1. Please note that Timeless Destinations LLC (‘TD’) is a Tour Operator, not a Travel Agency. As your Agent and on your behalf, we, therefore, contract and operate with the relevant services providers subject to the specific terms and conditions of property owners, suppliers and other travel-related operators that we use (hereinafter referred to as ‘the Third-Party Suppliers’). These Third-Party Suppliers are carefully vetted and selected by TD. The conditions stipulated herein (‘the TD T&C’) and the terms and conditions of Third Party Suppliers (‘Third Party T&C’) apply to all enquiries, advice, quotations or estimates addressed to, provided by or bookings made with TD.
2. The client acknowledges that by signing and submitting the Booking Registration / Payment Form to TD, from the signature date thereof and until the end of the tour or earlier if the tour is cancelled, that the client personally acknowledges to have read, accepts and agrees to be bound and is duly authorized to accept and agree to be bound by these Terms and Conditions in relation to and on behalf of all members of the travelling party as stipulated in the Booking Registration / Payment Form (‘the Travel Party’) and that they are likewise authorized to sign the Booking Registration / Payment Form and the terms and conditions of the Third Party Suppliers.
3. TD makes every effort to engage quality Third Party Suppliers among the airlines, hotels, tour operators and other service providers to provide the travel products making up the Tour featured and to ensure that the various services making up the Tour will be carried out efficiently and as specified. We do not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, delay, irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out the arrangements of the Tour, or otherwise in connection therewith. TD cannot be held responsible for inter alia, animal sightings, weather dependent activities / excursions, or if special requests cannot be obtained or procured, and that there will be no claim against TD in this regard. The Third Party T&C shall constitute the sole contract between the Third Party Supplier and the client and any right of recourse the client may have, will be solely against such then Third Party Supplier.
BOOKINGS, PAYMENT TERMS AND CANCELLATIONS
4. Reservations are confirmed upon receipt of written/ emailed confirmation and followed by a 30% advanced payment fee to secure the booking as per the invoice. In addition, all airline tickets will require full payment upfront. This advanced payment fee comprises:
20% (or in case of airline tickets, full value) to secure services with Third Party Suppliers which will then be paid to the relevant suppliers on your behalf. These payments are subject to Third Party T&C.
10% TD planning and coordinating fee for the Tour Package. This planning fee is non-refundable.
In addition, all airline tickets will require full payment to confirm and issue.
Please note that some Third Party Suppliers require a higher percentage deposit for peak season bookings, depending on the property and supplier requirements. This may be a full payment up to 6 months prior to travel. Should a Third Party Supplier require different advance payments, TD will advise the client and the details will be contained in the TD Invoice.
5. Reservations shall be considered full and paid up once a final invoice has been issued and paid within 48 hours of the issuing of such an invoice. Should the invoice not be paid within this time, TD reserves the right to re-issue the invoice should there be an increase in foreign exchange rates, airline rates or any other related cost. Forex conversions to be provided by TD bank. Furthermore, prices are quoted at the ruling daily exchange rate. Until TD has received payment of the tour price in full, it reserves the right to charge any fluctuations to the client’s account and the client undertakes to pay for any such fluctuation on demand. Should it be a group booking and the group number deviate from the number required for the booking as originally quoted, TD reserves the right to re-cost the tour price and raise a surcharge.
6. Final settlement of the services contracted for on your behalf is required no later than 60 days (for less than 10 people travelling) and no less than 90 days (for 10 or more people travelling), prior to the commencement date of the itinerary. If the full amount is not paid in due time, TD reserves the right to treat the booking as cancelled. Bookings made within 60 days (for less than 10 people travelling) and 90 days (for 10 or more people travelling), must be paid in full immediately. 100% cancellation fee will be charged if cancelled 60 days or less (for less than 10 people travelling) and 90 days or less (for 10 or more people travelling), from the commencement date of the itinerary, as per the Third Party T&C. Should a Third Party Supplier require different payments or deposits, TD will advise the client in writing and amend payment The invoice will be in the currency of payment required. Please see point 4 for peak season bookings.
