Escapes by Escala Terms and Conditions

TRAVEL ADVISOR AGREEMENT

Agreement Highlights:

Escapes by Escala acts as your travel advisor and booking agent; all travel services are provided by third-party suppliers.
• Escapes by Escala acts as your travel advisor and booking agent; all travel services are provided by third-party suppliers.
• A non-refundable planning fee is required to begin work and includes consultation, itinerary design, and up to two revisions.
• Travel pricing and availability are not guaranteed until booked and confirmed; delays may result in higher costs or lost availability.
• You authorize us to process payments on your behalf and are responsible for all supplier charges, taxes, and fees.
• Cancellations and changes are subject to supplier penalties plus a $500 service fee for cancellations or reschedules requiring rebooking.
• Airline tickets and supplier bookings are often restrictive and non-refundable; additional fees (baggage, seat selection, changes) may apply.
• You are responsible for accurate legal names, travel documents, visas, and entry requirements.
• Travel insurance is strongly recommended; if declined, you assume financial responsibility for disruptions.
• Business hours are 9:00 AM–5:00 PM (local time); timely responses are essential due to time-sensitive pricing.
• Unless you opt out in writing, you allow use of non-sensitive travel photos or testimonials for marketing.

ESCAPES BY ESCALA LLC

This Travel Advisor Agreement (“Agreement”) is entered into between Escapes by Escala LLC (“Company”) and you (“Client”) (collectively, the “Parties,” or individually, a “Party”), for the purpose of Client retaining Company to provide travel advisory and booking services as outlined below. This Agreement becomes effective on the date it is executed by both Parties.

1. Definitions

For purposes of this Agreement, the following terms have the meanings set forth below:

1.1 “Company” means Escapes by Escala LLC, including its owners, employees, independent contractors, and agents.
1.2 “Client” means the individual signing this Agreement and, where applicable, each traveler for whom Client is authorized to act, including members of Client’s traveling party.
1.3 “Suppliers” means third-party providers of travel-related goods or services, including but not limited to tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation providers, activity operators, and other independent contractors.
1.4 “Services” means Company’s travel advisory and booking coordination services described in this Agreement.
1.5 “Package” means the bundle of Services Company may provide, as described in Section 2 (Scope of Services), which may include itinerary design, research, booking coordination, and related advisory services.
1.6 “Itinerary” means the electronic and/or PDF itinerary prepared by Company, which may include confirmations, suggested or booked components, and travel information.
1.7 “Planning Fee” means the non-refundable fee Client pays to reserve Company’s Services, as described in Section 3 (Travel Advisor Fees).
1.8 “Trip” means the travel plans, bookings, and arrangements covered by the Services and/or Itinerary, whether domestic or international.
1.9 “Force Majeure Event(s)” means events beyond Company’s reasonable control as described in Section 26 (Force Majeure).
1.10 “Written” or “in writing” means communication sent by email in accordance with Section 34 (Notice), unless this Agreement specifically states otherwise.

2. Scope of Services

Client understands and agrees that Company acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation providers, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and related services (collectively, “Suppliers”). Company is not the source or provider of the travel services.

Client represents and warrants that Client is at least eighteen (18) years of age, has the legal authority to enter into this Agreement, and is financially responsible for all bookings made on behalf of Client and any member of Client’s traveling party. Client further warrants that all information provided to Company—whether for Client, members of Client’s household, or others Client is authorized to represent—is true, accurate, complete, and current.

Company may provide the following travel advisory services (the “Package”):

• Accommodation bookings
• Transportation arrangements (including flights, car rentals, transfers, tours, and activities)
• Travel insurance recommendation
• Electronic and PDF itinerary creation (the “Itinerary”), which may include:

  • Restaurant suggestions (reservation booking available upon request)
  • Mobile application access (if available)
  • Booking confirmation uploads
  • Tour and activity bookings
  • Receipts for travel-related costs

Company will use commercially reasonable efforts to perform the Package services described above; however, specific outcomes are not guaranteed, including but not limited to restaurant reservations, room upgrades, special requests, early check-in, late check-out, airline seating, or Supplier-provided amenities, all of which remain subject to Supplier availability and discretion. Services do not include ongoing concierge services during travel (including after-hours or real-time trip monitoring) unless expressly agreed to in writing.

3. Travel Advisor Fees

Client shall reserve Company’s services by signing and returning this Agreement together with payment of a non-refundable planning fee in full, prior to receiving any travel proposal. The planning fee does not include accommodations, airfare, or other Supplier costs, which are determined by Supplier requirements and communicated separately.

