This Service Agreement (“Terms”) outlines the terms and conditions governing the relationship between Travel and Voyages (“we,” “us,” or “our”) and you, the Traveler (including all individuals in your booking who reside at the same address) (“you,” “your,” or “Traveler”). This agreement commences upon your: (1) electronic or written signature; or (2) payment authorization for our services, and will remain in effect until terminated in writing by either party.

These Terms are subject to modification without prior notice. The most up-to-date version of these Terms can be found on our website.

DEFINITIONS

“Arrangement Services” refer to the assistance we provide in planning and booking your travel, including making reservations for Travel Services, all under the scope of these Terms.

“Primary Traveler” refers to you, who will act as the main point of contact and representative for all Travelers within your booking who share your household, as defined by these Terms.

“Provider” refers to any external company that directly delivers the Travel Services to you.

“Terms” collectively signify these Terms and Conditions.

“Traveler” encompasses you and all individuals listed in the same booking who live at the same address, as detailed in these Terms.

“Travel Services” encompass various travel-related offerings from Providers, such as accommodations in hotels, airline tickets, cruises, rental vehicles, guided tours, recreational activities, and similar offerings related to leisure, business, or other forms of travel, all subject to these Terms.

TRAVELER OBLIGATIONS

By providing your signature or authorizing payment, you indicate your acceptance of these Terms, which include, but are not limited to, all applicable cancellation policies. This acceptance is on behalf of yourself and every Traveler included in your booking who shares your household.

As the Primary Traveler, you are designated as the representative for all Travelers in your booking who share your household.

By signing or authorizing payment, you confirm to us that you have:

• • Shared the entirety of these Terms with all Travelers in your booking; and
  • Obtained written confirmation from each Traveler signifying their agreement to these Terms, and you agree to provide these confirmations to us promptly.

You are responsible for making, confirming, and ensuring timely payment for all reservations well in advance of your travel dates. This will help secure availability, avoid any late fees, and prevent potential increases in fares.

You acknowledge that the text of these Terms is presented in a clear and easily noticeable format.

It is crucial that you fully understand these Terms. Therefore, please read them thoroughly before using our Arrangement Services or any Travel Services.

If any aspect of these Terms is unclear, we encourage you to contact us in writing for clarification.

ROLE OF TRAVEL AND VOYAGES

Travel and Voyages functions as a travel agency, offering Arrangement Services (and not the Travel Services themselves) to you.

We maintain the right to correct any inaccuracies or oversights regarding pricing or other details related to your travel plans at any time.

PROVIDER RELATIONSHIPS

Providers are independent entities that are responsible for the direct delivery of the Travel Services you utilize.

Each Provider operates under its own specific terms, conditions, and management policies.

Your travel documentation will clearly identify each Provider who is responsible for delivering your Travel Services.

By making payment for Travel Services, you are indicating your consent to utilize the services of these identified Providers.

All documents, including receipts, confirmations, and tickets, are subject to the terms and conditions established by each individual Provider.

It is essential to carefully review the terms and conditions provided by each Provider. You are accountable for understanding and adhering to all stipulations set forth by any Provider you choose to engage with. This includes, without limitation, ensuring that all payments are made on time and that you comply with the Provider’s rules and limitations concerning the availability and use of their Travel Services.

You acknowledge that any violation of a Provider’s terms could result in you being denied access to Travel Services, your reservations being cancelled, and the loss of any funds you have already paid. Should any such violation lead to fees or penalties being imposed on Travel and Voyages, you agree to cover all the actual costs incurred by us.

Providers may require you to sign a waiver of liability before you can participate in the Travel Services they offer.

Providers operate independently of us and are not our employees, agents, representatives, or affiliates.

We are not responsible for any breach of contract by a Provider, their failure to comply with applicable laws, or their intentional or negligent actions, errors, or omissions that may lead to delays, inconvenience, additional expenses, loss, damage, injury, or death for Travelers or their companions.

In the event that a Provider declares bankruptcy, they are not obligated to provide transportation or refunds. They might choose to continue offering some or all of their Travel Services, or they might cease operations completely.

Other Providers might, but are not obligated to, offer alternative Travel Services.

Payments made to us are immediately transferred to the respective Providers as required by law.

We are not authorized to issue refunds on behalf of Providers who have declared bankruptcy.

