Travel Service Agreement
These Terms and Conditions (“Terms”) are entered into by and between Cruises Made Simple (“Agency,” “our,” “us,” or “we”) and you (“you,” “your,” or “Traveler”) (each a “Party” and together, the “Parties”). By engaging our services, you (“Traveler”) agree to be bound by the following Terms:
Effective Date: This Agreement becomes effective upon the earlier of (a) your written, digital, or electronic signature or (b) your submission to Agency of any payment or payment authorization for Travel Services.
Renewal: This Agreement will be renewed each time you submit to Agency any payment or payment authorization for Travel Services.
Termination: This Agreement will terminate upon the earlier of (a) completion of your Trip or (b) either Party’s written notice of termination to the other Party.
Amendments: These Terms are subject to change at any time without prior notice. The effective version of these Terms is located at https://cruisesmadesimple.com/terms-and-conditions/.
DEFINITIONS
● “Booking” means a reservation made by Agency regarding your Trip.
● “Supplier” means a party who provides Travel Services to Travelers.
● “Traveler” means you and each traveler on the same Booking.
● “Travel Services” means travel products and services provided to Travelers by Suppliers, including 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 which Agency makes Bookings.
● “Travel Plan” means the documentation Agency provides to you with details and pricing regarding your Trip.
1. TRAVEL PLANNING FEE
Agency charges a non-refundable Travel Planning Fee to compensate for the time, expertise, and personalized service invested in designing your travel experience. This fee must be paid before planning begins and is not applied toward the cost of your travel arrangements.
Standard Planning Fees
| Trip Duration | Planning Fee |
| 1–3 day trips | $25 |
| 4–7 day trips | $50 |
| 8–14 day trips | $75 |
| 15+ day or complex itineraries | Starting at $125 |
Additional Services
| Service | Fee |
| Domestic Airfare Booking | $25 per ticket |
| International Airfare Booking | $50 per ticket |
| Booking Non-Commissionable Tours/Activities | $25 per booking |
| Revisions After Initial Proposals | $25 per revision |
| Rush Planning (within 14 days) | $50 rush fee |
All fees listed are non-refundable. The Travel Planning, Rush Planning and Revisions After Initial Proposal Fees are due before planning services begin. All other fees are due at the time of booking. Custom quotes apply for group travel, destination weddings, or multi-destination trips.
TRAVELER RESPONSIBILITIES
You agree to:
- Review and Understand: Carefully read and understand these Terms, your Travel Plan, and all correspondence between you and Agency regarding your Trip.
- Timely Planning: Contact Agency to arrange your Travel Plan sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases.
- Confirmation: Confirm your written acceptance of your Travel Plan.
- Payments: Make all deposits and payments per the schedules and dates set out in your Travel Plan.
- Stay Informed: Review, remain aware, and remain updated regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites set out in these Terms.
- Compliance: Fully comply with the obligations to which you agree in these Terms.
You warrant that you are 18 years of age or older and have the authority to sign and accept these Terms on behalf of all minor and adult Travelers on the same Booking who reside in your household.
If you do not understand any part of these Terms, please contact Agency in writing as soon as possible.
SUPPLIER RELATIONSHIP
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 laws or regulations in any jurisdiction, or willful or negligent acts, errors, or omissions, which may result in price increases, delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions.
Suppliers operate under their own terms and 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 identifies each Supplier responsible for providing your Travel Services. 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 each Supplier, including:
- Payments: Payment of all amounts when due.
- Rules and Restrictions: Rules and restrictions regarding the availability and use of Travel Services.
You understand that any violation of Supplier 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.
TRAVEL RISK & INSURANCE
1. Acknowledgment of Travel Risks: The Client acknowledges and accepts the inherent risks associated with travel, including but not limited to trip cancellations, interruptions, baggage issues, medical emergencies, and other unforeseen events.
2. Recommendation for Travel Insurance: The Agency strongly recommends that the Client purchase comprehensive travel insurance to cover each Traveler. If the Agency has not provided a travel insurance quote, the Client should request one promptly.
3. Assumption of Risk Without Insurance: Should the Client decline to purchase travel insurance, they assume all risks and financial responsibilities related to their Trip, including:
● Travel changes, interruptions, or cancellations.
● Baggage delays or losses.
● Travel supplier defaults.
● Medical costs, accidents, and emergencies.
