Terms and Conditions

Travel Clique LLC

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Thank you for choosing to partner with Travel Clique LLC! In turn, we have partnered with suppliers to create a customized journey; our goal is to provide a worry-free, unique, and wonderful travel experience. To ensure that you understand the conditions of your particular vacation and its components, please review the following policies and procedures carefully. By utilizing our services and providing payment for Travel Clique LLC planning fees or any payments pertaining to your travel arrangements constitutes your complete understanding of all the terms and conditions and you hereby agree to be bound by these terms and conditions.

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PLEASE READ THIS.   IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES.  PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.

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Please thoroughly review these terms and conditions of Travel Clique and www.travel-clique.com, herein referred to as TQ. The booking passenger (the passenger filling out the reservation form or making the booking) of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the booking passenger to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to TC, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel-related services.

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PASSPORTS: Everyone, including children and infants, must have a valid passport to travel internationally (not the Passport Card). Failure to comply will result in denial of boarding, no refund, no exceptions. Travel Clique is not responsible for passports in any way. Passports are required to be valid 6 months from your return date. Please immediately check your passport validity. If your passport expires within 6 months of your flight home, please be sure to renew your passport before your trip to avoid being denied boarding.

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BOOKING ACCURACY/LEGAL NAMES:  Passenger is required to verify the accuracy of passenger’s LEGAL PASSPORT first, middle and last name listed on the invoice and travel documents.  It is mandatory that guest names be identical to the names as they appear on passports, booking and travel documents. Penalties associated with name changes are the sole responsibility of the booking passenger. Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify TC immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions within 24 hours of booking.

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TRAVEL DOCUMENTS:  Passenger(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases TC from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times. TC recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements. Please note, effective January 23, 2007, a valid passport will be the only acceptable document for international travel.

TRAVEL ALERTS: It is the traveler’s responsibility to educate themselves on current travel alerts including Zika by visiting

http://travel.state.gov

and/or https://wwwnc.cdc.gov/travel/

Suggested reference materials for passport, visa, health requirements as well as travel advisories:

For US Citizens: http://travel.state.gov

Western Hemisphere Travel Initiative: http://travel.state.gov/travel/cbpmc/cbpmc_2223.html

US State Department Travel Warnings: http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html

US State Department Travel Alerts: http://www.travel.state.gov/travel/cis_pa_tw/pa/pa_1766.html

US Center for Disease Control for required vaccinations: http://www.cdc.gov/travel

Visa information for US citizens: http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html

(examples of countries requiring Visas: Australia, Brazil, China, Egypt, India, Russia, & Turkey)

For Canadian citizens: http://www.ppt.gc.ca

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*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience.  These sites are owned and operated by third parties who may alter the URL at any time without notice.

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PAYMENTS: TC accepts Visa, American Express, Discover, and Mastercard.  TC holds reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by TC on or before the Deposit Due Date, reservations are automatically canceled. Failure to remit payments on or before the final payment date will automatically put your booking at risk of cancellation and will result in a $50 late fee. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold TC harmless for cancellation of any booking for either late payment or declination of a credit card. Payments are only accepted through our online payment system. Payments are never automatic unless pre-authorized through the system. We cannot take any phone payments, checks, bank transfers, pre-paid cards or any other method of payment.

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PRICING: Prices and availability quoted by TC are not guaranteed until a deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that TC is not responsible for any errors or omissions in any quotes, or advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is TC responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold TC harmless for any actions or damages arising from Supplier pricing. TC reserves the right to charge Passenger(s) for any increase in taxes, fees, or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharges.

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AIRFARE:

a. General Conditions Governing Air Transport: Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee.  Passenger is responsible for any such fees.  With regard to the purchase of air tickets, TC acts simply as an intermediary between you and the airline.  Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.

All tickets will be issued for economy class unless otherwise specified.  All travel will be round-trip unless otherwise specified.  Seat assignments are subject to the airline’s policies and may not be able to be made until you are at the airport on the day of departure.  Airline tickets booked through TC may not be eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (TC recommends confirming 72 hours prior and 24 hours prior).

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline because the flight number remains the same).  The same applies to connecting flights that may be subject to crew changes.  When you reserve a scheduled or charter flight involving a stopover in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport.  The journey to the other airport is at your own expense.  TC will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

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TC’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage.  The airline fulfilling your contract for carriage may change from the airline mentioned by TC. TC is not able to specify the type of aircraft to be used by any airline.  If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. TC will not provide any refund for trips missed, in part or full.

b.  Prohibited Practices: You agree that you will not deviate from your booking by making any unscheduled stopovers.  Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited.  The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited.  The use of two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited.

