The Vacation Stitcher Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. Names of Parties to the Agreement:

This Agreement is made between The Vacation Stitcher, an independent contractor under Fora Travel (hereinafter referred to as "The Vacation Stitcher" or "we" or "us"), and the client (hereinafter referred to as "you" or "Client").

2. Scope of Services Clause:

The Vacation Stitcher offers travel planning and booking services, which may include but are not limited to: researching travel destinations, customizing travel itineraries, booking accommodations (e.g., hotels, villas), arranging transportation (e.g., flights, trains, car rentals), organizing activities and excursions, and providing pre-trip information and support. The specific services included in your travel package will be outlined in your individual itinerary and booking confirmation.

3. Fee Clause:

You agree to pay The Vacation Stitcher the following fees:

• Travel Planning Fees: A non-refundable planning fee will be assessed based on the level of effort and time required to create your customized itinerary. The specific planning fee will be communicated to you and agreed upon prior to the commencement of any significant planning work.
• Booking Costs and Commissions: The total price of your travel itinerary will include the costs of accommodations, transportation, activities, and other services as quoted by third-party suppliers. The Vacation Stitcher may receive commissions directly from certain suppliers. These commissions are not marked up and are separate from any planning fees charged. The final price presented to you will clearly outline the costs of the various components of your trip.

4. Credit Card Authorization and Chargebacks Clause:

By providing your credit card information, you authorize The Vacation Stitcher to charge the agreed-upon amounts for travel planning fees and the cost of your travel bookings, including accommodations, transportation, activities, and any other agreed-upon services. You agree that you will not initiate any chargebacks with your credit card company except in the case of actual fraudulent charges. In the event of an unjustified chargeback, you agree to pay The Vacation Stitcher an administrative fee to cover the costs associated with disputing the chargeback, in addition to the original charges.

5. Cancellation & Rescheduling Clause:

You may cancel your travel arrangements at any time. However, please note the following:

• The Vacation Stitcher's Planning Fees: The travel planning fees paid to The Vacation Stitcher are non-refundable, regardless of when the cancellation occurs.
• Supplier Cancellation and Rescheduling Policies: Cancellations and rescheduling of bookings with third-party suppliers (e.g., airlines, hotels, tour operators) are subject to the individual terms and conditions of those suppliers. These terms may include significant cancellation or change fees, which will be your responsibility. The Vacation Stitcher will inform you of the relevant supplier policies at the time of booking. We will use commercially reasonable efforts to assist you with cancellations and rescheduling, but we cannot guarantee refunds or changes.

6. Products & Suppliers Clause:

The Vacation Stitcher acts as a booking agent for third-party suppliers providing transportation, accommodation, activities, and other travel-related services. We strive to select reputable suppliers, but we do not own, operate, manage, or control these independent entities. Therefore, The Vacation Stitcher is not responsible for any negligent or willful acts or omissions of such suppliers, or for any loss, injury, damage, delay, or inconvenience you may experience as a result of their services. Your contractual relationship is with the individual supplier, and their terms and conditions will apply to your booking.

7. Booking & Reservations Vouchers Clause:

Upon confirmation of your booking and receipt of full payment, The Vacation Stitcher will provide you with relevant booking confirmations and vouchers, if applicable. It is your responsibility to carefully review all booking details and ensure their accuracy. Please present all necessary vouchers and identification to the respective suppliers as required. The Vacation Stitcher is not responsible for any issues arising from your failure to present the required documentation.

8. Itinerary Prices and Fees Clause:

The price of your travel itinerary is quoted in the currency specified at the time of booking. This price may include, but is not limited to, the base fare or rate, taxes, service charges, and supplier fees. Specific details of what is included in the quoted price will be outlined in your itinerary. Please note that airline fees (e.g., baggage fees, seat selection fees), hotel fees (e.g., resort fees, city taxes), and other miscellaneous charges may apply and are often payable directly to the supplier. These fees are subject to change without notice by the supplier.