7. All tours are booked, and arrangements are made, on the express condition that the client embarks on the tour or journey entirely at their own risk. TD its directors, members, partners, employees and agents (‘the Indemnified Parties’), shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, harm, trauma, delay or inconvenience to any client (which shall be deemed to include the heirs, executors, administrators or assigns of the client whether on the tour or journey or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever. The client indemnifies and holds harmless the Indemnified Parties accordingly. The Indemnified Parties shall furthermore not be liable for any consequential or indirect loss or damage whatsoever.
8. Any client, who has special requests, must specify such requests to TD during the booking process. Whilst TD will use its best endeavors to accommodate such requests, special requests are not guaranteed.
9. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to TD in writing. As a result of cancellation, TD’s and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, each supplier’s websites and www.timeless-destinations.com. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your TD travel specialist for clarification. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
10. No refunds will be considered unless provisions to the contrary are contained herein. Refunds by the 3rd Party Suppliers will be subject to their terms and conditions.
11. No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of TD.
MODIFICATIONS TO CONFIRMED BOOKINGS
12. 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. Administrative charges of $25 or more per change/per person are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to TD.
13. Generally no refunds are provided for any unused prepaid excursions by one or more members in the travelling party. 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.
14. It is strongly advised, and it is the client’s responsibility to take out their own comprehensive, full-cover insurance at the time of confirming their trip, covering themselves for personal effects, personal accident, medical and emergency travel expenses, loss of luggage, cancellation and curtailment. [Client to send PROOF OF INSURANCE if acquiring insurance on their own and decline TD’s Travel Guard insurance option on the Booking Registration and Payment Form]. Note that cancellation policies and penalties from Third Party Suppliers are strictly enforced. Travel insurance should be comprehensive and should cover unforeseen situations that might affect your ability to fulfil your travel obligations.
15. TD cannot be held liable for any cancellation, medical and unforeseen circumstances, which may have an effect on international, domestic or regional flights or the continuation of your trip, booked with TD. Please ensure your travel insurance covers private hospitals in the countries you are travelling to and that you have read the policy terms, i.e. some hospitals may require a cash deposit upfront. Should the insurers dispute their liability for any reason, the client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure. Please note that various credit card companies offer limited levels of travel insurance, which TD does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:
Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, floods, earthquakes, volcanic eruption, hurricanes, typhoons, cyclones, landslides, lightning strikes and other natural disasters;
Industrial action such as strikes and lockouts, whether of a political nature or not;
War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott
Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution (as determined by authorities);
Any other event that is due to an irresistible force, unavoidable and external accident
Breakdown of public services and amenities
National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the client’s travel itinerary;
The geographic location, origin and/or epicenter of the Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties
17. Qualifying requirements
The parties agree that the above prima facie force majeure events (‘the Event’) will only qualify as such if the following conditions are met:
The party invoking force majeure (‘the Force Majeure Party’ ‘FMP’) must immediately advise the other party (‘the Force Majeure Recipient’ ‘FMR’) in writing
The Event must not be due to the fault, negligence or breach of contract on the part of the FMP
The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out;
The FMP uses and has used due diligence and its best commercially reasonable endeavors to overcome and/or remove and/or alleviate and/or mitigate the Event
The FMP must mitigate its own damages
The FMP must take all reasonable steps to avoid non-performance
Any steps taken by any country’s government must be as a result of the Event which results in and meets any one or more of the above Qualifying
The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent
If the parties disagree about the qualifying requirements, the parties will resort to alternative dispute resolution as provided for in the agreement
If the FMP will have the option to agree to a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.
If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavors to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavors to reimburse the FMP all monies received from it and paid to third party service providers which it manages to recover, less irrecoverable disbursements and a reasonable management and service fee.
PASSPORTS, VISAS & HEALTH
19. It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with TD before travelling. TD will endeavor to assist the Client but such assistance will be at TD discretion and the Client acknowledges that in doing so, TD is not assuming any obligation or liability and the Client indemnifies TD against any consequences of non-compliance. It is the Client’s duty to familiarize him/herself with the inherent dangers of and mental and/or physical fitness needed for travel and the Client must be in an adequate condition required for the Proposed Travel Arrangements.
20. Also note that all visitors to Africa are required to have a minimum of three blank pages in their passport excluding the front, back cover, visa and special endorsement pages to enable the entry visa to be issued. (This is over and above what you will need for single or multiple cross border stamps during your travels. Notwithstanding in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited as some entry points require full blank pages. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. In the event where in-country travel and consulate administrative costs are required to remedy cross-border entry denial this will need to be borne by the Client. If you are in doubt of the sufficient passport page requirements the most recommended course of action is to ensure that all passports are fully renewed prior to travel and applications are made well in advance.
