Merge into your Next Adventure - Join the Journey!
These Group Terms and Conditions (“Terms”) are between Merge Travel LLC
(“Agency,” “our,” “us,” or “we”) and you (“you,” “your,” “yourself,” “Traveler,” or “Lead Traveler”) (including all Travelers on the same Booking who share the same household) each a “Party” and together the “Parties.”
These Terms become effective upon: (1) your electronic or written signature; or (2) your delivery of payment authorization to us. The Terms will terminate upon completion of your Trip or until terminated earlier in writing by you or us.
“Bookings” means travel reservation and booking services regarding your Group Travel Services.
“Group” means  or more Travelers participating in the Trip.
“Lead Traveler” means you, acting on behalf of all Travelers on the same Booking who share the same household.
“Supplier” means any party who provides Travel Services to Travelers.
“Terms” means these Group Terms and Conditions.
“Traveler” means you and all other travelers on the same Booking who share the same household.
“Travel Services” means travel products and services provided by Suppliers to Travelers, including without limitation air, land, or water transportation, lodging, auto rentals, tours, excursions, entertainment, food and drink services, and similar products and services.
“Trip” means the composite of all Travel Services for your Group, for which Agency makes Bookings.
“Trip Plan” means the documentation we provide to you with details and pricing regarding your Trip.
· Agency is a travel agent who provides Bookings (not Travel Services) to you.
· We reserve the right at any time to correct errors or omissions regarding pricing or any other matters regarding your Bookings.
· You are the Lead Traveler—you represent all Travelers on the same Booking who share the same household with you.
· By your signature or payment authorization:
o You agree to these Terms, including without limitation all cancellation policies, on behalf of yourself and each Traveler on the same Booking who share the same household with you.
o You confirm that you have:
§ Shared these Terms with all Travelers; and
§ Obtained written confirmation that each Traveler (age 18 and older) has agreed to these Terms, which confirmations you will promptly deliver to Agency.
· You are responsible for contacting and planning with us sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases.
· You will:
o Carefully read and understand these Terms, the Trip Plan, and all correspondence between you and us regarding your Trip;
o Confirm your written acceptance, in your sole discretion, of the Trip Plan;
o Fully comply with your obligations as set out in these Terms;
o Make all deposits and payments per the schedules and dates set out in the Trip Plan; and
o Review and remain aware and updated regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites set out in these Terms.
If you do not understand any part of these Terms, please contact us in writing to request clarification.
· Suppliers are independent of Agency, managed separately, who provide Travel Services to you.
· Suppliers are not subject to Agency’s control—they are not employees, agents, representatives, or affiliates of Agency.
· Agency is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or willful or negligent acts, errors, or omissions, which may result in delays, inconvenience, damage, loss, costs, injury, or death to Travelers or Travelers’ companions.
· Suppliers operate under their own terms, conditions, which are separate from these Terms.
· All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier.
· Your travel documentation will identify, to the extent possible when issued, each Supplier responsible for providing your Travel Services.
· Agency’s arrangements with some Suppliers may be supplemented, changed, or finalized after your travel documentation is delivered.
· Suppliers may for any reason, without notice, and without limitation: (1) deviate from direct, customary, or scheduled routes or itineraries; or (2) delay, cancel, mandate overnight stays, contribute to missed connections, or contribute to other travel disruptions—for which Agency has no control, responsibility, or liability.
· By paying for Travel Services, you consent to the use of those Suppliers.
· Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with the terms imposed by any Supplier with which you elect to deal, including without limitation: (1) payment of all amounts when due; and (2) rules and restrictions regarding the availability and use of Travel Services.
· You understand that any violation of Suppliers’ terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such violation results in costs to Agency, you agree to promptly reimburse Agency for all such costs.
· Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.
· If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide refunds.
· Following bankruptcy, Suppliers may continue to provide all or some Travel Services, or they may stop operations. In such case, other Suppliers may, but are not required to, provide alternative travel services to you.
