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TRAVEL ARRANGEMENTS AGREEMENT
The terms-conditions in this Travel Arrangements Agreement (“Agreement”) apply to any travel arrangements including, without limitation, airfare, hotel, car rental, and cruises made by Aces Abroad LLC (“Aces Abroad”, “we” or “us”) for any customer who does not sign a separate Trip Agreement (“you”).
- CONTRACT: The purchase of any travel arrangements constitutes a contract between you and us and represents your acceptance of all the terms-conditions of this Agreement. Please read and understand the terms of this Agreement prior to purchasing any travel arrangements for any trip (“Trip”). You are responsible for complying with all terms-conditions of this Agreement. The terms-conditions of this Agreement may change periodically and the terms-conditions in effect at the time of purchase will control our agreement. Therefore, you are advised to review the current form of this Agreement prior to booking any travel arrangements. If we receive a verbal order from you, we will ask you to confirm it and your acceptance of these terms in writing. An e-mail sent by you or us constitutes a writing.
- AMENDMENTS/CHANGES: Any amendments or changes to this Agreement must be in writing and signed or acknowledged by both you and us. Conversations cannot modify the terms of this Agreement.
- CHARGES: You are responsible for paying all costs and charges for a Trip. You will be responsible for all charges for all travelers for whom you book travel arrangements. The amounts of any initial deposits, advance payments, and other charges will be set forth in writing and need to be paid on a timely basis. Time is of the essence and failure to timely pay charges is a breach of this Agreement.
- TRAVEL RESERVATIONS: We will attempt to make travel reservations for the services/accommodations requested by you which are confirmed in writing. This includes air, boat, ground transportation, accommodation, tour, guide, entertainment, and restaurant reservations. In order for us to facilitate your travel, you shall provide us with the information necessary for us to make all such reservations, including names of travelers exactly as they appear on the identification required for travel.
- ROOM ACCOMMODATIONS AND TRAVEL ARRANGEMENTS EXCEPT AIR TICKETS: Upon your written confirmation of the arrangements, we will attempt to confirm requested travel arrangements with the providers. Upon confirmation, any non-refundable initial deposit is due to us. All reservations are subject to availability and cannot be guaranteed until we provide a written confirmation to you. If we cannot confirm travel arrangements as requested, we may offer comparable arrangements subject to your acceptance prior to accepting the non-refundable deposit. We cannot hold space without a deposit.
- AIR TRAVEL WITHIN AND OUTSIDE THE UNITED STATES: All tickets purchased by Aces Abroad are non-refundable, non-transferable and subject to substantial penalties for changes unless otherwise specified. We require full payment to purchase air tickets plus ticketing fees. Airfare is likely to change until full payment is received and tickets are issued. For airline tickets to be issued in conformity with the United States Transportation Security Administration’s behind-the-scenes watch list matching program (“Secure Flight”), you must provide to us the following information for all air travelers in addition to payment: full name exactly as it appears on their government issued passport or ID required for air travel, date of birth, gender, and redress number (if applicable). This information will be provided to Secure Flight. If this information is incorrect, travelers may experience delays or denial when trying to board an air carrier and may also be subject to penalties. Any penalties imposed upon the travelers or us resulting from incorrect information provided to us is your sole responsibility. Likewise, any additional costs due to delays or denial of travel resulting from incorrect information provided to us are your sole responsibility. To learn more visit www.tsa.gov/SecureFlight. Aces Abroad makes every attempt to issue accurate travel documents. It is your responsibility to check the documents immediately upon receipt for accuracy. If corrections are required, you must contact Aces Abroad within one business day of receipt of travel documents. Any cost incurred to correct documents after this review period will be your responsibility.
- TRAVEL DOCUMENTS/VACCINATIONS:Travelers must be in possession of valid passports or IDs and any visas, permits, documents, and certificates required for their entire trip. Travelers shall arrange such vaccinations as are normally recommended for the countries through which they intend to travel. Travelers should consult with their national authorities and consulates for specific travel requirements, e.g. www.travel.state.gov. Travelers should also consult their local health service providers or physician for recommended immunizations.
- LUGGAGE: Checked baggage allowances vary by airline and destination and baggage fees are to be paid by the traveler. You may find specific baggage fee information at the air carrier’s website. In some cases, reduced baggage fees are available online on the airline’s website with advance check-in. It is the traveler’s responsibility to contact the airline for their specific flight and baggage limitations. We are not liable for loss or damage to your property or luggage. Baggage insurance is recommended and can be purchased from us.
- ITEMS NOT INCLUDED: Unless provided otherwise in writing, food and beverages, optional activities, passport and visa expenses, personal expenses, gifts, laundry, telephone calls, excess baggage charges, baggage handling, and gratuities are not included in your package. FOREIGN AIRPORT DEPARTURE TAXES MAY NOT BE INCLUDED AND MAY BE PAYABLE IN CASH AT THE AIRPORT ON YOUR DAY OF DEPARTURE.