We do not possess any specific knowledge about the financial stability of individual Providers.

We are not liable for any outcomes resulting from recommending a trip credit or a refund.

All promotional offers, incentives, and special deals offered by Providers are subject to their availability, which can change at any time without prior notification.

PRICING AND WHAT IS INCLUDED

The prices we quote are based on the precise services and inclusions that we have detailed for you in writing.

Unless specifically itemized in your travel documentation, our rates do not cover costs, fees, or taxes for other Travelers related to:

• • Any fees or taxes imposed by governmental authorities, including but not limited to those concerning airports, ports, stations, security, agriculture, customs, immigration, visas, and passports; or
  • Any personal expenses, including but not limited to meals, beverages (both alcoholic and non-alcoholic), minibar purchases, entertainment, seat selection fees, upgrades, excursions, hospitality services, gratuities, document reproduction, telecommunications charges, energy surcharges, laundry services, cleaning fees, bedding costs, parking fees, valet services, insurance costs, taxi fares, transportation to and from locations, baggage handling fees, departure taxes, costs associated with specific travel segments, health-related expenses, medical tests or treatments, vaccinations, prescription and over-the-counter medications, and nutritional supplements.

USE OF YOUR PRIVATE INFORMATION

By agreeing to these Terms, you give your consent for us and our Providers to use your personal information as needed to arrange your travel.

You understand that the process of booking your Travel Services may require the sharing of your personal details with third-party entities.

This information may include details such as your date of birth, passport number, travel dates, occupation, frequent flyer account information, bank account details, credit card information, and other data necessary to complete your travel arrangements.

We are not responsible for the way any Supplier handles your information or for any failure on their part to ensure the security of your personal data.

You authorize us to retain your personal information for the duration necessary to provide the Booking Services and for a reasonable period afterward for legitimate business or legal purposes.

BOOKING AND PAYMENT TERMS

You authorize Travel and Voyages to charge your designated payment method (such as a credit card, debit card, or other accepted form of payment) for all expenses associated with your travel booking.

Any payments made to us by Travelers in currencies other than United States Dollars (USD) will be converted to USD using the prevailing exchange rate at the time of the transaction.

Similarly, our payments to Providers will be converted from USD to the Provider’s local currency using the exchange rate in effect at the time of payment.

All prices set by Providers are subject to change, which may occur due to fluctuations in currency exchange rates.

We are not liable for any changes in pricing implemented by Providers, any variations in currency exchange rates, or any additional charges or fees related to foreign currency transactions.

Your purchase of Travel Services is considered complete only when all required deposits and other outstanding amounts have been fully paid and processed, and you have received a written confirmation of your booking from us.

If you fail to make payments by the dates they are due, Providers reserve the right to cancel your booking, either partially or in its entirety, which may result in the loss of any deposits or previous payments, rendering them NON-REFUNDABLE.

You bear the responsibility for any price increases, fees, or penalties imposed by Providers that arise from your failure to make timely payments. Travel and Voyages is not responsible for these additional charges.

Travel and Voyages reserves the right to cancel your booking if full payment for our Booking Services or the Travel Services is not received within a reasonable timeframe, as determined by us at our sole discretion.

If you request a rebooking, we will offer assistance in seeking any eligible refunds (for example, through the use of future cruise credits), we may, at our discretion, charge a NON-REFUNDABLE FEE for providing this specific Booking Service.

MODIFICATION AND CANCELLATION POLICIES

You agree to adhere to the terms and conditions established by the Providers of your Travel Services, including any conditions related to changes or cancellations. You also agree to cover any applicable fees that may be imposed for such modifications or cancellations.

If you wish to modify or cancel a reservation or booking, you may be required to pay:

• • A fee to Travel and Voyages in the amount of USD $250; AND
  • Any fees, charges, or penalties imposed by the relevant Provider.

NO REFUNDS will be provided for any Travel Service that is cancelled, unused, or only partially utilized.

Hotels may have specific policies regarding changes to or cancellations of reservations, which are governed by the terms and conditions of your particular hotel booking.

FAILURE TO APPEAR

If you do not travel or fail to appear for a confirmed reservation or booking, it will be considered a “no show.”

