TERMS AND CONDITIONS

Travel Agency Client Agreement

These Terms and Conditions Agreement is entered into by and between Family Vacations, LLC, an Alabama limited liability company (the “Agency”), and the client identified on the applicable booking confirmation (“Client”). By requesting or confirming a booking through the Agency, the Client acknowledges and agrees to be bound by the terms set forth herein.

I.         Definitions

“Booking” means any reservation for travel-related services, including but not limited to airline tickets, hotel accommodations, car rentals, cruises, tours, excursions, and travel packages, made by the Agency on behalf of the Client.

“Supplier” means any third-party provider of travel services, including airlines, hotels, cruise lines, tour operators, ground transportation companies, and similar entities.

“Travel Documents” means passports, visas, health certificates, vaccination records, and any other documentation required for entry into or transit through any destination.

II.        Services of the Agency

The Agency acts as an intermediary between the Client and Suppliers. The Agency’s role is limited to arranging travel services on behalf of the Client. The Agency does not own, operate, manage, or control any Supplier, and the Agency is not a party to any contract between the Client and any Supplier. Services provided by Suppliers are subject to those Suppliers’ own terms and conditions, which the Client agrees to be bound by upon confirmation of a Booking.

The Agency will exercise reasonable care and skill in selecting Suppliers and arranging travel services. However, the Agency does not guarantee the performance, safety, suitability, or quality of any Supplier’s services.

III.      Bookings and Confirmations

All Bookings are subject to availability and confirmation by the applicable Supplier. A Booking is not confirmed until the Client receives a written booking confirmation from the Agency and the required deposit has been received and applied to the Booking. The Client is responsible for carefully reviewing the booking confirmation immediately upon receipt, including, without limitation, the Client’s full legal name as it appears on the Client’s passport, driver’s license, or other required Travel Documents; home address; email address; telephone number; date of birth; dates of travel; itinerary; total cost; payment schedule; accommodations; airfare; transportation; tours; excursions; and any other services or details included in the confirmation. The Client must promptly notify the Agency in writing of any errors, omissions, or discrepancies.

The Client warrants that all information provided in connection with a Booking, including personal identification details, travel preferences, special requirements, and payment information, is accurate and complete. The Agency shall not be liable for any loss, expense, delay, denied boarding, denied entry, reissuance fee, change fee, fare increase, cancellation penalty, or other cost arising from inaccurate or incomplete information provided by the Client or the Client’s failure to review the booking confirmation or timely notify the Agency of any inaccurate or incomplete information.

IV.       Pricing and Payment

Pricing and availability are subject to change without notice and are not guaranteed until the applicable Supplier’s required deposit has been fully paid and accepted by the Supplier. Prices are based on tariffs, exchange rates, taxes, fees, and surcharges in effect at the time of quotation and may be adjusted thereafter to reflect changes in any of these factors.

Deposit amounts, deposit due dates, refundability, non-refundability, and final payment due dates vary by Supplier, booking type, promotional offer, room or category type, itinerary, and other applicable Supplier terms. The required deposit, final payment due date, refundability terms, and other payment requirements will be stated in the applicable booking confirmation or Supplier terms, and the Client is responsible for complying with those requirements.

The Agency processes payments on behalf of the Client directly to the applicable Suppliers using the payment method authorized by the Client. The Agency does not receive travel funds from the Client and then use Agency funds to pay Suppliers. The Client authorizes the Agency to process deposits, interim payments, final payments, and other Supplier charges using the Client’s authorized payment method in accordance with the applicable booking confirmation and Supplier terms.

Certain Suppliers may offer courtesy holds for reservations, and the length and availability of any courtesy hold vary by Supplier. The Agency will use reasonable efforts to hold a reservation until the deposit due date indicated on the booking confirmation; however, if the required deposit or payment information is not received on or before the applicable due date, or if the Client fails to respond timely to payment requests, the reservation may be automatically cancelled by the Supplier without further notice.

The Agency may send final payment reminders to the Client before the final payment due date and may confirm the amount due and authorized form of payment. Such reminders are provided as a courtesy only and do not modify the Client’s responsibility to make timely payment. The Client agrees to hold harmless Family Vacations, LLC from and against any cancellation, loss, penalty, fee, price increase, forfeiture, or other consequence arising from late payment, non-payment, declined credit card, invalid payment information, or the Client’s failure to respond timely to payment communications.

