Travels By Elijah, LLC

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  These Terms and Conditions (“Terms”) are:
BETWEEN: Travels By Elijah, LLC (“Agency,” “our,”
“us,” or “we”)
AND: Client Name  (“you,” “your,” or
“yourself”)
(each a “Party” and, together, the “Parties”).
The Parties agree as set out below.
These Terms become effective and binding on each Traveler
upon the earlier of: (1) your written, digital, or electronic signature or
other acceptance; or (2) your Booking, payment toward, or use of Travel
Services. The Terms remain in effect until terminated upon a Party’s written
notice of termination to the other Party.
The Terms are subject to change at any time in Agency’s
discretion, without notice to you. Changes become effective upon the earlier
of: (1) your written, digital, or electronic signature or other acceptance; (2)
your Booking, payment toward, or use of Travel Services; (3) our written notice
to you; or (4) publication at www.travelsbyelijah.com
DEFINITIONS
“Booking” means a reservation made by Agency
regarding your Travel Services.
“Supplier” means a party who provides Travel Services
to Travelers.
“Traveler” means you or any other traveler on the
same Booking.
“Travel Services” means travel products and services
provided to Travelers by Suppliers, including air, land, or water
transportation, lodging, vehicle rentals, tours, excursions, entertainment,
food and drink services, and similar products and services, for which Agency
makes any Booking.
“Trip” means the composite of all Travel Services.
“Trip Documentation” means the documentation and
communications we provide to you with details and pricing regarding your Trip.
Each Traveler agrees to: (1) carefully read and understand
these Terms, any Travel Client Agreement or other agreement between the
Parties, your Trip Documentation, and all correspondence between you and us
regarding your Trip; (2) notify us promptly, and in any event within 24 hours
from receipt, of any errors or omissions in your Trip Documentation; (3)
contact us to arrange your Trip sufficiently prior to travel dates to ensure
availability, avoid late-Booking fees, and avoid fare increases; (4) make all
deposits and payments per the schedules and dates set out in your Trip
Documentation; and (5) review, remain aware, and remain up-to-date regarding
travel warnings relating to your Trip by accessing the U.S. governmental travel
advisory sites, as set out in these Terms.
You warrant that you are 18 years of age or older and have
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 us in writing as soon as possible.
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, changes to Travel Services or routes, failure to comply with laws or
regulations in any jurisdiction, or willful or negligent acts 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: (1) payment of all amounts when due; and (2) rules and
restrictions regarding the availability and use of Travel Services, including
baggage allowances, check-in/check-out times, and age or height restrictions.
Any questions about a Supplier’s terms and conditions should be addressed to
the Supplier of a specific Travel Service.
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.
Agency is not an insurance agent or provider. We advise
travelers of the availability of travel insurance, which third-party insurance
agents and providers offer to travelers in exchange for fees.
We recommend that you buy such insurance to cover each
Traveler. If you have any questions or if you have not received information on
the availability of such insurance, please contact us as soon as possible.
You understand that your Trip may involve: (1) inherent
risks and unplanned events; (2) fees for changes and cancellations; and (3)
other unexpected costs, some of which may be NON-REFUNDABLE.
You are responsible for choosing to buy (or not to buy)
travel insurance.
If you choose to buy travel insurance: (1) you are
responsible for reading and understanding all details and terms regarding your
itineraries and insurance coverages; (2) you understand that insurance covers
only those things expressly stated in each policy; (3) you understand that
insurance policies may include restrictions or pricing policies based, for
example, on the type and location of travel or the time of purchase; and (4)
you understand insurance policies may exclude coverage for matters such as pre-existing
medical conditions, travel interruptions relating to any pandemic or epidemic,
and risk activities and locations.
If you choose not to buy travel insurance: (1) you accept
all risks relating to your travel; (2) you may lose up to 100% of the cost of
travel bookings, plus any cancellation and related fees charged by Agency and
third-party suppliers; and (3) you waive insurance protection relating to your
travel, including without limitation, changes and cancellations; baggage delays
and loss; supplier defaults; medical costs; and accidents and emergencies; and
any other damage, loss, cost, injury, and death relating to your travel.
You waive all claims against and indemnify Agency, its
owners, directors, employees, contractors, advisors, agents, representatives,
successors, and assigns for and from any damage, loss, cost, injury, or death
relating to: (1) your decision to buy or not to buy travel insurance; (2) any
insurance policy you may choose to buy; and (3) any claim your insurance
provider may deny.