- ADDITIONAL CHARGES: THE TRAVEL PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL CHARGES DUE TO AN INCREASE IN THE SEAT PRICE, BAGGAGE FEES, FUEL SURCHARGES, CURRENCY EXCHANGE FLUCTUATIONS, GOVERNMENT IMPOSED TAXES OR FEES, OR OTHER CHARGES IMPOSED BY TRAVEL SUPPLIERS OR GOVERNMENT ENTITIES. YOU CONSENT TO THE POTENTIAL FOR ANY SUCH INCREASES AND AGREE TO PAY US IF SUCH CHARGES APPLY.
- OUTSTANDING AMOUNTS OWED: Any amounts owed to us that remain unpaid after 30 days of receipt of an invoice will incur a finance charge of 1.5% per month, or the maximum amount allowed by law, whichever is less, commencing on the date of the invoice. You must reimburse all costs of collection we incur, including reasonable attorneys’ fees or collection agency fees, in trying to recover amounts owed by you to us.
- ADVANCE PAYMENTS: If advance payments are required and not paid on a timely basis, we may, at our option, cancel the travel arrangements and be entitled to cancellation fees as provided in this Agreement. International events may require we pay suppliers in foreign currencies. We will estimate the conversion rate at the time of invoice. The difference between the actual rate at the time suppliers are paid and the estimated rate will be billed or credited back to you in the following invoice.
- PAYMENT METHODS: We accept check, electronic bank payments, and the following credit cards: Visa, Master Card, Discover, and American Express. We charge, and you agree to pay, a 4% processing fee for all charges paid with a credit card.
- CANCELLATION: If the travel plans are cancelled by you for any reason, or by us because you have not paid any applicable advance payments on time, or if you change the Trip dates or services included, we shall receive the following cancellation fees: A $50.00 per person administrative fee plus any supplier fees will be charged by us for any change to a confirmed booking. Airline cancellation charges will be assessed according to airline policies at time of cancellation. A $200.00 non-refundable service fee, plus any non-recoverable expenses incurred by our suppliers, will be charged on all tour packages if cancelled more than 60 days prior to departure. The following fees, plus any non-recoverable expenses charged by our suppliers, will be assessed on tour packages cancelled within 60 days of departure:
60 – 45 days…25% of tour cost
44 – 30 days…50% of tour cost
29 – 15 days…75% of tour cost
14 days or less…100% of tour cost.
Your notice of cancellation shall only be valid once the full cancellation fee has been received by us. We may not release accommodations held in your name until payment has been received. Therefore, delay in payment may result in higher cancellation damages owed.
All cancellation notices must be received in writing and will be effective the first business day after we receive notice. Leaving a trip in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a trip. Any transportation tickets issued are subject to the carrier’s refund policy. We are not responsible for any refund for non-refundable airline tickets, ticketing fees or for any airline tickets purchased by a traveler directly from an airline or travel agent.
Trip-cancellation insurance is available at an additional cost and is strongly recommended. Please contact us if you desire to purchase trip insurance or visit www.travelguard.com.
If we have to cancel arrangements due to circumstances beyond our control (e.g. fire at hotel), we will attempt to find replacement suppliers of comparable quality at comparable prices and the Trip shall not be cancelled if such replacement suppliers can be found. Supplier’s fees which are earned by suppliers, or not returned by suppliers in the event of cancellation, will not be reimbursed to you even if they exceed the amount of the cancellation fee. If we cancel the Trip due to circumstances beyond our control and we receive a refund from a supplier, we will retain 15% of the refund as a cancellation fee.
- INDIVIDUAL PROPERTY: We are not responsible for any loss or damage to property belonging to you or your travelers and do not maintain insurance to cover it.
- PHYSICAL DISABILITIES: Any disability requiring special attention or treatment must be reported to us when the reservation is made. Any person who cannot travel independently or who needs any form of assistance must be accompanied by a companion who can ably attend to the person’s specific needs. On some Trips, companion care may not be sufficient to allow participation in all activities (e.g. scuba diving, zip lines, etc.). If requested by you, we will attempt to confirm accessibility features for individuals with disabilities and, where possible, will attempt to obtain suppliers who will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensure your travelers have equivalent access to the features, services, and accommodations. One month in advance of your Trip, you will provide us a list of any auxiliary aids needed by your travelers. You will be responsible for the procurement and payment of all charges for any and all auxiliary aids.
- ACKNOWLEDGMENT OF RISK:You understand and acknowledge that travel in connection with and participation in the Trip may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of suppliers, our contractors or agents, or the negligence or participation of other participants. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge the aforementioned risks, dangers, and hazards are a potential in connection with activities which may take place during the Trip.
- EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which you are intending for the travelers to engage, you confirm the travelers are physically and mentally capable of participating in the planned activities and you assume full responsibility for any injury, loss, or damage suffered by you or your travelers or caused by you or your travelers, whether caused in whole or in part by the negligence of us, our owner, agents, employees, suppliers, contractors, or subcontractors. It is your responsibility to ensure all travelers meet all requirements to participate in any planned activities (e.g. scuba diving certification if diving, physical ability for white water rafting, age limits for drinking establishments, etc.).
