Reserving Your Travel with Sherry Destinations, LLC
We at Sherry Destinations LLC strive to bring you the best travel experience. The following terms and conditions “terms” apply to all travel products and services purchased. Please review these terms in detail as by purchasing any travel product or service you are bound by the terms set forth in this agreement.
“Affinity Group” refers to passenger-lead travel groups.
“Deposit” refers to the amount of money paid to Sherry Destinations, LLC to reserve a passenger’s trip.
“Final Payment” or “Final Payment Date” refers to the date the trip must be paid in full.
“Sponsored Group” refers to groups lead by Sherry Destinations, LLC or their representatives, shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns.
“Travel Agent” or “Travel Agency” refers to Sherry Destinations, LLC, and their shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns.
“Travel Proposal” refers to either
1. The complete travel itinerary, with associated policies, terms & conditions, proposed and agreed to by passenger after a request for travel services; or,
2. The itinerary proposed by Sherry Destinations, LLC for Sherry Destinations, LLC sponsored travel.
“You”, “Your”, “Passenger” refers to you, the traveler and all individuals in your traveling party.
The Travel Agency will work with you to provide a memorable travel experience. Travel Agency does not provide the travel services, rather we partner with various tour operators and travel providers (“suppliers”) to bring that experience to you. As the passenger, you understand that the Travel Agency acts as an intermediary between you, the passenger, and third-party suppliers.
By submitting a deposit or payment, you:
1. Formally accept the Travel Agency’s Terms & Conditions as stated herein.
2. Give Travel Agency permission to accept the terms & conditions of the third-party supplier on your behalf. All the terms & conditions applicable to your trip will be reviewed with you in your travel proposal.
3. You agree to abide by the terms & conditions and policies of both the third-party supplier and Travel Agency.
4. Agree to be added to the Travel Agency’s mailing list. Passengers can unsubscribe at any time.
Any violation of these and the supplier’s terms & conditions will constitute a breach and forfeiture of any and all payments.
Travel agency serves clients based within the United States. All clients must be 18 years of age or older to purchase travel services. Any travelers under the age of 17 must be accompanied by a parent or guardian 18 years of age or over. If an underaged traveler is not traveling with a parent, the airline/resort may require parental consent via a notarized letter from the parent allowing the child to travel with the guardian. Please contact the Travel Agency for more information.
Traveling is a great way to take time away from the normalcy of life. We at Travel Agency strive to make this process as smooth and easy as possible. To do so, there are certain documents you need to ensure a safe and uneventful travel experience. Please see below regarding the documentation needed in order for you to travel. Travel Agency is not responsible for any travel issues, denial of travel or increased costs due to passengers not having the correct documentation.
DOMESTIC TRAVEL: If you are traveling within the United States or any of its territories, valid state-issued identification is required. This can be a driver’s license or state photo identification. This identification should be part of the Real ID program. If it is not, a valid passport would be required. For more information on the Real ID program, please go to the US Department of Homeland Security’s website at https://www.dhs.gov/real-id.
INTERNATIONAL TRAVEL & CRUISES: To travel internationally or via a cruise, a passport is required. The passport should not expire six (6) months after the travel departure date and should have at least two (2) blank pages. Children need to have valid passports as well. For more information, please go to the US Department of State website at www.travel.state.gov.
NON-UNITED STATES PASSPORT HOLDERS: If you hold a passport not issued by the United States, please check with your respective country or consulate regarding the rules of travel and entry prior to securing travel accommodations. Travel Agency is not responsible for denial of travel or entry of those with foreign passports.
INTERNATIONAL TRAVEL ENTRY REQUIREMENTS
International locations have different entry rules and requirements than traveling within the United States. Preapproval or a visa may be required prior to entry. It is the passenger’s responsibility to ensure that they meet eligibility requirements and have the proper documentation to enter another country. This information can generally be found at the country’s consulate website. Travel agency is not responsible if a passenger is denied entry into a country for any reason, including, but not limited to, not possessing the proper visa or having a criminal record.
Payments & Cancellations
Payments: Travel Agency only accepts payments in United States Dollars. Payments can be made via major debit and credit cards. Accepted cards are: Mastercard, Visa, Discover. Credit or debit card should be in the name of the lead passenger. Alternate forms of payment may be accepted only with the expressed permission of Travel Agency. If alternate payment forms are required, please contact Travel Agency at firstname.lastname@example.org.
Payments by major credit or debit card are preferred, and by authorizing charges to your card you expressly waive the right to chargebacks to mediate disputes.
