Terms
These terms and conditions (“Agreement”) govern the relationship between Mario Yang, an independent travel advisor (“Travel Advisor” or “we”) on one side and you, the purchaser of travel services or lead traveler (“Client” or “you”) on the other.
Use of Travel Advisor’s Services
You represent and warrant that:
- You are at least 18 years of age and are authorized to enter into this Agreement and make travel bookings with Travel Advisor;
- The information you provide (whether for you or on behalf of others) is true and accurate, and you will continue to provide updated information throughout your engagement with Travel Advisor; and
- You will abide by the terms and conditions of this Agreement and any terms and conditions of our travel suppliers or partners that are applicable to your booking.
Independent Travel Advisor
Travel Advisor is an independent travel advisor of Fora Travel, Inc. (“Fora”) and operates its own separate travel business. Client understands and agrees that: (i) Travel Advisor is not an agent, representative or employee of Fora; (ii) Fora is a technology provider and host agency, not a travel service provider; (iii) Client will have no claim against (nor will Client file any claim against) Fora for losses or damages resulting or arising from the provision of services by Travel Advisor; and, (iv) notwithstanding anything to the contrary in this Agreement or otherwise, Fora is not a party to this Agreement for any purpose. Client expressly waives any claims, demands, or causes of action against Fora arising from or relating to any travel arrangements, advisor services, cancellations, disputes, or any other matters related to this Agreement.
Services; Planning Fees
Travel Advisor will provide Client with travel planning services, which may include researching and booking travel arrangements such as accommodations, transportation, activities and tours based on Client’s preferences and budget, as well as any other services agreed to by the parties in writing.
Existing Bookings; Agent of Record. Travel Advisor may be engaged to review, improve or take over bookings Client made before engaging Travel Advisor. Requesting that review is itself an engagement of Travel Advisor’s services, and this Agreement governs it in full from that point, whether or not any fee is charged and whether or not any booking is ultimately changed. Where a supplier permits it, Travel Advisor may be added as agent of record on such a booking. Once Travel Advisor has been successfully added as agent of record, that booking is treated under this Agreement as a booking made by Travel Advisor, and every provision of this Agreement applies to it as though Travel Advisor had made it, including the provisions governing suppliers and the limitations of liability set out below.
Cancellation and Rebooking. Where improving an existing booking requires canceling and rebooking it, Travel Advisor’s practice is to confirm the replacement reservation before canceling the original, and Travel Advisor will follow that practice wherever the supplier’s process permits. Client acknowledges that rates, availability, room and fare types, and supplier terms can change without notice, and that a supplier may cancel, decline, misprocess or fail to honor a reservation for reasons outside Travel Advisor’s control. CLIENT AGREES THAT TRAVEL ADVISOR IS NOT LIABLE IF CLIENT IS LEFT WITHOUT A RESERVATION, WITHOUT AN EQUIVALENT RESERVATION, OR WITHOUT THE ORIGINAL RATE, ROOM TYPE OR FARE, FOR ANY REASON, AND THAT NO SUCH EVENT ENTITLES CLIENT TO ANY REFUND, CREDIT OR COMPENSATION FROM TRAVEL ADVISOR. Client’s recourse in that event, if any, is against the supplier.
Travel Advisor may charge a planning fee for its services, which will be mutually agreed with Client in writing and is due before Travel Advisor begins work on an itinerary. Whether a planning fee is refundable depends on the service Client has purchased, as described by Travel Advisor at the time of engagement.
Refundable planning fees. Where Travel Advisor offers a service with a refundable planning fee, Travel Advisor will refund that fee in full if Client travels on a booking made by Travel Advisor. The refund is issued on the scheduled departure date of the first booking Travel Advisor made for Client, and not at the time of booking. The refund applies per destination or per itinerary, so where Client has paid fees for more than one destination or itinerary, Travel Advisor refunds only the fees for those on which Client travels on a booking made by Travel Advisor. Where travel is booked well in advance, Travel Advisor may return the fee by bank transfer rather than to the card originally charged.
Non-refundable planning fees. Planning fees for group and event services are non-refundable. An otherwise refundable planning fee is not refunded if Client does not book travel through Travel Advisor for the applicable destination or itinerary, if Client ends or abandons planning before travel is booked, or if the booking is canceled before its scheduled departure date. Planning fees compensate Travel Advisor for research and work that does not unwind, and that work is not recoverable once performed.
Ticketing and service fees. Fees charged for airfare-only bookings are service fees, not planning fees, and are non-refundable once tickets are issued.