21. The client must ensure that the details supplied to TD mirror those details shown on their passport for international travel and ID documents for local travel. Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore, caution should be taken when the countries of transit or final destination issue visa on arrival. These must not be taken for granted and it remains the Client’s responsibility to ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.
22. Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise your TD travel specialist how far along your pregnancy will be (in weeks) when traveling, as some service providers have restrictions.
23. Abridged birth certificates for children – Please consult the Department of Home Affairs or Embassy or Consulate in your country about the latest requirements.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
24. Certain parts covered by your itinerary may contain areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure.
25. Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Inoculation is required at least 2 (Two) weeks before your departure from country of origin.
CAUTIONARY TRAVEL ALERTS
26. As a general rule, destination countries do not issue cautionary travel alerts. In instances where the countries you are travelling to issue such a cautionary alert and it comes to our attention, we will convey the appropriate link to you. However, it is your duty to check your destinations for any such cautionary before you travel as to the state of the country in terms of not only health but also security. The US Department of State Travel Advisory is one, but not limited to, resource for this information. https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
27. Air tickets are linked to contracts (‘Contract of Carriage’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary.
28. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee. Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of over-booking are prescribed by the U.S. Department of Transportation’s Aviation Consumer Protection (Bumping & Oversales). Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult TD about refunds for unused tickets as strict deadlines apply.
29. The Client must be ready to show their identity document/s at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.
30. Private or scheduled charter flights – TD or the charter company do not accept any responsibility for delays or cancellations due to unforeseen circumstances, technical breakdowns or diversions due to bad weather. 100% cancellation fee will be charged if the guest cancels their private or scheduled charter flight within 30 days of departure, or subject to the charter company terms and conditions if it differs. Clients agree to adhere to charter flight luggage restrictions. Please note that the flying services and coach transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. TD will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.
It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that you check with TD prior to departure what the current airport departure tax is of all the countries included in the itinerary that you will be passing though as these taxes may be payable in the local currency and must be provided for.
31. Driver’s License (for Car Rental) – Even if you have obtained an international driver’s license, please take your US driver’s license with you. Some overseas car rental companies may request proof of residence such as rates and taxes account.
32. All information contained in the TD websites / itinerary and price quotes / invoices / schedules are to the best of TD’s knowledge and believed to be true and correct at the time of preparation. TD accepts no liability for any errors / inaccuracies contained therein. The Client acknowledges that it may have selected the itinerary and destination(s) constituting the booking based on information gleaned from Third Party brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and updated by the Third Party Suppliers over which TD has no control.
CONFIDENTIALITY & PRIVACY
33. Subject to statutory constraints or compliance with an order of court, TD undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client’s personal information and special personal information is concerned, TD will comply with all provisions of the applicable privacy legislation such as The Privacy Act of 1974, as amended, 5 U.S.C. § 552a.
34. The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by TD is and shall remain the sole and exclusive property of TD.
35. The Client furthermore undertakes not to circumvent TD and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by TD with any of the Suppliers or any other service providers or venues for a period of 1 (One) year from the date of submission of any proposals, presentations, estimates and quotes provided by TD.
LAW, JURISDICTION & DOMICILIUM
36. Florida State law and the jurisdiction of Florida courts will govern the relationship between the Client and TD. TD shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Federal Court presiding over Civil cases notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Registration and Payment Form.
37. The Client hereby agrees that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Florida. The Client agrees that the arbitration shall take place in Miami-Dade County, Florida (if not via a conference call ) and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Client acknowledges and agree that this arbitration is their sole recourse and that they may not file a lawsuit against TD. If Client fails to submit their claim to arbitration and instead files suit, TD shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Client and TD agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
38. The Client agrees that he/she will at all times comply with TD’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless TD against damages suffered and/or costs incurred by TD and/or any third party as a result of a breach of this clause.
DISPUTE – RESOLUTION
39. Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
Firstly, the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the American Arbitration Association (‘AAA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Miami-Date County within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AAA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AAA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
40. These Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made, and indemnities signed) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of TD or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of these Conditions. TD reserves the right to revise these conditions from time to time – each revision will be dated and posted on its website.