CLIENTS SHOULD NOTE THAT EVEN THOUGH THEY HAVE PAID FOR A VACATION PACKAGE OR SEGMENTS IN ADVANCE, HOTELIERS, AIRLINES, RENTAL CAR COMPANIES, AND OTHER VENDORS WILL ASK FOR A CREDIT CARD TO BE USED DURING TRAVEL FOR INCIDENTAL CHARGES, BAGGAGE FEES, RENTAL CAR GUARANTEE, ETC. NEVER TRAVEL WITHOUT A CREDIT CARD THAT CAN BE USED FOR THESE PURPOSES! IF YOU ARE USING A DEBIT CARD FOR DURING TRAVEL CHARGES, YOU SHOULD EXPECT THAT POSSIBLE HOLDS CAN BE PLACED ON YOUR ACCOUNT FOR SEVERAL DAYS AND THAT MIGHT AFFECT YOUR SPENDING CASH.
Always check with your bank to see if your card incurs foreign transaction fees if you plan to travel outside the US. Monthly payments are required on all group trips to keep your reservation current.
Professional Planning/Service Fee: Travel Agency charges a non-refundable planning fee for travel planning services. This fee is due and payable prior to the rendering of travel planning services. Travel Agency will review the fee structure during the consultation.
Deposit: A deposit is due at the time of reservation by all travelers to reserve your space. All deposits are non-refundable and non-transferable. Traveler booking is not confirmed, and payment is not deemed made until the deposit is received by Travel Agency and we send a confirmation invoice to you.
Payment Plans: We are pleased to offer, for your convenience, a monthly payment plan for your travel plans. No payment plan is available for reservations made sixty (60) days or less from the date of travel
Final Payment Due Date: The final payment due date will be clearly marked on the invoice. It is the responsibility of the traveler to make the final payment before or by the due date. Failure to make the final payment by the stated due date will result in automatic cancellation of the reservation and all previous deposits will be forfeited unless insurance is purchased. If insurance is purchased, the insurance guidelines will apply based on the supplier. All final payments must be approved by Travel Agency
Payment not met by the final payment date; the reservation will be canceled automatically.
Refunds Sponsored Group Trip: All payments to Travel Agency Inc are non-refundable and non-transferrable for customized group trips This is because Travel Agency Inc has contractual agreements with hotels, airlines, and other vendors that will not allow us to obtain any refunds. This way we can keep our package prices low and allow you to make monthly payments on your vacation.
Cancellations non sponsored trip: To cancel your reservation, the Travel Agency charges a non-refundable fee of $200.00 per person. This fee is payable at the time of the cancellation request and the reservation will not be canceled until this fee is paid. Unless otherwise stated in your travel proposal, you can cancel and receive a refund of your trip payments, less your non-refundable deposit and any supplier-imposed penalties. There is no refund if the reservation is canceled after the final payment date. All cancellations must in writing to email@example.com
If multiple travelers are on a reservation, and one traveler needs to cancel, the trip will need to be rebooked and will be requoted at the current rate. This may mean an increase in the rate for those that are remaining on the reservation. It is the responsibility of the travelers within the same reservation to ensure payments are being made.
Note: Travel Agency cancellations fees are separate from the third-party supplier of service provider’s cancellation fees. Cancellation fees must be paid in order for Travel Agency to move forward with cancellation.
There is a $200.00 per person fee to initiate any cancellations – with or without travel insurance protection. If you do not receive an acknowledgment with 48 hours, please call (718) 465-2983 to ensure your information was received.
Reservation Changes: Changes to an existing reservation, whatever the cause, will incur a $150.00 per person charge plus any additional supplier fees. These includes name changes and removal of any services such as optional tours and transfers. Please note that name changes to airline reservations are subject to full cancellation and rebooking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties, and is not covered by this Reservation Changes policy. Changes or additions after departure are subject to local rates at the time if amendment and must be paid directly by the Traveler to the supplier or service provider. There are no refunds for unused services. You must complete the Traveler Requested Itinerary Change form and send via email to firstname.lastname@example.org. Changes will not be processed until the $100.00 itinerary change fee (s) have been paid. No exceptions.
Please note that name changes to airline reservations are subject to full cancellation and rebooking
Reinstatement of Reservations: If your travel reservations have been canceled, and you notify us within 14 calendar days of cancellation that you want to reinstate your reservation, a service reinstatement fee of $150.00 ($200.00 for international tours) will be added to your invoice and must be paid in advance in order to apply for reconfirmation of services.
In the case where a reservation is canceled and reinstated, it is not guaranteed that the passenger will receive the same exact itinerary for the same price. This will be considered a new reservation and subject to the pricing and terms and conditions at the time the reservation is reinstated. Passenger understands that the passenger will be responsible for any increase in travel costs upon reinstatement of the reservation.