Suppliers; Client’s Responsibility
Travel Advisor’s role is to make travel reservations for the Client upon request and to act as liaison between Client and travel suppliers, ensuring the itinerary runs smoothly.
Client acknowledges that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased and that travel documents may be issued by third party booking channels selected by Travel Advisor. Client consents to the use of the suppliers disclosed to Client and is responsible for due diligence of the suppliers chosen by Client or the traveler and quality of their services. Client agrees that the Travel Advisor will not be responsible if the Client is not satisfied with the final choices.
Upgrades and VIP Amenities. Travel Advisor may request room upgrades, amenities, or other VIP treatment on Client’s behalf as a courtesy of its supplier relationships. Client understands and agrees that any such upgrades, amenities, or special treatment are entirely at the discretion of the supplier, are subject to availability at time of arrival, and are never guaranteed regardless of any request made or anticipated by Travel Advisor. Travel Advisor bears no responsibility and Client is not entitled to any refund, credit, or compensation if a requested upgrade or amenity is not honored by the supplier.
Travel Advisor makes no guarantee of a supplier’s rates, bookings, quality of services, or special requests. Each supplier is an independent entity with its own management and is not subject to Travel Advisor’s control. Travel Advisor bears no responsibility for any changes, delays, alterations, modifications or cancellations of an itinerary or booking made by a supplier, other third party or due to force majeure and does not cover associated costs.
Travel Bookings
Rates: All quoted prices are in USD unless otherwise indicated and are subject to change without notice. You understand and agree that many suppliers employ dynamic pricing and prices are based on several factors, including demand and availability. Prices cannot be guaranteed until the applicable service is booked and the deposit, if applicable, is received.
Currency Fluctuations: Client is aware that there may be currency fluctuations that may affect the final amount due for the Client’s reservations.
Confirmed Bookings: All bookings are subject to availability and confirmation by Travel Advisor.
Personal Information: Client authorizes Travel Advisor’s use of Client’s personal information for bookings, airfare/airline tickets, tours, cruises, restaurant reservations and any other services requested by the Client.
Payment: Client will pay for all travel services promptly when due by paying the supplier directly or, if directed by Travel Advisor, by paying Fora who will process the payment on behalf of a supplier.
Credit Card Authorization; Disputes and Chargebacks: You may choose to keep a credit card on file with Travel Advisor which Travel Advisor may charge for any travel services and associated amounts that are expressly authorized by you. You further certify that you are an authorized user of any credit card provided to Travel Advisor. YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TRAVEL ADVISOR OR OUR TRAVEL SUPPLIERS OR PARTNERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND OUR CONTROL, UNLESS THE PRODUCT OR SERVICES PURCHASED WERE NEVER PROVIDED OR GROSSLY MISREPRESENTED. You agree to notify Travel Advisor immediately if any products or services purchased are not as expected and to give Travel Advisor a reasonable opportunity to assist in finding an acceptable resolution with the supplier responsible for providing the product or services.
Fees from Independent Travel Arrangements: Travel Advisor is not responsible for costs and fees incurred for travel arrangements made independently of Travel Advisor.
Nonrefundable Bookings; Modifications and Cancellation Fees: Client understands and agrees to all terms and conditions of suppliers from which it has purchased travel services, and that Client is subject to the deposit, cancellation, modification and refund policies of each individual supplier. Client also agrees to provide Travel Advisor with a minimum of 48 hours’ notice in writing for Travel Advisor to effect any cancellation or modification requests. Travel Advisor will not be liable for any penalties imposed on Client due to untimely requests by Client. Client further agrees that to the extent Travel Advisor incurs any fees or expenses because of modification or cancellation of a booking, such costs and expenses will be passed on to Client.
Groups and Events
This section applies to any engagement Travel Advisor and the organizer agree to treat as a group or event engagement, which Travel Advisor will confirm in writing at the time of engagement. Where this section conflicts with any other provision of this Agreement, this section controls for that engagement.
Contracting Parties. For a group or event engagement, the group organizer — whether an individual, a company, an organization or another entity — is the Client and the sole contracting party under this Agreement. Where the organizer is an entity, the individual who engages Travel Advisor represents and warrants that they are authorized to bind that entity, and that entity is the Client. Individual travelers within the group are not parties to this Agreement and are not Clients of Travel Advisor unless they separately engage Travel Advisor on their own behalf. Travel Advisor owes its obligations under this Agreement to the organizer alone, and no individual traveler acquires any right, claim or remedy against Travel Advisor by participating in the group.