V.        Agency Fees

The Agency may charge service fees for arranging Bookings, processing changes, issuing documents, and providing consultation. All applicable fees will be disclosed to the Client prior to or at the time of Booking. Agency service fees are non-refundable except where required by applicable law. Any Agency fees will be invoiced directly through the Agency’s system and may be paid by credit card. Agency fees are separate from Supplier charges and are due upon invoice unless otherwise stated in writing.

VI.       Cancellations and Changes by the Client

All cancellation and change requests must be submitted to the Agency in writing. Cancellations and changes are subject to the terms, conditions, availability, and penalties imposed by the applicable Supplier, which may include fare increases, change fees, cancellation penalties, or forfeiture of all or part of the amounts paid.

In addition to Supplier-imposed penalties, the Agency will charge the following change fees per reservation: (a) after initial deposit, Fifty Dollars ($50.00) per change; (b) after final payment and at least thirty (30) days prior to travel, One Hundred Dollars ($100.00) per change; and (c) from twenty-nine (29) days prior to travel through the date of travel, Two Hundred Dollars ($200.00) per change.

In addition to Supplier-imposed penalties, the Agency will charge the following cancellation fees per reservation: (a) after initial deposit, One Hundred Dollars ($100.00); (b) after final payment and at least thirty (30) days prior to travel, Two Hundred Dollars ($200.00); and (c) from twenty-nine (29) days prior to travel through the date of travel, Two Hundred Fifty Dollars ($250.00).

All Agency change fees and cancellation fees will be invoiced directly through the Agency’s system and may be paid by credit card. The Agency will use reasonable efforts to obtain refunds from Suppliers on the Client’s behalf when refunds are available under the applicable Supplier terms, but the Agency does not guarantee the availability, timing, or amount of any refund.

VII.     Cancellations and Changes by the Supplier

The Agency shall not be liable for cancellations, schedule changes, overbookings, or other modifications made by a Supplier. In the event a Supplier cancels or materially alters a Booking, the Agency will use reasonable efforts to notify the Client promptly and assist in arranging alternative services or obtaining applicable refunds, but the Agency has no obligation to provide or fund alternatives at its own expense.

VIII.   Travel Documents and Entry Requirements

The Client is solely responsible for obtaining and maintaining all Travel Documents required for the planned itinerary, including but not limited to valid passports, visas, transit permits, and health or vaccination certificates. The Client acknowledges that entry requirements are determined by the governments of the relevant countries and are subject to change without notice.

The Agency may provide general guidance regarding Travel Document requirements as a courtesy; however, such guidance does not constitute legal advice, and the Agency does not warrant its accuracy or completeness. The Agency shall not be liable for any loss, cost, or delay arising from the Client’s failure to obtain or maintain proper Travel Documents.

IX.       Travel Insurance

The Agency strongly recommends that the Client purchase comprehensive travel insurance covering trip cancellation, trip interruption, medical expenses, emergency evacuation, lost baggage, and other contingencies. The Agency may offer travel insurance products for the Client’s consideration but is not obligated to do so.

The Client acknowledges that the decision whether to purchase travel insurance rests solely with the Client. The Agency shall not be liable for any losses that would have been covered by travel insurance that the Client elected not to purchase.

If the Client elects to purchase travel insurance, the Client is solely responsible for reviewing the policy terms, coverage limits, exclusions, conditions, claim procedures, and deadlines applicable to the selected policy. Any request for benefits, services, reimbursement, or coverage under a travel insurance policy must be submitted directly to the insurance provider in accordance with the provider’s requirements. The Agency is not an insurance provider and is not authorized to interpret policy coverage, provide advice regarding claims, determine whether a claim is covered, assist with claim processing, or advocate for approval of any claim. The Client acknowledges that, due to privacy laws and insurance provider policies, the insurance provider may not communicate with the Agency regarding the Client’s policy, claim, medical information, or request for services. Family Vacations, LLC shall not be responsible for filing, managing, supporting, or participating in any travel insurance claim or request for services. The Agency has no control over any travel insurance provider, policy terms, coverage determination, claim decision, delay, denial, or payment, and the Agency shall not be liable for any denial of coverage, denial of benefits, claim delay, or other decision made by the insurance provider.

If the Client declines to purchase travel insurance, the Client acknowledges and agrees that the Client is solely responsible for any and all losses, costs, fees, penalties, and expenses that may arise before, during, or after travel, including but not limited to cancellation penalties, change fees, non-refundable Supplier charges, trip interruption expenses, travel delays, missed connections, lost or delayed baggage, emergency medical treatment, medical evacuation, quarantine, lodging, meals, transportation, and any additional costs required to continue, modify, or return from the trip. The Client further acknowledges that the Agency is not responsible for arranging, paying for, or reimbursing any such costs or services that would have been covered by travel insurance.