Late Payments: Failure to submit payments by the original final payment date requires our agency to negotiate an extension with the vendor. If an extension is granted, a $100 extension fee will be added to your final payment. If the extension is denied, the reservation will result in an automatic non-refundable cancellation.
Declined Payments: A declined payment will not be automatically resubmitted. If the payment is declined, an email will be sent to request another form of payment. After the second declined payment the reservation may be canceled, and all previous payments will be forfeited.
It is the responsibility of the Traveler to ensure the correct credit card payment information has been submitted, which includes the following: credit card holder’s name, billing address, phone number, credit card type, credit card number, expiration date, and three-digit security code.
After the second declined payment, you will receive a text message and email notification regarding your declined payment.
A $100.00 late payment fee per person will be due after the second declined payment. The late payment fee must be paid prior to processing your payment.
Prices: All prices listed are per person based upon shared twin room occupancy unless otherwise clearly specified. Prices do not include items of a personal nature, such as laundry, wines, water, beverages, food (other than at all-inclusive resorts or where clearly specified), passport and visa fees, insurance, and foreign port taxes unless specifically indicated in the package inclusions. Prices are correct at the time of publication; however, as airfares continually fluctuate and classes of service may have limited capacity, tour package prices and availability will change accordingly. In case of human or computer error, Travel Agency reserves the right to re-invoice for the correct price or service. A full refund will be made to
passengers who choose not to pay an increase, provided Travel Agency receives a written cancellation within five days of the price increase notification.
Last Minute Reservations: All reservations must be made no later than 30 days before departure. If requested services cannot be confirmed, payment will be refunded. If services are confirmed, final payment is due within 24 hours and all applicable cancellation penalties will apply.
Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts the Customer’s travel for any reason, portions of the trip/tour will not be refunded and Travel Agency and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required to purchase any other product or service offered by Travel Agency. However, it is strongly recommended. Employees of Travel Agency are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. Travel protection will be offered to each guest. It is the responsibility of each traveler to accept or decline travel insurance at the time of purchase.
An additional charge applies for travel insurance selected.
Passport and Visa
Passports & Visas: All travelers are responsible for ensuring that they have the proper travel documents and MUST CHECK with the respective consulate(s) or visa agency to determine whether any visas or passports are required for international travel and some countries require a visa. All traveler’s passports must be valid for 6 months after the date of your travel. Some countries require a full blank “VISA” page in the passport for stamping purposes. Any information provided on travel description pertains to US citizens only. Non-US citizens should check with the respective consulate of the country(s) to be visited for current entry requirements. We strongly suggest all cruise Traveler(s) to have a valid passport in their possession while cruising. Travelers will not be permitted to depart without the proper identification.
Each passenger is responsible for verifying their personal information before payment is applied. All documentation requirements for passport, visa, vaccination, or other travel requirements for the destinations of travel are the responsibility of the traveler. The traveler should review requirements well in advance of travel to ensure compliance. Passengers who do not meet these requirements will be denied boarding by cruise lines and airlines. Travel Agency is not responsible for providing documentation and vaccination information.
Travel Documents: Once received by Travel Agency, travel documents, including e-ticket itineraries, are sent via email approximately 2 weeks prior to departure provided full payment has been received by Travel Agency. If paper documents are requested when e-documents are available, documents will be delivered via USPS approximately 14-21 days prior, and a fee of $25 will apply. A complete street address is required (no P.O. boxes). Please check your documents to confirm the accuracy of all information.
Call us immediately at (718) 465-2983, if any errors are found. Tickets and vouchers are negotiable instruments – keep them in a safe place at all times. Lost, stolen, or destroyed tickets/vouchers cannot be replaced or refunded.
Travelers with Children: All children under 18 must be accompanied by an adult. The minimum age for children on most tours is 6 months. The minimum age for International travel is 12. Minimum age for cruise’s is 6 months old and child must sail in the cabin with an adult over 25 years of age. If a person under the age of 18 years of age will be traveling with an adult other that his/her parents, or with only one parent, a notarized Child’s Consent to Travel Authorization form will need to be completed by the parents or non-traveling parent and notarized granting authorization to travel should be carried with you.
Travelers with Disabilities: USA Tours: Pursuant to the Americans with Disabilities Act (the ADA) Any disability requiring special attention must be reported to Travel Agency at the time the booking is made. Travel Agency will make reasonable attempts to accommodate the special needs of clients but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers. We strongly suggest all cruise passengers have a valid passport in their possession while cruising.
