These terms and conditions (“Terms and Conditions”) govern the relationship between Anywhere With Ali (“AWA,” “us,” or “our”) and you, the purchaser and/or traveler (“Client,” “you,” or “your”). By planning travel with AWA, you agree to be bound by these terms and acknowledge that AWA acts solely as a booking agent for suppliers of tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and AWA is not the source or provider of travel services. These terms include disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to AWA. You acknowledge that you are hiring us to plan your trip and that you have read and agree to our Terms and Conditions below. These Terms and Conditions constitute a binding agreement (the “Agreement”) between you and AWA.
USE OF AWA SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with AWA. You agree to be financially responsible for all your travel bookings made by you for yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with AWA and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited. All bookings are accepted by AWA as agent for the Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved. AWA is an Independent Contractor of Gifted Travel Network, California Seller of Travel 2113317-40, Florida ST39093, Washington #603308394. Registration as a seller of travel does not constitute approval by the State of California.
PROFESSIONAL SERVICES FEE
When you retain AWA to help plan your travel, you’re hiring a professional travel advisor to ensure that your trip is tailored to your taste, preferences, and budget. You receive the benefit of our skill, experience, and training, our professional relationships, and our industry connections. We may charge you a Professional Service Fee in advance or at any time during the performance of our services. This Professional Service Fee is non-refundable (regardless of whether you proceed to book travel with us or later cancel your trip), is separate from the cost of your travel, and will not be credited toward any portion of your travel costs. Our Professional Services Fee covers consultations, research, and recommendations, preparation of quotes and itineraries, making reservations and booking for each travel element of the trip, securing quotes for comprehensive travel insurance, administration of your booking from deposit to departure, and follow-up post-trip with suppliers (as needed).
PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through AWA. You agree to allow AWA to use your payment method you provide to purchase travel products from our Suppliers that you authorize on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF AWA OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF AWA OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, AWA RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES. All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s terms and conditions may result in cancellation of your reservations, in your being denied access to flights, tours, hotels, cruises, or other travel services, and/or forfeiting any monies paid for your reservations. In many cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to AWA in writing; however such requests does not guarantee cancellation and/or refund. As a result of cancellation, AWA’s and third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from your refund.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, United States passport, or a foreign government passport, however, additional or other identification may be required dependent on governmental regulations. The name, date of birth and gender that appears on the applicable identification must exactly match the same such data that is listed on your travel documents, airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at security checkpoints, causing you or your travel companions to miss flight(s), cruises, and subsequent scheduled travel bookings, such as hotels and tours. WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT AWA IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED. AWA strongly recommends that you consider that certain countries will not admit a visitor if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. You are responsible for any additional documentation required and to make AWA aware when traveling on a passport from a country other than the United States of America. AWA neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, AWA is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis. Children and infants 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 U.S. Customs and Border Protection’s website page, Children traveling to another country without their parents for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. We do not inquire about an individual’s criminal record in the interest of respecting your privacy; however, certain countries may have entry requirements. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review Canada’s entry requirements.
MARIJUANA AND OTHER ILLICIT DRUGS
Marijuana is a controlled substance under United States federal law. The sale, possession, production, distribution or the facilitation of both medical and recreational marijuana remains illegal under U.S. federal law. As federal law prohibits the importation and exportation of marijuana, crossing the international border or arriving at a U.S. port of entry with marijuana may result in seizure, fines, and/or arrest, and may impact admissibility. Similarly, marijuana (and other illicit drugs) is illegal under many foreign country laws with significant potential implications, such as arrest. AWA advises not to travel with any substance that is prohibited under Federal, state or local laws, or the countries that you visit during your trip.
HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
INSECTICIDE NOTICE
We recommend that you refer to the U.S. Department of Transportation’s list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the US DOT’s website and is updated from time to time.
HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. AWA shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
AWA shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. By checking in for a flight, tour or cruise, you may be agreeing to additional terms and conditions imposed by the Supplier. If you have authorized AWA to check you in for any component of your trip, that you take full responsibility for agreeing to and complying with the Supplier’s terms and conditions of check-in.
ERRORS; OFFERS SUBJECT TO AVAILABILITY
We are not responsible for pricing errors or omissions. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on a Supplier’s contract rates, you will not be entitled to any refund for any unused portion of travel. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy. If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to AWA. The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and AWA bears no responsibility for any changes.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
AWA acts solely as a booking agent for Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of AWA. The Suppliers whose names appear in travel documentation are those responsible for providing the travel services purchased, and you consent to the use of those Suppliers. BECAUSE AWA ACTS AS AGENT FOR INDEPENDENT OPERATORS AND SUPPLIERS AND DOES NOT CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT AWA IS NOT LIABLE FOR ANY LOSSES OR DAMAGES THAT MAY ARISE OUT OF SERVICES PROVIDED BY SUCH INDEPENDENT OPERATORS AND SUPPLIERS, INCLUDING WITHOUT LIMTATION, PERSONAL INJURY OR PROPERTY DAMAGE. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE AWA FROM, AND AWA 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 SUPPLIER, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, A FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS, ALL OF WHICH ARE OUTSIDE OF AWA’S CONTROL, AND YOU HEREBY EXONERATE AWA FROM ANY LIABILITY WITH RESPECT TO THE SAME. AWA HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM AWA WILL BE LIMITED TO THE AMOUNT OF COMMISSION ACTUALLY RECEIVED BY AWA FROM SUCH SUPPLIER, IF ANY; PROVIDED, HOWEVER, IN NO EVENT SHALL AWA’S LIABILITY EXCEED $1,000 INDIVIDUALLY OR IN THE AGGREGATE FOR ANY BOOKING OR SERVICES.
RISKS AND SAFETY
Travel to certain destinations may involve greater risk than others. AWA urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/. BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, AWA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
FORCE MAJEURE
AWA will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any causes beyond its reasonable control, including without limitation the following causes: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, labor stoppages, shortages or lack of availability of materials or energy, and any other circumstance. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS. In addition, each of AWA’s Suppliers have terms and conditions which include Force Majeure provisions. If a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you because of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies.
CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. AWA is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
TRAVEL INSURANCE
THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS. AWA OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION, EVACUATION AND REPATRIATION, BAGGAGE & PERSONAL EFFECTS, LOST LUGGAGE, BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT, SICKNESS, MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROVIDE YOU WITH PROTECTION AGAINST FINANCIAL LOSS IN THESE CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and AWA’s and travel Suppliers’ cancellation policies will apply, possibly resulting in the financial loss, up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any product or service offered by AWA, however if you decline to purchase insurance, you acknowledge that you have been advised of the importance and understand that you are solely liable for any Suppliers’ fees, including airline fees and AWA fees that may apply. You waive and release AWA, its officers, directors, members, employees and agents from and against all loss or damage in connection with the travel services and/or bookings procured without travel insurance. AWA may require that you execute additional waivers in confirmation of the foregoing. AWA is not a licensed insurance broker, and its advisors 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. An additional charge applies for any travel insurance selected. AWA CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms are effective immediately on posting or providing a copy to Client.
GENERAL
The laws of the State of New York govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, New York in all disputes arising out of or relating to travel bookings with AWA. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and AWA with respect to travel bookings made with AWA by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and AWA with respect to communications with AWA. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Your Advisor
Ali Slapo
Anywhere with Ali
ali@anywherewithali.com
516-410-5500
