Terms & Conditions
Client Responsibilities
Passports and Visas:
It is the client's responsibility to ensure that passports are valid for at least six months beyond the planned return date.
Clients must obtain all necessary visas and travel permits for the countries they intend to visit.
Health and Vaccinations:
Clients should consult with a healthcare professional to ensure that all required vaccinations and health precautions are taken before traveling.
Via Vacations LLC is not responsible for any health-related issues during or after the trip.
Travel Insurance:
It is strongly recommended that clients purchase comprehensive travel insurance to cover unforeseen circumstances, such as trip cancellations, medical emergencies, and lost baggage.
Personal Belongings:
Clients are responsible for their personal belongings, including passports, travel documents, money, and valuables. Via Vacations LLC is not liable for any lost or stolen items.
Compliance with Local Laws:
Clients must abide by the laws and regulations of the countries visited. Via Vacations LLC is not responsible for any legal issues arising from non-compliance.
Behavior and Conduct:
Clients are expected to behave respectfully towards fellow travelers, tour guides, and local communities. Via Vacations LLC reserves the right to remove any client who disrupts the harmony of the group.
Changes to Itinerary:
While we strive to adhere to the planned itinerary, circumstances beyond our control may necessitate changes. Clients are expected to be flexible and understanding in such situations.
Emergency Contact Information:
Clients must provide accurate emergency contact information to Via Vacations LLC before the trip. It is the client's responsibility to inform family members of their whereabouts and keep them updated during the journey.
TERMS AND CONDITIONS
Via Vacations LLC
Thank you for choosing to partner with Via Vacations LLC! In turn, we have partnered with suppliers to create a customized journey; our goal is to provide a worry-free, unique, and wonderful travel experience. To ensure that you understand the conditions of your particular vacation and its components, please review the following policies and procedures carefully. By utilizing our services and providing payment for Via Vacations LLC planning fees or any payments pertaining to your travel arrangements, you acknowledge your complete understanding of all the terms and conditions, and you hereby agree to be bound by these 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 Via Vacations and www.via-vacations.com, herein referred to as VVL. The booking passenger (the passenger filling out the reservation form or making the booking) will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the booking passenger to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to VVL, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel-related services.
PASSPORTS:
Everyone, including children and infants, must have a valid passport to travel internationally (not the Passport Card). Failure to comply will result in denial of boarding, no refund, no exceptions. Via Vacations is not responsible for passports in any way. Passports are required to be valid 6 months from your return date. Please immediately check your passport validity. If your passport expires within 6 months of your flight home, please be sure to renew your passport before your trip to avoid being denied boarding.
BOOKING ACCURACY/LEGAL NAMES:
Passenger is required to verify the accuracy of the passenger’s LEGAL PASSPORT first, middle, and last name listed on the invoice and travel documents. It is mandatory that guest names be identical to the names as they appear on passports, booking, and travel documents. Penalties associated with name changes are the sole responsibility of the booking passenger. 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 VVL immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assume full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions within 24 hours of booking.
TRAVEL DOCUMENTS:
Passenger(s) assume 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) assume sole responsibility for, and hereby release VVL 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 all Passengers procure, and have on their person, the proper travel documents at all times. VVL 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 international travel.
TRAVEL ALERTS:
It is the traveler’s responsibility to educate themselves on current travel alerts, including Zika, by visiting http://travel.state.gov and/or https://wwwnc.cdc.gov/travel/
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/cbpmc/cbpmc_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)
For Canadian citizens: http://www.ppt.gc.ca
*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.
PAYMENTS:
VVL accepts Visa, American Express, Discover, and Mastercard. VVL holds reservations until the “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by VVL on or before the Deposit Due Date, reservations are automatically canceled. Failure to remit payments on or before the final payment date will automatically put your booking at risk of cancellation and will result in a $50 late fee. 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 VVL harmless for cancellation of any booking for either late payment or declination of a credit card. Payments are only accepted through our online payment system. Payments are never automatic unless pre-authorized through the system. We cannot take any phone payments, checks, bank transfers, pre-paid cards, or any other method of payment.