Wheelchairs & Walkers: US Tours: Pursuant to the Americans with Disabilities Act (the ADA), Travel Agency seeks to accommodate disabled travelers to the extent possible and consistent with the specific tour itinerary. Nevertheless, you may find that certain tours features may not be accessible to the extent that you require a wheelchair, scooter, or other special equipment to participate.
International Tours: Hotels, sea and river cruises outside of the United States are not required to comply with ADA requirements and therefore may not have ramps, wide entryways or elevators to accommodate disabled passengers or devices such as wheelchairs, walkers and motorized scooters. Due to physical constraints and space limitations, it may be the case that wheelchairs, walkers and motorized scooters may not be taken aboard such motor coaches and river cruises.
Service Animals: Passengers on USA escorted tours who require a service animal because of a disability must contact the Travel Agency prior to booking a tour. Passenger is responsible for knowing and abiding by the travel policies of the carriers and hotels/resorts. Service animals cannot be accommodated at international locations.
Airline schedules and flights are subject to change without notice. Travel Agency is not responsible for penalties incurred for tickets, international or domestic, due to schedule and/or flight changes or missed flights. In the case that a Travel Agency purchases airline tickets on your behalf, the Travel Agency will follow the policies of the airlines, which may change at any time. Most airline tickets require immediate and full payment of the airfare upon booking. Any replacement air arrangements and airfare will be the sole responsibility of the passenger.
The Travel Agency will do its best to use major carriers for their flights. There may be times when discount carriers are used. In the case where the airline policy conflicts with this policy, the airline policy will prevail, with the exception of the luggage requirement stated in the group trip itinerary. Travel Agency is not responsible for the services and policies imposed by the airlines.
Airline Seat & Class Assignments: The airlines bear sole responsibility and authority of assigning seats and class of service. The Travel Agency will put forth best efforts to select the passenger’s desired seat in the passenger’s desired class. Travel Agency is not responsible for seat assignment or class changes made by the airlines.
Airline Name Changes: Any name changes including minor spelling corrections may require airline reservations to be canceled and rebooked. Reservations are subject to current availability and pricing at the time of rebooking. Once airline tickets are issued, subsequent name corrections will be subject to an airline rebooking fee which may be as much as the full value of the airline ticket plus a $100.00 revision fee per change.
Pursuant to TSA Secure Flight requirements, traveler(s) are responsible to provide Travel Agency Travel with their name as it appears on their passport (or other government-issued I.D. when traveling), date of birth, gender, address, and phone number, email and fax data for all travelers. Traveler(s) must ensure that names are correctly listed on their applicable invoice. Sherry Destinations Travel will not be responsible for Traveler(s) who are denied boarding due to inaccurate information.
Airline Frequent Flier Programs: Passenger is responsible for contacting their airline directly regarding mileage eligibility and accrual. As a courtesy, the Travel Agency will provide frequent flier information to the airline. Travel Agency is not responsible for eligibility and administration of airline frequent flyer programs. Not all air reservations are eligible to accrue frequent flier miles or frequent flier benefits. Please check with the appropriate air carrier regarding their program rules and eligibility.
Known Traveler Programs: Passenger is responsible for adding TSA Precheck or Global Entry to their air reservation. If provided at time of reservation, the Travel Agency will put forth our best efforts to add such information to the passenger’s air reservation. It is the responsibility of the passenger to confirm that this information is added to their reservation. The Travel Agency does not administer either of these programs or determine eligibility of these programs. Travel Agency will not be responsible if a passenger is denied use of these programs.
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Traveler 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. Traveler is responsible for any such fees.
It is important to confirm your flights with the airline prior to departure: 24 hours in advance for domestic flights, and 72 hours in advance for international flights. Failure to confirm international flights or failure to use any portion of an airline reservation may result in automatic cancellation by the airline for all continuing and return flights.
Familiarize yourself with your airline’s policies and requirements before booking. Unless stated otherwise by the airlines, it is important to arrive at the airport at least 2 hours prior to departure for domestic flights and 3 hours prior to departure for international flights. Late arrival at the airport can result in loss of assigned seats or denial of boarding. Denial of boarding is not eligible for refund or travel protection reimbursement. Airfare rebooking is subject to airline penalties, rebooking fees, plus any cost difference of the new flight. Seat assignments are subject to change by the airline without notice.
Travel Agency is not responsible for the services and policies imposed by the airlines. Airlines schedule and flights are subject to change without notice. Travel Agency is not responsible for penalties incurred for tickets, domestic or international not issued by Travel Agency due to schedule and/or flight changes.