● Any other loss, cost, injury, or death that may arise.
4. Limitations of Insurance Coverage: The Client understands that insurance policies may exclude coverage for certain matters, including:
● Pre-existing medical conditions.
● Trip interruptions related to pandemics or epidemics.
● Certain locations and activities deemed high-risk.
The Client agrees to hold the Agency harmless if an insurance provider denies any claims for reasons outlined in the policy exclusions.
5. Survival of Clause: This clause will remain in effect even after the termination of this Agreement.
PERSONAL INFORMATION
1. Consent to Share Personal Information: The Client understands that, to facilitate travel arrangements, their personal information may be shared with the Agency, Suppliers, and other third-party providers. This information may include birth dates, passport numbers, travel dates, occupations, frequent flyer details, financial information, and other necessary data.
2. Agency’s Responsibility: The Agency is not responsible for:
● The distribution of the Client’s information to Suppliers or other third parties, including external platforms beyond the Agency’s control.
● Any third party’s failure to protect the Client’s personal information.
3. Retention of Personal Data: The Client authorizes the Agency to retain their personal information for as long as necessary to provide Bookings and for a reasonable period thereafter for legal or business purposes.
PRICING & INCLUSIONS
1. Quoted Prices: Quoted prices are based on the specific inclusions detailed in the Travel Plan.
2. Excluded Costs: Unless explicitly itemized in the Travel Plan, prices do not include additional travel-related costs, such as:
● Government-imposed fees or taxes (e.g., airport, port, customs, immigration fees).
● Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, gratuities, and similar personal charges.
● Optional services like taxis, transfers, parking, valet, insurance, and other incidentals.
3. Price Changes: All Supplier prices and availability are subject to change without prior notice until the Client makes full payment as outlined in the Travel Plan. Even after full payment, the Client agrees to cover additional fees that may arise due to factors beyond the Agency’s control, such as fuel surcharges.
4. Agency’s Responsibility: The Agency is not responsible for:
● The transparency or disclosure of pricing by any third party.
● Price changes, variable fees, or currency exchange fluctuations.
● Charges related to foreign-currency transactions.
5. Correction of Errors: The Agency reserves the right to correct errors or omissions regarding prices at any time. This includes re-invoicing the Client at corrected prices or taking other corrective measures concerning the Bookings.
PAYMENT
You agree to make full payment of deposits and other amounts due as agreed in your Travel Plan. If you do not make full payment of any deposit or other amount by its due date: (1) Suppliers may impose price increases, fees, or penalties; (2) Suppliers may cancel your Bookings in whole or part; (3) Agency may cancel your Bookings in whole or part; and (4) your previous deposits and other amounts paid may be NON-REFUNDABLE under Supplier terms. You are solely responsible, and Agency has no responsibility or liability for consequences relating to your late or non-payment.
After the proposal meeting has occurred, you may be required to pay a minimum deposit to secure guaranteed pricing. If the minimum deposit is not paid to the travel supplier in a timely manner, you understand and accept that pricing and availability are subject to change at any time and that you bear sole responsibility for any resulting changes or losses.
If you request re-Booking, Agency will assist you with obtaining any refunds due to re-Booking Trips (e.g., using future cruise credits). However, Agency may, at its discretion, charge a NON-REFUNDABLE fee for re-Bookings.
Unless Agency provides to you prior written consent: (1) we are not the “merchant of record” (as defined by the U.S. Department of Transportation) regarding your Travel Services; (2) we do not take possession of amounts you pay to Suppliers for Travel Services; and (3) we are not responsible for any refunds payable to you by Suppliers.
Your payments in currency other than U.S. Dollars will be converted at then-current exchange rates. Agency payments to Suppliers will be converted at then-current exchange rates between U.S. Dollars and the currency in Supplier’s country.
CREDIT & DEBIT CARDS
By providing your credit or debit card information, you confirm that:
- You are an authorized user of the card.
- You authorize Agency or its agents to charge your card for payments due as outlined in your Travel Plan.
- You authorize credits to your card for any amount charged in error.
You are responsible for all costs, including costs of recovery associated with:
- Providing incorrect card details.
- Declined charges.
- Insufficient funds at the time of payment.
- Closed or expired card accounts before full payment is made.
In such events, Agency reserves the right to suspend or cancel any booking, with no obligation to refund amounts already paid.
