, and you shall: (a) reimburse us for our costs and attorneys' fees immediately upon request as they are incurred; and (b) remain responsible to us any Losses indemnified.
4.6 Traveler Behavior. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Advisor and our local suppliers. Our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund.
4.7 Limitation of Advisor’s Liability. You agree to the following:
In no event will we be liable to you or to any third party for any loss of use, revenue or profit, or for any special, consequential, incidental, indirect, exemplary or punitive losses, costs, damages, or expenses (“Damages”), regardless of whether the Damages were foreseeable and regardless of 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.
Our total liability under this Service Agreement for damages, costs, and expenses, regardless of cause, will not exceed the Planning Fee described in this Service Agreement.
We will not be liable for any claim or demand made against you, the Client, by any third party.
You will not hold us liable for actions made while acting as your agent.
4.8 Insurance. You understand that we recommend the addition of trip cancellation, trip interruption, and travel medical insurance for all travelers. If you, any travelers in your group, or Other Travelers decline to purchase trip cancellation and/or travel insurance, you agree to sign a waiver to that effect prior to receiving any of your final travel documentation. You also understand and agree that we are not insurance agents and, if you do elect to purchase trip cancellation and/or travel accident insurance referred to you by us or independently acquired by you, travelers in your group, or Other Travelers, it is not our responsibility but the traveler’s sole responsibility to understand those travel insurance policy benefits, limitations, and restrictions and that any travel insurance policy is an Agreement solely between the traveler and the traveler’s insurance company. You understand that travel insurance premium costs can sometimes range from between 5-10% of the total trip cost and that you should factor that into your budget.
4.9 Pre-Existing Medical Conditions/Persons with Disabilities. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your travel, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Advisor will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the Client requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to clients with limited mobility and all such assistance will need to be provided by whoever the client is traveling with. Clients with disabilities must notify us at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
SECTION 5: GENERAL PROVISIONS
5.1 Governing Law/Jurisdiction/Class Action Waiver/Notice of Claim. This Service Agreement will be governed by and construed in accordance with the laws of the District of Columbia, regardless of the conflict of laws principles. Any claims shall be brought in a court of competent jurisdiction located in the District of Columbia. You agree that you will only bring claims against Advisor in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. You understand and agree that no claims will be considered and that you will not bring suit against Advisor unless you have first provided a typewritten notice of claim to Advisor within 30 days after the trip or cancellation of the trip.
5.2 Entire Agreement, Amendments, and Headings. This Service Agreement, along with the terms and conditions of our Suppliers and any other documents we provide you constitutes the entire Service Agreement between the Parties with respect to its relationship and supersedes all prior oral or written Service Agreements, understandings and representations to the extent that they relate in any way to the subject matter in this Service Agreement. The headings of Sections in this Service Agreement are provided for convenience only and will not affect its construction or interpretation.
5.3 Severability. Should any provision of this Service Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Service Agreement will not be affected and will remain in full force and effect.
5.4 Waiver. The waiver or failure of us to exercise in any respect any right provided for in this Service Agreement will not be deemed a waiver of any right under this Service Agreement.
5.5 Third-Party Relationships. We offer travel planning services to our clients, where the services planned are provided by separate and independent suppliers. We do not own, operate, control, or otherwise provide the services that independent suppliers perform. You agree that we act only as your agent in acquiring services related to your travel and Travel Experiences and on the express condition that we shall not be responsible for any loss, accident, injury, delay, defect, omission, or irregularity which may occur, whether by reason of any act, negligence, or default of any company or personnel engaged in or responsible for carrying out the Travel Experiences, or otherwise in connection therewith, and are not responsible for assisting with any recovery of Losses or Damages that you may incur as a result of services or conduct by these third-party suppliers or in the event of their insolvency or inability to provide the services as contracted.
5.6 Subcontracting. You understand and agree that we have the authority to subcontract with third-party suppliers without receiving your prior permission. Our third-party suppliers have expert knowledge to improve your experience and to ensure that you have on-the-ground support during your Travel Experiences. You also understand that, because pricing arrangements between local tour operators and suppliers can be subject to confidentiality Service Agreements, you may not be able to receive an itemized list of costs for individual travel expenses when booked through such a third-party supplier.
5.7 Accommodation. All accommodation options on trips booked and serviced by us will be commissionable rates; we reserve the right to decline to service trips booked by you with loyalty points. We encourage the use of loyalty points and miles for airfare.
5.8 Assignment. This Service Agreement may not be assigned by either Party without the express written consent of the other Party.
5.9 Force Majeure. In the event that any cause beyond the reasonable control of either Party including, without limitation, acts of God, war, invasion, or hostilities (whether war is declared or not), curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, national emergency, epidemic, pandemic, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, for either party to perform its obligations under this Service Agreement, Advisor’s performance will be extended without liability for the period of delay or inability to perform due to such occurrence. In the case of a force majeure event covered by this paragraph, Client agrees that Advisor shall not be liable to Client for any damages of any kind.
5.10 Electronic Signature and Acceptance. The signing of this Service Agreement via electronic method will hold both Parties in acceptance of this Service Agreement. Electronic signatures will be considered legal and binding.