These terms and conditions (“Terms and Conditions”) govern the relationship between LuxTravel by Melissa LLC (LTM and/or “we/us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). In addition, these terms and conditions describe what you can expect from LTM. By planning travel with LTM, you agree to be bound by these terms and acknowledge that LTM acts solely as a booking agent for disclosed principal supplier 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 is not the source or provider of the travel services. This will describe the scope and limitations of the services LTM will provide for you.
1. SERVICES AND EXPECTATIONS
The services provided by LTM include thoughtful, well-planned travel based on firsthand experience, personal opinions, and professional expertise. Utilizing our worldwide travel network of preferred suppliers, we invest time into researching and planning just the right trip for our clients. As a member of the Virtuoso luxury travel consortia, we have the ability and leverage to create unique and exceptional experiences for our clients from beginning to end, enhancing trips with complimentary amenities and more.
LTM is dedicated to creating the best itineraries for clients utilizing a network of 4-star & 5-star properties and resorts, cruise lines, airlines, tour operators, preferred suppliers and more.
After the planning and research fee is collected, LTM will do the following based on an agreed upon scope of services during the consultation phase. These services may include the following: Full itinerary design, customized itinerary proposal, itinerary revisions (up to 2 revisions), tour and transfer coordination, experience coordination, hotel booking and coordination, restaurant reservation assistance, on-site and in-country support and contacts, final itinerary delivery and review with all trip confirmations and details, assistance with questions.
Any services that are out-of-scope will incur an additional service fee to be determined based upon the ask but could include: the desire to switch destinations, dates, or the addition of passengers to the trip. If client does not respond to an initial proposal in a reasonable timeframe (within 7 days) causing the availability of the initial services and accommodations to be gone, an additional research fee will be required to identify suitable replacements.
Once an itinerary is finalized and a deposit or payment has been made, a revision fee may be required if the itinerary or scope is significantly changed. If a revision fee is required, you will be notified before any additional fees are incurred.
Additional planning for services to destinations beyond the scope of the original consultation and proposal will be billed as a new project.
2. PAYMENTS, FEES, CANCELLATION, AND CHANGES
Payment, Fees, and Cancellation Policies:
If after the consultation both parties wish to move forward, an upfront planning and research fee will be paid to LTM. The planning fee will be determined based on the scope outlined after the initial consultation. If the scope broadens, the fee may be adjusted accordingly. This scope may include a destination change, number of travelers change, budget change or any details that may require additional research and/or limitations in ability to execute original itinerary. In any event, this fee is non-refundable, even if you do not travel.
By submitting a credit card authorization form to LTM, you agree to allow LTM to use your payment method to purchase travel products from our Suppliers 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 LTM OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF LTM OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, LTM RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
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 LTM in writing. As a result of cancellation, LTM 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.
LTM strongly recommends the purchase of travel insurance to protect your investment. Please notify LTM if you wish to review details of travel insurance and see a quote. You realize that if you do not purchase travel insurance, your financial investment is not protected.
3. USE OF LTM 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 LTM. You agree to be financially responsible for your travel bookings made on behalf of yourself and any member of your traveling party. You warrant that the information you supply on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate.
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.
4. 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 DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data listed on 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 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 LTM IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
LTM strongly recommends 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 LTM aware when traveling on a passport from a country other than the United States of America.
LTM neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, LTM is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit may 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. 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.
5. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. LTM 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. 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.
6. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
LTM 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.
7. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
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.
8. RISKS/SAFETY
BY BOOKING TRAVEL WITH LTM, YOU ARE AGREEING TO TERMS THAT WILL WAIVE CERTAIN LEGAL RIGHTS. Certain activities included as part of itineraries we book pose inherent risks and may be dangerous. Your itinerary may also involve travel to remote areas without access to medical facilities or treatment; changing weather conditions; interactions or encounters with wildlife. By booking a trip with LTM, you acknowledge you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use equipment.
If you use, consume, or are under the influence of alcohol or illegal drugs prior to or while engaging in any activities on your itinerary, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL
INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by LTM or third parties, and you indemnify LTM from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
Travel to certain destinations may involve greater risk than others. LTM 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/
9. FORCE MAJEURE
LTM 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 of the following causes, to the extent beyond its reasonable control: 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, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of LTM. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of LTM’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 policies, although LTM shall use its reasonable efforts to secure reimbursement for you where possible.
10. CLIENT CONDUCT
Each participant in any trip escorted by LTM is expected to act responsibly and adhere to all behavior guidelines established by LTM and our Suppliers. LTM 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.
LTM and it's suppliers will not tolerate racial or otherwise discriminatory verbal or phycial conduct of any kind. Should you or your party participate in this kind of behavior, we reserve the right to refuse service for future trips and you may forfeit any unused, non-refundable services for your current trip.
When you book with LTM, 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 LTM 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.
11. 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 and are effective immediately on posting.
12. GENERAL
The laws of the State of Texas govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas in all disputes arising out of or relating to travel bookings with LTM.
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 LTM with respect to travel bookings made with LTM by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and LTM with respect to communications with LTM. 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.