Penalties for a “no show” can be equivalent to the full cost of your travel arrangements, subject to the terms and conditions of both the Provider and Travel and Voyages’ policies.

REFUND, CHARGEBACK, AND ADJUSTMENT PROCESSES

Any claims for refunds or adjustments must be submitted to Travel and Voyages in writing.

All such claims must include complete details and supporting documentation that proves your payment.

You may not be entitled to a refund if you decide to change or cancel your travel plans after either: (1) receiving confirmation of your booking; or (2) making payment for your booking.

Refunds are subject to the specific terms and conditions of the Providers involved.

Providers may not offer refunds for cancellations that are due to events such as actual or threatened terrorist attacks, political unrest, pandemics, health concerns, or similar situations. It is important to carefully review the Provider’s terms and conditions.

You agree to waive any right to initiate a credit card chargeback in the event of a cancellation (unless the cancellation is due to proven fraud), including situations arising from a force majeure event (as defined below).

If you attempt to initiate a chargeback, reverse a charge, or reclaim a payment that has already been made without our explicit authorization, Travel and Voyages reserves the right to charge you for any additional costs, fees, and expenses incurred by us as a result of your action, including, without limitation, attorney’s fees and other legal costs.

DETAILS REGARDING ACCOMMODATIONS

Hotel accommodations are subject to availability at the time you make your reservation.

Some hotels require deposits that are NON-REFUNDABLE and NON-TRANSFERABLE to guarantee your booking. If this is the case for your chosen accommodation, we will inform you that a NON-REFUNDABLE prepayment is required for that portion of your travel.

Specific requests regarding amenities such as air conditioning, elevator access, bed size, and similar preferences cannot be guaranteed at all properties. Furthermore, even if a property lists amenities like air conditioning, elevators, restaurants, bars, fitness facilities, or swimming pools, we cannot guarantee that these will be operational or available for use during your stay.

Any compensation for the absence of expected amenities is solely the responsibility of the hotel property.

While we may offer to assist in communication with the hotel, Travel and Voyages is not responsible for ensuring such compensation under any circumstances.

AIR TRAVEL SPECIFICS

A majority of airlines treat any change to the name on an airline ticket as a cancellation of the original booking.

You are responsible for any charges incurred due to excess baggage. It is the responsibility of each Traveler to confirm the baggage allowances for all their flights with the respective airlines.

Regulations for international flights may differ from those applicable to domestic flights.

Full payment for all types of airline tickets is required at the time of booking.

Once purchased, airline tickets may be NON-REFUNDABLE and NON-EXCHANGEABLE, depending on the specific terms and conditions set by the airline (the Provider).

Travel and Voyages is not liable for any loss, injury, accident, error, or omission that may occur, including, but not limited to, alterations to flight schedules, additional expenses incurred, delays, and cancellations resulting from weather conditions, mechanical issues or repairs, or other events beyond our control.

You agree to adhere to all safety guidelines issued by the airlines and to release Travel and Voyages from any liability arising from airline-imposed restrictions.

Services such as pre-arranged seat assignments, baggage allowances, carry-on policies, meals, and beverages on flights may be subject to additional charges by the airlines.

Travel and Voyages cannot guarantee specific seat locations or that Travelers in a booking will be seated together. Seat assignments are strictly based on availability at the time of seat selection and payment.

Airlines retain the right to modify aircraft and seat assignments at any time without prior notice.

Travel and Voyages is not responsible for any changes made by the airlines or for any additional charges imposed by them for modifications to seat assignments after they have been selected and paid for.

TRAVEL INSURANCE RECOMMENDATIONS

We strongly urge every Traveler to purchase comprehensive travel insurance.

By choosing to decline travel insurance that includes coverage for emergency medical needs, healthcare costs during your trip, and protection against travel disruptions. In that case, you will be assuming all personal and financial risks associated with trip cancellations or any incidents that may occur while you are traveling.

Please be aware that some travel insurance policies may not consider concerns or fear of pandemics or epidemics as valid reasons for coverage.

Some insurance policies may specifically exclude coverage for pandemics and epidemics.

Insurance claims will only be paid if the circumstances meet the specific coverage criteria outlined in the insurance policy you purchase.

You agree to hold Travel and Voyages harmless for your decision not to purchase travel insurance and for any refusal of any claim by an insurer, for any reason whatsoever.