Airlines reserve the right to demand immediate issuance of tickets whenever they determine that specific flights are heavily booked even when normal ticketing rules do not require tickets to be issued until a later date. In this instance, Travel Agency will require immediate and full payment of the airfare. This situation overrides invoice terms and conditions and payment due dates. If full payment is not received, seats will be cancelled by the airline and may not be available to be rebooked on the same flights or at the same airfare. Any replacement air arrangements and airfare will be the sole responsibility of the travel.
Schedule Changes: In the event of an airline schedule change, the Travel Agency will make every effort to inform passengers of the schedule change and new flight schedule prior to departure. Travel Agency is not responsible for schedule changes including, when applicable, changes in routing and/or the number of stops in the itinerary. Travel Agency is unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by an airline. In the event of any change in flight itinerary made directly between passengers and their airline, it is the passengers’ responsibility to advise the Travel Agency of amended flight details in writing at infosherrydestinations.com. Travel Agency is not responsible for land services, including arrival and/or departure transfers, if flights are changed without its knowledge.
Luggage: Each airline has its own policy regarding luggage. The traveler will be responsible for paying to the airline any additional charges for checked or overweight baggage. Travel Agency strongly recommends that you obtain an insurance policy covering the value of your items. Further, Travel Agency shall not be responsible for any lost, damaged or stolen luggage or personal items, and Traveler(s) agree to release and hold harmless Travel Agency from any losses, claims, damages or actions regarding such lost, damaged or stolen luggage or personal items.
Luggage (Escorted Tours): All Travel Agency escorted tour buses allow one piece of luggage per person, plus a carry-on bag. Additional baggage will be subject to a handling charge of $100 per piece. Travel Agency will not be responsible for loss or damage to luggage and personal
belongings, you MUST report any loss or damage immediately at the time of the
incident and obtain a written report from the local authority for submission to your
Baggage Fees: Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. Travel Agency is NOT responsible for additional fees incurred for baggage.
BAGGAGE FEES ARE NOT PART OF AN ALL-INCLUSIVE PACKAGES! Please review the “Updated Checked Bag and Carryon Bag Rules” at www.TSA.gov.
Cruises Ship & Itinerary Changes: Cruise itineraries and ships are subject to change without notice. Furthermore, cruise ships may be chartered and/or departure dates canceled, in which case all monies, including applicable deposits, shall be refunded. Travel Agency takes no responsibility for ship substitutions or itinerary changes imposed by a cruise line and is not responsible for any losses you may incur, including the issuance and/or cancellation of airline tickets or visa fees.
RAIL: Once full payment is received; rail tickets will be issued and are subject to the refund and cancellation policies of the rail carrier. Once issued, rail tickets are valid for the dates and times specified. Changes and exchanges may be subject to local charges, fees, and fare increases. The Travel Agency does not control seat assignments which are entirely at the discretion of the rail companies.
HOTEL ACCOMMODATIONS: All rooms requested are standard twin-bedded (two single
beds) rooms with private facilities unless you have specifically requested a king/double size bed. Please understand although we will make a bed type request on your behalf, bed types are subject to availability. Room selection in all cases is strictly at the discretion of the hotel's management on a run-of-house basis. Some single rooms are smaller than a standard room size. The number of persons accommodated
does not dictate the room size. Although available at most 4 and 5-star hotels, the use of air-conditioning abroad differs greatly from the United States. Many European hotels were built before central air- conditioning was introduced. Air-conditioning is often shut down at night and from the end until the start of the summer months. All hotel rates are not negotiable and based on Travel Agency agreements
with its suppliers. Hotel check-in time is generally not before 3:00 p.m., and check-out time is before noon. Please be sure that adequate arrangements for accommodations have been taken into consideration when a late-night flight is being used. We reserve the right to make substitutions with hotels of equal standard. There will be no refunds for any difference in the cost of those accommodations.
Hotel & Cruise Profiles: Travel Agency hotel and cruise ship profiles are based upon information provided to Travel Agency and cruise ship partners and their representatives,
including images and descriptions of individual properties. Star ratings may differ
from country to country. Travel Agency does its best to maintain current information; however, it is not responsible for any inaccuracies, changes in description details or amenities, or images provided by third parties.
Meals: As specified in each itinerary. Meals are based on the hotel's or restaurant's
buffet or set menu. In general, beverages are not included unless specifically stated.
Although Travel Agency cannot make guarantees, every effort will be made to honor special dietary requests submitted in writing at least 4 weeks prior to departure at email@example.com.
Hotel /Resort/Cruise Deposit: Some hotels/resorts/cruises may require a security deposit to pay for any damage caused to the accommodations or to cover incidental charges (room service, parking, etc.) The amount of the deposit is determined by the hotel/resort/cruise. You must present a credit card at check-in for incidentals and a temporary charge may be applied for your security deposit. Using your debit card will take that money from your bank account and it will not be refunded until the conclusion of your stay. The processing time for the refund is determined by your banking institution.
