TRAVEL BY 83° WEST TRAVEL SERVICES CONTRACT
Thank you for choosing Travel by 83° West to assist you in your vacation planning saving you time and stress. Planning your vacation will involve a significant amount of my time. As a travel expert, I consider your lifestyle, travel goals, travel history, and your special requests when developing your custom itinerary. I research a number of hotels, tours, and flights to meet your specific needs and desires. I use trusted suppliers to offer you the best value for your hard-earned dollars and create a detailed final itinerary to ensure you a memorable and smooth vacation. Vacations arranged through Travel by 83° West offer peace of mind and high-quality service every step of the way.
These terms and conditions (“Terms and Conditions”) govern the relationship between TRAVEL BY 83° WEST (and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with TRAVEL BY 83° WEST, you agree to be bound by these terms and acknowledge that TRAVEL BY 83° WEST acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to TRAVEL BY 83° WEST.
This contract for Travel Booking Services is hereby effective and binding on the date it is signed by one of the parties traveling and/or responsible for payment. The following terms and conditions (the “Agreement”) describe your responsibilities and what to expect from us. The terms “we”, “us”, and “our” refer to TRAVEL BY 83° WEST and the terms “you”, “your”, “client”, “my” and “customer” refer to the individual who signs this agreement.
OUR RESPONSIBILITIES
TRAVEL BY 83° WEST offers retail travel services to customers that are provided by separate and independent vendors of travel services. TRAVEL BY 83° WEST does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that TRAVEL BY 83° WEST acts only as agent for the client in acquiring transportation, hotel accommodations, tours, sightseeing and other privileges or services for the clients’ benefit. TRAVEL BY 83° WEST shall never be held responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any accident, negligence, closing or default of any independent company or persona engaged in or responsible for carrying out any of the arrangements or otherwise in connection therewith. It is highly recommended that travelers purchase a travel protection plan.
OUR PROFESSIONAL SERVICES
TRAVEL BY 83° WEST agrees to provide services and/or professional recommendations as follows:
1. Pre-Planning Consultation:
CLIENT RESPONSIBILITIES
Client agrees to the following:
· Agrees to be attentive and responsive to adviser communications with the understanding that some information may be time sensitive, which may affect pricing.
· Agrees to make payments by the stated deadlines.
· Agrees to ensure that all necessary documents, including a valid passport and any required entry documents (such as visas or vaccinations), are in order for travel to your chosen destination. It is your responsibility to verify that your documents meet the entry requirements of the foreign country and are valid for the duration of your trip. ***Should you need assistance with the process, I can help guide you through the documentation requirements to make your travel experience as smooth as possible.
· Agrees to take responsibility for ensuring that any past criminal offenses, whether committed within your home country or abroad, do not affect your ability to enter or exit a foreign country. If you have a current or prior criminal offense, it is your responsibility to contact the relevant authorities or the embassy of the country you intend to visit for specific entry and exit requirements.
· Gives due diligence to relevant travel warnings.
· Provide TRAVEL BY 83° WEST a method of contacting traveler in the case of an emergency.
· Agrees to let TRAVEL BY 83° WEST know if any accommodation condition or services are unsatisfactory during this travel
· Agrees to encourage friends/family/colleagues/fellow travelers to make reservations exclusively through TRAVEL BY 83° WEST for group rates and added benefits.
TRAVEL BY 83° WEST TRAVEL PLANNING SERVICE FEES
Service Fee Structure:
· Initial Phone Consultation Fee: [$0.00]
· Land or Cruise Package Planning Fee: [$0.00]
· Group Planning Fee (8+travelers), per person: [$25]
· U.S. Domestic Air Only Ticketing Fee, per person: [$25]
· International Air Only Ticketing Fee, per person: [$50]
· Customized Itinerary Fee : [$100-500] In order to perform the professional services required to plan and arrange your travel, a deposit is required. A Plan to Go deposit is required on all tailor-made itineraries. The deposit is non-refundable and is considered a service fee for planning your trip.
Vacation planning involves much time. Work is based on years of personal experience and professional expertise. We research cruises, hotels and tours to meet your specific needs, contact suppliers, coordinate transportation, and draft itineraries. Your final itinerary and documents will give you as smooth a vacation as is possible. You can count on us to provide expert insight, save you valuable time & money and deliver a vacation tailor made to your needs.