This section will survive termination of these Terms.
You understand that, as part of Booking any Travel Services,
your personal information may be conveyed to Agency, Suppliers, and other
third-party providers to accommodate your travel, and you consent to the use of
your personal information by these parties. Such personal information may
include birth dates, passport numbers, travel dates, occupation, frequent flyer
information, bank accounts, credit cards, and other information needed to
secure travel arrangements.
Agency has no liability regarding: (1) the distribution of
your information to any Supplier or other third party, including any CRM or
other technology platform outside our control; or (2) any third party’s failure
to protect your personal information. You authorize Agency to keep your
personal information for as long as needed to provide Bookings and for a
reasonable period thereafter for Agency’s legal or business purposes.
Each Traveler grants to Agency an unrestricted,
royalty-free, non-exclusive, worldwide license to use, in Agency’s discretion,
Traveler's name, image, and likeness, including any photo or audio or video
recording, relating to a Trip for marketing, promotion, tagging, or any other
lawful purpose on social media platforms, online locations, and Agency’s
website.
Quoted prices are based on the precise inclusions we provide
to you in the Trip Documentation.
Unless specifically itemized in the Trip Documentation,
prices do not include other travel costs, fees, or taxes, including: (1) fees
imposed by or for airports, ports, stations, security, agriculture, customs,
immigration, visas, passports, or any other government-imposed fees or taxes;
or (2) fees for meals, beverages, alcohol, minibars, entertainment, seat
assignments, upgrades, excursions, hospitality, gratuities, copies,
telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance,
taxis, transfers, porterage, departures, travel segments, health, medical
treatment or tests, vaccinations, pharmaceuticals, or any other personal
charges.
All Supplier prices and availability are subject to change
without prior notice until you make full payment of deposits and other amounts
due, as agreed in your Trip Documentation. However, even following your full
payment, you agree to pay additional fees that may arise for variable matters
beyond our control, including fuel and other surcharges.
Agency has no responsibility for: (1) transparency or
disclosure by any third party regarding its pricing; (2) price changes or
variable fees; (3) currency exchange fluctuations; or (4) charges relating to
foreign-currency transactions.
We reserve the right at any time for any reason to correct
errors or omissions regarding prices, to re-invoice you at corrected prices, or
to take any other corrective measures regarding your Bookings.
You agree to make full payment of deposits and other amounts
due as agreed in your Trip Documentation. 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 payment or non-payment.
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, in its discretion, charge a NON-REFUNDABLE fee
for re-Bookings.
Unless Agency provides 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 are in U.S. dollars unless we notify you
otherwise. 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.
By submitting your credit or debit card (“Card”) to us, you
confirm that: (1) you are an authorized user of that Card; (2) you authorize
us, or our agents, to charge your Card for payments on due dates agreed in your
Trip Documentation; and (3) you authorize us, or our agents, to credit to your
Card any amounts charged in error.
You are responsible for all costs, including costs of
recovery, relating to the following: (1) if you provide to us an incorrect Card
number; (2) if our valid charges to your Card are declined; (3) if your Card
has insufficient funds on payment dates agreed in your Trip Documentation; and
(4) if your Card account is closed or expires before you pay all amounts agreed
in your Trip Documentation.
In any such event, you agree we have a right to suspend or
cancel any Booking, and we have no obligation to refund amounts paid by you if
we suspend or cancel any Booking.
You agree not to initiate, and you waive any right to
pursue, any credit- or debit-card chargeback, reverse-charge, refund, or
recollection (collectively, “Chargeback”) for any reason, including delay,
cancellation, refusal of entry, exit, or transit, force majeure event,
provision or non-provision of Travel Services, Supplier price changes, fees, or
penalties, Food Allergies (defined below), or any other matter relating to your
Trip, except in the case of fraud.
Even in the case of fraud, before initiating any Chargeback,
you agree to first address the matter directly with us in writing to give us a
reasonable time to investigate the matter and respond to you.
If you initiate a Chargeback relating to any amount we
validly charge to your Card without our prior written authorization, you agree
to pay us for all fees and costs, including attorney’s fees and legal expenses,
we incur to dispute and respond to that Chargeback.
This section will survive termination of these Terms.