TRAVELER’s RESPONSIBILITIES 

You are accountable for any damage or loss that is caused by the actions, errors, or omissions of any Traveler within your booking.

You are responsible for directly paying the full cost of any such damage or loss to the Provider of the Travel Services, goods, or related services.

You agree to compensate all amounts to Travel and Voyages for any claims made against us, including, without limitation, legal fees and other legal expenses, that arise due to the actions, errors, or omissions of any Traveler.

We are not responsible for any costs associated with a Traveler’s behavior, including their removal from any Travel Services, whether in whole or in part, due to their negligence, willful misconduct, or any other reason.

You agree not to hold Travel and Voyages, its owners, employees, agents, or representatives liable for any claims resulting from the actions, errors, or omissions of any Traveler.

Any Authorized Party (as defined below) reserves the right, at their sole discretion, to refuse you any Travel Service, require you to leave any Travel Service, or instruct you to disembark from any mode of transportation if they have reasonable grounds to believe that:

• • Travler pose a risk to for their own safety or the safety of others.
  • Travler has engaged in, are engaging in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, offensive, harassing, discriminatory, obscene, or any other behavior that could negatively affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party. 
  • Travler not following any rules, procedures, or instructions provided by an Authorized Party.

If an Authorized Party makes any of the determinations described above:

• • Travler may be left at any location where the mode of transport makes a stop, such as a city or port.
  • Travler will be solely responsible for all costs related to your subsequent accommodation, meals, or transportation.
  • Travler will forfeit any right to a full or partial refund of any fees you have paid for any Travel Services.
  • No Authorized Party will have any direct or indirect liability of any kind related to the Traveler’s actions, errors, or omissions.

“Authorized Party” refers to any Provider or any of their agents, representatives, or subcontractors involved in supplying Travel Services or related goods or services. This includes, without limitation, ship operators, ship captains, tour operators, tour guides, group leaders, or crew members.

You are solely responsible for your personal belongings, including luggage and any items you acquire during your travel, at all times.

ACCOMMODATIONS FOR DISABILITIES AND SPECIAL NEEDS

If you have any disabilities or special needs that may require non-emergency assistance, additional support, or specific accommodations, please inform Travel and Voyages prior to making your booking.

If you require the use of wheelchairs, mobility devices, or other medical equipment and are unable to bring your own, rental options may be available, which could involve additional charges.

Airlines and other Providers may charge extra for additional baggage and may have limitations on the size and type of wheelchairs they can accommodate.

If you plan to travel with a service animal or emotional support animal, Providers might require advance notification and specific documentation regarding the animal’s health, training, and other relevant factors.

Laws, regulations, standards, and provisions for individuals with disabilities or special needs can vary significantly in countries outside of the United States and Canada.

Travel destinations may have limited medical facilities, restricted availability of prescription medications, and limited resources to accommodate your particular disability or special needs.

We recommend that you consult with your healthcare provider before finalizing your travel plans and making bookings.

While Travel and Voyages will make reasonable efforts to request assistance or arrange appropriate services or equipment to address Traveler disabilities or special needs, we cannot guarantee that Providers will meet all Traveler needs and expectations.

MANAGING DIETARY ALLERGIES

If you have any food allergies or similar conditions that could potentially cause harm during your travel (“Food Allergies”), please notify Travel and Voyages before you book your trip.

If any Traveler in your party has Food Allergies, each such Traveler:

• • Acknowledges that there may be an increased risk of allergic reactions, delays, or disruptions during your travel; and
  • Is solely responsible for managing their Food Allergies and for taking all necessary precautions related to these allergies before, during, and after their travel.

You agree that you will not initiate any credit card “chargebacks” related to issues arising from Food Allergies.

INVOLVEMENT IN POTENTIALLY RISKY ACTIVITIES

Should you choose to participate in any activity that carries a potential risk of harm to anyone’s health or well-being, damage to property, or associated costs (“Risk Activity”), you are solely responsible for your decision to engage in and your participation in such activities.

You assume all responsibility for risks and expenses related to, and for all legal claims arising from, any Risk Activity.

You agree not to bring any legal action against Travel and Voyages related to any Risk Activity.

You release Travel and Voyages from all liabilities, legal claims, and demands related to any Risk Activity.