9. Client Credit Card on File Clause:

You authorize The Vacation Stitcher to keep your credit card on file for the purpose of charging for any additional fees, taxes, surcharges, or other legitimate charges related to your travel booking that may arise before, during, or after your trip, in accordance with supplier policies and these terms and conditions. This includes, but is not limited to, charges for incidentals that you have authorized with a hotel or other supplier.

10. Authorization to Use, and Warranty of, Personal Information Clause:

You authorize The Vacation Stitcher to collect, use, and disclose your personal information (including but not limited to your name, address, email address, phone number, passport details, and payment information) as necessary to plan and book your travel arrangements with third-party suppliers. You warrant that all personal information you provide to The Vacation Stitcher is accurate and up-to-date.

11. Booking Accuracy & Legal Names Clause:

It is your sole responsibility to provide accurate and complete information for your booking, including the full legal names of all travelers as they appear on their government-issued identification (e.g., passports, driver's licenses). You are responsible for any fees or penalties incurred due to incorrect or incomplete information provided by you.

12. Airfare Clause:

All air travel is subject to the terms and conditions of the applicable airlines, which may include limitations of liability, restrictions on baggage, and rules regarding check-in times. Prohibited practices such as the use of "hidden city" ticketing or "throwaway" tickets are strictly forbidden and may result in the airline invalidating your ticket and/or charging additional fees. The Vacation Stitcher is not responsible for any loss of tickets or delays caused by the airline. The transportation of hazardous materials is strictly prohibited. Some countries may require insecticide spraying of aircraft for disinsection purposes, and you acknowledge that you have been made aware of this possibility.

13. Unused Arrangements, Minimum Passenger Requirements & Alterations to Bookings During Trip Clause:

No refunds will be provided for any unused portions of your travel arrangements (e.g., missed flights, unused hotel nights, or excursions). Some group tours or packages may have minimum passenger requirements. If these requirements are not met, the supplier may cancel the booking, and you may be offered an alternative or a refund subject to the supplier's terms. Any alterations to your booking during your trip are subject to availability and may incur additional charges imposed by the suppliers, which will be your responsibility. The Vacation Stitcher will assist you with such alterations where reasonably possible.

14. Third-Party Vendor Liability Clause:

To the fullest extent permitted by law, The Vacation Stitcher shall not be liable for any loss, damage, injury, accident, delay, or irregularity that may be caused by the act, default, or negligence of any third-party vendor or supplier providing services as part of your travel arrangements. You agree to seek any remedies directly from the responsible supplier.

15. International Travel Responsibility & Warranty Clause:

For international travel, it is your sole responsibility to ensure that you possess all necessary travel documents, including valid passports, visas, entry/exit permits, and any required health certificates or vaccinations. You warrant that your passport is valid for at least six (6) months beyond your intended return date. The Vacation Stitcher can provide general information regarding travel documentation, but it is your responsibility to verify the specific requirements for your destination(s) with the relevant embassies or consulates. You are solely responsible for any consequences arising from your failure to obtain or possess the necessary travel documents.

16. Travel with Minors Clause:

If you are traveling with a minor, you are solely responsible for ensuring that you have all necessary permissions and documentation required by the relevant authorities and suppliers, including but not limited to consent letters or notarized affidavits if one or both parents/legal guardians are not traveling. The Vacation Stitcher assumes no responsibility for verifying these requirements.

17. Assumption of Risk & Release of Liability Clause:

You acknowledge that participation in certain travel activities may involve inherent risks, including but not limited to physical exertion, accidents, illness, injury, or even death. By booking travel arrangements through The Vacation Stitcher, you voluntarily assume all such risks. To the fullest extent permitted by law, you hereby release and discharge The Vacation Stitcher, its agents, and employees from any and all claims, actions, demands, losses, damages, costs, or expenses of any kind whatsoever, arising out of or in any way connected with your participation in such activities, whether or not caused by the negligence of The Vacation Stitcher.

18. Travel Insurance Clause:

The Vacation Stitcher strongly recommends that you purchase comprehensive travel insurance to protect yourself against unforeseen circumstances such as trip cancellation, interruption, medical emergencies, baggage loss, and other potential risks. The decision to purchase travel insurance and the level of coverage is solely your responsibility. The Vacation Stitcher can provide general information about travel insurance but does not endorse any specific provider or policy and is not responsible for any losses you may incur that could have been covered by travel insurance.  