· Agency is not permitted to provide refunds to you for Suppliers who have declared bankruptcy.
· Agency has no special knowledge about the financial condition of any Supplier.
· Agency has no liability for recommending a trip credit or a refund.
· All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice.
· Agency may arrange Travel Services before Agency has finalized arrangements with each Supplier.
· In such case, Agency may ask Travelers to pay deposits before Supplier terms are finalized.
· You may decline to pay deposits prior to such finalization, in which case you may forego the opportunity to secure a place within a Group before a Trip becomes fully booked.
· By paying a deposit prior to Agency’s finalization of Supplier arrangements, you consent to subsequently finalized Suppliers and Supplier terms with full knowledge of the inherent unknowns.
· Agency will provide to you all Supplier terms relevant to you upon finalization of Suppliers.
· We strongly recommend that you purchase comprehensive travel insurance to cover each Traveler.
· If you decline to purchase travel insurance that includes coverage for emergency and medical needs while traveling and coverage for travel delays, you assume all personal risk and financial loss if you cancel your travel or you incur costs or losses during the course of travel.
· You understand that fear of pandemics or epidemics is not covered under some travel insurance policies. Some insurance policies may entirely exclude coverage for pandemics and epidemics.
· Insurance claims will only be paid for matters covered, as stated in the insurance policy.
· You hold Agency harmless: (1) if you elect to not purchase travel insurance; and (2) for denial of any claim by any insurance provider for any reason.
· This clause will survive termination of these Terms.
RATES & INCLUSIONS
· Quoted rates are based on the precise inclusions we provide to you in the Trip Plan.
· Unless specifically itemized on your Trip Plan, rates do not include other travel costs, fees, or taxes without limitation including:
o Airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or
o Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other charges of a personal nature.
· In case of human or other error, we reserve the right to re-invoice you for the correct rate or service.
· Until full payment of deposits for Travel Services, rates and availability are subject to change without prior notice, as rates, classes, and capacity for Travel Services continually fluctuate.
· Following full payment of deposits for Travel Services, Suppliers: (1) may be supplemented or changed; and (2) may impose additional fees for variable matters, including without limitation fuel surcharges, in accordance with Supplier terms.
· You consent to Agency and Supplier use of your personal information.
· You understand that, as part of Booking any Travel Services, certain personal information may be conveyed to third parties to accommodate your travel.
· Such information includes without limitation birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.
· Agency has no liability regarding the distribution of your information to any Supplier or any Supplier’s failure to protect your personal information.
· You authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.
RESERVATIONS & PAYMENT
· You authorize Agency to charge your credit card, debit card, or other means of payment for all charges associated with your Bookings.
· Traveler payments to Agency in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.
· Agency payments to Suppliers will be converted at then-current exchange rates between USD and the currency in Supplier’s country.
· All Supplier prices are subject to change, including changes based on currency exchange-rate fluctuations.
· Agency has no responsibility for Supplier price changes, currency fluctuations, or surcharges or fees relating to foreign-currency transactions.
· A purchase of Travel Services is not complete until all deposits and other amounts due have been paid and processed and you receive a written Booking confirmation.
· If you do not make payments by their due date, Suppliers may cancel your Bookings in whole or part, which may result in deposits or previous payments becoming NON-REFUNDABLE.
· You are responsible for Supplier price increases, fees, or penalties incurred as a result of your late payment—Agency has no responsibility for any such price increase, fee, or penalty.
· Agency reserves the right to cancel your Bookings in whole or part if Agency does not receive full payment for such Bookings within a reasonable time, in Agency’s sole discretion.
· If re-Booking is requested, Agency will assist with obtaining any refunds due to re-Booking trips (e.g., using future cruise credits), but Agency may, in its sole discretion, charge a NON-REFUNDABLE FEE for such Bookings.
· Subject to Supplier terms, some deposits or portions of deposits may be NON-REFUNDABLE.