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Where a ticket is purchased and used in violation of these rules, TC and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following:

1. Invalidate the ticket(s);

2. Cancel any remaining portion of your itinerary;

3. Confiscate any unused Flight Coupons;

4. Refuse to board you and to carry your baggage;

5. Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;

6. Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;

7. Take legal action against you.

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c. Loss of air tickets: You agree to safeguard your tickets and bear any and all costs related to loss of theft.  If you lose your air ticket or if your ticket is stolen, TC advises that you immediately report it to the police and to the airline.

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d. Luggage: Each airline has its own policy regarding luggage.  We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. Luggage fees are not included in your travel package. You will be responsible for paying to the airline any additional charges for checked overweight baggage, including, but not limited to, golf bags and oversized luggage.  If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

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The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes.  In the event of damage, late forwarding, theft or loss of luggage, you should contact your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration.  TC strongly recommends that you obtain an insurance policy covering the value of your items.

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e. Limitation of Liability for Air Transport

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT KT IS NOT LIABLE  FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, AIRLINE MAINTENANCE, SAFETY PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING, AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY. TC DOES NOT OPERATE AIRCRAFT AND ACTS ONLY AS AN AGENT FOR IDENTIFIED AIRLINE PRINCIPALS THAT DO.

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f. Federal law prohibits the carriage of hazardous materials aboard aircraft in your luggage or on your 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 radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Please refer to the full list of TSA prohibited items at http://www.tsa.gov/traveler-information/prohibited-items

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ACCOMMODATIONS AND ACTIVITIES:  “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, timeshares, campgrounds, and resorts.

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a. Accommodation classifications: The number of stars attributed to the hotels and other providers of accommodations quoted by TC corresponds to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country.  The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. TC makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible.  However, you would bear any additional costs, for upgrading the room or property.  We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services.  This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.

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b. Taking possession of and vacating your room: Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times.  TC is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room. Typical check-in time is 4 PM and check-out time is 12 PM. Early possession or late vacation of your room may result in fees charged by the hotel and are at the hotel’s sole discretion and paid entirely by the passenger.

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c. Types of room: Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay.   We do our best to keep you informed but TC makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.

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d. Meals: These depend on the meal plan chosen / applicable.

• All-inclusive.  This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.

• Full board.  This includes accommodation, breakfast, lunch, and dinner, but no drinks.

• Half board.  This includes accommodation, breakfast, and either dinner or lunch, but no drinks.

• European Plan. This includes accommodation without meals and drinks

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In the case of full board or half board, drinks are not included, unless specifically mentioned in the description.  In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the customer’s expense.  It is necessary to comply with all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.

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e. Activities offered during your stay: An activity may not be appropriate for all ages or for individuals with certain medical conditions. TC may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.

It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples:  group sports, children’s clubs). In the early or late season, some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress.  As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.  Particularly during the high season, it is possible that the number of parasols, loungers, sports equipment, etc., is insufficient for the demand.  The opening hours of bars, restaurants, clubs, etc., may be irregular and dependent on the management of the establishment in question.  You agree that TC is not liable for activities unavailable due to any of the reasons listed above.

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The sports activities offered for collective participation are often organized by outside providers.  Any travel costs related to such activities are at the customer’s expense.  Similarly, these activities may be withdrawn at the discretion of the organizer if there is insufficient demand.  This will not give rise to any entitlement to compensation.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, KT SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED, OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.

f. Infants: We ask parents traveling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination.  You may be asked to pay a charge, for example for the provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.

g. Pregnant women: TC advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to participate in the trip.   You agree that TC will not be liable for any damages arising from the inability to participate in any or all of the trip due to pregnancy or a related illness and no compensation will be payable under such circumstances.

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h. Travelers with special needs or disabilities: If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. TC makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.  TC has no special knowledge regarding the suitability of disabled persons for any portion of any tour or activity offered. For information concerning the suitability of disabled persons for any portion of any tour or other reservation, contact the supplier directly.

