Dogwood Travel Designs LLC Terms and Conditions
Updated on: Aug 3, 2024
Dogwood Travel Designs is an independent affiliate of Gifted Travel Network, a Virtuoso member agency. By advising, booking, and managing travel arrangements for individuals and groups on premium and luxury trips, Dogwood Travel Designs partners with lead guests and group leaders to ease the stress that is typical with travel planning.
The terms “we,” “us,” “our,” and “Dogwood Travel” refer to Dogwood Travel Designs, LLC, a North Carolina limited liability company. The terms “you,” “your,” and “client” refers to the individual traveler or in the case of a group, the group leader and all guests that are involved on the trip.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
By booking your travel arrangements with us, you are agreeing to be bound by the following Terms and Conditions together with any additional documentation we give you, and the Terms and Conditions of any Travel Partner that are applicable to your travel arrangements (“Booking Agreement”). The Booking Agreement describes the specifics of your travel arrangements including but not limited to travelers, travel dates, accommodation category(ies), flight arrangements, transfers, tours, rentals, deposit amount, payment deadlines and amounts, and specific cancellation policies. It is of vital importance that you read EVERYTHING we provide to you in its entirety. The group leader assumes the responsibility of sharing these Terms and Conditions with each client in their group. Dogwood Travel is not responsible for any client’s unawareness of the Terms and Conditions due to the failure of the group leader to share this information with all clients in their group. If you do not agree with our Terms and Conditions you must speak with us before making any booking.
You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.
AGENCY VS. TRAVEL PARTNERS RESPONSIBILITY
Dogwood Travel is a travel agency. We sell travel related products such as flights, accommodations, transportation vehicles, tours, travel insurance and many other components of a vacation package (the “Travel Products”) on behalf of a variety of third parties (the “Travel Partners”). We service our clients by offering recommendations, booking reservations, reminding of deadlines, providing helpful links, designing itineraries and providing a Travel Packet with all reservation confirmations.
Travel Partners include but are not limited to airlines, resorts, hotels, transportation companies, rental companies, tour operators, and insurance companies.
Travel Partners, not Dogwood Travel, provide, own, or control the travel services and products that are provided as part of your trip. The Travel Partners are responsible for the Travel Products. The Travel Partner’s terms and privacy policies apply to your booking, so you must agree to and understand those terms. Your interaction with any Travel Partner is at your own risk.
Client hereby understands, acknowledges, and agrees that Dogwood Travel Designs, LLC, its owners, officers, members, employees, agents, representatives, affiliates, vendors, and independent contractors (collectively “Dogwood Travel”) does not own or operate any entity which is to or does provide goods or services for the Trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors that Dogwood Travel works with as such.
Dogwood Travel does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the client, you agree that Dogwood Travel acts only as an agent for the client in acquiring transportation, accommodations, tours, rentals and other privileges, or services for the clients’ benefit, and on the express condition that Dogwood Travel shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith. Dogwood Travel is not responsible for any injury, loss, or damage to client’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, epidemics or the threat thereof or for any other cause beyond the reasonable control of Dogwood Travel.
CONSULT & QUOTING
To begin the travel planning process, you will submit the “Let’s Begin” form found on the Dogwood Travel website. Dogwood Travel will then schedule a complimentary consultation to gather information about your desired trip. Planning any travel takes extensive time and research. Because of this, we charge a NON-REFUNDABLE Trip Design Fee after the consultation and before we begin any advising or quoting. The amount of the fee varies depending on group size, itinerary and trip complexity. We will discuss the Trip Design Fee at the end of the consultation when we have a better understanding of the nature of the trip.
When you are ready to move forward, we will email you the Trip Design Fee invoice which is due upon receipt. After we receive your payment through our PCI compliant invoicing system, we will begin designing your Initial Proposal.
In tandem, you and all other travelers will be required to complete a Traveler Profile Form. It is imperative that all information is completed and accurate (i.e. legal names, dates of birth, passport image, special needs, etc.) LEGAL first, middle, and last names must match travel identification such as passports, military IDs or other forms of government issued identification THAT WILL BE USED WHILE TRAVELING.
Dogwood Travel uses the information in the Traveler Profile form to place a hold on a reservation if available and to eventually complete the booking. You will have the opportunity to make up to 3 complimentary edits to the itinerary (depending on the Trip Design selected) before requiring the trip deposit. If you require further edits, beyond this limit, an additional planning fee will be required. After any changes are made, you will receive your Final Proposal for approval.
Group quotation prices are predicated on a minimum number of participants. Should the number of participants fall below the minimum number specified in the quotation, the group leader is responsible to fill the minimum participant requirement or payment of any such cost increase.