· Subject to Agency terms, all deposits (or portions of deposits) will be NON-REFUNDABLE
CHANGES & CANCELLATIONS
· You agree to comply with the terms and conditions of Suppliers regarding your Travel Services, and changes thereto, and you agree to pay any applicable change or cancellation fees.
· NO REFUNDS will apply to any cancelled, unused, or partially used Travel Service.
· Hotels may not permit changes to or cancellation of reservations, subject to the terms and conditions of the hotel reservation.
· We reserve the right to modify or cancel any Booking or Trip at any time if Supplier minimum occupancy requirements are not met.
· If we modify or cancel any Booking or Trip, we will provide you reasonable notice and the reasons for such change. In such a case, you will notify all other Travelers.
· Failure to travel or show up for any reservation or booking is considered a “no show.”
· No show penalties will equal amounts up to the entire cost of travel, subject to terms and conditions of Supplier and Agency policies.
REFUNDS, CHARGEBACKS, AND ADJUSTMENTS
· You will deliver to Agency in writing any claim for refund or adjustment.
· Full details and proof of payment documentation must accompany all claims.
· You may not be entitled to a refund if you change or cancel your travel plans after: (1) a confirmation of a Booking; or (2) payment for a Booking.
· Refunds are subject to Supplier terms and conditions, which you should carefully review.
· Suppliers may not issue refunds for cancellation due to actual, threatened, or fear of potential terrorist events, political unrest, pandemic or health concerns, or similar circumstances.
· You will not initiate, and you waive any right to, a chargeback for any reason, including without limitation any force majeure event, except in the case of fraud.
· Before initiating a chargeback relating to any Booking, you will first attempt to resolve any fee dispute directly with us.
· If you attempt a chargeback, reverse charge, or refund of any payment already made without our prior written authorization, we reserve the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including without limitation attorney’s fees and legal costs.
· This clause will survive termination of these Terms.
· Hotel accommodation is subject to availability at the time of reservation.
· Some hotels require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a Booking.
· In such cases, Agency will notify you regarding the NON-REFUNDABLEpre-payment for that portion of your travel.
· Amenities such as air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, and similar preferences are not guaranteed at all properties.
· If a property has air conditioning, elevators, restaurants, bars, fitness facilities, pools, spas, or other such amenities, they are not guaranteed to be operational or available during your stay.
· Refunds regarding amenities is solely the responsibility of the hotel.
· We may elect to act as an intermediary in any dispute between you and a hotel, but we are not responsible for refunds.
· Most airlines consider a name-change to be a cancellation.
· You are responsible for all baggage fees.
· You are responsible for confirming airline baggage allowances for all flights.
· International flights may have different requirements than domestic flights.
· Suppliers may require tickets to be paid in full at the time of Booking.
· Airline tickets, once purchased, may be NON-REFUNDABLEand NON-EXCHANGEABLE, subject to Supplier terms and conditions.
· Agency is not responsible for any loss, injury, accident, error, or omission that may occur, including without limitation schedule changes, additional expenses, delays, and cancellations due to weather conditions, equipment failure or repair, or other matters beyond Agency’s control.
· You agree to comply with safety guidelines of all airlines and hold Agency harmless from any liability due to airline restrictions.
· Airline pre-arranged seat assignments, baggage, carry-ons, meals, drinks, and other services may be subject to additional fees.
· Agency cannot guarantee seats in specific locations or next to each other. Seat assignments are strictly based on availability at the time seats are being selected and paid for.
· Airlines retain the right to change aircraft and seat assignments at any time.
· Agency is not responsible for any changes made by airlines or any additional charges imposed by airlines for any changes to seat assignments after selection and payment.
· You are responsible for any damage or loss caused by any Traveler acts, errors, or omissions.
· You are responsible for full payment for any such damage or loss directly to Supplier or any provider of any Travel Services or goods or services relating thereto.
