Travel Agency Service Agreement
Trip Concierge, Inc., (collectively referred to herein as the “Agent”) shall act as the booking agent for your travel needs, (hereinafter referred to as the “Guest”). The terms and conditions in this Agreement (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a Guest. The person, entity, or their representatives using our services, website, or booking a reservation through us are referred to as “you” and “your” throughout and includes any forms attached or any quote or invoice provided by us referencing these terms and conditions. The terms “we”, “us” and “our” refer to the Agent.
This Agreement commences on the date we accept your account application form via our website or the date you place a booking through us via email or telephone (whichever occurs sooner) and shall continue for the duration of time we provide travel management services to you. This Agreement is non-exclusive.
2. Agency of Record
Should you require us to make use of an expense tracking or online booking platform as part of this Agreement, you shall designate the Agent as the agency of record with that booking platform.
3. Our Agreement With You
During the Term, we will use our best efforts to provide you, with services as requested. We sell a variety of travel-related products from different suppliers and service providers (the “Suppliers”). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at https://www.tripconcierge.co.
When you make a booking with us, you acknowledge and agree that we will be acting as an agent only for the relevant transport, accommodation or other travel service provider. Our obligation to you is to (and you expressly authorize us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. The travel service provider, and not the Agent, will be responsible to you for the provision of the relevant travel service. Any services we provide to you are collateral to our agency relationship with the travel service provider and are separate to the actual provision of the travel services. We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services. Your legal recourse for travel services is against the specific travel service provider and, except to the extent a problem is caused by fault on our part, not against us. Specifically, if for any reason (excluding fault on our part), any travel service provider is unable to provide the travel services for which you have contracted, your remedy lies against the travel service provider and not with us.
5. Travel Arrangers
In instances where a single person is acting on behalf of a group of passengers in relation to the ticket purchase and check-in processes, that single person is assuming the responsibility of providing the terms and conditions to each passenger traveling and is responsible for providing the indication of understanding on behalf of the group. The group representative or entity shall provide indemnification for any misunderstanding or claim arising related to a failure to communicate or obtain consent related to the terms and conditions or this agreement.
6. Travel Insurance
For all travel, we strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. It is your responsibility to ensure you have valid travel insurance that covers and is appropriate for your needs. Travel insurance is a mandatory element of some travel arrangements. We will not be liable for any loss you incur if and insofar as you are able to claim for damages under a travel insurance policy. We can arrange travel insurance for you or provide you with a quote or general information about the travel insurance options available to you.
7. Understanding this Agreement
The provider of your travel service will have its own terms and conditions (such as airline conditions of carriage or accommodation or car hire booking and cancellation terms). All such terms and conditions (including limitations of liability) apply to any travel service booked pursuant to this Agreement and, accordingly, a reference to “this Agreement” shall mean (i) the terms and conditions set out herein; (ii) the terms and conditions set out in any credit account extended to you (if applicable); and (iii) all terms and conditions of any provider of your travel services. To the extent of any inconsistency between a travel service provider’s terms and conditions and the terms and conditions set out herein, the travel service provider’s terms and conditions shall prevail, save to the extent that any provision in the travel service provider’s terms and conditions is deemed to be invalid or unenforceable. Your travel service providers will be identified on your itinerary or travel documents and their respective terms and conditions will be available directly on their websites or by contacting them. Alternatively, you can ask us for copies. You must read all applicable travel service provider terms and conditions carefully because in every case they will apply to the provision of your travel services.
8. Travel Documents
Travel documents include airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, non-transferable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking or on the travel documents may result in an inability to travel on that booking and the booking being canceled. Please review your travel documentation carefully and advise us immediately of any errors in names, dates, and timings. You must ensure you have all your travel documents and e-tickets prior to travel. Please let us know if you believe you have not received any required documentation. Refunds will not be issued for passengers denied boarding due to inability to present proper documentation or failing to arrive at the airport on time.A flight described on your travel documents and/or itinerary as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, and operational requirements.Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.If possible, name changes provided in writing will be accepted until 24 hours after booking and are subject to the provisions and penalties of flight contracts. Name changes can be refused at any time or subject to cancellation penalties in the case of a hotel/supplier close-out. Name changes requested after documents are issued are subject to the terms and conditions of the individual supplier, third parties’ fees and assessments schedule.
9. Supplier Price Quotes
Where we provide you with a quote for a scheduled airline ticket, the price shall be valid at the time of quote (excluding airline taxes, which are subject to change and may be re-quoted at the time your booking is confirmed), but fare quotes are subject to change due to airline availability, pricing, and terms or other factors that are beyond our control. In all other cases, prices are subject to availability and can be withdrawn or changed without notice. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes, and airfare increases. Please contact us for up to date prices.All airlines tickets 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. You may be charged additional sums by the Agent to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize the Agent to charge my credit card for such additional amounts.