· Disney Dining Reservation/Boutique Reservation/FastPass Planning and Management Fee, per MyDisneyExperience.com profile: [$100.00]
Fees are payable by debit, credit card or bank transfer via emailed Invoice Link. Debit and Credit cards incur a 3.5% + $0.30 fee. Bank Transfers incur a 1.5%. TRAVEL BY 83° WEST Fees are separate from the cost of your trip and may be split between multiple travelers.
1. USE OF TRAVEL BY 83° WEST SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with TRAVEL BY 83° WEST. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with TRAVEL BY 83° WEST and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by TRAVEL BY 83° WEST as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved.
TRAVEL BY 83° WEST is an Independent Contractor of World Via Network, California Seller of Travel 2073234-00, Florida ST36257, Washington 602864166. Registration as a seller of travel does not constitute approval by the State of California.
2. PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TRAVEL BY 83° WEST. By submitting a credit card authorization form to TRAVEL BY 83° WEST, you agree to allow TRAVEL BY 83° WEST to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TRAVEL BY 83° WEST OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF TRAVEL BY 83° WEST OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, TRAVEL BY 83° WEST RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to TRAVEL BY 83° WEST in writing. As a result of cancellation, third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
TRAVEL BY 83° WEST Cancellation Fees:
· 0-60 days of the initial deposit payment date: $50 per person + the supplier’s fee, if applicable
· 61-90 days of the initial deposit payment date: $100 per person + the supplier’s fee, if applicable
· 91 or more days after the initial deposit payment date: $150 per person + the supplier’s fee, if applicable
**Note: TRAVEL BY 83° WEST cancellation fees are separate from the supplier’s cancellation fees. Supplier policies regarding cancellation fees will be relayed in your trip proposal. Cancellation fees must be paid via our website in order for TRAVEL BY 83° WEST to move forward with cancellation of trip components.
Once purchased, air transaction prices will not increase, except for potential charges that result from government-imposed taxes or fees. You consent to pay for such changes and authorize TRAVEL BY 83° WEST to charge your credit card for such additional amount, albeit rare.
Suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets.
3. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT TRAVEL BY 83° WEST IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
TRAVEL BY 83° WEST strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. Client is responsible to make TRAVEL BY 83° WEST aware when traveling on a passport from a country other than the United States of America. TRAVEL BY 83° WEST neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, TRAVEL BY 83° WEST is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html.
5. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
6. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
7. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TRAVEL BY 83° WEST shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
8. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase through TRAVEL BY 83° WEST. If you purchase air travel through TRAVEL BY 83° WEST, you acknowledge and agree that TRAVEL BY 83° WEST does not have the right to control the operations of independent airlines, and agree that TRAVEL BY 83° WEST is not liable for any personal injury, property damage related to your purchase of air tickets or air travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay caused by any act, error or omission of the airline, including their failure to deliver services, partial or inadequate delivery of services, airline policies including refund or rebooking policies, fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.
You understand and agree that TRAVEL BY 83° WEST functions solely and exclusively as a booking agent for the air carrier, that we do not handle or hold client funds for airline tickets, and that we are not the Merchant of Record under the meaning of that term under the Department of Transportation’s regulations. Because TRAVEL BY 83° WEST does not hold or handle client funds, you understand and agree that any refund for cancelled or delayed flights, baggage fees or seat assignments must come directly from the airline and not from TRAVEL BY 83° WEST.
TRAVEL BY 83° WEST shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). TRAVEL BY 83° WEST has no liability if accrual of miles or points is denied or if upgrades are not allowed. Many airlines do not permit upgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyalty status or certificates.
Seat assignments are not guaranteed even after they are assigned, and TRAVEL BY 83° WEST has no control over airline seat assignments. Most airlines charge a fee to pre-book a seat.
9. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to TRAVEL BY 83° WEST.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and TRAVEL BY 83° WEST bears no responsibility for any changes.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
TRAVEL BY 83° WEST acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of TRAVEL BY 83° WEST. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE TRAVEL BY 83° WEST ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT TRAVEL BY 83° WEST IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TRAVEL BY 83° WEST HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH TRAVEL BY 83° WEST, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF TRAVEL BY 83° WEST CONTROL, AND YOU HEREBY EXONERATE TRAVEL BY 83° WEST FROM ANY LIABILITY WITH RESPECT TO THE SAME.
TRAVEL BY 83° WEST HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TRAVEL BY 83° WEST WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY TRAVEL BY 83° WEST.
12. RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. TRAVEL BY 83° WEST urges Clients to remain informed on a daily basis as to current news events, 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 health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, TRAVEL BY 83° WEST DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once TRAVEL BY 83° WEST has investigated the prevailing situation, TRAVEL BY 83° WEST shall have the sole and absolute discretion whether to proceed with any TRAVEL BY 83° WEST escorted trip or private departure, or to make alterations to the itinerary.
13. FORCE MAJEURE
TRAVEL BY 83° WEST will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of TRAVEL BY 83° WEST. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of TRAVEL BY 83° WEST Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although TRAVEL BY 83° WEST shall use its reasonable efforts to secure reimbursement for you where possible.
14. CLIENT CONDUCT
Each participant in any trip escorted by TRAVEL BY 83° WEST is expected to act responsibly and adhere to all behavior guidelines established by TRAVEL BY 83° WEST and our Suppliers. TRAVEL BY 83° WEST and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with TRAVEL BY 83° WEST, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold TRAVEL BY 83° WEST or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
15. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. TRAVEL BY 83° WEST is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
16. TRAVEL INSURANCE
TRAVEL BY 83° WEST OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and TRAVEL BY 83° WEST and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by TRAVEL BY 83° WEST, however if you decline to purchase insurance, TRAVEL BY 83° WEST will require that you execute an insurance waiver. TRAVEL BY 83° WEST is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. TRAVEL BY 83° WEST CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
17. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
18. GENERAL
The laws of the State of Michigan govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Wayne County, Michigan in all disputes arising out of or relating to travel bookings with TRAVEL BY 83° WEST.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and TRAVEL BY 83° WEST with respect to travel bookings made with TRAVEL BY 83° WEST by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and TRAVEL BY 83° WEST with respect to communications with TRAVEL BY 83° WEST. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Thank you for choosing Travel by 83° West to assist you in your vacation planning saving you time and stress. Planning your vacation will involve a significant amount of my time. As a travel expert, I consider your lifestyle, travel goals, travel history, and your special requests when developing your custom itinerary. I research a number of hotels, tours, and flights to meet your specific needs and desires. I use trusted suppliers to offer you the best value for your hard-earned dollars and create a detailed final itinerary to ensure you a memorable and smooth vacation. Vacations arranged through Travel by 83° West offer peace of mind and high-quality service every step of the way.
These terms and conditions (“Terms and Conditions”) govern the relationship between TRAVEL BY 83° WEST (and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with TRAVEL BY 83° WEST, you agree to be bound by these terms and acknowledge that TRAVEL BY 83° WEST acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to TRAVEL BY 83° WEST.
This contract for Travel Booking Services is hereby effective and binding on the date it is signed by one of the parties traveling and/or responsible for payment. The following terms and conditions (the “Agreement”) describe your responsibilities and what to expect from us. The terms “we”, “us”, and “our” refer to TRAVEL BY 83° WEST and the terms “you”, “your”, “client”, “my” and “customer” refer to the individual who signs this agreement.
OUR RESPONSIBILITIES
TRAVEL BY 83° WEST offers retail travel services to customers that are provided by separate and independent vendors of travel services. TRAVEL BY 83° WEST does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that TRAVEL BY 83° WEST acts only as agent for the client in acquiring transportation, hotel accommodations, tours, sightseeing and other privileges or services for the clients’ benefit. TRAVEL BY 83° WEST shall never be held responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any accident, negligence, closing or default of any independent company or persona engaged in or responsible for carrying out any of the arrangements or otherwise in connection therewith. It is highly recommended that travelers purchase a travel protection plan.
OUR PROFESSIONAL SERVICES
TRAVEL BY 83° WEST agrees to provide services and/or professional recommendations as follows:
1. Pre-Planning Consultation:
- We actively listen to your needs and desires around your lifestyle, travel goals, travel history, budget, travelers and destination interests to incorporate into proposed itineraries.
- Once contracted for trip development, we provide support in case of any issues that may occur before, during and/or after travel.
- We will research a number of flights, hotels, tours, cruises, excursions, and/or workshops, etc., to meet your unique needs and desires.
- We provide consultation to the client and their fellow travelers during the planning stage and respond to all queries in a timely manner.
- We will utilize trusted suppliers to offer you the best value and service for your hard-earned money.
- We will facilitate the booking of travel (airfare, hotel/resort, cruise, tour, ground transportation, excursions, etc., or any desired combination) and its related services.
- We handle all files the event of any supplier or arrival changes.
- We manage all travel portfolio details such as deposits, payments, invoicing, and room allocation details.
