Booking Terms
Last updated: February 26, 2024
These terms and conditions, including all brochures, documents, correspondence, and the terms and conditions of our Suppliers (“Terms and Conditions”) govern the contractual legal relationship (“Agreement”) between Shoreline Destinations LLC (“SD”, “we”, “us”, “our”) and you, the purchaser and/or traveler (“Client”, “passenger”, “traveler”, “you”). By planning travel with SD or paying our planning fees, you are 1) accepting all the Terms and Conditions laid out herein, and acknowledging that you have read these Terms and Conditions and agree to be bound by them, and 2) acknowledging that SD utilizes vetted, independent third-party suppliers such as destination management companies, 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 Travel Products (“Supplier(s)”). SD is not the source, owner, operator or provider of the Travel Products. These terms include warranties, disclaimers, exclusions of liability and waivers of class action, venue selection and notice clauses, and may restrict your rights and remedies and provide protection to SD.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
1. USE OF SD SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You represent and warrant 1) that you are at least 18 years of age, and possess the legal authority to enter into this Agreement and create binding legal obligations in connection with your travel bookings with SD; 2) that you will be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party, and are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf; 3) 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 SD and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by SD on behalf of the travel Suppliers on your itinerary. SD does not provide, own, or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruise, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by vetted third party Suppliers that are solely responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. 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 providing Travel Products to you. Your interaction with any Supplier is at your own risk; SD does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that SD acts only as agent for the traveler in acquiring Travel Products for the travelers’ benefit, and on the express condition that SD shall not be responsible for any loss, accident, injury, delay, defect, liability or irregularity which may occur or be occasioned by reason of any act, omission negligence, bankruptcy or default of any Supplier, company or person engaged in or responsible for providing any of the Travel Products, or otherwise in connection therewith.
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
2. PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through SD. By submitting a credit card authorization form to SD, you agree 1) to allow SD to use your payment method to purchase travel products from our Suppliers on your behalf; 2) to these Terms and Conditions, including the cancellation terms; and 3) not to make any improper chargebacks.
Information concerning our planning fees and travel change fees (collectively, “Agency Fees”) are available at https://www.shorelinedestinations.com/payments. All Agency Fees are NON-REFUNDABLE.
In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our services to make a reservation, you accept and agree to our cancellation policy. SD retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of SD or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
YOU AGREE NOT TO MAKE ANY IMPROPER CHARGEBACKS. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY TERMS AND CONDITIONS OF SD OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF SD OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, SD RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY 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 conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. In some 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 SD in writing and are effective from the date we receive the written notification. Our planning fees are NON-REFUNDABLE and vary by travel advisor and destination - please contact us and we will provide more information on our NON-REFUNDABLE planning fees. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions, as described above. If you are entitled to a refund, please note that the Supplier is solely responsible for this refund, not SD. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, or for Supplier bankruptcy or insolvency.
As a result of cancellation, SD'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 the Supplier’s refund.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation policies for cruises vary by cruise line. You will be advised of their cancellation policy at the time of booking.
3. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client 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 in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are a DHS-designated enhanced driver’s license, a passport, or a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation. Visas are required when they apply. Non-USA citizens may require additional documentation. Children and infants also require all such 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. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT SD IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
SD strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. Client is responsible to make SD aware when traveling on a passport from a country other than the United States of America. SD neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, SD 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 https://help.cbp.gov/s/article/Article-3643 for additional information.
Names provided to secure reservations must match travelers’ respective passports. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
4. 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. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp. Regardless, if you are denied access to a country or a Supplier due to a conviction, SD shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
5. 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.
6. INSECTICIDE NOTICE
We recommend that you refer to the DOT 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 DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
7. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. SD shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final 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. Recommended inoculations and vaccinations for travel may change and if you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. 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 or inoculation requirements.