Risk Activity includes, but is not limited to, any activity that could reasonably be considered inherently dangerous, hazardous, or likely to result in costs, property damage, or personal injury, disability, illness, or death.

TRAVELER IDENTIFICATION AND CITIZENSHIP VERIFICATION

The Transportation Security Administration (TSA) requires all airline passengers to provide the following details:

• • Secure Flight Passenger Data (SFPD);
  • Their full name as it appears on their government-issued identification;
  • Their date of birth;
  • Their gender; and
  • Their redress number (if applicable).

The name provided for each Traveler on all reservations and travel documents must exactly match the name as it is printed on that Traveler’s government-issued identification.

The Traveler is responsible for any fees or expenses that may result from an incorrect name or from being denied travel due to incorrect or non-matching information.

Updated information regarding security measures and requirements for air travel can be found at www.tsa.gov. We strongly recommend that Travelers consult this website well in advance of their travel dates.

All U.S. citizens traveling to or from any international destination are required to have a valid passport that remains valid for at least six months beyond the Traveler’s intended return date.

Travelers are responsible for verifying and obtaining all travel documentation required by any Provider in advance. This includes, but is not limited to, requirements based on the Traveler’s status, their country of origin, their destination country, and any layovers in other countries.

Travelers must confirm and comply with the most current entry and exit requirements of all jurisdictions relevant to their Travel Services.

Minor Travelers (aged 17 and under) who are traveling without an adult, with only one parent, or with a non-parent adult may need to carry additional documentation as required by domestic or international airline Providers.

NO REFUNDS will be issued for any expenses or losses incurred because a Traveler failed to obtain or provide the necessary travel documents as required by any Provider.

PASSPORT, VISA, AND DRIVER’S LICENSE REQUIREMENTS

It is your responsibility to be familiar with and adhere to all laws and regulations that apply to travel in any country you plan to visit.

You are responsible for determining the specific documents required for your trip, obtaining these documents, and ensuring that your passport is current and valid for both entry into and exit from all countries on your itinerary.

Upon your request, we may offer assistance in identifying necessary travel documents.

However, Travel and Voyages is not responsible or liable if you fail to obtain the required visas or documentation, or if you do not ensure the validity of your passport or any other travel document needed for your entry into or exit from any country.

DENIAL OF ENTRY

Countries may have restrictions on entry for individuals with a criminal record.

You are responsible for understanding all entry laws of your destination(s) and for knowing if you or anyone in your travel party has a criminal record.

To protect the privacy of our clients, Travel and Voyages does not inquire about the criminal records of Travelers.

Refusal of entry into a country will not be considered a valid reason for cancelling Travel Services, initiating a chargeback, or receiving a refund.

PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES

Remaining informed about any restrictions related to pandemics, epidemics, and other travel advisories is solely your responsibility.

You confirm that you have reviewed and understand all travel advisories, notices, warnings, restrictions, and rules issued by the U.S. Center for Disease Control (CDC) and the U.S. Department of State, including those concerning pandemics, epidemics, COVID-19, and other health risks.

You acknowledge that certain countries, including the United States, may have requirements for testing and quarantine upon arrival, as well as testing and quarantine before you can return to the United States or your country of residence.

You understand that destination countries might have a limited capacity for providing the tests required for re-entry into the United States.

Screening procedures and restrictions may be implemented at airports and in public areas, including mandatory face coverings and/or temperature checks at airports, hotels, cruise ships, trains, or other forms of transport.

You are aware that immigration restrictions could be put in place before or during your travel, which might prevent you from entering or leaving your destination as planned.

Travelers, including U.S. Citizens, agree to consult the most current guidelines from the CDC, specific regulations of their destination country, and requirements set by Providers regarding health and medical testing and documentation.

If you do not comply with current regulations or fail to provide any required test results or documentation, you may be denied boarding, entry, or return to the United States or your country of residence.

You are responsible for continuously monitoring the latest travel advisories from the CDC and the Department of State, which can be accessed via the following links:

U.S. Center for Disease Control Information

https://www.cdc.gov/coronavirus/2019-ncov/travelers

https://wwwnc.cdc.gov/travel/notices

U.S. Department of State Information

https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/

Please be aware that notices and policies from the CDC and other governmental bodies can change before, during, and after your travel.

