TERMS AND 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 Jimmy and Kara Pleasant DBA Pleasant Escapes Travel Agency and pleasantescapes.com, herein referred to as The Agency. The addressee (lead/booking passenger) of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the addressee (lead/booking passenger) to inform all other parties traveling of the contents of these terms and conditions. The lead/booking passenger, by accepting this receipt and making payment to the agency, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
BOOKING ACCURACY/LEGAL NAMES: Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify The Agency immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) 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 guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
TRAVEL DOCUMENTS: Passenger(s) 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(s) assumes sole responsibility for, and hereby releases The Agency 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 the requirement that all Passengers procure, and have on their person the proper travel documents at all times. The Agency recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements. Please note, effective January 23, 2007 a valid passport will be the only acceptable document for travel to Mexico.
Suggested reference materials for passport, visa, health requirements as well as travel advisories:
For US Citizens: http://travel.state.gov
Western Hemisphere Travel Initiative: http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_2223.html
US State Department Travel Warnings: http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html
US State Department Travel Alerts: http://www.travel.state.gov/travel/cis_pa_tw/pa/pa_1766.html
US Center for Disease Control for required vaccinations: http://www.cdc.gov/travel
Visa information for US citizens: http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html
(examples of countries requiring Visas: Australia, Brazil, China, Egypt, India, Russia, & Turkey)
*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.
PRICING: Prices and availability quoted by The Agency are not guaranteed until deposit is fully paid and confirmation is sent. Pricing and availability may change without notice. Passenger agrees that The Agency 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 the agency 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. You acknowledge this right and agree to hold The Agency harmless for any actions or damages arising from Supplier pricing. The Agency reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge
PAYMENTS: The Agency accepts Visa, American Express, Discover, and Mastercard. The Agency holds reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by the agency on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold The Agency harmless for cancellation of any booking for either late payment or declination of a credit card.
Credit Card Authorization: I authorize Pleasant Escapes/ Palm Coast Travel or its suppliers to charge the credit card indicated on the authorization form. The payment authorization is for the goods/services described, for the amount indicated, and is valid for one time use only. I certify that I am an authorized user of the credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated on the form. I agree that I will pay for the purchase in accordance with the issuing bank cardholder agreement. Palm Coast Travel is an approved travel agency authorized to conduct business with all travel suppliers including, but not limited to airlines, car rental agencies, hotels, cruise lines, tour operators, and travel insurance companies. Your professional travel agent Pleasant Escapes/Jimmy & Kara Pleasant is contracted with Palm Coast Travel for the purchase of these various travel services, therefore, it is required that you comply with our credit card acceptance policies. You should complete the authorization form if you are using your credit card to purchase travel services for yourself or other individuals known to you. Please fully complete and return all authorization form(s) to your travel agent (Jimmy & Kara Pleasant) using the instructions provided. The purpose of the Credit Card Authorization form is to comply with credit card acceptance rules with travel suppliers and to protect you the cardholder, Palm Coast Travel, and your travel agent (Jimmy & Kara Pleasant) from credit card fraud. If you have any questions or concerns regarding our form, please contact your travel Agent. This form must be completed and signed by the cardholder. Pleasant Escapes/Palm Coast Travel reserves the right to request additional information from the cardholder. If fraud is suspected, Pleasant Escapes/Palm Coast Travel reserves the right to deny this transaction. For your protection, It is you responsibilty to check that you have a secure connection before submitting any on-line information.
CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable $75 per person fee imposed by The Agency. All cancellations MUST be in writing and sent to The Agency.
TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. The Agency is limited to advising you of the need for such coverage.
By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.
We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent 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 you the passenger are responsible for reviewing upon receipt of your travel protection policy. The Agency is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with The Agency due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that The Agency cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that The Agency has no control over the travel insurance provider or its coverage decisions, and as a result The Agency is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
AGENT/INTERMEDIARY: The Agency is simply an intermediary between the Suppliers and the public. The Agency does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that The Agecny shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than The Agency 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(s) acknowledge and agree that The Agency is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. The Agency is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
The Agency recommends that all Passengers be in good physical and mental health and have medical approval to travel. The Agency 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. You agree that The Agency 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. If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. The Agency 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. The Agency 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. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that The Agency shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While The Agency 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. Passenger(s) acknowledge and agree that The Agency shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall The Agency 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.
LIMITATION OF LIABILITY: Without limitation, Passenger(s) assume the risk of, and agree that The Agency 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 The Agency at any time without notice. It is therefore essential that you consult 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 you. 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 The Agency. Without this acceptance any order is subject to cancellation at any time. The failure of The Agency 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. The Agency does not guarantee it will take action against all breaches of this 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 Alabama. The Parties agree that the arbitration shall take place in Madison County, Alabama 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 The Agency. If Passenger(s) fails to submit their claim to arbitration and instead files suit, The Agency 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(s) and The Agency agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.