8. ACCESSIBILITY, TRAVELERS WITH DISABILITIES, SPECIAL TRAVEL NEEDS.
Travelers with disabilities or special needs, including food allergies or dietary restrictions who may require non-emergency special services, additional support or accommodation of a disability should advise us in advance of booking, so that we can request assistance or arrange for appropriate services or equipment. In some cases when travelers are unable to use their own wheelchairs, mobility devices, medical equipment or devices, rental of special equipment or devices may result in additional charges. Airlines may impose charges for additional baggage and may have restrictions on the size of wheelchairs that they can accommodate.
In order to travel with a service animal or emotional support animal, some Suppliers may require advance arrangements and special documentation of the animal’s health and training.
When traveling outside of the United States or Canada, laws and regulations applying to people with disabilities will often apply different standards of accommodation for travelers with disabilities or special needs. While we are committed to assisting travelers with disabilities or special needs, SD is not responsible for the failure of Suppliers in those countries to meet the needs of travelers when the Supplier follows laws and regulations of the local jurisdiction. Additionally, the laws and regulations of local jurisdictions covering travelers with disabilities or special needs may change without prior advance notice and SD bears no responsibility in case of changes in the legal or regulatory framework of the places you may visit on your trip.
Certain destinations may have limited medical facilities or limited availability of prescription medications. We recommend that you consult with your health practitioner to discuss the details of your trip. Certain travel insurance plans may provide access to emergency medical care, medical evacuation and replacement of prescription medication. WE RECOMMEND THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE ON ALL BOOKINGS.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your children. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a supplier due to a pregnancy, SD shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
9. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
SD 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.
10. RIGHT TO CORRECT ERRORS; PRICE AND RATE CHANGES
We reserve the right to correct errors. 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. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
The price listed in your proposal will be based on known costs at the date of issue of the proposal. Subject to errors or mistakes, all prices we advertise are accurate at the date issued, but we reserve the right to change any of those prices from time to time as the suppliers adjust the prices. Prices that include costs for fuel and local taxes that are estimated at the date of issue and are subject to change. At the time of booking confirmation, we will provide you with an invoice reflecting the current price and particular inclusions.
Upon payment of your deposit and confirmation of your booking, your price will be locked in with the exception of any increases or decreases resulting from fuel, airport charges, scheduled air fares and other transport charges which form part of your contract with the transportation Supplier, dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes, port fees, or fees payable for services. We reserve the right to add a supplement to your travel prices should these additional fees apply to our booking, until we receive your full and final payment. If your booking is impacted by the adjusted fees, we reserve the right to increase or decrease the price of your travel and will forward a new invoice reflecting any changes made. After final payment, your price is locked in.
11. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ 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 SD. If you cancel while your trip is in progress, there is no refund for the unused portion.
If between planning time or actual travel, circumstances require changes, your Suppliers and SD reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. SD cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you. Any alterations to an itinerary are at the sole discretion of the Supplier, and SD bears no responsibility for any changes.
12. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
SD acts solely as a booking agent for disclosed principal 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 SD, nor are they agents, employees or representatives of SD. SD is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. 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. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither SD, nor its employees, agents, or representatives, are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of SD. SD assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; SD assumes no responsibility or liability for personal property; and SD shall be relieved of any obligations under these terms and conditions in the event of any force majeure, including without limitation any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. SD accepts no responsibility for lost or stolen items. SD reserves the right to refuse any traveler or potential traveler at its sole discretion.
SD is not responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of food or drink included on any itinerary. You agree that SD will not be liable for any failure to accommodate dietary restrictions, nor for any allergic reaction you have to any foods, products, or meals you consume on any of our itineraries. SD will make reasonable efforts to accommodate passengers’ needs but cannot guarantee that it can do so in all cases.
SD DOES NOT CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT SD IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. SD 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 ANY TRAVEL PRODUCTS PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH SD, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL 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, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF SD’S CONTROL, AND YOU HEREBY EXONERATE SD FROM ANY LIABILITY WITH RESPECT TO THE SAME.