You agree to comply with Supplier terms relating to change
or cancellation of Bookings. Supplier terms may not allow refunds if you
change, cancel, partially use, or do not use Travel Services for any reason,
including actual, threatened, or fear of potential 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.
We reserve the right to modify or cancel any Booking or Trip
at any time if Supplier minimum occupancy requirements are not met. If we
modify or cancel any Booking or Trip per the above: (1) we will provide you
reasonable notice and the reasons for such change; and (2) you understand that
independent bookings made outside of these Terms, including airline, rail, and
other travel services, may be NON-REFUNDABLE and that Agency has no
responsibility for such bookings.
If you have any claim for refund or adjustment regarding
your Trip, you agree to deliver it to Agency in writing, including full details
and documentation regarding the background, rationale, and proof of payment.
This section will survive termination of these Terms.
Traveler’s failure to travel or show up for any Booking will
be considered a “no show.” No shows are subject to: (1) change or cancellation
fees of Agency; and (2) Supplier terms, which may include change fees,
cancellation fees, and other penalties up to the entire cost of Bookings and
Travel Services. Traveler is responsible for and agrees to pay all such fees
and penalties, which Suppliers may issue as debit memos or any other form at
any time following a no show of Traveler.
Lodging accommodations are subject to availability at the
time of reservation or check-in. Some Suppliers require NON-REFUNDABLE and
NON-TRANSFERABLE deposits to guarantee a Booking. In such cases, Agency will
notify you regarding the NON-REFUNDABLE pre-payment for that portion of your
Trip.
Lodging amenities including air conditioning, elevators, bed
size, connecting or adjacent rooms, handicap accessibility, restaurants, bars,
fitness facilities, pools, and spas are not guaranteed at all properties and
are not guaranteed to be operational or available during your stay. Refunds
regarding amenities are the responsibility of the Supplier.
Suppliers may require tickets to be paid in full at the time
of Booking. Airline tickets, once purchased, may be NON-REFUNDABLE and
NON-TRANSFERABLE, subject to Supplier terms and conditions.
Supplier policies and requirements may differ between
domestic and international flights, including fare refundability,
transferability, recommended airport arrival times, advanced check-in times,
airline ancillary services, and baggage allowances, all of which are subject to
change.
Seat assignments are based on availability at the time of
selection and payment. Airlines may change seat assignments and aircraft or
address other operational matters at any time. Agency cannot guarantee seats in
specific locations or next to each other.
Airline seat assignments, baggage and carry-ons, and airline
ancillary services such as meals, drinks, entertainment, Wi-Fi, and other
services may be subject to additional fees. Airlines may consider a name-change
to be a cancellation.
You are responsible for confirming in advance: (1) airline
policies and restrictions; (2) availability of airline ancillary services; and
(3) paying all related fees.
You agree to comply with safety guidelines of all airlines
and hold Agency harmless from any liability relating to airline policies,
operations, or fees.
Agency is not responsible for any: (1) fees imposed by
airlines for services; (2) changes to aircraft or seat assignments after
selection and payment; (3) loss, injury, accident, error, or omission that may
occur, including schedule changes, delays, cancellations, and expenses due to
weather conditions, airline operations, or equipment repair or failure; or (4)
other matters beyond Agency’s control.
Religious Beliefs and Service Limitations
Travels By Elijah, LLC (“Agency”) operates in accordance
with sincerely held religious beliefs grounded in the teachings of the Bible.
The Agency affirms that:

1. Human Sexuality and Marriage

• Sexual expression is reserved exclusively for the      marital relationship between one biological man and one biological woman.
• The Agency recognizes marriage solely as the union of      one biological male and one biological female.

1. Moral Boundaries

• The Agency adheres to biblical teachings regarding      sexual morality, which prohibit practices outside of God’s intended      design, including but not limited to adultery, bestiality, fornication,      and same‑sex relationships.

1. Gender Identity

• The Agency affirms that gender is determined by God      at conception as either male or female.
• The Agency does not recognize or endorse any      alteration of one’s God‑assigned sexual identity, whether physical or      otherwise.

1. Scope of Services

• In accordance with these beliefs, the Agency will      only officiate weddings and/or provide marital counseling services for      heterosexual relationships.
• The Agency reserves the right to decline services      that conflict with its sincerely held religious convictions.
  Religious Liberty Clause
      The Agency’s policies and practices are protected under the
      First Amendment to the United States Constitution, the Religious Freedom
      Restoration Act (RFRA), and other applicable federal and state laws
      safeguarding religious liberty.