CHARGEBACKS
You agree not to initiate any chargeback for reasons including delays, cancellations, refusals of entry, force majeure events, food allergies, provision or non-provision of travel services, supplier price changes, fees, or penalties, except in cases of fraud. Even in cases of fraud, you agree to first address the matter directly with Agency in writing, providing a reasonable time for investigation and response.
If you initiate a chargeback without prior written authorization from Agency, you agree to reimburse us for all fees and costs, including attorney’s fees and legal expenses incurred in disputing and responding to the chargeback.
This clause will survive termination of these Terms.
CHANGES, CANCELLATIONS, REFUNDS
You agree to comply with supplier terms regarding changes or cancellations of bookings. These terms may not allow refunds if you change, cancel, partially use, or do not use travel services for reasons including health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances.
If you change or cancel a booking, you may be subject to supplier fees, charges, or penalties. For any claims for refunds or adjustments, you will submit them in writing to Agency, including full details and documentation.
This clause will survive termination of Terms.
NO SHOWS
Failure to travel or appear for any booking is considered a “no show.” No-show penalties may equal up to the entire cost of travel, subject to terms and conditions of Suppliers and Agency.
ACCOMMODATIONS
Hotel accommodations are subject to availability at the time of reservation. Some hotels require non-refundable and non-transferable deposits to guarantee a booking. Amenities such as air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not guaranteed and may not be operational during your stay. Refunds regarding amenities are the responsibility of the hotel.
Agency will notify you regarding the non-refundable pre-payment portion of your travel.
AIR TRAVEL
Agency may assist with booking airline tickets as part of your overall Travel Plan. In many cases, airline Suppliers require full payment at the time of booking. Once purchased, airline tickets are typically NON-REFUNDABLE, NON-TRANSFERABLE, and subject to strict cancellation and change penalties, in accordance with the airline’s terms and conditions. Most airlines treat name changes as cancellations, which may result in forfeiture of the original fare and the need to purchase a new ticket.
Domestic and international air travel may have different documentation, visa, vaccination, and entry requirements. You are solely responsible for complying with all airline and governmental requirements related to your travel.
Seat assignments are based on availability at the time of booking and are subject to change at the discretion of the airline, even after selection and payment. Airlines may substitute aircraft or change assigned seats for operational, safety, or scheduling reasons. Agency cannot guarantee specific seat assignments, group seating, or seating arrangements together.
Airlines may impose additional fees for:
● Checked baggage
● Carry-on items
● Seat selection
● Meals, beverages, and other onboard amenities
You are responsible for:
- Reviewing and understanding airline-specific policies for baggage and ancillary services prior to travel
- Paying all related fees directly to the airline at the time of booking or check-in
Agency is not liable for any loss, injury, delay, inconvenience, error, omission, or expense resulting from:
● Airline schedule or seat changes after selection, cancellations, or missed connections
● Equipment failures, weather disruptions, strikes, or operational decisions, other matters beyond Agency’s control
● Overbookings, denied boarding, or other airline-imposed limitations
You agree to comply with all airline safety policies and procedures and hold Agency harmless from any claims, penalties, or losses arising from your failure to do so.
Agency acts solely as an intermediary when assisting with flight bookings and is not responsible for the performance or quality of service provided by any airline. We encourage all Travelers to download the airline’s app and monitor their flight status directly.
TRAVELER CONDUCT
You are responsible for any damage or loss caused by your actions and for full payment of any such damage directly to Agency or any third party. Agency is not responsible for costs related to traveler conduct or removal from travel services. You agree not to hold Agency, its owners, directors, employees, agents, or representatives accountable for any claims arising from your actions.
Authorized parties, including Agency and suppliers, may refuse you service, require you to leave any travel service, or disembark transportation if they reasonably believe you pose a danger, engage in disruptive behavior, or fail to follow rules and instructions. In such cases, you may be left at any location and will be responsible for all subsequent costs, forfeiting any rights to refunds.
DISABILITIES & SPECIAL NEEDS
If you or any Traveler in your party has a disability or special need that may require assistance, accommodations, or non-emergency medical services, you must notify Agency in writing prior to Booking so that we may evaluate your request and determine whether appropriate arrangements can be made.
Please note the following:
● Airlines, cruise lines, hotels, and other Suppliers may have specific limitations, restrictions, or fees related to mobility aids (e.g., wheelchairs, scooters), medical equipment, oxygen, or service animals.