Travel Advisor Is Not a Signatory. Where a supplier offers a contracted rate, room block, event space or similar arrangement, that contract is between the supplier and the organizer. Travel Advisor is the organizer’s advisor in the arrangement and is not a party, signatory, guarantor or surety to it, and assumes no obligation under it. Travel Advisor may, as a courtesy, walk the organizer through the terms a supplier proposes before the organizer signs, and may tell the organizer when Travel Advisor believes a contracted arrangement is not appropriate for the group. Any such explanation or opinion is a courtesy and is not legal advice. The organizer is responsible for reading and understanding any contract it signs, for obtaining its own legal advice on that contract, and for the consequences of signing it.
Organizer’s Obligations. The organizer is responsible for collecting and transmitting complete and accurate traveler information to Travel Advisor; for communicating to its travelers any supplier terms, deadlines, deposit schedules and cancellation policies that apply to them; for collecting any amounts owed by individual travelers; and for making all payments due under any contract it has signed. Travel Advisor is not responsible for collecting funds from individual travelers, for any traveler’s failure to pay, or for any traveler’s failure to meet a deadline or requirement that Travel Advisor communicated to the organizer.
Attrition, Minimums and Penalties. Contracted group arrangements commonly carry room block attrition provisions, food and beverage or other spend minimums, cut-off dates, forfeitable deposits and cancellation penalties. THESE OBLIGATIONS RUN BETWEEN THE SUPPLIER AND THE ORGANIZER, AND THE ORGANIZER IS SOLELY RESPONSIBLE FOR THEM. TRAVEL ADVISOR IS NOT LIABLE FOR ANY ATTRITION CHARGE, UNMET MINIMUM, FORFEITED DEPOSIT, CANCELLATION PENALTY OR OTHER AMOUNT THAT BECOMES DUE UNDER A CONTRACT THE ORGANIZER HAS SIGNED, INCLUDING WHERE THE GROUP FILLS FEWER ROOMS, SPENDS LESS, OR TRAVELS IN SMALLER NUMBERS THAN THE ORGANIZER ANTICIPATED.
Conduct and Claims Within the Group. Travel Advisor is not responsible for the acts, omissions or conduct of any member of the group, including no-shows, late arrivals, damage to supplier property, or a traveler’s failure to hold valid travel documents. The organizer will indemnify and hold Travel Advisor harmless against any claim, demand, loss or expense brought against Travel Advisor by a member of the group arising out of or relating to the group engagement, except to the extent it arises from Travel Advisor’s own gross negligence or willful misconduct.
Group Planning Fees. Planning fees for group and event engagements are non-refundable in all circumstances, including where the group does not travel, as set out under Services above.
Travel Insurance
Travel insurance is not included unless expressly stated and purchased by Client. Travel insurance can protect against supplier issues, delays, cancellations, medical emergencies, lost luggage, and more. Proper insurance helps safeguard against financial loss in most situations. Without appropriate travel insurance, you understand and agree that if you cancel your travel or your trip is interrupted for any reason, Travel Advisor and travel suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs.
Offer and Declination. Travel Advisor will offer Client the option of travel insurance on trips involving significant prepaid cost or international travel. Client is free to decline, and many travelers do so in reliance on an existing policy or credit card coverage. Where Client declines the offer, does not respond to it, or elects coverage narrower than the trip warrants, Client accepts the risks and consequences described above. Any policy Client purchases is a product of the insurer, and the insurer’s own terms, exclusions and limits govern it. Travel Advisor does not assess whether a policy is suitable for Client’s circumstances and is not responsible for coverage an insurer limits, declines or denies. Client is responsible for reviewing any policy before purchase, including its medical coverage.
Government Identification and Travel Advisories
Denial of Entrance. You understand that Travel Advisor is not responsible for the denied entry into any country for any guest and that all guests are responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on the guest’s photo I.D., and travel document information must match tickets. You understand that minors unaccompanied by birth parents will need a permission letter for travel outside the U.S. and any travelers with criminal convictions may be denied entry to certain countries, including Canada. Each guest is responsible for determining if issues are present with the immigration/customs process into a foreign country. BEING DENIED ENTRY FOR ANY REASON MAY RESULT IN A COMPLETE FINANCIAL LOSS ASSOCIATED WITH YOUR TRIP AND DOES NOT ENTITLE YOU TO ANY REFUND.
Passports. You understand that a passport is required for international travel, including for children & babies and that for some countries (including Mexico, Costa Rica, St. Lucia, Europe) passports must be valid 6 months after the date of travel. Additionally, a visa may be required by applicable government regulations. WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO ENSURE THE INFORMATION IS CORRECT.
