Exemplary Travel Advisors Terms and Conditions

Updated on: Oct 25, 2024

Exemplary Travel Advisors Terms & Conditions

PLEASE REVIEW THESE TERMS & CONDITIONS CAREFULLY AS THEY ALSO

CONSTITUTE PART OF THE CONTRACT FOR YOUR TRAVEL PLANNING AND

ANY ASSOCIATED SERVICES.

Clients of Exemplary Travel Advisors, LLC and its Affiliated Associate Agents,

referred to herein, collectively, as “Agency,” “ETA,” or “ETA Travel,” are subject

to the following terms and conditions. The booking passenger(s) (“Client” or

“Clients”), by accepting a proposal and making payment to ETA via an

Advisor, agree to be bound by the terms and conditions contained in this

agreement for travel related services. Clients are any persons utilizing ETA’s

services to plan and/or book travel arrangements and/or those persons who

are traveling on the same itinerary as the person(s) booking with ETA. It is the

sole responsibility of Clients to inform all other parties traveling with Client of

the contents of these terms and conditions.

AGENCY/INTERMEDIARY

ETA is an intermediary between our Suppliers and the public. ETA does not

own or operate any hotels, shore excursions, tours, transportation providers,

cruise lines, vessels, airlines, travel protection companies, attractions, or other

travel-related Suppliers who provide goods or services for the Client’s trip.

Client acknowledges and agrees that ETA shall not be responsible for any

loss, damage, delay, inconvenience or injury to Client or group members as a

result of a breach of contract, act or omission whether willful or negligent,

criminal or otherwise of any person other than ETA or its direct employees,

including but not limited to these Suppliers, their employees, agents, servants,

or representatives.

Suppliers reserve the right to deviate from the direct, customary and/or

scheduled route or itinerary for any reason, without limitation and without

notice. Client acknowledges and agrees that ETA is not responsible for

Supplier deviations, delays, cancellations, mandated overnight stays, missed

connections or any other condition beyond its control. ETA is not liable for

any loss due to Client’s gambling and is not responsible for any purchases

made while on the trip.

CLIENT HEALTH & PHYSICAL ABILITY

ETA recommends that all Clients be in good physical and mental health and

have medical approval to travel. Any physical disabilities must be reported to

ETA at the time of reservation upon initial booking so ETA can contact the

Suppliers to investigate amenities and/or special accommodations offered.

Client is required to provide his or her own personal or individually prescribed

devices such as wheelchairs, walkers, or similar devices, though ETA may be

able to assist with the rental of such devices depending on the circumstance.

If more than minor assistance is needed, Suppliers may require that the Client

be accompanied by a companion who is capable of, and responsible for,

providing assistance during the trip. Suppliers often reserve the right to reject

Clients whose mental or physical condition may interfere with the itinerary.

Client acknowledges and agrees that ETA shall be held harmless for any and

all claims relating to Supplier rejection relating to mental or physical condition.

SUPPLIER QUALITY

While ETA prides itself on working with high-quality Suppliers, no undertaking,

guarantee or warranty is given or shall be implied as to the fitness or condition

of the Supplier’s accommodations, transportation, or any food, drink,

medicine, or provisions supplied. Client acknowledges and agrees that ETA

shall not be responsible for refunding, either fully or partially, any amounts

paid due to unsatisfactory services from any supplier. In no event shall ETA

be liable for any accident which occurs in hotels, in resorts, on airplanes/in

airports, on buses/in bus stations, on trains/in train stations, on board a cruise

ship, on tenders, on shore excursions, or during any mode of transportation

encountered during the trip, resulting from equipment or any other cause. The

Client admits a full understanding of the nature and character of the mode of

transport and assumes all risks of travel, transportation and handling of

passengers and baggage.

PLANNING FEES

Advance planning fees will be charged prior to services being performed if a

planning fee is required by the Affiliated Advisor. Planning fee amounts are

dependent on the type of trip being planned and will vary. Any fee amount

being charged will be discussed prior to planning commencement. Planning

fees remitted by Client to ETA are nonrefundable once paid to ETA. ETA or its

Affiliated Advisors may elect to offer a refund of planning fees to a client

based on that client’s individual circumstance but are not required to in any

event. In addition to planning fees, trips planned and deposited with ETA are

subject to modification and cancellation fees as described in “Cancellations,

Modifications, Refunds & Penalties by Suppliers & Agency.”

PAYMENTS

ETA will accept payments according to the restrictions of the travel suppliers

the Client has chosen to book with. Client is responsible for remitting all

payment authorizations to their Affiliated Advisor in a timely and appropriate

manner. If payments are not authorized or remitted to ETA by the date due

indicated on the associated invoice, travel arrangements may be cancelled by

our travel suppliers and Client will be responsible for any cancellation fees

and penalties.

PRICING

Prices and availability quoted by ETA are not guaranteed until deposit is fully

paid. In the case of airfare, pricing and availability may change prior to the full

fare being purchased. Pricing and availability may change without notice.