Neither Travel and Voyages nor our Providers are responsible for any testing or documentation required of the Traveler.

You understand and accept the inherent risks involved in choosing to travel.

You accept the risks outlined above and agree to hold Travel and Voyages harmless against any travel restrictions, death, illness, cancellations by Providers, financial losses, quarantine requirements, or measures enacted at airports or destinations you travel to or through.

You agree to hold Travel and Voyages harmless from any financial penalties or fees charged by Providers for cancellations or postponements related to COVID-19, other pandemics or epidemics, natural disasters, accidents, disturbances, or any similar events.

You agree not to initiate any credit card chargebacks, seek reimbursement, or pursue any legal action against Travel and Voyages concerning such penalties or fees.

PROHIBITED ITEMS AND SUBSTANCES

You are responsible for knowing and adhering to all applicable laws in every jurisdiction you travel through regarding restricted products and other materials. This includes, but is not limited to, laws about the possession or use of animals and animal products; plants, fruits, vegetables; soil; cultural artifacts; alcohol; firearms and ammunition; knives and cutting instruments; weapons; explosives; and any other prohibited or illegal products or materials.

You are also responsible for understanding and complying with the applicable laws in each jurisdiction you visit concerning illegal drugs, substances, and paraphernalia, as well as prescription or over-the-counter products that might be restricted in some areas but not others (“Drugs”).

Local laws might require you to have a prescription from a licensed physician for any prescription medications you possess.

Any possession or use of illegal Drugs can result in the immediate termination of your Travel Services and potential prosecution by government authorities.

DANGEROUS GOODS REGULATIONS

Federal law strictly prohibits air passengers from carrying hazardous materials on board an aircraft in their luggage or on their person.

Violation of this law can lead to imprisonment for up to 10 years and significant monetary fines, as outlined in 49 U.S.C. 5124 (refer to https://www.govinfo.gov/content/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII-chap51-sec5124.pdf for details).

Examples of hazardous materials include, but are not limited to, explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen tanks, lithium batteries, and radiopharmaceuticals.

Limited exceptions are made for small quantities (up to 70 ounces total) of medical and toilet articles carried in your checked luggage and certain smoking materials carried on your person.

A comprehensive list of restrictions on hazardous materials is available at:

https://www.tsa.gov/travel/security-screening/whatcanibring/all.

Some international airports mandate that airlines treat passenger cabins with insecticides prior to or during flights. A list of these requirements is provided by the U.S. Department of Transportation (DOT) at:

https://www.transportation.gov/airconsumer/spray.

It is your responsibility to be aware of and comply with all regulations regarding hazardous materials and insecticides.

For information specific to your itinerary and the applicable rules, please contact your airline or other travel provider.

LIABILITY LIMITATIONS

TRAVEL AND VOYAGES ACTS SOLELY AS AN AGENT FOR INDEPENDENT THIRD-PARTY PROVIDERS AND HAS NO AUTHORITY OVER THE ACTIONS OF THESE PROVIDERS, THE CONDUCT OF TRAVELERS, OR THE ACTIVITIES OF ANY OTHER THIRD PARTIES.

ACCORDINGLY, THE TRAVELER HEREBY AGREES THAT TRAVEL AND VOYAGES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHERWISE, ARISING FROM ANY CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO PROPERTY, PERSONAL INJURY, PHYSICAL HARM, OR DEATH RESULTING FROM:

• • ANY ACT, ERROR, OR OMISSION BY ANY PROVIDER OR THEIR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, WHETHER NEGLIGENT OR OTHERWISE, CONCERNING THE TRAVEL SERVICES, THE PROVISION OR FAILURE TO PROVIDE TRAVEL SERVICES IN WHOLE OR IN PART, CANCELLATIONS, BANKRUPTCY, CESSATION OF OPERATIONS, OR ANY OTHER ISSUES RELATED TO TRAVEL SERVICES; OR
  • ANY ACTION, ERROR, OR OMISSION BY THE TRAVELER, WHETHER DUE TO NEGLIGENCE OR OTHERWISE; OR
  • ANY ACTION, ERROR, OR OMISSION BY ANY OTHER THIRD PARTY, WHETHER NEGLIGENT OR OTHERWISE.