Transfers: Transfers are provided as indicated for each tour by car, minibus, or motor
coach, provided airfare is purchased from Travel Agency. If
you purchase a land-only tour, or if you deviate from the arrival and/or departure
dates as stated in the itinerary, you will have the responsibility to purchase your own
transfer to the hotel. Your arrival transfer is guaranteed for up to two hours from
your scheduled arrival time in order to compensate for minor delays. Travel Agency or the transfer company will not be responsible for
flight delays, for any reason, beyond two hours from your originally scheduled arrival
time. In case of a delay, whether due to flight delay, immigration, and customs, or
time spent reporting baggage damage or loss, it will be your responsibility to make
other transfer arrangements, such as a taxi. Transfer costs are not refundable, and
any additional expenses will be your responsibility. The cost of a transfer is more
expensive than hiring a taxi, as a Travel Agency transfer
necessarily includes round trip service, or 'dead-leg,' meaning that our driver must
come to the airport, hotel, or pier only to pick you up and necessarily loses a
one-way fare. Often the places of call (airports, seaports, hotels) demand entrance
and parking fees, where drivers may have to wait for up to an hour. Travel Agency transfer drivers, while not employees of Travel Agency, are reliable. They provide you with a full welcome service,
transfer you to the correct location, and are prepared to answer your questions along
HEALTH & SAFETY
Medical Services: There may be times where passengers may need medical attention. Should medical attention be required, local services will be contacted. Resulting charges will be the responsibility of the passenger. Travel Agency are not responsible for the services provided. It is highly recommended that the passenger secure travel insurance in case there is an unforeseen need for medical attention.
Health Requirements: Check with your healthcare provider for up-to-date requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their recommendations. Required inoculations, if any, must be recorded by clients’ health care practitioner on a valid vaccination certificate which the client must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in rigorous travel programs. Any person who arrives at the destination ill with an apparent fever or becomes ill during the tour, will be removed from the group and directed to a local medical facility for diagnosis. Only upon clearance by an accredited medical facility will that individual be allowed to resume group travel. All costs associated with medical treatment and related expenses, such as additional hotel nights or transportation not included in the original itinerary, will necessarily be borne by the passenger. Please note that some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at: http://www.dot.gov/…/avi…/aircraft-disinsection-requirements.
Sightseeing & Itinerary: Travel Agency’s group trips have been designed to accommodate solo travelers as well as groups. Some itineraries may have early morning start times for sightseeing in order to complete the touring during daylight hours or avoid afternoon heat in tropical and desert climates. It is the passenger’s responsibility to arrive on time for all scheduled flights, cruises, and package components. With many of the preplanned tours, it is vital that the group remains within the scheduled time. If a passenger is running late, there is no guarantee that the group can wait. Passenger is responsible for all costs and additional fees or penalties if they are unable to meet the group at the preassigned time.
Passengers are not required to attend the prepackaged tours. If you choose not to attend any or all of the tours, there is no refund, partial or otherwise for that tour. Arriving late may be considered a “no-show”, in which case you will not be eligible for refund for the unused service(s). We cannot guarantee the number of passengers who will be on any given tour. Passengers may find that they are traveling with a sizable group or only with their own companions. Services, however, will remain constant no matter the number of tour participants. Persons requiring any assistance or who have any form of disability should refer to section “Travelers with Disabilities”.
On dates including, but not limited to religious holidays and national celebrations, some monuments and sites may be closed. On these occasions, touring itineraries may be amended to reflect these closures. Occasionally, during holidays and certain periods, and/or due to unforeseen circumstances including weather conditions there may be last-minute changes, sometimes after arrival, in affecting the sequence of the tour or locations visited. Therefore, we reserve the right to adjust the tour sequence. In such cases there will be no cost adjustment.
National monuments and tourist sites regularly undergo renovations, which can obscure the monument’s view. No tour will be canceled due to renovations; however, the Travel Agency will decide based on the conditions whether to amend an itinerary. Travel Agency itineraries may contain suggestions for activities for your leisure time; these suggestions do not constitute an endorsement of any specific service provider and the decision to participate in any such activities should be made independently and with due consideration.
Passenger is responsible for bringing the necessary documentation when sightseeing and attending the attractions or excursions or risk being unable to participate in that activity or attraction. Travel Agency will not be held responsible if you are unable to participate in the activity or attraction because you do not have the proper identification or documentation and no refund will be given, partial or otherwise, because you were unable to participate in the activity.