      Accordingly:
• The Agency shall not be compelled to provide services      that conflict with its sincerely held religious beliefs.
• The Agency’s refusal to provide services inconsistent      with its religious convictions shall not constitute unlawful      discrimination but rather the lawful exercise of constitutionally and      statutorily protected religious freedom.
• Clients acknowledge and agree that the Agency’s      services are expressly conditioned upon these religious liberty      protections.
  Severability Clause
      If any provision of this section, or any portion thereof, is
      held to be invalid, illegal, or unenforceable by a court of competent
      jurisdiction, such provision shall be enforced to the maximum extent
      permissible, and the remaining provisions shall continue in full force and
      effect. The invalidity of any specific clause shall not affect the
      enforceability of the remainder of these Terms and Conditions.
      This Fee Schedule Policy (“Policy”) sets forth the fees and
      charges applicable to services provided by Travels By Elijah, LLC      (“Agency,”
      “we,” “our,” or “us”). By engaging the Agency’s services, the Client      (“you,”
      “your”) agrees to the terms herein. All fees are stated in United States
      Dollars (USD) unless otherwise specified.
  Wedding Officiant Fees
      Standard Rates
• Daily Rate (5 days or less): $250 per day
• Weekly Rate (6 days or more): $1,700 per week
      Travel Expenses
      In addition to officiant fees, the Client shall be
      responsible for all travel expenses, including but not limited to:
• Airfare or other transportation costs
• Rental car or ride share services
• Hotel, Airbnb, or cruise accommodations
• Meal per diem of $50 per day
      Services Included
      Wedding officiant fees generally include:
• Ceremony leadership and delivery of vows
• Legal responsibilities, including advising on      marriage license requirements, signing the marriage certificate, and      submitting paperwork to the county clerk
• Pre‑wedding consultations (initial and follow‑up)
• Customized ceremony script tailored to Client      preferences
• Rehearsal attendance, if included in the agreed      package
• Ceremony coordination, including directing      participants, cueing music, and managing timing
• Emotional and personal support, including cultural or      spiritual elements
      Optional or Add‑On Services
      Additional services may be offered at supplemental cost,
      including but not limited to:
• Premarital counseling sessions
• Travel/mileage fees for ceremonies outside the local      area
• Blessings or prayers at reception events
• Provision of sample ceremony drafts, templates, or      creative suggestions
  Travel Agency Service Fees
      Trip Cancellation Fee
• A fee of $50.00 per traveler shall be assessed for      any trip cancellation initiated by the Client.
      Itinerary Change Fee
• A fee of $25.00 per itinerary change shall be      assessed for modifications including, but not limited to, name      corrections, date changes, or other adjustments requested by the Client.
      Supplier Penalties
• All Agency fees are in addition to any penalties,      charges, or fees imposed by suppliers, including but not limited to      airlines, cruise lines, hotels, or tour operators. Clients remain      responsible for compliance with supplier terms and conditions.
      Commission on Non‑Commissionable Bookings
• The Agency shall assess a commission of ten percent      (10%) on the total cost of all supplier bookings designated as non‑commissionable.
      General Terms
• All fees are non‑refundable unless otherwise required      by applicable law.
• Fees are subject to change at the Agency’s      discretion; updated schedules will be posted on the Agency’s website.
• Payment of fees constitutes acceptance of this      Policy.
• This Policy shall be read in conjunction with the      Agency’s Terms and Conditions of Service.
      Governing Law
• This Policy shall be governed by and construed in      accordance with the laws of the State of California, without regard to      conflict of law principles.
      Contact Information
      For inquiries regarding this Policy, please contact:
      Travels By Elijah, LLC
      Email: hello@travelsbyelijah.com
      Phone: (916) 346-9098

 You are responsible for: (1) any damage or loss caused by
your acts or omissions; and (2) full payment for any such damage or loss
directly to Agency or any third party.
Agency is not responsible for any costs relating to: (1)
Traveler conduct; or (2) Traveler removal from any Travel Services, in whole or
part, whether based on Traveler negligence, willful misconduct, or otherwise.
You agree not to hold Agency, its owners, directors, employees, agents, or
representatives accountable for any claims arising from Traveler acts or
omissions.