· You indemnify Agency for all amounts of any claim made against Agency, including without limitation attorney’s fees and other legal costs, relating to Traveler acts, errors, or omissions.
· Agency is not responsible for any costs relating to Traveler conduct, Traveler removal from any Travel Services, in whole or part, based on Traveler’s negligence, willful misconduct, or otherwise.
· You agree not to hold Agency, its owners, directors, members, employees, agents, or representatives accountable for any claims arising from Traveler acts, errors, or omissions.
· Any Authorized Party (defined below) may, in its sole discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes:
o You are a danger to yourself or any other participant;
o You have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party; or
o You do not follow any rule, procedure, or instruction of an Authorized Party.
· If you are subject to any determination of an Authorized Party described above:
o You may be left at any location, city, port, or place any mode of transport stops;
o You will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation;
o You will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and
o No Authorized Party will have any direct or indirect liability of any kind relating to Traveler’s acts, errors, or omissions.
· “Authorized Party” means any Supplier, its owners, directors, employees, agents, representatives, or sub-suppliers of Travel Services or goods or services related thereto, including without limitation any ship operator, ship captain, tour operator, tour director, group leader, or crew member.
DISABILITIES & SPECIAL NEEDS
· If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Agency in advance of Booking.
· If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges.
· Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate.
· If you travel with a service animal or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
· Countries outside the United States and Canada often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs.
· Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs.
· Please consult your health provider prior to planning or Booking your travel.
· Agency will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs.
· However, Agency is not responsible for the failure of Suppliers to meet Traveler needs and expectations.
· If you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Agency in advance of Booking.
· If any Traveler has Food Allergies, each such Traveler:
o Acknowledges the possibility of an elevated risk of reactions, delays, or disruption regarding your travel; and
o Has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to, during, and following your travel.
· You will not pursue credit card chargebacks relating to Food Allergies.
· If you engage in any activity that may involve any risk of harm to your own or another person’s health or well-being, damage to property, or costs relating to such activity (collectively, “Risk Activity”), you are solely responsible for your decision to engage in, and your involvement with, such Risk Activity.
· You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity.
· You will not pursue any claim against Agency relating to any Risk Activity.
· You release Agency from all liabilities relating to any Risk Activity.
· Risk Activity includes without limitation any activity, or travel to any location, which can reasonably be regarded as inherently dangerous, hazardous, or otherwise having the potential to result in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death of any person.
ILLNESS & INJURY
· If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required.
· In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements.
· You will not cause a delay or interruption regarding any Trip or otherwise burden the other travelers in your Group.
· You release Agency, Suppliers, and other travelers in your Group from any liability relating to your illness, injury, missed flights or connections, travel delays, or unused Bookings.
BAGGAGE & PERSONAL ITEMS
· You are solely responsible at all times for your baggage and personal items, including items acquired during your travel.
· Agency is not responsible for any damage, loss, delays, or other matters relating to such baggage and personal items.
TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP
· The Transportation Security Administration (TSA) requires all airline passengers to provide:
o Secure Flight Passenger Data (SFPD);
o Full name as it appears on government-issued identification;
o Date of birth;
o Gender; and
o Redress number (if available).
· The name of Travelers on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.
· Traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect or non-matching information.
· Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. Agency highly recommends that Travelers check this website well before travel.
· All U.S. citizens traveling to or from any international destination must have a valid passport, which must be valid for at least six months beyond Traveler’s date of return.
· Travelers are responsible to confirm and obtain in advance travel documentation required by any Supplier, including without limitation requirements based on Traveler status, country of origin, destination country, and stops in any other countries.
· Travelers are responsible to confirm and comply with up-to-date entry and exit requirements of any jurisdiction relating to Travel Services.
· Minor Travelers (age 17 and under) traveling without an adult, with a single parent, or with a non-parent adult may be required to have additional documentation, as required by domestic or international airline Suppliers.
· NO REFUND will be issued for any costs or losses incurred as a result of Traveler’s failure to obtain or provide travel documentation required by any Supplier.