Client agrees that ETA is not responsible for any errors or omissions in any

quotes, advertisements, including on our website, resulting in inventory,

content, or pricing discrepancies nor is ETA responsible for any errors or

omissions that may occur as a result of incorrect information from third

parties. Suppliers reserve the right not to honor any published prices that it

determines were erroneous due to electronic, printing, or clerical error. Client

acknowledges this right and agrees to hold ETA harmless for any actions or

damages arising from Supplier pricing.

ETA reserves the right to charge Client for any increase in taxes, fees or

surcharges (i.e. fuel). Client acknowledges this right and agrees to pay any

such additional taxes, fees, and surcharges.

In the event of a discrepancy in pricing between an invoice created and sent

to a client by ETA and a quote generated by a travel supplier for space is

being temporarily held on a complimentary basis for Client, the quote

generated by the supplier will supersede the invoice created by ETA.

CLIENT INFORMATION

Clients are personally responsible for supplying correct and complete

personal information in order for ETA to make their travel arrangements.

Information may include, but is not limited to legal passenger names for all

travelers, mailing address, email address, telephone number, date of birth,

dates of travel, desired departure and arrival destinations. Clients/Passengers

are also required to immediately review all aspects of any booking made to

verify accuracy and notify ETA immediately if any corrections are needed.

Clients are solely responsible for any costs incurred to modify their travel

arrangements if incorrect information is given to ETA.

TRAVEL DOCUMENTATION REQUIREMENTS

Although the Agents/Advisors at ETA will give information regarding

appropriate travel documentation, Client(s) assumes sole responsibility to

independently confirm all documentation requirements for all passport, visa,

vaccination, or other entry and/or travel requirements of each destination.

Client(s) assumes sole responsibility for, and hereby releases Exemplary

Travel Advisors from any claims or responsibility for any and all damages

incurred as a result of Clients(s) failure to comply with applicable

documentation requirements, including but not limited the requirement that all

Clients procure, and have on their person the proper travel documents at all

times. Exemplary Travel Advisors recommends the Client(s) consult with the

appropriate domestic and foreign governmental agencies for the current

document requirements.

TRAVEL INSURANCE

We strongly recommend all Clients purchase a travel insurance plan in

order to protect their investment. As your travel advisors, we have a

professional responsibility to recommend the purchase of travel protection to

protect both you and your trip. We are happy to facilitate the purchase of a

travel insurance policy and will put you in touch with an insurance advisor

should you need assistance with choosing a plan or have questions regarding

coverage. ETA and its Affiliated Advisors are not licensed insurance agents

and are limited to advising Clients of the need for travel insurance coverage.

While we do offer coverage through a number of carriers, we cannot compare

all the policies or companies currently in the marketplace. This responsibility

rests solely with you the customer and we advise you to do your research and

find coverage that best fits your individual needs. ETA is limited to advising

you of the need for such coverage.

By declining travel protection, Client acknowledges and accepts liability for

any cancellation penalties, damages and/or out–of-pocket expenses incurred.

Client also acknowledges and accepts responsibility for arranging and paying

for any treatment in case of a medical emergency while traveling. Please note

that if this type of coverage is declined, Client has then waived the right to this

important coverage and ETA will note that coverage has been declined in the

Client’s trip profile.

All requests for service under any insurance policy must be filed directly with

the travel insurance provider, in accordance with the policy terms and

conditions, which Client is responsible for reviewing upon receipt of their travel

protection policy. ETA is not able to give advice with regard to possible

cancellations and any associated claims processing. All queries regarding

cancellation, penalties, coverage should be directed to your particular travel

insurance provider. Please note that the travel insurance provider may not be

allowed to discuss a Client’s claim with ETA due to privacy laws (e.g. HIPAA).

Accordingly, Client acknowledges that ETA cannot be involved in any aspect

of your claim/request for service. Client acknowledges and agrees that ETA

has no control over the travel insurance provider or its coverage decisions,

and as a result ETA is not responsible for and shall not be liable for policy

coverage, claims processing, or the denial of any claims.

Client’s trip profile

All requests for service under any insurance policy must be filed directly with

the travel insurance provider, in accordance with the policy terms and

conditions, which Client is responsible for reviewing upon receipt of their travel

protection policy. ETA is not able to give advice with regard to possible

cancellations and any associated claims processing. All queries regarding

cancellation, penalties, coverage should be directed to your particular travel

insurance provider. Please note that the travel insurance provider may not be

allowed to discuss a Client’s claim with ETA due to privacy laws (e.g. HIPAA).

Accordingly, Client acknowledges that ETA cannot be involved in any aspect

of your claim/request for service. Client acknowledges and agrees that ETA

has no control over the travel insurance provider or its coverage decisions,

and as a result ETA is not responsible for and shall not be liable for policy

coverage, claims processing, or the denial of any claims.

CANCELLATIONS, MODIFICATIONS, FEES & PENALTIES

MODIFICATIONS

A modification is any material change to an itinerary after the initial deposit

has been made. This includes but is not limited to a change of dates, changes

of accommodations (type of location), price modifications, and changes to the

destinations. ETA reserves the right to waive modification fees in the event the

change will result in an increase in total trip cost. Requests for modification

after a confirmation has been issued are subject to availability, increased

costs related to the modification, and subject to the payment of any required

fees according to the “Cancellation & Modification Fee Schedule.” Any

requests for modification of an itinerary must be made in writing via email and

signed by the Client.