10. Service Fees
Our pay-per-use service fees are clearly outlined on our website. All fees shall be due at the time of booking and are non-refundable. Should a Guest cancel their trip, booking, reservation or other arrangement, the fees charged by the Agent shall be non-refundable, and no claims for refunds will be granted. You may provide an invoice to your travel insurance provider by making a claim with them, and to include our fee invoice in your claim under your travel insurance policy.
11. Deposits and Payment
Any deposits from you are non-refundable, unless otherwise specifically specified. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers. We reserve the right to refuse personal checks as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
12. Payment Terms
Corporate credit card payments will be taken at time of booking/invoicing and will incur merchant fees. You authorize us to charge all fees incurred by you in relation to the services provided to the card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand. You indemnify us against any loss that may be experienced by us due to any fraudulent use or otherwise of that credit card. Please note that in some circumstances we will require a photograph or facsimile of the front and back of the card along with a driver’s license or other government identification of the person named on the card and a signed authorization.
13. Amendment and Cancellation Fees
Canceled bookings may incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees and extra charges may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a travel service provider cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge. Where you seek a refund for a canceled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider.
Your contract with your Suppliers may allow them to cancel or amend bookings. If we are your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply.If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.If you have purchased a return flight, multi-stop or round the world flight and you do not check in on a confirmed flight, the airline will register you as a ‘no show’ and your tickets on your subsequent flights will be canceled. Please contact us as soon as possible if you do not intend to check-in for a confirmed reservation in these circumstances.After you have left the US, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
14. Passports & Visas
You assume full and complete responsibility for checking and verifying all passport and visa requirements of the destinations and for complying with all laws of the country in the Itinerary.All travelers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return. Some countries also require a machine-readable passport and/or unstamped available pages. When assisting with an international travel booking, we will assume that all travelers on the booking have a valid passport. If this is not the case, you must let us know. It is important to ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, delay or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part).If you need information regarding visas, passports and other travel document requirements for your trip, please contact us. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can obtain visas for you through this external service and fees will apply). We do not warrant the accuracy of visa and passport information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
15. Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at http://www.travel.state.gov for all the countries you intend to visit. Travelers of nationalities other than the United States should visit their respective countries government travel website for updated travel information. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or http://www.cdc.gov/travel.
16. Airline use of Insecticide Spray
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page on their website at the time of booking for further information https://www.transportation.gov/airconsumer/spray.
17. Hazardous Materials Disclosure
Federal law forbids 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 of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at TSA’s prohibited items webpage at https://www.tsa.gov/traveler-information/prohibited-items.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country or invalidate your travel insurance cover. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. We would be happy to provide you details of travel clinics on request.
During local or national holidays abroad, certain facilities such as museums, sightseeing tours, medical facilities, and shopping may be limited.
We exercise care in the selection of reputable travel service providers but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. We are responsible to ensure that we process your booking with reasonable skill and care and, accordingly, our liability to you (except for fraud, or death or personal injury caused by our negligence) will be limited to supplying the relevant service again or paying the cost of having the relevant service supplied again. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.In no event, do we accept any liability in contract, tort or otherwise, for any injury, damage, property damage, accident, irregularity, loss, delay, additional expense or inconvenience caused either: (i) directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part (ii) any matter beyond our exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss any portion of your trip or tour. We also do not accept any liability in contract, tort or otherwise, for consequential loss (meaning indirect loss, loss of revenue, loss of reputation, loss of profits, loss of actual or anticipated savings, lost opportunities, including opportunities to enter into arrangements with third parties or loss or damage in connection with claims against you by third parties) howsoever caused in connection with your booking. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel.
21. Special Requirements
Please speak to us about any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or access. Please understand that travel service providers may not be able to accommodate every request.
22. Frequent Flyer & Loyalty Programs
Please provide your frequent flyer Guestship details (or other applicable loyalty program details) at the time of booking. Please ensure your details show on your boarding pass. Please check your loyalty program for the specific terms of your Guestship. We cannot guarantee that the travel service provider will credit you with points for your booking. Any loyalty program discrepancies in relation to your booking must be communicated to us within six months of your flight departure date.
23. Data Protection
24. Money not held in trust
All money paid by you to us will be our property and will be a debt due and payable to the travel service provider. You agree and acknowledge that such money will not be held by us in trust for and on behalf of you and we may hold such money in any account as we see fit, including with our own and/or our other Guests’ money.