PASSPORTS, VISAS, AND DRIVER’S LICENSES
· You are responsible to be familiar with the laws and rules governing any travel to any country.
· You are responsible to determine the documents needed, to acquire such documentation, and to ensure your passport is up to date and valid to enter or exit any country.
· Agency is not responsible for your failure to hold visas or other required documentation to enter or exit any country.
· Agency is not responsible for determining the validity of your passport or any other travel document to enter or exit any country.
· Countries may restrict entry for persons with criminal records.
· You are responsible for understanding all destination entry laws and for knowing if you or anyone in your party has a criminal record.
· Agency does not inquire into Traveler criminal records in the interests of privacy.
· Refusal of entry will not be a justification for cancellation of Travel Services, chargeback, or refund.
PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES
· You are solely responsible for being aware of any restrictions relating to pandemics, epidemics, and other travel advisories.
· You warrant that you have reviewed and understand all U.S. Center for Disease Control (CDC) and U.S. Department of State travel advisories, notices, warnings, restrictions, and rules, including those regarding pandemics, epidemics, COVID-19, and other health threats.
· You are aware that certain countries, including the United States, may require testing and quarantine upon entering the country, as well as testing and quarantine upon returning to the United States or your country of residence.
· You understand destination countries may have limited availability of tests required for return to the United States.
· Screening procedures and restrictions may take place at airports and in public areas.
· Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.
· You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter or exit your destination as planned.
· Travelers, including U.S. Citizens, agree to refer to current CDC guidelines, country-specific guidelines, and Supplier requirements regarding health and medical testing and documentation requirements.
· If you fail to comply with current regulations or provide any required testing results or documentation, you may be denied boarding, entry, or return to the United States or your country of residence.
· You are responsible for continually checking the latest CDC and State Department travel advisories, which can be navigated via the following links:
o U.S. Center for Disease Control Information
o U.S. Department of State Information
· CDC and other governmental notices and policies may change before your travel, during your travel, and after you return from travel.
· Neither Agency nor Suppliers are responsible for Traveler testing or documentation.
· You understand the inherent risks of choosing to travel.
· You accept the risks set out above and hold Agency harmless against any travel restrictions, death, illness, cancellations by Suppliers, financial loss, quarantining rules, or measures put in place at airports or destinations you travel through.
· You hold Agency harmless for any financial penalties or fees imposed by Suppliers for cancellations or postponements relating to COVID-19, pandemics, epidemics, natural disasters, accidents, or disturbances, or any similar events.
· You agree not to pursue any credit card charge-back, refund, or legal action against Agency regarding such penalties or fees.
RESTRICTED PRODUCTS & MATERIALS
· You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding restricted products and other materials, including without limitation laws regarding 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 restricted or illegal products or materials.
· You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding illegal drugs, substances, and paraphernalia, including prescription or over-the-counter products that may be restricted in some jurisdictions but unrestricted in others (“Drugs”).
o Local laws may require you to carry medical prescriptions from a qualified physician.
o Any possession or use of Drugs may result in immediate termination of Travel Services, as well as prosecution by agents or officers of any government authority.
· All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft in their baggage or on their person.
· Violations can result in up to 10 years of imprisonment and significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/content/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII-chap51-sec5124.pdf).
· Examples include without limitation explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals.
· Special exceptions apply for small quantities (up to 70 ounces total) of medical and toilet articles carried in your baggage and certain smoking materials on your person.
· Restrictions on hazardous materials are listed at:
· Some foreign airports require airlines to treat passenger cabins with insecticides prior to or during flights. The U.S. Department of Transportation (DOT) provides a list of such requirements at:
· You are responsible for understanding and complying with all requirements regarding hazardous materials and insecticides.
· Please contact your airline or other travel supplier regarding your itinerary and applicable rules.
LIMITATION OF LIABILITY
· Agency acts as an agent of Suppliers.