BOOKING & PAYMENT
Following your approval of the Final Proposal, you will receive an invoice for the approved trip components via email. This invoice is subject to change. (See Changes to Rates section.) Travel Partners (i.e. airlines, tours, hotels, transfers, etc.) will require a deposit or full payment to book the reservation. Deposits are often NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Travel Partner(s). The client will be notified of any further payment deadlines a minimum of 7 days prior to the due date.
Once deposit/payment for your trip is processed, you will receive a receipt and/or confirmation within 24 hours.
BOOKING ACCURACY AND LEGAL NAMES
Each client is required to immediately review all aspects of their booking to verify (but not limited to): all travelers’ 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 us immediately if any omissions and/or corrections are needed regarding the booking details. Client(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Client is required to verify the accuracy of every LEGAL first, middle, and last names of travelers that are detailed on the confirmation. LEGAL first, middle, and last names must match travel identification such as passports, military IDs or other forms of government issued identification THAT WILL BE USED WHILE TRAVELING.
CREDIT CARD AUTHORIZATION
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, clients must provide to us a signed charge authorization agreement or click authorization for every transaction for your trip. Dogwood Travel will not charge your card without prior notification of the amount and your authorization.
Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. In the event a client attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of Dogwood Travel, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees.
EXCHANGE RATES
Dogwood Travel quotes prices in US currency, based on the exchange rates for the respective foreign currency for US Service Providers, as well as Euros or other country's currencies from Inbound Tour Operators (Those Service Providers in foreign countries) which Dogwood Travel uses to arrange your Travel Related Services. Exchange rates are subject to fluctuation. The exchange rate is only fixed when full payment is made. Any price that Dogwood Travel quotes is subject to change without notice until full payment is made.
CHANGES TO RATES
Travel arrangements such as airline tickets, hotel accommodations, and cruises are subject to Travel Partners’ supplemental price increases that may be imposed by the Travel Partner and/or government (taxes), even after you have completed your purchase. All rates quoted in the description(s) / itinerary(ies) / brochure(s) are based on the current carrier tariffs and current international exchange rates and are subject to adjustment. Prices are subject to change without notice, but we will notify you in writing as soon as we are made aware of any rate changes. Your credit card will never be charged without your authorization. Any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description / itinerary / brochure and shall be the client’s responsibility.
LATE FEES
Dogwood Travel is required to pay all Travel Partners well in advance of your vacation date. Hence it is important to authorize us to process your payment prior to the due date listed. If any payment is not authorized by the stipulated date, Dogwood Travel reserves the right to charge a $50 per person late fee up to 24 hours after the stipulated date. If payment is still not authorized, the booking will be canceled in which case the Terms and Conditions of cancellation for Dogwood Travel and Travel Partner(s) become applicable. Late fees are not covered by the travel insurance and are always non-refundable.
CANCELLATION
Planning travel takes an extensive amount of time working with various Travel Partners, email correspondence, monitoring of reservations, designing itineraries and research. Should you choose to cancel your reservation, you will be held to the cancellation policies of Dogwood Travel as well as those of the Travel Partners that are detailed in your proposal and invoice(s).
All cancellations must be received by Dogwood Travel in writing.
Upon receipt of your cancellation request, Dogwood Travel will contact all Travel Partners to attempt to secure refunds subject to the Travel Partner’s Terms and Conditions. If you are entitled to a refund, please note that the Travel Partner is responsible for this refund, not Dogwood Travel. Generally, flight tickets, hotel reservations, and other items provided for the travel cannot be refunded if they are partially used. We are not responsible for a Travel Partner’s failure to pay a refund. Money will be refunded to the original payor.
In addition to the Terms and Conditions of our Travel Partners, any refund will be less our non-refundable planning fee and any non-refundable deposits.
Regarding Airline tickets: If Dogwood Travel booked your tickets, they are typically 100% non-refundable and subject to individual airline penalties/fees.
Because we and our Travel Partners strictly adhere to our cancellation terms, we strongly recommend the purchase of a travel protection plan.
CHANGES AND CANCELLATIONS BY TRAVEL PARTNERS
We will inform you as soon as reasonably possible if a Travel Partner needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Travel Partner in relation to any alternative arrangements offered by the Travel Partner, but we will have no further liability to you.
During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Travel Partners seeking to reduce inconvenience to customers. Such changes are deemed not to be a major change, and no compensation will be payable to customers. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
TRAVEL PROTECTION
It is the client’s responsibility to protect their purchases. For this reason, travel protection coverage is strongly recommended. Such a plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. We also recommend an additional Cancel for Any Reason Coverage (CFAR). Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
Dogwood Travel will provide information and the opportunity to purchase travel protection through one of our trusted vendors. Since we are not licensed insurance agents, we are not qualified to answer questions about the benefits, exclusions, and conditions of travel insurance plans. We will provide you with contact information so you can speak to a knowledgeable representative.