PRICING:
Prices and availability quoted by VVL are not guaranteed until a deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that VVL is not responsible for any errors or omissions in any quotes or advertisements, including on our website, resulting in inventory, content, or pricing discrepancies, nor is VVL 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 they determine were erroneous due to electronic, printing, or clerical errors. You acknowledge this right and agree to hold VVL harmless for any actions or damages arising from Supplier pricing. VVL 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 surcharges.
CHARGEBACKS:
Chargebacks are not allowed. By utilizing our services and providing payment, the client agrees to take full responsibility for all charges made. If there are any issues with charges, the client must contact Via Vacations LLC directly to resolve the matter. Any chargebacks initiated by the client will be considered a breach of these terms and conditions and will result in legal action to recover the disputed amounts.
AIRFARE:
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, VVL acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit 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 airline’s policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through VVL may not be eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (VVL recommends confirming 72 hours prior and 24 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 you reserve a scheduled or charter flight involving a stopover in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time to reach the second airport. The journey to the other airport is at your own expense. VVL will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
VVL’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 VVL. VVL is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. VV will not provide any refund for trips missed, in part or full.
b. Prohibited Practices:
You agree that you will not deviate from your 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 your actual point of origin of travel, or to a more distant point(s) than your 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, VVL 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: invalidate the ticket(s), cancel any remaining portion of your itinerary, confiscate any unused Flight Coupons, refuse to board you and carry your baggage, assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid, delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program, take legal action against you.
c. Loss of Air Tickets:
You agree to safeguard your tickets and bear any and all costs related to loss or theft. If you lose your air ticket or if your ticket is stolen, VVL advises that you immediately report it to the police and to the airline.
d. Luggage:
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. Luggage fees are not included in your travel package. You will be responsible for paying any additional charges directly to the airline for checked overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust 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 luggage, you should contact your airline and declare the damage, absence, or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. VVL strongly recommends that you obtain an insurance policy covering the value of your items.
e. Limitation of Liability for Air Transport:
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT VVL IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, AIRLINE MAINTENANCE, SAFETY PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING, AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY. VVL DOES NOT OPERATE AIRCRAFT AND ACTS ONLY AS AN AGENT FOR IDENTIFIED AIRLINE PRINCIPALS THAT DO.
f. Federal Law Prohibits the Carriage of Hazardous Materials:
Federal law prohibits the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information, contact your airline representative. Please refer to the full list of TSA-prohibited items at TSA Prohibited Items.
Accommodations and Activities
a. Accommodations:
“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers, including but not limited to hotels, condos, quarters in cruise ships, motels, timeshares, campgrounds, and resorts.
b. Accommodation Classifications:
The number of stars attributed to hotels and other providers of accommodations quoted by VVL corresponds to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. VVL makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations if possible. However, you would bear any additional costs for upgrading the room or property. We reserve 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, we will inform you as soon as we are aware of this necessity.
c. Taking Possession of and Vacating Your Room:
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. VVL is not responsible for any charges and damages resulting from your failure to take possession of or vacate your room in a timely manner. Typical check-in time is 4 PM, and check-out time is 12 PM. Early possession or late vacation of your room may result in fees charged by the hotel, which are at the hotel’s sole discretion and paid entirely by the passenger.
d. Types of Room:
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. We do our best to keep you informed, but VVL makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
e. Meals:
These depend on the meal plan chosen/applicable:
All-inclusive: This includes accommodation, breakfast, lunch, dinner, and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
Full board: This includes accommodation, breakfast, lunch, and dinner, but no drinks.
Half board: This includes accommodation, breakfast, and either dinner or lunch, but no drinks.
European Plan: This includes accommodation without meals and 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 customer’s expense. It is necessary to comply with all relevant rules, 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.
f. Activities Offered During Your Stay:
An activity may not be appropriate for all ages or for individuals with certain medical conditions. VVL may not be held liable in the event of an incident or accident due to a lack of vigilance on your part.