The Client’s written, electronic, or text-message confirmation declining travel insurance shall constitute the Client’s acknowledgment that travel insurance was offered or recommended and that the Client elected to proceed without such coverage.

X.        Limitation of Liability

To the fullest extent permitted by applicable law, the Agency’s total liability to the Client, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount of service fees actually paid by the Client to the Agency in connection with the Booking giving rise to the claim.

The Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of enjoyment, loss of anticipated savings, loss of business opportunity, or emotional distress, regardless of whether such damages were foreseeable.

The Agency shall not be liable for any loss, damage, injury, delay, or expense of any kind arising from or attributable to: (a) acts or omissions of any Supplier; (b) acts of God, force majeure, war, terrorism, civil unrest, epidemics, pandemics, natural disasters, or other events beyond the Agency’s reasonable control; (c) the Client’s own acts, omissions, or negligence; (d) the Client’s failure to follow applicable travel advisories or governmental directives; or (e) the Client’s failure to obtain or maintain proper Travel Documents.

XI.       Indemnification

The Client agrees to indemnify, defend, and hold harmless the Agency and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Client’s breach of this Agreement; (b) the Client’s negligence or willful misconduct; or (c) any dispute between the Client and a Supplier.

XII.     Complaints and Dispute Resolution

Any complaint relating to services provided by a Supplier should be raised directly with the Supplier at the time the issue arises, and the Client should obtain written acknowledgment of the complaint from the Supplier. If the complaint is not resolved to the Client’s satisfaction, the Client may notify the Agency in writing within five [5] business days following the Client’s return from travel.

Any dispute, claim, or controversy arising out of or relating to this Agreement, any Booking, or the relationship between the parties shall first be addressed through good-faith negotiation. If the dispute is not resolved within thirty (30) days, the parties agree that the dispute may be resolved by one of the following methods: (a) mediation administered by a mutually agreed mediator or a reputable mediation service in Jefferson County, Alabama; or (b) binding arbitration administered by the American Arbitration Association (AAA) or another mutually agreed arbitration provider, conducted in Jefferson County, Alabama in accordance with the applicable AAA rules; or (c) litigation brought exclusively in the state or federal courts located in Jefferson County, Alabama.

The choice of method (mediation, arbitration, or litigation) shall be at the sole discretion of the Agency. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the other party. Both parties hereby waive any right to a jury trial to the fullest extent permitted by law. Any arbitration or litigation must be brought within one (1) year after the claim arises, or it is permanently barred.

XIII.   Assumption of Risk for High-Risk Travel

The Client acknowledges that certain travel activities and destinations may involve inherent risks, including but not limited to adventure sports, extreme outdoor activities, travel to regions with elevated security concerns, areas prone to natural disasters, and destinations with limited medical infrastructure. By booking travel services that include or facilitate participation in such high-risk activities or travel to such destinations, the Client voluntarily assumes all risks of personal injury, illness, death, property damage, or financial loss arising therefrom. The Agency shall have no liability for any loss, injury, or damage sustained by the Client in connection with high-risk travel activities, whether or not the Agency provided information or recommendations regarding such activities or destinations. The Client is strongly encouraged to obtain specialized travel insurance and to consult relevant governmental travel advisories before undertaking any high-risk travel.

XIV.    Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles.

XV.     Privacy and Data Protection

The Client acknowledges and agrees that the Agency may collect, use, store, and disclose the Client’s personal information as reasonably necessary to arrange and administer travel services, communicate with the Client, process payments, comply with applicable legal obligations, and provide information to Suppliers, insurance providers, payment processors, booking platforms, and other service providers involved in the Client’s travel arrangements.

XVI.    Severability

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

XVII.  Miscellaneous

This Agreement, together with any booking confirmation and Supplier terms and conditions, constitutes the entire agreement between the Agency and the Client with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral. The Agency reserves the right to amend these Terms and Conditions at any time. All amendments will be effective upon posting to the Agency’s website or upon written notice to the Client. Continued use of the Agency’s services following any amendment constitutes the Client’s acceptance of the revised Terms and Conditions.  There are no third-party beneficiaries to this Agreement and electronic signatures  shall be valid and binding.

Client grants the Agency a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, publish and distribute any photographs, videos, or other visual media featuring or provided by the Client in connection with the travel services arranged by the Agency. Client may revoke this license at any time by providing written notice to the Agency, provided that such revocation shall not apply to materials already published or distributed prior to the Agency’s receipt of the revocation notice.