Any Authorized Party may, in its discretion, refuse you any
Travel Service, require you to leave any Travel Service, or require you to
disembark any mode of transportation if the Authorized Party reasonably
believes: (1) you are a danger to yourself or any other participant; (2) you
have engaged in, are engaged in, or are threatening to engage in behavior that
is socially disruptive, verbally abusive, physically abusive, obnoxious,
harassing, discriminatory, obscene, contrary to applicable law, or any other
behavior that may adversely affect the safety, security, comfort, enjoyment, or
well-being of any other Traveler, any Authorized Party, or any third party; or
(3) you do not follow any rule, procedure, or instruction of an Authorized
Party.
If you are subject to any such determination of an
Authorized Party: (1) you may be left at any location, city, port, or place any
mode of transport stops; (2) you will be solely responsible for all costs
relating to your subsequent subsistence, accommodation, and transportation; (3)
you will forego any right to any refund, in whole or part, of any fees paid by
you for any Travel Services; and (4) no Authorized Party will have any direct
or indirect liability of any kind relating to Traveler acts or omissions.
“Authorized Party” means Agency or any Supplier, including
owners, directors, employees, agents, and representatives, who provides to you
Travel Services or related goods or services, including any ship operator, ship
captain, tour operator, tour director, group leader, or crew member.
If you have disabilities or special needs that may require
non-emergency special services, additional support, or disability
accommodations, please advise Agency in advance of Booking.
Airlines and other Suppliers may impose charges for
additional baggage and may have size restrictions for wheelchairs they can
accommodate. If you are unable to use your own wheelchairs, mobility devices,
or other medical equipment or devices, rentals may be available, potentially
subject to additional charges. If you travel with a service or emotional
support animal, Suppliers may require advance arrangements and documentation
regarding the animal’s health, training, and related factors.
Countries outside the U.S. often apply different laws,
rules, regulations, standards, and accommodations for persons with disabilities
or special needs. Travel destinations may have limited medical facilities,
limited availability of prescription medications, and limited means to
accommodate your disability or special needs. Please consult your health
provider prior to planning or Booking your travel.
Agency will make all reasonable efforts to request
assistance or arrange for appropriate services or equipment regarding Traveler
disabilities or special needs. However, Agency is not responsible for the
failure of Suppliers to meet Traveler needs and expectations.
If you have food allergies or any similar conditions that
may cause you harm during your travel (“Food Allergies”), please advise Agency
in advance of Booking. If any Traveler has Food Allergies, each such Traveler:
(1) acknowledges the possibility of an elevated risk of reactions, delays, or
disruption during travel; and (2) has sole responsibility for his or her Food
Allergies and for performing all due diligence relating to such Food Allergies
prior to, during, and following travel. Agency is not responsible for any harm
or loss caused by any Food Allergy under any circumstances.
If you engage in any activity that may involve any risk of
harm to your own or another person’s health or well-being, damage to property,
or costs relating to such activity (collectively, “Risk Activity”), you are
solely responsible for your decision to engage in, and your involvement with,
such Risk Activity.
You assume all risks, costs, losses, liabilities, and claims
relating to any Risk Activity. You will not pursue any claim against Agency,
and you release Agency from all liabilities, relating to any Risk Activity.
Risk Activity includes any activity, or travel to any
location, which can reasonably be regarded as inherently dangerous, hazardous,
or otherwise having the potential to result in: (1) the damage to or loss of
any property; or (2) the injury, disability, illness, or death of any person.
If you become ill or injured during a Trip, you will bear
all responsibility for your well-being and treatment, if required. In such
case, you will be responsible for all costs, planning, and logistics regarding
alternative travel arrangements. You will not cause a delay or interruption
regarding any Trip or otherwise burden other Travelers. You release Agency,
Suppliers, and other Travelers from any liability relating to your illness,
injury, missed flights or connections, travel delays, or unused Bookings.
You are solely responsible at all times for your baggage,
personal items, and travel documents. Agency is not responsible for any damage,
loss, delays, or other matters relating to your baggage, personal items, or
travel documents.
As a general rule, Travelers traveling to or from any
international destination must have a valid passport, which must be valid for
at least six months beyond a Traveler’s date of return.
Minor Travelers (age 17 and under) traveling without an
adult, with a single parent, or with a non-parent adult may be required to
carry additional authorizations and documentation (e.g., an affidavit or letter
from the other parent).