It may happen that certain activities referred to in the trip description are no longer provided by our local provider 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 (e.g., 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., is insufficient for the demand. The opening hours of bars, restaurants, clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that VVL is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the customer’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.
g. You Acknowledge: That the use or enjoyment of an activity may be hazardous and inherently risky, and, to the maximum extent permitted by law, KT shall have no liability for any personal injury or death; lost, stolen, damaged, or destroyed property; or 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.
h. Infants: We ask parents traveling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example, for the provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
i. Pregnant Women: VVL advises pregnant women to consult their doctors before making any reservation to confirm that it is appropriate for them to participate in the trip. You agree that VVL will not be liable for any damages arising from the inability to participate in any or all of the trip due to pregnancy or a related illness, and no compensation will be payable under such circumstances.
j. Travelers with Special Needs or Disabilities: 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. VVL 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. VVL has no special knowledge regarding the suitability of disabled persons for any portion of any tour or activity offered. For information concerning the suitability of disabled persons for any portion of any tour or other reservation, contact the supplier directly.
k. Cancellation Policies: All cancellations or no-shows are subject to penalties. There are no refunds unless insurance (travel protection/travel insurance) has been purchased to cover your trip. If insurance has been purchased, refunds are subject to the insurance policy. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and are subject to a non-refundable $50 per person fee imposed by VVL. All cancellations MUST be in writing and sent to VVL by email. Upon making the booking, the Passenger(s) hereby accept and acknowledge liability for all cancellation fees imposed by VVL and the supplier. Cancellations are posted within 24 business hours of when the complete cancellation documents are received by VVL. Your cancellation will be confirmed via email when processed. In the event that VVL cannot be reached, you must call the numbers provided in your travel documents to cancel your trip prior to departure.
l. Revision Policies: Any changes made to a reservation are subject to the current pricing at the time of the change and will incur a non-refundable $50 per person fee imposed by VVL on top of the new reservation cost. All revision requests MUST be in writing and sent to VVL by email. Your revision will be confirmed via email when processed.
m. 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 the tour operator/supplier we use to book your trip, please be aware that there are other third-party insurance providers for you to consult with. VVL 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. VVL 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 a 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. VVL is not able 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 may not be allowed to discuss your claim with VVL due to privacy laws (e.g., HIPAA). Accordingly, you acknowledge that VVL cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that VVL has no control over the travel insurance provider or its coverage decisions, and as a result, VVL is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
n. Medical Insurance Requirements
Certain countries require foreign visitors to have valid medical insurance upon entry. VVL cannot be held responsible if any Passenger(s) is denied entry due to the inability to provide proof of insurance or for any other reason. Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to rectify the situation. You acknowledge that without this coverage, there may be no way to recoup any losses, costs, or expenses incurred. If you choose to travel without adequate coverage, VVL will not be liable for any of your losses, howsoever arising, for which travel protection plan coverage would otherwise have been available.
o. Force Majeure
VVL shall not be responsible for, and shall make no refund for, events beyond its control, including, but not limited to, acts of God, strikes, acts of war, terrorism or civil disturbance, government restrictions, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, or acts or omissions of third parties or other parties not under the control of VVL, and all similar events outside our control.
p. Agent/Intermediary
VVL acts as an intermediary between the Suppliers and the public. VVL does not own or operate any of the 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 VVL 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 VVL 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 VVL is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections, or any other condition beyond its control. VVL is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
VVL recommends that all Passengers be in good physical and mental health and have medical approval to travel. The 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 whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that VVL shall be held harmless for any and all claims relating to Supplier rejection due to mental or physical conditions.