- INDEMNIFICATION: (A) We organize, promote, and sell tour programs using independent ground operators, hotels, airlines, and other suppliers (“suppliers”). We do not own, operate, manage, control, or supervise suppliers and therefore you agree to not, and not seek to, hold us liable for any suppliers’ acts or omissions, including any negligence, gross negligence, or reckless or willful acts and agree to indemnify us against any of your travelers’ claims against us related to any action or inaction by a supplier whether in form of negligence, intentional misconduct, or any other type of claim. The suppliers shall be solely responsible for providing their services.
(B) We are not liable for any loss, damage, injury, or death due to delay, cancellation, or disruption in any manner caused by (1) the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or (2) by acts of God, strikes, weather, fire, flood, war, rebellion, civil unrest, terrorism or criminal activities or the threat thereof, insurrection, sickness, quarantine, epidemics or the threat thereof, illness, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, marine life, or vegetation of any sort, dangers incident to recreational activities such as kayaking, sailing, canoeing, rafting, hiking, bicycling, etc., sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, negligence of medical personnel of for any other causes beyond our control. You waive any claim against us for any such loss, damage, injury, or death and indemnify us against any claims by any travelers against us for such events (including any costs and attorneys’ fees we incur as a result of such claims).
(C) To the fullest extent permitted by law, you must protect, indemnify, defend, and hold harmless Aces Abroad LLC and its suppliers, and their respective owners, managers, partners, subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the “Aces Abroad Indemnified Parties”), from and against any and all claims, losses, or damages to persons or property, governmental charges or fines, penalties, and costs (including reasonable attorneys’ fees) (collectively, “Claim(s)”), in any way arising out of or relating to the Trip, and regardless of negligence, including, but not limited to, Claims arising out of the negligence, gross negligence or intentional misconduct of your employees, agents, contractors, and travelers; provided, however, that nothing in this indemnification shall require you to indemnify Aces Abroad Indemnified Parties for that portion of any Claim arising out of the sole negligence, gross negligence, or intentional misconduct of Aces Abroad Indemnified Parties.
- ATTORNEYS’ FEES: If any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any proceeding will be entitled to recover an award of its attorneys’ fees and costs.
- LIMIT ON LIABILITY: We are not responsible for any damages caused to you that exceed the amount of money we have been paid by you for the Trip. You must not bring any type of claim or lawsuit against us seeking to recover an amount of money greater than what you have paid to us for the Trip.
- CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES:REGARDLESS OF THE SITUATION OR CIRCUMSTANCES GIVING RISE TO A CLAIM, YOU WAIVE ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES AGAINST US AND OUR OWNERS, MANAGERS, AGENTS, SUPPLIERS, CONTRACTORS, SUBCONTRACTORS, AND EMPLOYEES, FOR ANY REASON WHATSOEVER.
- SEVERABILITY AND WAIVER: Any provision in this Agreement that is held to be illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions. Any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible to affect the original intention of the provision. Our failure to enforce any term or condition of this Agreement does not waive our right to enforce that or any other term or condition at any time.
- DISPUTE RESOLUTION: This Agreement and any actions and proceedings brought hereunder shall be governed by the laws of the state of Illinois, without regard to conflicts of laws principles. Any action or legal proceeding to enforce any provision of, or based on any right arising out of, this Agreement shall be brought exclusively in the state or federal courts of Lake County, Illinois and you consent to the exclusive jurisdiction of such courts and waive any objection to venue or jurisdiction in connection therewith.
- WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
- AGREEMENT FOR PARTIES’ BENEFIT: Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of you and us and not for the benefit of any third parties.
- ENTIRE AGREEMENT: This Agreement represents the entire agreement between you and us and all prior agreements and any advertising, marketing, or other sales literature shall not be a part of this Agreement unless from its face it is meant to be incorporated herein (e.g. price and travel arrangements shall be incorporated into this Agreement).
- HEADINGS: The headings in this Agreement are included for convenience purposes and shall in no way be deemed to limit the effect of any part of this Agreement.
- SUCCESSORS AND ASSIGNS: The commitments made by you will be binding on your successors and assigns. You may not assign this Agreement or any rights hereunder without our written consent.
- NOTICES AND SIGNATURES: For purposes of this Agreement and any amendment or modification thereto, or for any other notice or communication between the parties, signatures sent or received by facsimile transmission or other electronic signature copies, including PDF signatures on e-mailed documents, will be considered as enforceable and valid as an original signature by the party signing. The effective date of communications between the parties will be determined as follows:
(A) Communications sent via U.S. Mail or private mail delivery service (i.e. Fed Ex) will be effective as of the date sent;
(B) Communications sent via facsimile will be effective as of the date and time on the facsimile confirmation sheet retained by the sender;
(C) Communications sent via e-mail will be effective as of the date and time sent.
For the avoidance of doubt, emails identifying the sender, when agreed to by both you and us, can constitute signed writings for purposes of this Agreement.
Version Date: July 1, 2012