● If you are traveling with a service animal or emotional support animal, advance notice and documentation may be required by each Supplier, including veterinary records, certification of training, and proof of compliance with international travel regulations.
● Rental equipment may be available in certain destinations but is subject to local availability, additional cost, and third-party terms.
● Not all Suppliers or destinations provide accommodations that comply with U.S. accessibility standards (e.g., ADA). International destinations, in particular, may have limited accessibility, medical services, or infrastructure for Travelers with disabilities or special medical needs.
You are solely responsible for:
- Ensuring that any required equipment, medications, or support services are available throughout your Trip; and
- Consulting with your physician prior to travel to ensure fitness to travel and manage any conditions that may affect your Trip.
Agency will make reasonable efforts to communicate your needs to Suppliers and request accommodations where possible. However, Agency makes no guarantees as to the availability or adequacy of such accommodations or services. Agency is not responsible for any failure by Suppliers to provide requested accommodations, services, or support.
For your safety and peace of mind, we strongly recommend that Travelers with disabilities or special needs consider purchasing travel insurance with medical and emergency evacuation coverage.
FOOD ALLERGIES
If you or any Traveler in your party has any food allergies or dietary sensitivities that may result in illness, injury, or death (“Food Allergies”), you must notify Agency in writing prior to Booking. By proceeding with Booking, each Traveler with Food Allergies acknowledges and accepts:
- The inherent risks associated with traveling to unfamiliar destinations, including exposure to food allergens despite reasonable precautions;
- That the availability, labeling, and handling of food varies by Supplier, country, and venue, and may not meet U.S. standards; and
- That each Traveler is solely responsible for managing their Food Allergies before, during, and after the Trip, including carrying necessary medications (e.g., epinephrine auto-injectors) and asking Suppliers about ingredients.
Agency makes no guarantees and assumes no liability for the accuracy of food labeling, preparation, or cross-contamination risks during your Trip.
RISK ACTIVITY
If you choose to participate in any activity that carries risk of personal injury, illness, property damage, or financial cost (“Risk Activity”), you do so voluntarily and at your own risk. Risk Activity includes, but is not limited to:
● Water sports or travel, snorkeling, scuba diving, zip lining, skiing, ATV excursions, theme park, and similar adventure or recreational activities;
● Visiting remote or undeveloped destinations with limited infrastructure or emergency services.
● Participation in any excursion or event that a reasonable person would consider inherently hazardous or unpredictable.
By participating in any Risk Activity, you assume full responsibility for all related risks, costs, losses, damages, and liabilities. You agree to release and hold harmless Agency, its agents, employees, and affiliates from any and all claims, actions, or losses arising out of or relating to such Risk Activity, whether caused by negligence or otherwise.
ILLNESS & INJURY
If you become ill, injured, or otherwise medically compromised before, during, or after your Trip:
● You are solely responsible for all related costs, medical treatment, and alternative travel arrangements.
● You must not delay or disrupt the travel plans of other Travelers.
● You agree to hold Agency, Suppliers, and other Travelers harmless from any and all claims, delays, expenses, or losses relating to your medical condition, including missed flights, excursions, or unused Bookings.
Agency does not provide medical advice and is not responsible for the adequacy or availability of medical care during your Trip. We strongly recommend that you consult with your physician prior to travel and obtain appropriate travel insurance with medical and emergency evacuation coverage.
BAGGAGE & PERSONAL ITEMS
You are solely responsible for your baggage, personal belongings, travel documents, medication, and valuables throughout your Trip. Agency is not liable for any loss, theft, damage, or delay involving:
● Checked or carry-on luggage;
● Personal items, including electronics and jewelry;
● Passports, identification, or visas.
We recommend that you use secure luggage, carry essential items in your possession at all times, and obtain travel insurance with baggage and personal effects coverage.
PASSPORTS, VISAS, MEDICAL DOCUMENTATION
As a traveler, you are responsible for:
- Document Preparation: Determining and obtaining all necessary documents required for entry, exit, or transit through any jurisdiction. This includes, but is not limited to, passports, visas, and medical records.
- Document Maintenance: Ensuring that all documents are current, accurate, and in your possession throughout your travel.
- Regulatory Compliance: Familiarizing yourself with and adhering to the travel regulations and requirements of each jurisdiction included in your itinerary.