While VVL 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 VVL shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall VVL 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, onboard a cruise ship, on tenders, onshore 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.
q. Non-Disparagement
VVL encourages our clients to provide us with feedback on our services along with our supplier’s services. Clients accepting these terms and our services agree that they will not disparage the company or any of its agents, officers, directors, or employees. For purposes of this section, “disparage” shall mean any negative statement, review, report, or ranking, whether written or oral, about VVL and its companies, employees, officers, or directors. Such actions as stated are in breach of this non-disparagement agreement and entitle VVL to seek compensation for damages in the amount of $50,000 per instance.
r. Limitation of Liability
Without limitation, Passenger(s) assume the risk of, and agree that VVL 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.
s. Modification of Terms and Conditions
The Terms and Conditions may be amended or modified by VVL at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly 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 VVL. Without this acceptance, any order is subject to cancellation at any time.
The failure of VVL 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. VVL does not guarantee it will take action against all breaches of these Terms and Conditions.
t. 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.
u. Headings
Headings are for reference purposes only and do not limit the scope or extent of such sections.
v. 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 New Jersey. The Parties agree that the arbitration shall take place in Camden County, NJ, 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 VVL. If Passenger(s) fail to submit their claim to arbitration and instead file suit, VVL 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 VVL agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
w. Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles. Any dispute arising from the contract shall be litigated in Camden County, NJ. All Passenger claims must be submitted in writing and received by VVL no later than thirty (30) days after the completion of the VVL trip. Passenger claims not submitted and received within this time shall be deemed waived and barred.
CLIENT AGREEMENT
Please read and submit the client agreement below.
Work will begin after trip Booking and Planning Fees have been paid, and once a client agreement, valid credit card, Traveler Profile, and copies of passports/IDs are on file.
THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”). Please read it carefully before checking the agreement box. (required)
I understand that Via Vacations LLC (hereinafter "VVL") is not the source or supplier of the travel services I have requested and acts solely as an agent for the actual suppliers of such services. I have been advised that the suppliers whose names appear in the information supplied to me are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold VVL responsible should any of these suppliers:
Fail to provide the travel services I have purchased;
Fail to comply with any applicable law; or
Engage in any negligent act or omission that causes me any sort of injury, damage, delay, or inconvenience.
I accept that VVL is not responsible for, nor will I attempt to hold it liable for, any injury, damage, or loss I may suffer on account of any conditions, actions, or omissions that are beyond its reasonable control. Excepting liability that directly arises from the gross negligence or willful misconduct of VVL, I will not hold it responsible for any injury, damage, or loss I may suffer while on any third party provided or operated excursion or activity. I will review my travel documents for accuracy upon receipt and understand that I may contact VVL if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. I have been advised to use a credit card as this may offer me the opportunity to dispute the charge should a vendor cease to operate. I understand that the Transportation Security Administration (TSA) requires me to carry a government-issued identification card in order to board a flight. I have been advised that the name, date of birth, and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight. I understand that if traveling internationally, I must have a valid passport and, depending upon my destination and nationality, I may need to obtain one or more visas. VVL has no special knowledge regarding the financial condition of travel service providers selected for your tour, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, VVL recommends contacting the Travel Warnings Section of the U.S. State Department at 1-888-407-4747 or www.travel.state.gov. For medical information, VVL recommends contacting the Centers for Disease Control at 1-800-232-4636 or www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of my destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). I understand that the airline tickets, air tours, or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by VVL to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets, or any combination thereof. I hereby consent to any post-purchase price increases and authorize VVL to charge my credit card for such additional amounts. I understand that I may purchase travel insurance to cover certain risks inherent in travel, such as supplier bankruptcy and the inability to travel due to a medical or personal emergency. The laws of the State of New Jersey govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. I agree that any action or proceeding brought by me against VVL shall be brought solely in the courts of New Jersey located in Camden County. In the event any action or proceeding is initiated by me in a court outside of Camden County, New Jersey, I agree to pay VVL's costs and reasonable attorney fees associated with defending such action or proceeding.
I have read the above agreement. By submitting this form, I agree to the terms of the Release, Waiver of Liability, and Assumption of Risk Agreement.