Group Harmony: To ensure the desired group synergy, Travel Agency reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs, theft, fighting, not following the rules and laws of the trip location, hotel/resort, etc. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, is the sole responsibility of the passenger and their traveling companions. All unused services are non-refundable.
Tipping: Complete tipping guidelines are as follows:
Drivers, including private cars and motorcoach drivers: $5-$10 per person per day
Tour Guides: $10-$20 per person per day
We at the Travel Agency understand that travel may not go as planned. If there is any refund owed, the Travel Agency will put forth our best efforts to provide that refund to the passenger. Travel Agency works with third parties and there may be a delay in obtaining refunds from that third party to then provide passengers with the refund. This process may take a while. We ask for patience in this process and that you do not request a chargeback with your credit card company. Going through this process will cause a delay in the refund process.
If you decide to request a chargeback from your credit card company, the Travel Agency must charge a $100.00 fee to cover the time and effort to provide information to your credit card company. This will be charged regardless if the chargeback is successful.
Individual Entry & Exit Requirements: Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html) We feel it is an invasion of privacy for any member of our staff to make such an inquiry.
ASSUMPTION OF RISK:
Passenger is aware that the travel itinerary may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Travel Agency, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Passengers are aware that weather conditions may not be desirable, severe, adverse and/or unpleasant. Passengers are also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip.
In order to partake of the enjoyment and excitement of this trip, passengers affirm that I am willing to accept the risks and uncertainty involved as being an integral part of my trip. Passenger hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Travel Agency and agree to hold harmless and release Travel Agency from claims of third-party negligence. Passenger understands the physical requirements of the activity(ies) in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this trip and I am willing to assume all risks that may be created, directly or indirectly, by any such condition. Passenger hereby authorizes Travel Agency or my local ground handler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent.
Passenger agrees that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in New York County, NY.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
As a customer of the travel agency, you may, from time to time, receive promotional emails. You agree that by virtue of being a customer, that your name and email address, as well as the names and email addresses of your traveling companions 18 or over, are added to the agency’s email distribution list. You may unsubscribe from the list at any time
Use of Traveler’s Images in Promotional Materials: Photographs and video taken by Travel Agency, representatives while on tour are the property of Travel Agency, and may be used in promotional materials. Any traveler who does not wish to have their photograph or video footage used in promotional material MUST advise Travel Agency, in writing no later than the tour’s final payment due date.
Limitations of Responsibility & Disclosure: Travel Agency acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, resorts, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”) and is not the source or provider of the travel services.
Each of these supplier companies is an independent entity with its own management and is not subject to the control of Travel Agency. Travelers are advised that the suppliers whose names appear in travel documentation are those responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Web sites, which govern the transaction. All bookings are accepted by Travel Agency as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. BECAUSE TRAVEL AGENCYACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE TRAVEL AGENCY IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TRAVEL AGENCY HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH TRAVEL AGENCY’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF XQUIISTE DREAM TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE TRAVEL AGENCY FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Travel Agency’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Travel Agency. Travel Agency reserve the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. Travel Agency shall not assume any responsibility for any air and/or ground schedule changes. Travel Agency has solely received commission and fees for travel transactions and Traveler agrees and understands that any recovery from Travel Agency will be limited to the commission and fees paid by Traveler received by Travel Agency.
Disclaimer of Liability: All prices are thought to be accurate, available, and current. The information, products, and services may include inaccuracies or typographical errors. Travel Agency does not guarantee the accuracy of, and disclaims liability for inaccuracies, including by not limited to the price, information, and description of the products and services described on this website. Travel Agency, is not liable for any errors made by the client creating their own bookings online. By booking online clients take full responsibility for any errors that may occur (name misspellings, incorrect travel dates, etc.). Travel Agency is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier, or personal injuries, death, property damage or other damages or expenses resulting from causes outside of the control of Travel Agency.
Travel Agency shall not be responsible for travel delays or cancellations or any illness, death, injury, damage or loss of vacation time arising there from. Changes to cruise ports of call or itineraries due to mechanical, weather, or world events beyond our control are at the sole discretion of the cruise line and may occur without notice. Any applicable compensation resulting from such occurrences is also at the sole discretion of the supplier. Travel Agency shall not be liable for any injuries, damages, or losses incurred by the traveler in connection with, or by supplier employees or contractors, terrorist activities, social or labor unrest, mechanical or construction failures, or difficulties, diseases, local laws, climatic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside of the control of Travel Agency. The Traveler assume the complete and full responsibility for checking and verifying any and all passport, visa, inoculations, or other entry requirements for each destination as well as re-entry into the U.S., and all safety or security conditions at such destinations, in connection with the proposed travel. For information concerning possible dangers at international destinations, check the Travel Advisory Section of the U.S. Department of State website.