Client authorizes Company to collect payments on Client’s behalf for Suppliers. Company does not require any additional compensation from Client beyond the planning fee; however, Client understands and agrees that Company may receive commissions from Suppliers.

Planning fees are based on Company’s pricing at the time of booking and are subject to change for future bookings. The planning fee is earned upon receipt and is non-refundable regardless of whether Client proceeds with booking.

Planning Fee Scope; Revisions

The planning fee includes: (i) consultation; (ii) research and itinerary design; and (iii) up to two (2) itinerary revisions following the initial proposal. Additional revisions, redesigns, or material changes beyond two revisions may be billed at $75 per hour, billed in advance.

Quote Validity

Pricing and availability are not guaranteed until confirmed by the applicable Supplier. If Client does not authorize booking within fourteen (14) days of a proposal, Company may require an updated planning fee to re-quote or re-shop, in Company’s sole discretion.

4. Credit Card Authorization & Chargebacks

Client is fully responsible for all charges, taxes, fees, duties, and assessments arising from travel booked through Company. By submitting payment authorization, Client authorizes Company to use Client’s payment method to purchase travel services from Suppliers.

Except in cases of verifiable fraud, Client agrees not to dispute, charge back, reverse, or recollect any authorized payment to avoid or violate Company or Supplier terms. If Client initiates an improper chargeback, Company reserves the right to recover all associated costs, including attorneys’ fees.

Before initiating any chargeback, Client agrees to email Company at michelle@escapesbyescala.com and allow ten (10) business days for investigation and response. Client agrees to cooperate in good faith by providing documentation reasonably requested by Company or the issuing bank.

Failure to make timely payment or comply with Supplier terms may result in cancellation, denied access to services, or forfeiture of amounts paid.

5. Cancellations & Rescheduling

Client understands that many Supplier bookings are non-refundable once deposited or confirmed. Company work is deemed to have begun once consultation, research, or itinerary preparation has commenced.

All cancellation or change requests must be submitted in writing pursuant to Section 34 (Notice).

• Cancellation Fee: If Client cancels after Company has begun work or after any Supplier booking is made, Client agrees to pay a $500 Company cancellation service fee, in addition to any Supplier penalties.
• Rescheduling Fee: If Client requests a date change requiring re-quoting and rebooking (“Reschedule”), Client agrees to pay a $500 Company rescheduling service fee, plus any Supplier change fees or fare differences.

The cancellation fee and rescheduling fee will not both apply to the same request.

6. Products & Suppliers

Company sells travel products from various Suppliers, each with its own terms and conditions. Client agrees to review and comply with all Supplier terms. Company acts solely as an agent and does not own, operate, or control any Supplier services.

Suppliers reserve the right to modify itineraries, substitute accommodations, or make necessary adjustments due to unforeseen circumstances.

7. Booking Confirmations & Reservation Vouchers

Company’s email acknowledgment does not constitute contractual acceptance. A booking is confirmed only once issued by the Supplier with a ticket or reservation number.

Company is not required to provide itemized pricing breakdowns but will retain receipts for Client’s records. Company is not responsible for arrangements booked independently by Client.

8. Itinerary Pricing & Fees

All prices are subject to Supplier terms and may change until paid in full. Prices generally include taxes and fees unless stated otherwise. Additional charges may apply for seat assignments, baggage, currency conversion, or Supplier-imposed increases.

9. Client Credit Card on File

Client authorizes Company to charge additional amounts resulting from Supplier cost increases, fuel surcharges, taxes, or currency fluctuations, with at least twenty-four (24) hours’ notice when reasonably practicable.

10. Personal Information Authorization

Client authorizes Company to collect and share personal information as reasonably necessary to arrange travel. Company uses commercially reasonable safeguards but is not responsible for Supplier or third-party data practices.

11. Booking Accuracy & Legal Names

Client must review confirmations immediately and report errors. Names must exactly match government-issued identification. Client assumes all risks and costs arising from failure to correct errors promptly.