19. Communication Clause:

You agree to maintain clear and ongoing communication with The Vacation Stitcher regarding your travel plans and any potential issues that may arise. We will primarily communicate with you via email, phone, or the Tern portal, as deemed appropriate. It is your responsibility to ensure that you provide us with accurate and up-to-date contact information and to check your communications regularly.

20. Non-Disclosure & Confidentiality Clause:

You acknowledge that The Vacation Stitcher utilizes proprietary business practices and information. You agree not to disclose any confidential information regarding The Vacation Stitcher's business operations, pricing structures, or client interactions to any third party without the express written consent of The Vacation Stitcher.

21. Currency Fluctuations Clause:

You acknowledge that currency exchange rates can fluctuate, and the final cost of your travel arrangements may be subject to changes due to these fluctuations, particularly for bookings made in a currency other than your local currency. The Vacation Stitcher is not responsible for any price increases resulting from currency fluctuations after the initial booking.

22. Right of California Customer to Make a Claim Under the California Travel Consumer Restitution Fund Clause:

As a registered Seller of Travel in California through Fora Travel, you, the California resident, have a right to make a claim against the California Travel Consumer Restitution Fund (TCRF) if you are deprived of money or property as a result of the bankruptcy, insolvency, or material failure of a Seller of Travel. Claimants must substantiate their claim with documentary proof. Claim forms are available by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001.

23. Maximum Damages Clause:

To the maximum extent permitted by law, the total liability of The Vacation Stitcher to you for any and all claims, damages, losses, or expenses arising out of or in any way connected with this Agreement or your travel arrangements shall not exceed the total amount of the planning fees paid by you to The Vacation Stitcher.

24. Limitation of Liability Clause:

To the maximum extent permitted by law, in no event shall The Vacation Stitcher be liable for any indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to loss of enjoyment, emotional distress, or loss of profits, arising out of or in any way connected with this Agreement or your travel arrangements, regardless of the cause of action.

25. Indemnification Clause:

You agree to indemnify and hold harmless The Vacation Stitcher, its affiliates, agents, and employees from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your breach of this Agreement, your negligent acts or omissions, or any claims made by third parties as a result of your actions or inactions related to your travel arrangements.  

26. Force Majeure Clause:

The Vacation Stitcher shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, epidemics, pandemics, government regulations, or disruptions in transportation or communication systems (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, The Vacation Stitcher will use commercially reasonable efforts to assist you with alternative arrangements or refunds where possible, subject to the policies of the third-party suppliers.  

27. Reservation of Rights: Company’s Changes to These Terms Clause:

The Vacation Stitcher reserves the right to update, modify, or amend these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website or otherwise communicating them to you. Your continued engagement of our services after such changes have been communicated constitutes your acceptance of the revised Terms and Conditions.  

28. Entire Agreement Clause:

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter herein.  

29. Venue & Jurisdiction Clause:

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York, New York, and you hereby consent to the personal jurisdiction of such courts.  

30. Arbitration Clause:

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof, which cannot be settled amicably between the parties, shall be submitted to and finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association (or another mutually agreed-upon arbitration organization) in New York, New York. The decision of the arbitrator shall be final and binding on both parties.  

31. Severability and No Waiver Clause:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The failure of The Vacation Stitcher to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Vacation Stitcher in writing.  

32. Transfer Clause:

You may not assign or transfer your rights or obligations under this Agreement to any third party without the prior written consent of The Vacation Stitcher. The Vacation Stitcher may assign or transfer its rights and obligations under this Agreement without your consent.

33. Headings Clause:

The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of any provision.  

34. Notice Clause:

Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier to the address provided by each party. For The Vacation Stitcher, the address is 228 Park Ave South #53272, New York, NY 10003-1502 or Darlene.Cuozzi@Fora.Travel. For you, the address and email address are those provided during the booking process.