Time limits for obtaining coverage are based on your deposit date. It is best not to wait to purchase travel protection. Even if you do not purchase through one of our recommendations, please get coverage from somewhere to protect yourself, those traveling with you and your investment.
Dogwood Travel cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call the number provided on your insurance policy.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Dogwood Travel cannot be held responsible for denied entry if a client is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also 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, we will not be liable for any of your losses however arising, for which trip protection plan coverage would otherwise have been available.
TRAVEL DOCUMENTS
It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport.
The name, date of birth and gender that appears on the identification card MUST EXACTLY MATCH the same such data that is listed on airline ticket(s) and booking records. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. Dogwood Travel bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Passports: You and any minors traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html.
Visas: Some countries require visas to enter. Without a valid visa, you may be denied entry into the country. You can find out if you need a visa by visiting the embassy website of the country you'll be traveling to. Although you can always contact us with questions it is your responsibility to ensure you have all the proper travel documents. For more information about visa requirements you can visit Visa Central’s website at
https://cibtvisas.com/?login=dogwoodtravel.
Children: Children traveling with one parent, or someone who is not a parent/legal guardian, or children traveling in a group: Foreign border officials may require custody documents or written consent from the other parent/both parents. Requirements vary by country. If this applies to anyone in your traveling party, please research the requirements and leave prepared. For more information about traveling with children, visit the State Department’s website at https://travel.state.gov/content/travel.html.
Health: Recommended inoculations for travel may change and you should consult your provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements,
obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
COVID-19 RELEASE OF LIABILITY
By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Dogwood Travel.
You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or canceled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. You understand that you may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Dogwood Travel has strongly encouraged the purchase of travel protection coverage including Cancel For Any Reason (CFAR) coverage if and when available, and that should you fail to purchase travel protection coverage, Dogwood Travel shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin, hereby release, and hold harmless Dogwood Travel from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
FORCE MAJEURE
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”.
“Force majeure” means any event or circumstances which we or the Travel Partner of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, 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 and all similar events outside our control. Furthermore, there will be no refunds due to FEAR of travel from actual or threatened terrorists, health, political, pandemic, or other similar events.
ASSUMPTION OF RISKS
Travel to certain destinations may involve greater risk than others. Dogwood Travel urges clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking.
By offering to sell travel to particular destinations, Dogwood Travel does not represent or warrant that travel to such points is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations.
The client is aware that travel such as the client is undertaking may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other guests; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
You understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, the client is willing to accept the risks and uncertainty involved as being an integral part of travel. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Dogwood Travel and agrees to and shall hold harmless and fully release Dogwood Travel from any and all claims associated with the trip, including any claims of third party negligence and you hereby covenant not to sue Dogwood Travel for any such claims or join any lawsuit or action that is suing Dogwood Travel. This agreement also binds your heirs, legal representatives, and assigns.
Client’s participation in this trip constitutes acceptance and understanding that the client travels at their own risk.
INDEMNIFICATION
Client agrees to and shall indemnify and hold harmless Dogwood Travel, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Dogwood Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by client while participating in the trip.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES/HEALTH
It is essential that you advise us before booking if you have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Dogwood Travel will make reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
DIETARY RESTRICTIONS
For safety and liability reasons, Dogwood Travel and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the client. While most Travel Partners can offer generous options, Dogwood Travel cannot guarantee that options will be available. Should a client have special dietary requirements, that client shall be solely responsible for any additional expenses relating to such requirements.
RECONFIRM YOUR FLIGHT
Dogwood Travel recommends each client to reconfirm their flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. It is also recommended to download the airline app for notification alerts.
BAGGAGE FEES
Due to continual changes in airline baggage policies, it is recommended that you inquire with your airline’s website for up-to-date fees and information. Dogwood Travel is NOT responsible for additional fees incurred from baggage.
DISINSECTION
Most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture, or environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information you can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.
GOVERNING LAW / SUBMISSION TO JURISDICTION
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in North Carolina. You agree that you will only bring claims against Dogwood Travel in your individual capacity and not as a plaintiff or class member in any purported class action or
representative proceeding. Dogwood Travel shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Dogwood Travel unless you have first provided a typewritten notice of claim to Dogwood Travel within 30 days after the trip or cancellation of the trip.
ENTIRE AGREEMENT & SEVERABILITY
This agreement, including any other documents, including invoices we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Dogwood Travel. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Your Advisor
Stacey Baker
Dogwood Travel Designs LLC
stacey@dogwoodtravel.com
8289891171