Agency is not responsible for:
- Document Issues: Any consequences arising from your failure to obtain, update, or carry the necessary documentation for your travel.
- Document Validity: Verifying the authenticity or validity of your passports, visas, or medical records.
No refund will be issued for costs or losses incurred due to your failure to secure or maintain required documentation. Denial of entry, exit, or transit by authorities will not justify cancellation or refund of travel services.
All U.S. citizens traveling internationally must possess a valid passport with a validity period extending at least six months beyond the intended return date. Travelers under the age of 18 may need additional documentation when traveling alone, with one parent, or with non-parent adults. It is your responsibility to obtain and understand any such requirements.
TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP
The Transportation Security Administration (TSA) mandates that all airline passengers provide:
- Secure Flight Passenger Data (SFPD).
- Full legal name as it appears on government-issued identification.
- Date of birth.
- Gender.
- Redress number (if applicable).
Traveler names on all reservations and travel documents must exactly match those on government-issued IDs. You are responsible for any fees or expenses resulting from incorrect or mismatched information. For the latest security measures and air travel requirements, please consult the TSA website at https://www.tsa.gov/.
CRIMINAL RECORDS
Certain jurisdictions may restrict entry for individuals with criminal records. It is your responsibility to understand the entry laws of your destinations and to disclose any criminal history that may affect your travel. The Agency does not inquire into travelers’ criminal records to respect privacy.
PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES
You are solely responsible for staying informed about and complying with restrictions related to pandemics, epidemics, and other travel advisories. This includes regularly reviewing updates from the U.S. Centers for Disease Control and Prevention (CDC) (https://www.cdc.gov/) and the U.S. Department of State (State.gov).
Be aware that some countries, including the United States, may impose testing and quarantine requirements upon arrival or return. Limited availability of required tests in destination countries may also be a factor. Non-compliance with regulations, including failure to provide necessary test results or documentation, may result in denial of boarding, entry, or return to your country of residence.
RESTRICTED PRODUCTS & MATERIALS
You are responsible for knowing and complying with laws regarding the possession and use of restricted or illegal products and materials in all jurisdictions you visit. This includes, but is not limited to:
● Animals and animal products.
● Plants, fruits, vegetables, and soil.
● Cultural artifacts.
● Alcohol, tobacco, and vapes.
● Firearms, ammunition, knives, and weapons.
● Flammable and explosive materials.
● Drugs and related paraphernalia, including prescription and over-the-counter medications.
Possession or use of such items may lead to immediate termination of travel services and potential legal action by authorities. Some jurisdictions may require you to carry evidence of medical prescriptions for certain medications.
HAZARDOUS MATERIALS
You are responsible for understanding and complying with laws regarding hazardous materials and insecticides in all jurisdictions you travel through. This includes confirming with your airline or travel provider about applicable rules. All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft. Violations can result in severe penalties, including imprisonment and fines. For more information, refer to the TSA’s guidelines at https://www.tsa.gov/.
Be aware that some foreign airports may require treatment of passenger cabins with insecticides before or during flights. The U.S. Department of Transportation provides information on such requirements at https://www.transportation.gov/.
LIMITATION OF LIABILITY
Agency acts solely as an intermediary for the arrangement of Travel Services, which are provided by independent third-party Suppliers over whom Agency has no direct control or management authority. Agency does not own, operate, or control any of the Suppliers’ personnel, equipment, vehicles, accommodations, facilities, or other goods or services associated with your Trip.
All Travel Services are subject to the terms and conditions of the respective Suppliers, and each Supplier is solely responsible and liable for the performance and quality of the Travel Services it provides. Agency makes no representations or warranties, express or implied, as to the suitability, safety, reliability, or quality of any Supplier or Travel Services.
To the maximum extent permitted by applicable law, Agency shall not be liable for any loss, injury, illness, delay, inconvenience, expense, or damage to person or property resulting in whole or in part from any act or omission of any:
- Supplier;
- Traveler;
- Independent contractor;
- Government authority; or
- Other third party not under Agency’s control.
This includes, but is not limited to: (a) delays, cancellations, overbooking, strikes, bankruptcy, or cessation of operations; (b) force majeure events, including but not limited to acts of God, natural disasters, pandemics, terrorism, civil unrest, and weather-related events; (c) criminal, negligent, or willful acts or omissions; and (d) failure of a Supplier to deliver agreed-upon Travel Services.