- We will create a detailed final itinerary to ensure you peace of mind with a smooth and memorable vacation.
- We will provide all required travel documents no later than 10 days prior to departure, provided travel has already been paid in full.
- We will handle any desired changes with booked suppliers and add-ons with new suppliers.
- We will always follow up to hear more about your experience with us and our suppliers. We will request a review for use on our website and social media pages.
CLIENT RESPONSIBILITIES
Client agrees to the following:
· Agrees to be attentive and responsive to adviser communications with the understanding that some information may be time sensitive, which may affect pricing.
· Agrees to make payments by the stated deadlines.
· Agrees to ensure that all necessary documents, including a valid passport and any required entry documents (such as visas or vaccinations), are in order for travel to your chosen destination. It is your responsibility to verify that your documents meet the entry requirements of the foreign country and are valid for the duration of your trip. ***Should you need assistance with the process, I can help guide you through the documentation requirements to make your travel experience as smooth as possible.
· Agrees to take responsibility for ensuring that any past criminal offenses, whether committed within your home country or abroad, do not affect your ability to enter or exit a foreign country. If you have a current or prior criminal offense, it is your responsibility to contact the relevant authorities or the embassy of the country you intend to visit for specific entry and exit requirements.
· Gives due diligence to relevant travel warnings.
· Provide TRAVEL BY 83° WEST a method of contacting traveler in the case of an emergency.
· Agrees to let TRAVEL BY 83° WEST know if any accommodation condition or services are unsatisfactory during this travel
· Agrees to encourage friends/family/colleagues/fellow travelers to make reservations exclusively through TRAVEL BY 83° WEST for group rates and added benefits.
TRAVEL BY 83° WEST TRAVEL PLANNING SERVICE FEES
Service Fee Structure:
· Initial Phone Consultation Fee: [$0.00]
· Land or Cruise Package Planning Fee: [$0.00]
· Group Planning Fee (8+travelers), per person: [$25]
· U.S. Domestic Air Only Ticketing Fee, per person: [$25]
· International Air Only Ticketing Fee, per person: [$50]
· Customized Itinerary Fee : [$100-500] In order to perform the professional services required to plan and arrange your travel, a deposit is required. A Plan to Go deposit is required on all tailor-made itineraries. The deposit is non-refundable and is considered a service fee for planning your trip.
Vacation planning involves much time. Work is based on years of personal experience and professional expertise. We research cruises, hotels and tours to meet your specific needs, contact suppliers, coordinate transportation, and draft itineraries. Your final itinerary and documents will give you as smooth a vacation as is possible. You can count on us to provide expert insight, save you valuable time & money and deliver a vacation tailor made to your needs.
· Disney Dining Reservation/Boutique Reservation/FastPass Planning and Management Fee, per MyDisneyExperience.com profile: [$100.00]
Fees are payable by debit, credit card or bank transfer via emailed Invoice Link. Debit and Credit cards incur a 3.5% + $0.30 fee. Bank Transfers incur a 1.5%. TRAVEL BY 83° WEST Fees are separate from the cost of your trip and may be split between multiple travelers.
1. USE OF TRAVEL BY 83° WEST SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with TRAVEL BY 83° WEST. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with TRAVEL BY 83° WEST and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by TRAVEL BY 83° WEST as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved.
TRAVEL BY 83° WEST is an Independent Contractor of World Via Network, California Seller of Travel 2073234-00, Florida ST36257, Washington 602864166. Registration as a seller of travel does not constitute approval by the State of California.
2. PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TRAVEL BY 83° WEST. By submitting a credit card authorization form to TRAVEL BY 83° WEST, you agree to allow TRAVEL BY 83° WEST to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TRAVEL BY 83° WEST OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF TRAVEL BY 83° WEST OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, TRAVEL BY 83° WEST RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to TRAVEL BY 83° WEST in writing. As a result of cancellation, third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
TRAVEL BY 83° WEST Cancellation Fees:
· 0-60 days of the initial deposit payment date: $50 per person + the supplier’s fee, if applicable
· 61-90 days of the initial deposit payment date: $100 per person + the supplier’s fee, if applicable
· 91 or more days after the initial deposit payment date: $150 per person + the supplier’s fee, if applicable
**Note: TRAVEL BY 83° WEST cancellation fees are separate from the supplier’s cancellation fees. Supplier policies regarding cancellation fees will be relayed in your trip proposal. Cancellation fees must be paid via our website in order for TRAVEL BY 83° WEST to move forward with cancellation of trip components.