· Agency has no control over the acts, errors, or omissions of any Supplier, Traveler, or third party.
· You agree, therefore, that we have no liability for any direct, indirect, incidental, consequential, special, punitive, or special damages, whether based on contract, tort, strict liability, or otherwise, including without limitation any liability for property damage, personal harm, physical injury, or death arising from any act, error, or omission, negligent or otherwise, of:
o Any Supplier, its owners, directors, employees, contractors, agents, or representatives regarding the delivery or failure to deliver Travel Services in whole or part, cancellations, bankruptcy or cessation of operations, or any other matters relating to Travel Services; or
o Any Traveler; or
o Any third party.
· You exonerate Agency from all liability as set out above.
· If, despite such exoneration, you are awarded damages against Agency in law or equity, such damages will be limited to the total amount of commissions or fees we receive for Bookings under these Terms.
· Agency’s sole obligations and liabilities are as stated in these terms. All other representations and warranties—express or implied, by statute, law, or otherwise—are excluded.
· This clause will survive termination of these Terms.
· You, on behalf of yourself and all Travelers (each an “Indemnifying Party“), agree to indemnify and hold harmless Agency, its owners, directors, members, officers, employees, contractors, agents, advisors, and affiliates from all claims, damages, losses, and costs of any nature, including without limitation attorney’s fees and legal costs, arising from: (1) any breach of these Terms by an Indemnifying Party; (2) the negligence or willful misconduct of an Indemnifying Party; and (3) any act, error, or omission of an Indemnifying Party. This clause will survive termination of these Terms.
· No failure or delay in the performance of any obligation under these Terms will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of Agency.
· Force majeure includes without limitation acts of God, floods, weather conditions, fires, explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, or civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays or other events.
· Agency is not liable to you and will not provide any refunds caused by delay or non-performance under these Terms if such delay is due to any force majeure.
· If any Suppliers are affected by any force majeure, they may, in their sole discretion, vary or cancel any itinerary or arrangement in relation to your travel without notice.
· If an accident occurs and you seek assistance from us, you will be responsible (financially and otherwise) for all alternative travel arrangements.
· These Terms are governed exclusively by the laws of Pennsylvania without regard to conflict-of-law provisions.
· Amendments. These Terms may be amended only in writing by Agency.
· Assignment. You may not assign any right or obligation under these Terms without Agency’s prior written consent, which will not be unreasonably withheld or delayed.
· Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or Agency. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
· Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.
· Relationship of Parties. These Terms do not create an agent relationship, legal-entity partnership, joint venture, or employment relationship between or among the Parties. You have no authority to bind Agency or incur any obligation on Agency’s behalf.
· Notices. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided for purposes of notice.
· Counterparts. These Terms may be signed or accepted electronically in more than one counterpart; each will be an original. Counterparts together constitute a single instrument.
· Conflicts. If any conflict arises between Supplier terms and these Terms or a Trip Plan, the Supplier terms will control. If any conflict arises between these Terms and a Trip Plan, the latter will control.
· Text & Headings. The Parties acknowledge all text in these Terms is conspicuous. Headings are for convenience and the Parties do not intend them to be used to interpret these Terms.
· Termination. Upon termination of these Terms, each Party’s rights and obligations will cease immediately, but termination will not affect: (1) either Party’s rights and obligations accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to survive termination or by a reasonable reading of its context will survive its termination.
· Further Assurances. The Parties will perform any additional acts as necessary to effect these Terms and will address together in good faith any unforeseen issues that arise under these Terms with a view to mitigating any material adverse impact on either Party.
· Entire Agreement. These Terms represent the entire agreement and supersede all prior agreements between the Parties, written or oral, express or implied, regarding its subject matter.
· This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund.
STATE OF WASHINGTON REQUIREMENTS
· If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
SELLER OF TRAVEL CREDENTIALS
· WA UBI # 605 3280 039
© 2023 Travel Industry Solutions (revised 13-Oct-2023)