SD HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM SD WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY SD.
13. ASSUMPTION OF RISKS; TRAVELER INDEMNIFICATION
Travel to certain destinations may involve greater risk than others. SD 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/. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, SD will not be liable for damages or losses that result from travel to such destinations.
Examples of inherent risks in travel include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, pandemics, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, Suppliers or other travelers, or SD and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death, and of the negligence of SD and agrees to, and shall hold harmless and fully release, SD and its employees, shareholders, agents, and representatives (“Representatives”) from any and all claims associated with their travel, including any claims of third party negligence and/or the negligence of SD and/or its Representatives, and traveler hereby covenants not to sue SD and/or its Representatives for any such claims or join any lawsuit or action that is suing SD.
Additionally, Traveler agrees to and shall indemnify and hold harmless SD and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by SD or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of these Terms and Conditions and this Agreement, and (ii) any damage caused by traveler while participating in the trip. This Agreement also binds your heirs, legal representatives, and assigns. The terms of these ASSUMPTION OF RISK, HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraphs shall survive any modification, termination or cancellation of these Terms and Conditions and the Agreement, whether by operation of law or otherwise.
In the event of emergent health or safety concerns, once SD has investigated the prevailing situation, SD shall have the sole and absolute discretion whether to proceed with any SD escorted trip or private departure, or to make alterations to the itinerary.
14. FORCE MAJEURE
SD will not be in breach of these terms and conditions or otherwise be liable to you, for any loss, damage, failure to perform, cancellation or delay in performing any obligation under this Agreement resulting in whole or in part from an Act of God or any other force majeure condition, including without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, or any other unforeseen circumstances or any other factors unforeseen by SD that impacts negatively on, or hampers, its ability to fulfill any of its conditions or obligations under this Agreement (“force majeure”). In the circumstances amounting to force majeure, we will not be required to refund any money to you. Our planning fees are always NON-REFUNDABLE. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of SD’s Suppliers have terms and conditions which include force majeure provisions. In the event that 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 as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their own terms, conditions and policies, although SD shall use its reasonable efforts to secure reimbursement from said Suppliers for you where possible.
15. CLIENT CONDUCT
Each participant in any trip escorted by SD is expected to act responsibly and adhere to all behavior guidelines established by SD and our Suppliers. SD and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with SD, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold SD or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
16. TRAVEL INSURANCE
IT IS THE TRAVELER’S RESPONSIBILITY TO PROTECT THEIR PURCHASES. SD 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 & 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 PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL 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 SD’s 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. The purchase of travel insurance is not required in order to purchase any other product or service offered by SD, however if you decline to purchase insurance, SD will require that you execute an insurance waiver. SD 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. SD 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. IF YOU HAVE ANY QUESTIONS ABOUT YOUR TRAVEL PROTECTION, CALL YOUR INSURER OR INSURANCE AGENT OR BROKER.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. SD cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate travel insurance coverage, SD will not be liable for any of your losses, howsoever arising, for which trip protection plan coverage would otherwise have been available.
17. 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 will be provided to Clients, will be posted on our website and are effective immediately on posting. Your continued use of our services, including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions, constitutes your consent to the changes.
18. GENERAL
The laws of the State of Maryland govern these Terms and Conditions and this Agreement exclusive of conflict or choice of law rules. You hereby consent to the exclusive jurisdiction and venue of courts in Carroll County, Maryland in all disputes arising out of or relating to your relationship with SD. You agree that you will only bring claims against SD in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. SD shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered, and that you will not bring suit against SD, unless you have first provided a typewritten notice of claim to SD within 30 days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident, and you acknowledge and agree that this expressly limits the applicable statute of limitations to one (1) year.
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, such as those of your Suppliers) constitute the entire Agreement between the Client and SD with respect to travel bookings made with SD by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and SD with respect to communications with SD. 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.