Entry Requirements Flagged as a Courtesy. Travel Advisor may, as a courtesy, flag entry requirements it is aware of for Client’s destinations, including passport validity rules such as the one described above. Any such information is a courtesy only. It is not immigration, legal or visa advice, it is not represented to be complete or current, and it does not transfer any responsibility to Travel Advisor. Entry requirements change, and vary by each traveler’s nationality and personal circumstances. Client remains solely responsible for confirming passport, visa and entry eligibility for every traveler against the official source for that traveler’s passport, and for doing so before any booking becomes non-refundable. Travel Advisor’s failure to flag a requirement, or the flagging of a requirement inaccurately or incompletely, does not entitle Client to any refund, credit or compensation.
Traveling with Minors. Children and infants may also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov for additional information. Parental or legal guardian consent must be provided to the supervising adult or group leader in writing.
Travel Advisories. Travel to certain destinations or during certain times may involve greater risk than others (especially as it relates to COVID-19/other communicable diseases and evolving geopolitical tensions). Changes in travel advisories (i.e., government-issued warnings, recommendations or notices regarding safety, security, health risks or other travel-related concerns in certain destinations) shall not supersede the cancellation and refund policies of travel suppliers or partners. Client acknowledges that unless they have applicable travel insurance coverage, changes to travel advisories or personal concerns, including anxiety or discomfort regarding a destination, do not entitle you to a refund, credit, or other compensation. It is your responsibility to review and understand travel advisories issued by the United States and the destinations you will be visiting. Travel Advisor does not represent that travel to locations, even locations for which it provides services to, is advisable or without risk. CLIENT’S PARTICIPATION IN ANY TRAVEL CONSTITUTES ACCEPTANCE OF SUCH RISK.
Liability; Damages; Force Majeure
TRAVEL ADVISOR ACTS SOLELY AS AN AUTHORIZED SELLER FOR DISCLOSED TRAVEL SUPPLIERS AND PARTNERS AND HAS NO CONTROL OVER THEIR OPERATIONS. THEREFORE, TRAVEL ADVISOR IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY ISSUES ARISING FROM THESE TRAVEL SUPPLIERS’ AND PARTNERS’ SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, LIABILITY FOR ACTS, ERRORS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, SERVICE FAILURES, CANCELLATIONS, REFUND POLICIES, PRICE CHANGES, BANKRUPTCY, OR OPERATIONAL CESSATION. TRAVEL ADVISOR DISCLAIMS ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE GOODS OR SERVICES PROVIDED BY THESE SUPPLIERS, AND YOU AGREE TO RELEASE TRAVEL ADVISOR FROM ANY SUCH CLAIMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRAVEL ADVISOR HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TRAVEL ADVISOR WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY TRAVEL ADVISOR.
Travel Advisor is not liable for any failure or delay in fulfilling obligations under this Agreement due to causes beyond its control, including natural disasters, accidents, civil unrest, war, terrorism, pandemics, equipment failures, government actions, or other unforeseen events. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
General
Modifications. Travel Advisor reserves the right, in its sole discretion, to amend this Agreement at any time. Updated versions of this Agreement are effective immediately upon provision to Client.
Governing Law; Venue. The laws of the State of New York govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Brooklyn, New York in all disputes arising out of or relating to travel bookings with Travel Advisor.
Third Party Beneficiaries: This Agreement is for the sole benefit of Travel Advisor and Client and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer any rights, benefits, or remedies upon any person or entity other than the parties to this Agreement.
Timeliness; Claims; Class Action Waiver. Any claim against Travel Advisor must be brought within 12 months after the date of the completion of the trip and not later. TRAVEL ADVISOR SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OTHER THAN COMPENSATORY DAMAGES, AND YOU WAIVE ANY RIGHT TO CLAIM PUNITIVE OR EXEMPLARY DAMAGES. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS ACTION, PROPOSED OR PURPORTED CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, REGARDLESS OF THE TYPE OF PROCEEDING.
Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed in a manner that best achieves the original intent of the parties.
Headers. Headings are for convenience only and “including” and similar terms are to be construed without limitation.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
Acceptance. Travel Advisor does not ask Client to sign this Agreement. Client accepts this Agreement, and agrees to be bound by it, by engaging Travel Advisor’s services — including by requesting travel planning, recommendations or bookings, by asking Travel Advisor to review or take over a booking Client already holds, by paying a planning or service fee, by providing traveler or payment information, or by asking Travel Advisor to make, modify or cancel a booking. If Client does not agree to these terms, Client should not engage Travel Advisor’s services. Where a supplier, group contract or other third party separately requires Client’s signature, that signature is in addition to this Agreement and does not replace it.