I am delighted that you have chosen my company to plan your next getaway. By selecting Catherine & Co Travel (“the Company”) to assist you with travel planning and reservations, you (“Traveler”) are agreeing to the following terms and conditions (the “Agreement”):
1) Travel Agency Relationship. Company acts solely as a sales agent for any airline, hotel, car-rental company, tour/excursion operator, cruise line or other service provider named in Traveler’s itinerary (“Suppliers”), but does not operate, control, or otherwise provide the services of the independent Suppliers. The terms and conditions of these Suppliers apply to Traveler and must be therefore also be reviewed and acknowledged. Traveler assumes the risk of booking with Suppliers as Company is not responsible for acts or omissions of Suppliers or their failure to provide services as requested by Traveler.
2) Consulting Fee/Deposits. Traveler shall pay a consulting fee (“Consulting Fee”), for Company’s time spent with initial consultation, research, and final proposals. Once Traveler agrees to the booking, the Consulting Fee will also be applied toward travel support services and completing the booking process. The Consulting Fee is non-refundable. Deposits for other travel fees are nonrefundable unless noted by the Supplier; airline ticket refunds will vary based on the vendor and change requested.
3) Payment. Travel must remit payment for the Consulting Fee and any other applicable fees within five (5) days of receiving Company’s invoice. Company accepts Visa, Mastercard, American Express, and Discover for payments. For all trip-related charges Traveler must provide a charge authorization agreement, which shall serve as a binding agreement for Company to charge Traveler’s card. Company observes PCI compliance rules and will not provide credit card information outside of the Company and Supplier transactions described in this Agreement. Traveler waivers the right to a chargeback in the case of cancellation for any cause (except fraud), including a Force Majeure Event as defined in this agreement.
4) Price Adjustments/Increases. Travel arrangements involving airlines and cruises are subject to supplemental price increases that may be imposed by the Supplier or government once Traveler has completed the purchase. Traveler consents to any and all such increases by Suppliers for all trip-related charges authorized.
5) Cancellation Fees/Policy. For all requests for changes and or cancellations, Traveler shall be responsible for payment to Company of the following booking change and cancellation fees which adjust upward with the following scale as the travel date approaches:a. After deposit has been placed: $50.00 fee per booking change/cancellationb. After final payment has been made: $100.00 fee per booking change/cancellationc. After final travel documents have been issued: $200.00 fee per bookingchange/cancellation
Company’s change and cancellation fees do not apply to additional fees or nonrefundable costs imposed by airlines, hotels, cruise lines, and other Suppliers pursuant to such Supplier’s terms and conditions. Company is not responsible for obtaining refunds from Suppliers based on Traveler’s cancellation requests. Company’s Cancellation Fees shall also apply if a change or cancellation is beyond Traveler’s control.
6) Force Majeure. If Company is reasonably unable to perform for the purpose and obligations set forth in this Agreement, for reasons/events beyond its control including (but not limited to): acts of God, fire, flood, tornado, earthquake, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions, embargoes, blockades or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, international, national, or regional emergency including epidemic or pandemic, civil unrest, and insurrection, riot or war (“Force Majeure Event”) then performance shall be excused until the end of the Force Majeure Event. Company will notify Traveler of the Force Majeure Event within 48 hours of its discovery. If the Force Majeure Event continues and prevents Traveler from being able to travel, the Parties shall make reasonable efforts to coordinate and reschedule the trip. Any monies previously paid to Company by Traveler shall be retained by Company for the rescheduled date. Traveler assumes risk of loss due to cancellation in case of a Force Majeure Event, and should the Parties be unable to rebook the trip within one year, Company reserves the right to keep all fees previously paid to Company and Traveler may be liable for additional Supplier costs. In neither instance shall Company be liable for any additional costs, expenses, or damages suffered by Traveler arising out of the rescheduling or cancellation of the trip pursuant to this Section. Company strongly recommends Traveler retain travel insurance with a cancellation policy covering losses arising from Force Majeure Events including those described in this Section.
7) Documentation. Traveler understands and acknowledges U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. All travelers are responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on Traveler’s photo I.D., and travel document information must match tickets. Please check the State Department website at https://travel.state.gov for further information. Vaccinations/immunizations may also be required, and it is Traveler’s responsibility to review travel advisories for all destinations on the itinerary. Minors unaccompanied by birth parents will need a permission letter for travel outside the U.S. Travelers with criminal convictions may be denied entry to certain countries. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government-imposed fines. If Traveler is a citizen of another country, there may be additional requirements for Traveler.
8) Travel Insurance. Traveler understands and acknowledges that Company strongly recommends Traveler protect their purchase and obtain an adequate amount of trip cancellation and travel accident insurance to cover such risks. Company can only recommend travel insurance but is unable to sell, solicit or negotiate travel insurance policies. Traveler acknowledges that Company has not made a binding assurance or promise about insurance coverage.
9) Travel Advisories/Quarantines. Traveler understands and acknowledges responsibility to comply with the government's rules in the destinations that are in effect during Traveler’s trip. Government officials in the destinations visited may change entry requirements, health protocols, and other rules for inbound visitors (including the possibility of health screenings, tests, and even mandatory quarantines) at their discretion and with little or no advance notice. In the event of health pandemics or states of emergency, the suppliers and/or resorts operating Traveler’s trip may change, delay, or cancel the services offered for Traveler’s trip at their sole discretion and with little or no advance notice. Traveler agrees that Company as a sales agent and has no control over these decisions and cannot be held liable for them.
10) Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Texas without regard to any conflict of law provision. This Agreement is performable in whole or in part in Dallas County, Texas. The Parties hereby irrevocably submit to the exclusive jurisdiction of any state or federal court located in Dallas County, Texas, over any suit, action or proceeding arising out of or related to this Agreement. To the fullest extent permitted under applicable law, Client irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that they are not subject to the jurisdiction of the above-referenced Texas courts. 11) Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO TRAVELER OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO COMPANY.
12) Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto relating to the subject matter specified herein. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties.
Signing of this Agreement indicates acknowledgment and acceptance by Traveler of all information and terms and conditions, and is binding on all Parties.