Terms & Conditions
PLEASE READ THIS! IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
Please thoroughly review these terms and conditions of Destinations by Amy Seng, LLC. and Destinations by Amy, herein referred to as DBA. Every person named on a booking will herein be referred to as Passenger. The addressee of this notice will be the only recipient of this booking receipt and its terms and conditions. It is the sole responsibility of the addressee to inform all other Passengers traveling on this booking of the contents of this booking confirmation, the booking’s specifics, and its terms and conditions. The addressee, by accepting this receipt and making payment to DBA, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services, and that they have made every Passenger included in this booking aware of these terms and conditions as well.
BOOKING ACCURACY/LEGAL NAMES: Passenger is required to immediately review all aspects of this booking to verify (but not limited to): Correct spelling of Passenger’s LEGAL first and last names, mailing address, email address, telephone number, date of birth, pricing, airfare, flight information, arrival/departure airports, ground transportation, accommodations, pre-arranged activities, tours, appointments and reservations, and travel insurance coverage on this booking confirmation. Please notify DBA immediately if any omissions and/or corrections are needed regarding this booking’s details. Passenger voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the Passenger’s LEGAL first & last names. It is mandatory that Passenger names be identical to the Passenger’s LEGAL first and last names as shown on the government issued ID that will be used during travel, and identical to the names as they appear on booking and travel documents.
TRAVEL DOCUMENTS: Final travel documents will be sent to the addressee of this notice no later than 10 days prior to departure date. These may be sent electronically or through the US Postal Service. It is the responsibility of the addressee to insure that all Passengers named in this booking are given copies of their travel documents. Please read through these documents immediately upon receipt. Misprints, misspellings, incorrect dates, etc. are not the responsibility of DBA. DBA highly recommends Passenger prints out these travel documents and takes the hard copy with them during travel. Passenger assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger assumes sole responsibility for, and hereby releases DBA from, any claims or responsibility for any and all damages incurred as a result of Passenger’s failure to comply with applicable documentation requirements including, but not limited to, the requirement that each Passenger procure and have on their person the proper travel documents at all times. DBA recommends Passenger consult with the appropriate domestic and foreign governmental agencies for the current document requirements. All international travel requires each Passenger be in possession of a valid passport, including infants and children. Please note that in order to be considered valid in many countries, a passport may not be expiring within 6 months of your date of return to the US. While traveling, DBA strongly recommends making a copy of each Passenger’s passport to be kept in a secure location separate from the passport itself during travel. Passports must be kept inside a locked safe or in a secure location at all times. If a passport is lost or stolen during travel, a new passport will need to be obtained prior to returning to the US. Contact the nearest US embassy or consulate for assistance. Suggested reference materials for passport, visa, health requirements as well as travel advisories:
Travel for US Citizens: https://travel.state.gov/content/travel/en.html
US Passports and International Travel: https://travel.state.gov/content/passports/en/passports.html
US State Department Travel Alerts & Warnings: https://travel.state.gov/content/passports/en/alertswarnings.html
US Center for Disease Control for required vaccinations: https://wwwnc.cdc.gov/travel/
Country Specific Information (Find the location of the U.S. embassy and any consular offices, information about whether you need a visa, crime and security information, health and medical considerations, drug penalties, localized hot spots and more. This is a good place to start learning about where you are going.): https://travel.state.gov/content/passports/en/country.html *Note that this is not a comprehensive list of reference sites and is provided solely for your convenience. These sites are owned and operated by third parties who may alter the URL at any time without notice.
TRAVEL WITH CHILDREN: Adults traveling with children should be aware that many countries require a notarized permission letter if a child is traveling with only one parent or someone other than their parent(s)/legal guardian(s). Failure to produce a notarized permission letter could result in travelers being refused entry. Should a Passenger’s situation require such a form, please inform DBA and a copy of a form will be forwarded that the Passenger may fill out, have notarized, and carry with them during the trip. It is the responsibility of each adult traveling with children to have the proper documentation for their travel situation. DBA is not responsible for this documentation or for any travel disruptions occurring due to failure of the adult Passenger(s) to secure and carry the proper travel documentation for the children traveling with them.
PAYMENTS: DBA accepts Visa, American Express, Discover, and MasterCard. It is advised that Debit Cards not be used for payment. DBA holds reservations until the Deposit Due Date indicated in this booking confirmation. If a deposit payment is not received by DBA on or before the Deposit Due Date, reservations are automatically cancelled. Reservations awaiting final payment may forfeit the deposit paid if final payment is not made on or before the Final Payment Date indicated on this booking confirmation. Failure to remit payments on a timely basis will automatically put the booking at risk of cancellation. Note that there will be a $50 per person fee for any changes that need to be made to a reservation after final payment has been applied. Please contact DBA immediately, and well in advance of your payment due date, if it will not be possible to meet this obligation. Without limitation, Passenger voluntarily holds DBA harmless for cancellation of any booking for either late payment or declination of a credit card.