In no event shall Agency be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to these Terms, your Trip, or the services provided, regardless of the legal theory, even if advised of the possibility of such damages.
If, despite the disclaimers and limitations set forth herein, Agency is found liable for any damages under any legal theory, the maximum aggregate liability of Agency shall not exceed the total amount of commission actually received by Agency for your Booking.
You and Agency agree that any legal proceedings must be brought individually and not as a class action, private attorney general action, or any other representative action. This waiver of class and representative actions is a material term of these Terms.
All warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, are expressly disclaimed to the fullest extent permitted by law.
This clause will survive termination of these Terms.
INDEMNITY
You, on behalf of yourself and all adult and minor Travelers included in your Booking and residing in your household (each an “Indemnifying Party”), agree to indemnify, defend, and hold harmless Agency and its officers, owners, members, directors, employees, agents, contractors, representatives, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:
- Any breach of these Terms by an Indemnifying Party; or
- Any negligent, willful, or unlawful act or omission of an Indemnifying Party.
This clause will survive termination of these Terms.
FORCE MAJEURE
Agency shall not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay results from events beyond its reasonable control, including but not limited to: acts of God, weather conditions, floods, fires, earthquakes, storms, pandemics, quarantines, labor strikes, war (declared or undeclared), terrorism, civil unrest, governmental actions, or any other events commonly recognized as force majeure.
In such circumstances, Agency shall be excused from performance and will not be liable for any resulting loss, cost, or expense to you. If force majeure prevents or delays performance by any Supplier, that Supplier’s policies will control, and Agency shall not be liable for Supplier cancellations, alterations, or failures.
If an event of force majeure arises, Agency may, at its sole discretion, cancel or alter your itinerary or Travel Services without prior notice. You agree to bear all costs and responsibilities for alternative travel arrangements and acknowledge that travel insurance may be your sole source of recourse.
GENERAL TERMS
Amendments. These Terms may only be amended in writing by Agency.
Assignment. You may not assign your rights or obligations under these Terms without prior written consent from Agency.
Waiver. No waiver by Agency of any provision shall be deemed a continuing waiver, and the failure to enforce any right shall not constitute a waiver of that right.
Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the fullest extent permitted, and the remaining provisions shall continue in full force and effect.
Relationship of the Parties. These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship between the Parties. You do not have authority to bind Agency.
Discretion. Each Party acknowledges a duty of good faith, but any exercise of discretion under these Terms may be made in a Party’s sole judgment, including consideration of its own interests.
Notices. All notices must be in writing and will be deemed given upon confirmed receipt to the email or mailing address designated by the receiving Party.
Acceptance. Your acceptance of these Terms may be evidenced electronically, digitally, or through passive confirmation methods (e.g., clickwrap or sign-in-wrap).
Conflicts. If there is a conflict between Supplier terms and these Terms, the Supplier terms shall govern. If there is a conflict between these Terms and Agency-issued travel documents, the travel documents will control.
Interpretation. Headings are for reference only. Words like “including” mean “including without limitation.” No text shall be construed against either Party as the drafter.
Termination. These Terms remain in effect until terminated. Termination shall not affect accrued obligations nor provisions that, by their nature or context, are intended to survive termination.
Governing Law. These Terms shall be governed exclusively by the laws of the State of Alabama without regard to its conflict-of-law principles.
Dispute Resolution. In the event of a dispute, the Parties agree to attempt resolution through informal, good-faith negotiations. If a resolution is not reached within 60 days, either Party may seek legal remedies as provided herein.
Venue/Courts. The Parties consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Alabama, and waive any objection based on venue or forum non conveniens or similar doctrine.
Equitable Relief. Either Party may seek injunctive or equitable relief to prevent actual or threatened breach of these Terms.
Further Assurances. Each Party agrees to take further actions reasonably necessary to carry out the intent of these Terms and address unforeseen issues in good faith.
Entire Agreement. These Terms, together with any applicable Travel Client Agreement and Booking confirmation, constitute the entire agreement between the Parties and supersede all prior understandings or agreements, oral or written.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed exclusively by the laws of the State of Alabama, specifically those applicable within Jefferson County. Any disputes arising under or relating to this Agreement shall be resolved in the state or federal courts located in Jefferson County, Alabama. The Parties waive any objections to venue based on forum non conveniens or similar doctrines.