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CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties. There are no refunds unless insurance (travel protection/travel insurance) has been purchased to cover your trip. If insurance has been purchased, refunds are subject to the insurance policy. Additionally, all booking cancellations, transfer to another Agency, or no-shows are considered cancellations and are subject to a non-refundable $50 per person fee imposed by TC. All cancellations MUST be in writing and sent to TC by email. Upon making the booking, the Passenger(s) hereby accept and acknowledge liability for all cancellation fees imposed by TC and the supplier. Cancellations are posted within 24 business hours of when the complete cancellation documents are received by TC. Your cancellation will be confirmed via email when processed. In the event that TC cannot be reached, you must call the numbers provided in your travel documents to cancel your trip prior to departure.

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REVISION POLICIES: Any changes made to a reservation are subject to the current pricing at the time of the change, and will incur a non-refundable $50 per person fee imposed by TC on top of the new reservation cost. All revision request MUST be in writing and sent to TC by email. Your revision will be confirmed via email when processed.

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TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through the tour operator/supplier we use to book your trip, please be aware that there are other third-party insurance providers for you to consult with. TC cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. TC is limited to advising you of the need for such coverage.

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By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out-of-pocket expenses incurred.  You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.

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We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. TC is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, and coverage should be directed to your particular travel insurance provider.  Please note that the travel insurance provider may not be allowed to discuss your claim with TC due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that TC cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that TC has no control over the travel insurance provider or its coverage decisions, and as a result, TC is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

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Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. TC cannot be held responsible for denied entry if any Passenger(s) is unable to provide details to authorities of insurance or denial of entry for any reason. Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which travel protection plan coverage would otherwise have been available.  

FORCE MAJEURE: TC shall not be responsible for, and shall make no refund for, events beyond its control, such as, without limitation, acts of God, strikes, acts of war, terrorism or civil disturbance, government restrictions, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, or for acts or omission of Third Parties or other parties not under the control of TC and all similar events outside our control.

AGENT/INTERMEDIARY: TC is simply an intermediary between the Suppliers and the public. TC does not own or operate any of, the hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip.  Passenger(s) acknowledge and agree that TC shall not be responsible for any loss, damage, delay, inconvenience, or injury to Passenger(s) or group members as a result of a breach of contract, act, or omission whether willful or negligent, criminal or otherwise of any person other than TC or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.

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Suppliers reserve the right to deviate from the direct, customary, and/or scheduled route or itinerary for any reason, without limitation, and without notice. Passenger(s) acknowledge and agree that TC is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections, or any other condition beyond its control.  TC is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.

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TC recommends that all Passengers be in good physical and mental health and have medical approval to travel.  The passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that TC shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.

While TC prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied.  Passenger(s) acknowledge and agree that TC shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier.  In no event shall TC be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, onboard a cruise ship, on tenders, onshore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation, and handling of passengers and baggage.

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NON DISPARAGEMENT: TC encourages our clients to provide us with feedback on our services along with our supplier’s services. Clients accepting these terms and our services agree that they will not disparage the company or any of its agents, officers, directors or employees. For purposes of the Section, “disparage” shall mean any negative statement, review, report or ranking, whether written or oral, about TC and its companies, employees, officers, directors. Such actions as stated are in breach of this non-disparagement agreement and entitles TC to seek compensation for damages in the amount of $50,000 per instance.

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LIMITATION OF LIABILITY:  Without limitation, Passenger(s) assume the risk of, and agree that TC is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.

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MODIFICATION OF TERMS AND CONDITIONS:  The Terms and Conditions may be amended or modified by TC at any time without notice.  It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.

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Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with TC.  Without this acceptance, any order is subject to cancellation at any time.

The failure of TC to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. TC does not guarantee it will take action against all breaches of this these Terms and Conditions.

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SEVERABILITY:  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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HEADINGS: Headings are for reference purposes only and do not limit the scope or extent of such section.

MANDATORY ARBITRATION / FORUM / CHOICE OF LAW: The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of New Jersey.   The Parties agree that the arbitration shall take place in Middlesex County, NJ and will be conducted by a single mutually agreed upon arbitrator.  The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award.  Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

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The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against TC. If Passenger(s) fails to submit their claim to arbitration and instead files suit, TC shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and TC agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.

JURISDICTION: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles.  Any dispute arising from the contract shall be litigated in Middlesex County, NJ. All Passenger claims must be submitted in writing and received by TC no later than thirty (30) days after the completion of the TC trip.  Passenger claims not submitted and received within this time shall be deemed waived and barred.