Once purchased, air transaction prices will not increase, except for potential charges that result from government-imposed taxes or fees. You consent to pay for such changes and authorize TRAVEL BY 83° WEST to charge your credit card for such additional amount, albeit rare.
Suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets.
3. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT TRAVEL BY 83° WEST IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
TRAVEL BY 83° WEST strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. Client is responsible to make TRAVEL BY 83° WEST aware when traveling on a passport from a country other than the United States of America. TRAVEL BY 83° WEST neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, TRAVEL BY 83° WEST is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html.
5. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
6. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
7. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TRAVEL BY 83° WEST shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
8. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase through TRAVEL BY 83° WEST. If you purchase air travel through TRAVEL BY 83° WEST, you acknowledge and agree that TRAVEL BY 83° WEST does not have the right to control the operations of independent airlines, and agree that TRAVEL BY 83° WEST is not liable for any personal injury, property damage related to your purchase of air tickets or air travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay caused by any act, error or omission of the airline, including their failure to deliver services, partial or inadequate delivery of services, airline policies including refund or rebooking policies, fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.
You understand and agree that TRAVEL BY 83° WEST functions solely and exclusively as a booking agent for the air carrier, that we do not handle or hold client funds for airline tickets, and that we are not the Merchant of Record under the meaning of that term under the Department of Transportation’s regulations. Because TRAVEL BY 83° WEST does not hold or handle client funds, you understand and agree that any refund for cancelled or delayed flights, baggage fees or seat assignments must come directly from the airline and not from TRAVEL BY 83° WEST.
TRAVEL BY 83° WEST shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). TRAVEL BY 83° WEST has no liability if accrual of miles or points is denied or if upgrades are not allowed. Many airlines do not permit upgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyalty status or certificates.
Seat assignments are not guaranteed even after they are assigned, and TRAVEL BY 83° WEST has no control over airline seat assignments. Most airlines charge a fee to pre-book a seat.
9. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to TRAVEL BY 83° WEST.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and TRAVEL BY 83° WEST bears no responsibility for any changes.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
TRAVEL BY 83° WEST acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of TRAVEL BY 83° WEST. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE TRAVEL BY 83° WEST ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT TRAVEL BY 83° WEST IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TRAVEL BY 83° WEST HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH TRAVEL BY 83° WEST, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF TRAVEL BY 83° WEST CONTROL, AND YOU HEREBY EXONERATE TRAVEL BY 83° WEST FROM ANY LIABILITY WITH RESPECT TO THE SAME.
TRAVEL BY 83° WEST HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TRAVEL BY 83° WEST WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY TRAVEL BY 83° WEST.
12. RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. TRAVEL BY 83° WEST urges Clients to remain informed on a daily basis as to current news events, 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 health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, TRAVEL BY 83° WEST DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once TRAVEL BY 83° WEST has investigated the prevailing situation, TRAVEL BY 83° WEST shall have the sole and absolute discretion whether to proceed with any TRAVEL BY 83° WEST escorted trip or private departure, or to make alterations to the itinerary.
13. FORCE MAJEURE
TRAVEL BY 83° WEST will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of TRAVEL BY 83° WEST. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of TRAVEL BY 83° WEST Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although TRAVEL BY 83° WEST shall use its reasonable efforts to secure reimbursement for you where possible.
14. CLIENT CONDUCT
Each participant in any trip escorted by TRAVEL BY 83° WEST is expected to act responsibly and adhere to all behavior guidelines established by TRAVEL BY 83° WEST and our Suppliers. TRAVEL BY 83° WEST and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with TRAVEL BY 83° WEST, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold TRAVEL BY 83° WEST or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
15. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. TRAVEL BY 83° WEST is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
16. TRAVEL INSURANCE
TRAVEL BY 83° WEST OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and TRAVEL BY 83° WEST and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by TRAVEL BY 83° WEST, however if you decline to purchase insurance, TRAVEL BY 83° WEST will require that you execute an insurance waiver. TRAVEL BY 83° WEST is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. TRAVEL BY 83° WEST CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
17. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
18. GENERAL
The laws of the State of Michigan govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Wayne County, Michigan in all disputes arising out of or relating to travel bookings with TRAVEL BY 83° WEST.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and TRAVEL BY 83° WEST with respect to travel bookings made with TRAVEL BY 83° WEST by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and TRAVEL BY 83° WEST with respect to communications with TRAVEL BY 83° WEST. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