25. Third Party Rights
A person who is not a party to this Agreement shall have no rights to enforce any term of this Agreement. This paragraph does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
26. Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law. The Website is subject to our online terms of service found at https://www.tripconcierge.co/terms.Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any robot, spider or other automated or manual device or program, (b) deep link to any portion of our website, or frame or incorporate any portion of our website into any other website. Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
27. Events During Your Travels
You are also responsible for respecting the authority and following the directions of the respective supplier staff and employees. You may be excluded from participating from all services in our sole discretion or the sole discretion of the supplier, should your condition or behavior render you unfit for the service. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of supplier services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the tour. We are not responsible for the behavior of other tour participants toward you. Should you decide not to use or participate in certain services after they have been booked, no refunds will be made for those unused parts. You agree to release us from liability for any matter for which we disclaim liability under this Agreement. You agree to indemnify and hold us harmless from and against our liability to third parties arising out of your or your companions’ actions or omissions.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
30. Warranties, Disclaimers, and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO “US”, “WE” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BOTH GUEST AND INDIVIDUAL TRAVELERS ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME, (A) NEITHER TRIP CONCIERGE NOR ANY OTHER PERSON ON TRIP CONCIERGE'S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH GUEST AND INDIVIDUAL TRAVELRE ACKNOWLEDGES AND AGREES THAT IN DECIDING TO PURCHASE A SERVICE HE, SHE OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY TRIP CONCIERGE OR ANY OTHER PERSON ON TRIP CONCIERGE'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME.
32. Errors & Omissions Insurance
The Agent, with respect to its services as booking agent for the Guest, shall maintain Professional Liability and Errors and Omissions (E&O) Insurance with Berkshire Hathaway Direct Insurance Company of no less than one-million United States dollars ($1,000,000). It is the sole responsibility of the Guest, aircraft, hotel, activity operators or partners to maintain liability insurance coverage. Guests Parties understand and agree that Trip Concierge is not liable for any claims arising out of or in connection with the services of the travel suppliers or any of its partners and affiliates. Trip Concierge strongly recommends that Guest maintain sufficient travel insurance to cover any eventuality. Trip Concierge will make best efforts to assist Guest in making requests for refunds with Suppliers, but shall not be held liable for any amounts that cannot be recovered from a Supplier for lack of proper travel insurance.
33. Governing Law
This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Nevada without reference to the conflict of law principles of any jurisdiction.
The Agent reserves the right to change, suspend or terminate any of its services, or suppliers at any time, including, without limitation, changes, suspension or termination of any routes, destinations used and/or operators or travel suppliers that perform flights, hotel, car, and tours and changes to (or imposition of new) fees or other charges for services or benefits, but shall advise you of such changes no less than thirty (30) days prior to the change being implemented. Trip Concierge may from time to time offer new destinations, special destination promotions and other services or benefits, all of which are subject to change, suspension or termination at any time and also may be subject to additional fees or charges.
35. Dispute Resolution
Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to this Agreement, any of the Terms and Conditions or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be Broward County, Florida. Arbitration may be conducted remotely. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Guest and Trip Concierge alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.
36. No Joint-Venture or Partnership
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
This Agreement shall be binding upon and inure to the benefit of the parties. You may not assign or transfer your rights or obligations without the prior written consent of the Agent, which may be withheld at its sole discretion.
If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Any notice, direction or other instrument required or permitted to be given to any party hereto shall be in writing and shall be sufficiently given if delivered personally (including by courier without the necessity of obtaining a signature from the recipient of the couriered package, provided that the courier employs a tracking system to track deliveries), or transmitted by any other means of electronic transmission such as email with a delivery receipt requested to such party, as follows:(a) in the case of Trip Concierge, to:firstname.lastname@example.org(b) in the case of the Guest, at the address specified in your profile form.Any such notice, direction or other instrument, if delivered personally (including by courier), shall be deemed to have been given and received on the day on which it was delivered, provided that if such day is not a Business Day then the notice, direction or other instrument shall be deemed to have been given and received on the first Business Day next following such day and if transmitted by fax or email, shall be deemed to have been given and received on the day of its transmission, provided that if such day is not a Business Day or if it is transmitted or received after the end of normal business hours then the notice, direction or other instrument shall be deemed to have been given and received on the first Business Day next following the day of such transmission.Any party hereto may change its address for service from time to time by notice given to each of the other parties hereto in accordance with the foregoing provisions.
This Agreement together with the agreements and other documents referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings, emails or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. This Agreement shall not be construed as creating a joint venture, partnership or other form of association or cooperative arrangement between Trip Concierge and Guest. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.
41. Electronic Signatures
Each party agrees that the electronic signatures and acknowledgments, whether digital or encrypted, and whether via email, text message or chat, of the parties to this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. This includes checking the checkbox during our onboarding process and/or making a booking directly with one of our agents. Guest’s access or use of the Service and the Application constitutes Guest’s agreement to be bound by all terms and provisions of this Agreement (including the agreements and other documents referenced herein and incorporated herein by reference) as amended or modified from time to time.
42. Connecticut Resident’s Rights
Guests who are legal residents of Connecticut have a right to cancel this Agreement. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESSDAY AFTER THE DATE OF THIS TRANSACTION. In the event Guest residing in Connecticut chooses to exercise the cancellation right, Guest agrees to pay Trip Concierge for any and all services that Guest utilized prior to cancellation of his or her Agreement at the published non-Guest rates. Guest also acknowledges that flights that were booked are in most instances non-refundable after 24 hours of booking.