Each Traveler is responsible for: (1) taking all actions to
obtain in advance all documents needed to enter, exit, or transit any
jurisdiction, including passports, visas, and medical and other required
documentation; (2) ensuring all such documentation is current and in your
possession; and (3) remaining familiar with and understanding the rules
governing travel in each jurisdiction on your itinerary.
Agency is not responsible or liable for: (1) your failure to
update or possess passports, visas, or medical or other documentation that may
be required to enter, exit, or transit any jurisdiction; or (2) determining the
validity of your passport, visa, or medical or other documentation required by
any jurisdiction.
We will issue NO REFUNDS and will have no
responsibility for any costs or losses incurred as a result of any Traveler’s
failure to obtain or possess any passport, visa, or medical or other
documentation required by Agency or any third party.
Even if all travel documents are complete, authorities in
any jurisdiction may refuse or restrict entry, exit, or transit. Refusal of
entry, exit, or transit by any third party will not be a justification for
cancellation or refund regarding Travel Services.
The Transportation Security Administration (“TSA”) requires
all airline passengers to provide: (1) Secure Flight Passenger Data (SFPD); (2)
full name as it appears on government-issued identification; (3) date of birth;
(4) gender; and (5) redress number (if available). The name of each Traveler on
all reservations and travel documents must match the name as it appears on that
Traveler’s government-issued identification.
Traveler is responsible for any fees and expenses that may
be incurred due to an incorrect name or the denial of travel resulting from
incorrect or non-matching information. Updated information regarding security
measures and air travel requirements are available at https://www.tsa.gov/. We
strongly recommend that Travelers review this website well before travel.
You are responsible for being aware of any compliance with
any restrictions relating to pandemics, epidemics, and other travel advisories.
You warrant that you have reviewed, understand, and will
continually check U.S. Center for Disease Control (“CDC”) and U.S. Department
of State travel advisories, notices, warnings, restrictions, and rules,
including those regarding pandemics, epidemics, and other health threats, which
can be navigated via the following links: (1) CDC https://www.cdc.gov/;
(2) U.S. Department of State https://www.state.gov/.
Government notices and rules may change before your travel, during your travel,
and after you return from travel.
You understand that: (1) certain countries, including the
U.S., may require testing and quarantine upon entering the country, as well as
testing and quarantine upon returning to the U.S. or your country of residence,
including proof of full or partial medical treatments (e.g., vaccination
passports); (2) destination jurisdictions may have limited availability of
medical tests required to facilitate return to the U.S. or your country of
residence; and (3) different Suppliers and jurisdictions may have different
medical protocols and screening procedures, including mandatory face coverings
and temperature checks in public areas such as hotels, airports, aircraft,
cruise ships, trains, or other means of transport.
Failure to comply with local laws and medical protocols may
impact travel at the cost of Traveler, including: (1) denial of boarding; (2)
termination of Travel Services; (3) entry, exit, and transit regarding any
jurisdiction; and (4) return to the U.S. or your country of residence.
Even if a Traveler complies with required local laws and
medical protocols, authorities in any jurisdiction may refuse or restrict
entry, exit, or transit. Refusal of entry, exit, or transit by any third party
will not be a justification for cancellation or refund regarding Travel
Services.
Jurisdictions may restrict entry for persons with criminal
records. You are responsible for understanding all destination entry laws and
for knowing if you or anyone in your party has a criminal record. Agency does
not inquire into Traveler criminal records in the interests of privacy.
You are responsible for knowing, understanding, and
complying with applicable laws in each jurisdiction in which you travel or
transit regarding possession and use of restricted or illegal products and
materials, including: (1) animals and animal products; (2) plants, fruits,
vegetables, and soil; (3) cultural artifacts; (4) alcohol; (5) tobacco and
vapes; (6) firearms and ammunition; (7) knives and cutting instruments; (8)
weapons; (9) flammables and explosives; and (10) any other products or
materials that may be restricted or illegal from time to time (collectively,
“Restricted Materials”).
You are responsible for knowing, understanding, and
complying with applicable laws in each jurisdiction in which you travel or
transit regarding possession and use of drugs, substances, and paraphernalia,
including prescription, over-the-counter, and other products and materials,
which may be restricted or illegal in some jurisdictions but unrestricted and
legal in others (collectively, “Drugs”).
Possession or use of Restricted Materials or Drugs may
result in: (1) immediate termination of Travel Services; and (2) detainment,
prosecution, and incarceration by any government authority.