There may be times when either party is unable to perform, or complete performance, under the travel contract for reasons out of each other’s control. These are called force majeure events and if occurs, make performing under the contract inadvisable, commercially impracticable, illegal, or impossible. Events that may trigger this provision include, but are not limited to, acts of God, acts of government, acts of war or civil unrest, insurrection or revolts, military action, strikes of or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, pandemics, epidemics, illnesses or health conditions prevalent in the area of travel, earthquakes, hurricanes, lightning, and explosions, unexpected legislation, or any other event outside the reasonable control of either party.
In the event that a force majeure event occurs, the parties will look to and follow the cancellation policies of the suppliers, what is stated in the travel proposal and these terms & conditions. Any changes to those policies are at the sole discretion of the supplier (if applicable) and Travel Agency. Passengers will be informed of their options if a force majeure event occurs.
Important Information regarding COVID 19 and impact on travel
In the Spring of 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Centers for Disease Control (CDC) issued several preventive measures to combat the virus, such as frequent hand washing, wearing a mask or face covering, and keeping at least 6 feet away from others. If contracted, this virus can cause the traveler severe illness. For information on the COVID-19 virus, please visit the CDC webpage at www.cdc.gov.
I understand and agree to the following:
1. COVID-19 is a highly contagious virus that can be spread via person-to-person contact:
2. After reasonable inquiry, Phenomenal Moments Travel provided me with the best available information regarding the pandemic-protective policies and practices of the vendors and suppliers in my travel itinerary.
3. Supplier(s) of Phenomenal Moments Travel may have policies in place to help prevent the spread of COVID-19. Phenomenal Moments Travel is not the drafter or holder of those policies and I understand that these policies can change at any time.
4. I understand that the supplier(s) may not apply those policies as diligently as the policies suggest and even if the supplier makes a good faith effort to enforce its good practices, some travelers may simply refuse to cooperate.
5. I understand that each state/country institutes its pandemic-protective policies and regulations. I further understand that I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all state(s)/countries listed in my travel itinerary, including policy updates. I also understand that I may be denied entry into the country for reasons within or outside of my control:
6. I understand that by traveling, I can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s);
7. I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all vendors used in my travel itinerary, including any policy updates.
8. With full awareness and appreciation of the risks involved, I, for myself, and on behalf of my traveling companions, including, but not limited to, my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, assume all risks of travel and hereby forever hold harmless, waive, discharge, and release Phenomenal Moments Travel its officers, agents, independent contractors, affiliates, employees, successors, and assigns (collectively the ”Released Parties”) from any liability, claims, demands, actions, and causes of action, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties or any third-party vendor or supplier partnering with Phenomenal Moments Travel.
9. I agree to indemnify, defend, and hold harmless the Released Parties from and against any costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any claims made by or against any of the Released Parties due to bodily injury or harm, death, loss of use, monetary loss, or any other injury from or related to my use of Phenomenal Moments Travel services, or the services of travel Phenomenal Moments Travel suppliers or vendors, specifically related to COVID-19.
It is your responsibility to keep yourself informed of all requirements in relation to your trip and any COVID-19 based restrictions, and suggest theses are constantly monitored right up until departure, as they can change at any time.
Travel Agency is not liable for any loss due to failure to read and understand this information, as the considerations included in this document may be critical to your upcoming trip.
For more information, Travel Agency recommends you consult the US Government websites for any specific travel advisory information pertaining to your destination.
VOLUNTARY PARTICIPATION: I acknowledge that I have voluntarily applied to
participate in the trip designated on this application (or a trip which I may change to)
and that I have read the description of the trip as it appears in the current Travel Agency website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.
This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties. Consultant represents and warrants that it is not relying on any statement or representation not contained in this Agreement. To the extent any terms set forth in any exhibit or schedule conflict with the terms set forth in this Agreement, the terms of this Agreement shall control unless otherwise expressly agreed by the Parties in such exhibit or schedule.
If a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect
KNOWING AND VOLUNTARY EXECUTION
Passenger agrees that I have carefully read these Terms and Conditions and the vacation itinerary, and fully understand its contents, including cancellation policies and penalties. I am aware that this is a release of liability and a contract between myself and Travel Agency and agree of my own free will. By submitting a deposit, I agree to these Terms & Conditions and Travel Agency’s Release from Liability, Assumption of Risk and Binding Arbitration Clause for myself, each member of my traveling party and any minor children accompanying me.