PRICING: Prices and availability quoted by DBA are not guaranteed until the required booking deposit is fully paid and Passenger has been notified via a booking notice. Pricing and availability may change without notice prior to the deposit payment being made. Passenger agrees that DBA is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is DBA responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. Passenger acknowledges this right and agree to hold DBA harmless for any actions or damages arising from Supplier pricing. DBA reserves the right to charge Passenger for any increase in taxes, fees or surcharges (i.e. fuel) made by the Supplier(s). Passenger acknowledges this right and agrees to pay any such additional taxes, fees, and surcharges.
AIR TRANSPORTATION: If Passenger chooses to book airfare on their own, providing Passenger’s most current air itinerary to DBA is crucial for the on time arrangement of all transfers. Proper flight information must include name(s) of Passenger(s), airline, flight number(s), dates of travel, departure & layover airports, departure and arrival times, and record locator. Forwarding a copy of Passenger’s confirmation to DBA as soon as it is received from the airline is requested. DBA advises that Passenger arrives at the airport 3 hours prior to departure for international flights and 2 hours prior to departure for domestic flights in order to allow ample time for check in, baggage check, and security clearance. Baggage must be checked in at a time prior to Passenger’s scheduled flight’s departure time per the airline’s policy. DBA is not responsible for flights missed due to late arrival at airports or delays in security. a. General Conditions Governing Air Transport Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, DBA acts simply as an intermediary between Passenger and the airline. Once Passenger books an air reservation, your credit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings. All tickets will be issued for economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. If you have a Known Traveler Number (KTN) or a Frequent Flier Number, please provide this to DBA at the time of booking. Once received, this information will be forwarded on to the Supplier. It is Passenger’s sole responsibility to insure that your KTN is on your boarding pass prior to entering the security line and that your frequent flier miles are credited to the designated account. Passenger agrees to confirm all bookings with the airline prior to the stated date of departure (DBA recommends confirming directly with the airline at least 72 hours prior). Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When Passenger reserves a scheduled or charter flight involving a stop-over in a city, and the second flight takes off from a different airport than the airport of arrival, insure that there is sufficient time allowed to arrive at the second airport. The journey to the other airport is at Passenger’s own expense. DBA will not be able to reimburse Passenger for these costs, nor will it be liable if Passenger misses the second flight. DBA’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by DBA. DBA is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, Passenger must work directly with the airline to ensure arrival at the planned destination on or ahead of the original arrival time. DBA will not provide any refund for Trips missed, in part or full. b. Prohibited Practices Passenger agrees to not deviate from the purchased booking by making any unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the Passenger’s actual point of origin of travel, or to a more distant point(s) than Passenger’s actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited. The use of two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited. Where a ticket is purchased and used in violation of these rules, DBA and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following: 1) Invalidate the ticket(s); 2) Cancel any remaining portion of Passenger’s itinerary; 3) Confiscate any unused Flight Coupons; 4) Refuse to board Passenger and to carry the Passenger’s baggage; 5) Receive compensation from Passenger for the actual value of the Ticket which shall be the difference between the lowest fare applicable to Passenger’s actual itinerary and the fare actually paid; 6) Delete miles from Passenger’s frequent flyer account and/or terminate Passenger’s participation in the frequent flyer program; 7) Take legal action against Passenger. c. Baggage The Transportation Security Administration (TSA) has very strict rules about what may/may not be carried in baggage, whether carry-on or checked. Passenger is responsible for reviewing the most current regulations in the “Updated Checked Bag and Carry-on Bag Rules” section at www.TSA.gov. DBA is not responsible and cannot be held liable for Passenger’s interactions with the TSA. Each airline has its own policy regarding baggage. DBA recommends that Passenger checks with the airline ahead of time for any weight restrictions and additional charges relating to checked baggage. Passenger will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags, ski equipment, and oversized baggage. If the weight limit set by the airline is exceeded, and excess weight is permitted, Passenger must pay the fees incurred to transport such baggage directly to the airline at the airport. The airline is liable to Passenger for the baggage entrusted to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of baggage, Passenger should contact the airline and declare the damage, absence or loss of personal effects before leaving the airport. Passenger should then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration itself. DBA strongly recommends that Passenger obtains an insurance policy covering the value of your items. DBA is not responsible for baggage issues and/or costs in any way. d. Limitation of Liability for Air Transport
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PASSENGER AGREES THAT DBA IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.