Local laws may require you to carry evidence of medical
prescriptions from a qualified physician.
You are responsible for: (1) knowing, understanding, and
complying with all applicable laws in each jurisdiction in which you travel or
transit regarding hazardous materials and insecticides; and (2) confirming with
your airline or other travel provider regarding your itinerary and applicable
rules.
All air passengers are prohibited by federal law from
bringing hazardous materials aboard aircraft in their baggage or on their
person. Violations can result in imprisonment and significant fines under 49
U.S.C. 5124 (see https://www.govinfo.gov/).
Examples include explosives, compressed gases, flammable
fluids and solids, oxidizers, poisons, corrosives, radioactive materials,
paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium
batteries, and radiopharmaceuticals. Special exceptions apply for small
quantities of medical and toilet articles carried in your baggage and on your
person.
Restrictions on hazardous materials are listed at: https://www.tsa.gov/. Some
foreign airports require treatment of passenger cabins with insecticides prior
to or during flights. The U.S. Department of Transportation lists such
requirements at: https://www.transportation.gov/.
We arrange Travel Services, which are provided and
controlled by Suppliers who are separate from and independent of us.
We have no management or control over Suppliers, including
their staff, representatives, facilities, equipment, products, or services.
Suppliers have sole responsibility and liability to you for their respective
Travel Services.
We make no representation or warranty, express or implied,
regarding the pricing, value, quality, suitability, fitness, safety,
non-infringement, or provision of: (1) Travel Services, which are provided by
Suppliers; or (2) Booking and other services that we may provide to you, which
we provide “as is.”
We have no liability to you for any claim of damage or loss
arising from any act or omission, negligent or willful, of any Supplier,
Traveler, or other third party, including: (1) any damage to or loss of
property; (2) any physical, emotional, or mental injury or death; (3) any cost,
inconvenience, disruption, or delay; (4) any cancellation, bankruptcy, or
cessation of operations; and (5) any misrepresentation or criminal act.
We have no liability to you for any indirect, incidental,
consequential, punitive, exemplary, or special damages under contract, tort, or
other claim of liability, even if we become aware of the possibility of such
damages.
If any decision-making authority awards you damages against
us in law or equity, those damages will be limited to the total commissions we
collect for making Bookings for you for the Trip during which the damages
arise.
Our entire liabilities are as stated in these Terms. All
other representations and warranties—express or implied, by statute, law, or
otherwise—are excluded.
This section will survive termination of these Terms.
You agree to indemnify and hold harmless Agency and its
owners, directors, employees, contractors, agents, representatives, advisors,
successors, and assigns from all third-party claims, damages, and costs,
including attorney’s fees and legal costs, arising from: (1) these Terms or
Travel Services, including the claims of any Traveler on behalf of whom you
sign and accept these Terms; or (2) any act or omission relating to these Terms
or Travel Services by you or any Traveler on behalf of whom you sign and accept
these Terms.
This section will survive termination of these Terms.
No failure or delay in the performance of any obligation
under these Terms will be a breach if that failure or delay arises from a force
majeure.
“Force majeure” means: (1) governmental actions; (2)
fires, floods, storms, pandemics, epidemics, or other acts of God or nature;
(3) wars, terrorism, insurrections, riots, or strikes; (4) failures of water,
power, or communications utilities; or (5) any other cause beyond the
reasonable control of either Party.
If either Party’s performance is prevented or delayed by a force
majeure, it will promptly notify the other Party of the circumstances and
provide an estimate of impacts. Upon clearance of the force majeure, the
Party will promptly resume performance.
Unless otherwise required by applicable law: (1) Agency is
not liable to you and will not provide any refunds caused by delay or
non-performance under these Terms if the delay or non-performance is due to any
force majeure; and (2) if Agency or any Supplier is affected by a force
majeure, it may, in its discretion, vary or cancel any itinerary or
arrangement in relation to your travel without notice. In such case, you will
remain responsible, financially and otherwise, for all alternative travel
arrangements.
Amendments. These Terms may be amended only in writing by
Agency.
Assignment. You may not assign any right or obligation under
these Terms without Agency’s prior written consent, which will not be
unreasonably withheld or delayed.
Waiver. No forbearance or delay in enforcing these Terms
will prejudice or restrict any rights of you or Agency. No waiver of a right
will operate as a waiver of any subsequent right. No right is exclusive of any
other right, and each right is cumulative.