If unforeseen circumstances amounting to ‘force majeure’ arise, ETA will

inform the Client as soon as possible, and, should the change be such that it

alters the nature of the trip, ETA will work to give Client the choice of an

alternative trip or facilitate a refund in accordance with the chosen travel

providers’ policies, if a refund is due.

CANCELLATIONS

All cancellations or no-shows are subject to penalties imposed by the supplier

and ETA. A copy of these terms will typically be given once Client accepts a

proposal and the initial invoice is sent to Client. Please contact your advisor

and/or ETA if you did not receive these terms and they will be furnished to

you. By agreeing to book a trip or any component of a trip with travel supplier,

Client agrees to be bound by the terms and condition of that supplier in

addition to the terms and conditions of ETA.

All booking cancellations, transfers to another Agency, or no-shows are

considered cancellations and are subject to the cancellation fees outlined

below in the “Cancellation and Modification Fee Schedule.” In the event of a

cancellation, any planning fees remitted to ETA will be retained.

Beginning June 24, 2020, a cancellation fee of $200 per household will apply

to any trip booked with Exemplary Travel Advisors where an advanced

planning fee has not been paid. Beginning April 26, 2022, cancellation fees

shall apply to any and all trips planned with ETA according to the

“Cancellation and Modification Fee Schedule” listed below. These fees are

due regardless of any planning fee paid to ETA. Fees must be paid before

cancellation or modification is made to Client’s trip plans. ETA and its Affiliated

Agents retain the right to waive any of the fees listed below but are not

obligated to waive said fees for any reason.

CANCELLATION AND MODIFICATION FEE SCHEDULE

Modifications made more than 24 hours after initial deposit - $50

Cruise cancellation - $50 per person

Custom itinerary - $150 per person

Contracted groups - $200 per person

Theme park vacations (non contracted groups) - $50 per person

All cancellations must be received in writing via email and signed by the Client

to ETA and/or the Affiliated Advisor handling your trip.

Where a refund or future travel credit is an option, ETA and its Affiliated

Agents will do their best to explain the options and advise Client on which

choice would work best for their individual situation. Client acknowledges

and agrees that ETA and its Affiliated Agents agency have no special

knowledge of any supplier's financial condition and no liability for

recommending either a credit or a refund. Furthermore, Client agrees that

ETA and its Affiliated Agents have no liability for a supplier's failure to honor

future trip credits.

CREDIT CARD “CHARGEBACKS”

Client agrees that by authorizing ETA to act as Client’s agent, Client will not,

except in the event of actual fraud, initiate a “chargeback” for travel services

purchased on his/her behalf by ETA and/or its Affiliated Advisors in lieu of

receiving a refund from the travel supplier. For purposes of these Terms &

Conditions, a “chargeback” is a request to reverse payments made through a

Client’s credit card provider. Should Client initiate and receive a refund by

initiating a chargeback, and said chargeback results in a loss of funds for ETA

or its Affiliated Agents, ETA will take action to collect any lost funds and any

associated costs related to the chargeback directly from the Client.

LIMITATION OF LIABILITY

Without limitation, Client assumes the risk of, and agrees that ETA is not liable

for any damages arising from or related to any act of God or public enemies,

arrest, restraints of any government or rulers of people, piracy, war, revolution,

extortion, terrorist activity, threatened or actual rebellion, political upheaval,

civil unrest, riots, fire, lockouts, explosion, collision, epidemics and pandemics,

weather conditions, dangers incident to the sea, mechanical or construction

failures or difficulties, diseases, local laws, abnormal conditions or

developments, closure of airports/seaports/hotels/train stations, carrier or

supplier logistical problems, computer problems stranding, food or water

poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other

waters, perils of navigation of any kind, theft, accident to or from machinery,

boilers, or latent defects even though existing at commencement of the trip,

desertion or revolt of crew, or lost/damaged/delayed luggage.

MODIFICATION OF TERMS AND CONDITIONS

These Terms and Conditions may be amended or modified by ETA at any time

without notice. It is essential that Clients consult the Terms and Conditions

prior to making each booking to ensure what provisions are in operation in

case they have changed since the last time a trip was planned and booked by

ETA.

The failure of ETA to act with respect to a breach of these Terms and

Conditions by Client, or others, does not waive its right to act with respect to

subsequent or similar breaches. ETA does not guarantee it will take action

against all breaches of this these Terms and Conditions.

SEVERABILITY

If any provision of this agreement shall be unlawful, void, or for any reason

unenforceable, then that provision shall be deemed severable from this

agreement and shall not affect the validity and enforceability of any remaining

provisions.

HEADINGS

Headings are for reference purposes only and do not limit the scope or extent

of such section.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the

laws of the State of Texas.

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Your Advisor

Carolyn Hudson

Exemplary Travel Advisors

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carolyn@e-t-a-travel.com

8598027541