ACCOMMODATIONS AND ACTIVITIES: Accommodations are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, cabins in cruise ships, motels, time shares, camp grounds, and resorts. a. Accommodation classifications The number of stars attributed to the hotels and other providers of accommodations quoted by DBA correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and their star designations may vary from country to country. The comments DBA makes in descriptions are based on DBA’s knowledge of the establishments and the comments DBA has received from clients. DBA makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, DBA will work diligently to reserve comparable accommodations, when possible. Passenger will bear any additional costs that may be incurred, i.e. upgrades, etc. DBA reserves the right, for technical reasons, in cases of force majeure, or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases, Passenger will be informed as soon as DBA is aware of this necessity. b. Taking possession of and vacating your room For planning purposes, check-in time at most resorts is 3:00pm (local time). Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is Passenger’s responsibility to check with the hotel ahead of time to verify the relevant policies and times. DBA is not responsible for any charges and damages resulting from Passenger’s failure to timely take possession or vacate the room in accordance with the hotel’s policies. If Passenger’s arrival is prior to check in time, please be advised that the room may not be ready. Resorts and hotels will gladly store luggage in a secure location on property so that the enjoyment of vacation time may begin without delay. DBA recommends changing into something more comfortable, enjoying a beverage and/or meal, swimming in the pool, walking along the beach, etc. until Passenger is notified that room accommodations are ready for check in. c. Types of room Room classifications and amenities may vary by hotel and/or country. It is Passenger’s responsibility to check with the hotel ahead of time to verify the specific amenities offered during the time of travel. DBA makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered. d. Room/Bedding Requests Only room categories that are paid for at the time of booking are guaranteed. Bedding configurations may only be requested (unless exactly as specified by the room category paid for) and are not guaranteed. Should Passenger arrive on resort and find their accommodations not as expected, please contact the Property Manager immediately to receive a resolution. e. Meals These depend on the meal plan chosen / applicable. • All-inclusive. This includes accommodation, breakfast, lunch, dinner and drinks (mineral water, fruit juices, teas, sodas, wines and local alcohol). Some alcoholic drinks may not be included and will be billed separately. Inclusions will vary from site to site. • Full board. This includes accommodation, breakfast, lunch and dinner, but not drinks. •Half board. This includes accommodation, breakfast and either dinner or lunch, but not drinks. In the case of full board or half board, drinks are not included, unless specifically mentioned in the description. In some countries, drinking water is not always available, and any bottles of drinking water bought are therefore at the Passenger’s expense. It is necessary to comply with all rules and local laws, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks. Please be aware that drinking tap water in some countries is not advised. f. Smoking In many places around the world, smoking is no longer allowed. If a smoker, Passenger is responsible for understanding the rules and regulations pertaining to smoking of cigarettes, cigars, pipes or electronic cigarettes in the locations being traveled to. It is necessary to comply with all local laws and rules, particularly with regard to the places designated for smoking. g. Activities offered during your stay An activity may not be appropriate for all ages or for individuals with certain medical conditions. DBA may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part. It is Passenger’s responsibility to understand what activities, if any, are included in the price of the booking. DBA is not responsible for additional charges incurred for activities while traveling. It may happen that certain activities referred to in the Trip description are no longer provided by the local operator for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season, some activities may not be available, some facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season, it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. While DBA strives to provide its clients with the most up to date information, Passenger agrees that DBA is not liable for activities unavailable or issues that may arise due to any of the reasons listed above. Activities and tours offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the Passenger’s expense. Similarly, these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DBA SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH, LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY, OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY. g. Infants DBA informs parents traveling with infants to bring with them the appropriate food for their child, as it may not be readily available at the destination. Passenger may be asked to pay a charge for special provisions, such as a crib, and/or for heating baby food and bottles. Passenger should request this when making reservations, though DBA cannot guarantee the availability of such services. h. Pregnant women DBA advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip. Passenger agrees that DBA will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances. i. Travelers with special needs or disabilities If Passenger has special needs or a disability, Passenger MUST call the provider of the accommodations ahead of time and verify that the special needs can be met. DBA makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. DBA has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the Supplier directly.
CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the Supplier. If Passenger requires a copy of these terms, please contact the Supplier or your Travel Specialist at DBA. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable, per person fee imposed by DBA. All cancellations MUST be in writing and sent to DBA by fax to 1-888-390-3729 or by email addressed to your Travel Specialist, with the subject line as CANCELLATION REQUEST. Cancellations sent to any other address will not be processed. Upon making the booking, Passenger hereby accepts & acknowledges liability for all cancellation fees imposed by DBA and the Supplier(s). Cancellations are posted within 24 hours of receipt from the time that the complete cancellation documents are received by DBA, so long as they are received on a business day. All other cancellations will be posted on the next business day. Example: If a fax is received at 6pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email once processed.
TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended. As your Travel Agent, DBA has a professional responsibility to recommend the purchase of travel protection to protect both the Passenger and the Passenger’s travels. While DBA does offer coverage through certain carriers, DBA cannot compare all the policies or companies currently available in the marketplace. This responsibility rests solely with the Passenger. DBA advises Passenger to do research and find the coverage that best fits the Passenger’s individual needs. DBA is limited to advising Passenger of the need for such coverage. By declining travel protection, Passenger acknowledges and accepts liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. Passenger also acknowledges and accepts responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if Passenger declines this type of coverage, the right to this important coverage will be waived and the Passenger’s confirmation will note “Declined” next to the travel protection section of the booking confirmation. If Passenger has purchased travel protection, please remember to review the confirmation documents for accuracy. Call DBA immediately if Passenger believes that travel protection was requested and your confirmation indicates “Declined” in the travel protection section of the booking confirmation. Failure to contact us will be considered waiver of travel protection. When purchased, DBA urges Passenger to read the travel insurance policy in its entirety when it arrives, as it contains very important information. This information includes, but is not limited to, details on the extent of coverage, the types of coverage and procedures for making a claim. All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which the Passenger is responsible for reviewing upon receipt of the travel protection policy. The contact information for the insurance provided is conveniently located on the travel insurance policy documents. DBA is unable to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, and coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider is not allowed to discuss a Passenger’s claim with DBA due to privacy laws (e.g. HIPAA). Accordingly, Passenger acknowledges that DBA cannot be involved in any aspect of a claim/request for service. Passenger acknowledges and agrees that DBA has no control over the travel insurance provider or its coverage decisions, and as a result, DBA is not responsible for and shall not be liable for policy coverage, claims processing, or the payment or denial of any claims.
AGENT/INTERMEDIARY: DBA is simply an intermediary between the Suppliers and the traveling public. DBA does not own or operate any hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, and/or other travel-related Suppliers who provide goods or services for the Passenger’s trip. Passenger acknowledges and agrees that DBA shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger as a result of a breach of contract, act or omissions, whether willful or negligent, criminal, or otherwise of any person other than DBA or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger acknowledges and agrees that DBA is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. DBA is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made during travels. DBA recommends that all Passengers be in good physical and mental health and have medical approval to travel. Passenger is responsible for bringing personal prescription medications in an amount equal to the dosage needed for the number travel days plus a few days extra. Prescribed medications may be difficult to obtain in countries outside of the US for US citizens. Any physical disabilities must be reported to DBA at the time of reservation upon initial booking so that DBA can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers with mental and/or physical conditions that may interfere with the itinerary. Passenger acknowledges and agrees that DBA shall be held harmless for any and all claims relating to Supplier rejection relating to mental and/or physical condition. While DBA prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Should Passenger find themselves dissatisfied with any of the items listed, to insure the quickest response time, it is requested that the Supplier’s Manager be contacted immediately to rectify the situation. If the results are unsatisfactory, Passenger is requested to contact DBA for assistance. Passenger acknowledges and agrees that DBA shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. DBA is not responsible for items requiring attention during travel if the Passenger chooses not to reach out for assistance either from Supplier’s management or from DBA during the dates of travel. In no event shall DBA be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage. Passengers’ Bills of Rights for our Preferred Vendors:
Apple Vacations: http://www.applevacations.com/ftc/
Classic Vacations: https://www.classicvacations.com/supplier-terms-conditions
Travel Impressions: http://www.travimp.com/about/terms.html
LIMITATION OF LIABILITY: Without limitation, Passenger assume(s) the risk of and agrees that DBA is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
MODIFICATION OF TERMS AND CONDITIONS: The Terms and Conditions may be amended or modified by DBA at any time without notice. It is therefore essential that Passenger consults the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by Passenger. Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with DBA. Without this acceptance any order is subject to cancellation at any time. The failure of DBA to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. DBA does not guarantee it will take action against all breaches of these Terms and Conditions.
SEVERABILITY: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. HEADINGS: Headings are for reference purposes only and do not limit the scope or extent of such section.
MANDATORY ARBITRATION / FORUM / CHOICE OF LAW: The Parties hereby agree 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 Illinois. The Parties agree that the arbitration shall take place in McHenry County, Illinois 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 Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against DBA. If Passenger fails to submit their claim to arbitration and instead files suit, DBA 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. Passenger and DBA agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
PLEASE DO NOT HESITATE TO CONTACT US WITH ANY QUESTIONS OR CONCERNS THAT YOU MAY HAVE.
THANK YOU FOR BOOKING WITH DESTINATIONS BY AMY. IT IS MY SINCERE PLEASURE TO PLAN YOUR TRAVELS WITH YOU.