Severability. If any part of these Terms is found
unenforceable, that part will be enforced to the fullest extent permitted by
law and the remainder of these Terms will remain fully in force.
Relationship of Parties. These Terms do not create an agent
relationship, partnership, joint venture, or employment relationship between or
among the Parties. You have no authority to bind Agency or incur any obligation
on Agency’s behalf.
Discretion. While each Party acknowledges its duty of good
faith and fair dealing, a Party’s discretion means it may consider its own
interests without considering the effect of its decision on the other Party.
Notices. Notices under these Terms will be in writing and
deemed given when sent receipt confirmed to the receiving Party’s email or
other address provided under these Terms for purposes of notice.
Acceptance. You may confirm acceptance of these Terms in
writing, digitally, or electronically, including by clickwrap, sign-in-wrap, or
other active or passive electronic confirmation. Any counterparts created will
constitute a single original document.
Conflicts. If any conflict arises between Supplier terms and
these Terms, the Travel Client Agreement, or Trip Documentation, the Supplier
terms will control. If any conflict arises between these Terms and the Travel
Client Agreement or the Trip Documentation, these Terms will control.
Interpretation. The Parties intend that: (1) headings will
not be used to interpret these Terms; (2) the words “include” and “including”
are without limitation; (3) no text will be construed against either Party as
author; and (4) all text is conspicuous.
Termination. Upon termination of these Terms, each Party’s
rights and obligations will cease immediately, but termination will not affect:
(1) either Party’s rights and obligations accrued but unsatisfied at
termination; or (2) any provision of these Terms expressed to survive
termination or by a reasonable reading of its context will survive its
termination.
Governing Law. These Terms are governed exclusively by the
laws of Texas without regard to conflict-of-laws principles of any
jurisdiction.
Dispute Resolution. If any dispute arises under these Terms,
the Parties will use all reasonable efforts to resolve the dispute through
informal direct communications.
Courts. If the Parties are unable to resolve a dispute
through informal direct communications within 60 days following a Party’s
notice of dispute sent to the other Party, any claim arising from these Terms
will be resolved exclusively by the state or federal courts located in Your
County and State, which neither Party will challenge based on forum non
conveniens or similar doctrine. Neither Party will bring any legal action
against the other Party as any part of a class, group, representative, or
private attorney general action.
Equitable Relief. Either Party may seek injunctive or other
equitable relief to remedy any actual or threatened breach of these Terms.
Further Assurances. Each Party will perform additional acts
as necessary to effect these Terms. The Parties will address together in good
faith any unforeseen issues that arise from these Terms with a view to
mitigating any material adverse impact on either Party.
Entire Agreement. These Terms, which include the Travel
Client Agreement, represent the entire agreement and supersede all prior
agreements between the Parties regarding their subject matter, written or oral,
express or implied.
If travel services or transportation is cancelled and the
traveler is not a fault and has not cancelled in violation of any terms and
conditions previously clearly and conspicuously disclosed and agreed to by the
traveler, all monies paid to the seller of travel for services not provided
will be promptly paid to the traveler, unless traveler advises seller of travel
in writing after cancellation.
In California, this provision does not apply where the
seller of travel has remitted payment to another registered wholesale seller of
travel or a carrier without obtaining a refund, and where the wholesaler or
provider defaults in providing the agreed upon transportation or service. In
this situation, the seller of travel must provide the traveler with a written
statement accompanied by bank records to establish the disbursement of the
payment and if disbursed to a wholesale seller of travel, proof of that
wholesaler’s current registration.
This Seller of Travel is not a participant in the California
Travel Consumer Restitution Fund.
If transportation or other services are cancelled by the
seller of travel, all sums paid to the seller of travel for services not
performed in accordance with the contract between the seller of travel and the
purchaser will be refunded within thirty days of receiving the funds from the
vendor with whom the services were arranged, or if the funds were not sent to
the vendor, the funds shall be returned within fourteen days after cancellation
by the seller of travel to the purchaser unless the purchaser requests the
seller of travel to apply the money to another travel product and/or date.
Cornerstone Travel
SELLER OF TRAVEL CREDENTIALS
California Registered Seller of Travel CST 2158353-50. Registration as a
seller of travel does not constitute approval by the State of California.
Fla. Seller of Travel Ref. No. ST-44927
WA UBI #605 824 620