THE TRAVELER HEREBY RELEASES TRAVEL AND VOYAGES FROM ALL LIABILITY AS DETAILED ABOVE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A TRAVELER IS AWARDED DAMAGES AGAINST TRAVEL AND VOYAGES BY A LEGAL AUTHORITY, SUCH DAMAGES SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT OF COMMISSIONS OR FEES RECEIVED BY TRAVEL AND VOYAGES FOR PROVIDING THE ARRANGEMENT SERVICES UNDER THESE TERMS.

THE SOLE RESPONSIBILITIES AND LIABILITIES OF TRAVEL AND VOYAGES ARE THOSE EXPRESSLY SET FORTH IN THESE TERMS. ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING FROM STATUTE, LEGAL PRINCIPLES, OR OTHERWISE, ARE HEREBY DISCLAIMED.

DISPUTE RESOLUTION THROUGH BINDING ARBITRATION

In the event of any dispute or claim between you and Travel and Voyages arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through direct, good-faith negotiation.

If these initial efforts at resolution are unsuccessful within a period of 60 days following written notification of the dispute, the parties agree to submit the dispute to final and binding arbitration.

The arbitration proceedings will be conducted as follows:

• • The venue for the arbitration will be in the State of Colorado, County of Arapahoe.
  • The arbitration will be conducted by a single, neutral arbitrator.
  • The arbitrator will not have the authority to add additional parties to the arbitration, to alter the terms of these Terms, to award punitive damages, or to certify the arbitration as a class action.
  • The arbitrator will be bound by applicable federal law and the laws of the State of Colorado, County of Arapahoe.
  • Each party will bear its own legal costs and fees incurred in connection with the arbitration.

EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)

No failure or delay by Travel and Voyages in performing any obligation under these Terms will be considered a breach of this agreement if such failure or delay is due to a force majeure event. Force majeure includes any cause beyond our reasonable and foreseeable control, such as acts of God, floods, severe weather, fires, explosions, accidents, war or threats of war (whether declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays, or other similar events (collectively, “force majeure”).

Travel and Voyages shall not be liable to you for, and will not provide refunds for, any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by any force majeure event.

If any Providers are impacted by a force majeure event, they may, at their sole discretion, modify or cancel any itinerary or arrangement related to your travel without providing prior notice.

If an accident occurs and you seek our assistance, you will be responsible (financially and otherwise) for making all alternative travel arrangements.

GENERAL TERMS

• Amendments. These Terms can only be changed through a written document issued by Travel and Voyages.
• Assignment. You may not transfer any of your rights or obligations under these Terms to any other person or entity without the prior written consent of Travel and Voyages, which we agree will not be unreasonably withheld or delayed.
• Waiver. Any tolerance or delay in enforcing these Terms will not diminish or restrict any rights held by either you or Travel and Voyages. The waiver of any specific right will not be considered a waiver of any future rights. All rights are cumulative and not exclusive of each other.
• Severability. If any part of these Terms is determined to be legally unenforceable, that specific part will be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms will continue to be valid and in full effect.
• Relationship of Parties. These Terms do not create any relationship of agency, legal partnership, joint venture, or employment between you and Travel and Voyages. You do not have any authority to act on behalf of Travel and Voyages or to incur any obligations in our name.
• Notices. Any notices required under these Terms must be in writing and will be considered properly given when sent with confirmation of receipt to the intended party’s email or other designated address for receiving notices.
• Counterparts. These Terms may be executed or accepted electronically in one or more counterparts, each of which will be deemed an original. All counterparts together will constitute a single, unified agreement.
• Governing Law. These Terms are governed exclusively by the laws of [INSERT NAME OF STATE], without regard to its conflict-of-law provisions. (Please remember to replace “[INSERT NAME OF STATE]” with the appropriate state law for your business.)
• Further Assurances. Both parties agree to take any additional actions that may be necessary to fully implement these Terms and will work together in good faith to address any unforeseen issues that may arise, with the goal of minimizing any significant adverse impact on either party.
• Entire Agreement. These Terms, together with any attached Travel Services Agreement, constitute the complete and final agreement between the Traveler and Travel and Voyages, and they supersede all prior agreements, whether written or oral, relating to the subject matter contained herein.

 

 

Travel and Voyages Service Agreement V1 2025