12. Airfare

12.1 General Conditions Governing Air Transport

a. Modification of Reservation
Unless indicated otherwise at the time of booking, airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Client name, travel date, travel times, travel routing, or travel departure/arrival times and airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. CLIENT IS RESPONSIBLE FOR ANY AND ALL CHANGE FEES AND FOR THE DIFFERENCE IN FARE, IF APPLICABLE.

b. Unused Airline Tickets
Company acts solely as an intermediary between Client and the airline. When Client is booked on an airline reservation, their credit card or debit card will be charged for the amount agreed upon. Credit will not be given by Company for any unused airline tickets and cannot be used towards any future bookings.

c. Seat Reservations & Assignments
Client, unless otherwise requested, is quoted in economy class seats to be booked by Company. All travel quoted will be round-trip, unless otherwise determined by Company. Company is unable to specify the type of aircraft used by any airlines or the amenities available on a particular flight. Seat assignments are subject to the airlines’ policies and may not be able to be made until Client is at the airport on the date of departure. Client understands and agrees that all airline seats, whether reserved or not, are subject to change by the airline at the time of departure. If applicable, Company agrees to add Client’s frequent flyer mileage number and Traveler Identification Number to the airline reservation at the time of booking. Client understands and agrees that not all reservations are eligible for mileage accrual. Client further agrees that they are responsible for obtaining their own Traveler Identification Number if they wish to receive a pre-check status within the United States.

d. Layovers
Client agrees that direct flights may be non-stop or may involve one or more layovers (the airline makes a stop but all portions of the flight keep the same flight number). Company is not responsible for any travel delays due to airline layovers. Company does not make any guarantees regarding the length of layover times, and Client is solely responsible for ensuring it has adequate time during its flight(s) layovers for reasons including, but not limited to, accompanying children, going through customs, meals, and potential flight delays.

e. Airline Delays and Cancellations
In the event that an airline cancels or delays a flight, Client shall contact the airline directly to rebook a flight. Client shall confirm all bookings with the airline prior to the stated date of departure (recommended at least seventy-two (72) hours in advance). Client is responsible for arriving at the airport in a timely manner before a flight. Company recommends Client arrive at the airport at least two (2) hours prior to departure if traveling within the United States and three (3) hours prior to departure if traveling internationally. Company will not reimburse Client for unexpected additional travel costs or for missed flights. Company will not provide refunds for trips missed or for delays or cancellations that occur at the discretion of the airline, are due to weather changes, or other causes listed in Section 26 (Force Majeure) below.

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CLIENT AGREES THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGES ARISING FROM, OR RELATED TO, ANY AIRLINE TIMETABLE CHANGES, SEATING REASSIGNMENTS, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING, ACTS OF GOD, TERRORISM, WARFARE, OR FAILURE TO CHECK-IN PROPERLY OR ON TIME.

12.2 Prohibited Practices

Client agrees that they will not deviate from their airline bookings by making any unscheduled stopovers. Client further agrees not to engage in the following prohibited practices:

1. “Hidden-City Ticketing” or “Point Beyond Ticketing.” Hidden-city ticketing occurs when a passenger disembarks an indirect flight at the connection node;
2. “Throwaway Ticketing.” The purchase and use of round-trip tickets for the purpose of one-way travel only, thereby throwing away the final segment of the ticket; and
3. “Back-to-Back Ticketing.” The use of two or more different tickets issued at round-trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements).

Client agrees that when a ticket is purchased and used in violation of these rules, the Company and any applicable air carrier(s) have the right, in their sole discretion, to take all actions permitted by law, including, but not limited to, the following:

1. Invalidate the ticket(s);
2. Cancel any remaining portion of the Itinerary;
3. Confiscate any unused flight coupons;
4. Refuse to board Client and to carry Client’s baggage;
5. Assess Client for the actual value of the ticket, which shall be the difference between the lowest fare applicable to the Itinerary and the fare actually paid;
6. Delete miles in Client’s frequent flyer account and/or terminate Client’s participation in the frequent flyer program;
7. Prohibit Client from boarding commercial aircraft for travel within, into, or out of the United States; and/or
8. Take legal action against Client.

12.3 Loss of Tickets for Air & Other Modes of Transportation

Client agrees to safeguard their airline tickets and bear any and all costs related to loss or theft of airline tickets or other transportation tickets and vouchers (including, but not limited to, boat, train, bus, helicopter, and any other mode of transportation). If Client loses their airline ticket or if their ticket is stolen, the Company advises that Client immediately report the airline ticket as stolen to the police, TSA, and to the carrier.

12.4 Luggage

Each airline has its own policy regarding luggage. Company recommends that Client check with the airline at least seventy-two (72) hours in advance of departure to determine whether there are any applicable weight restrictions and additional charges relating to checked baggage. Client shall be responsible for paying for any charges regarding checked or overweight baggage, including, but not limited to, golf bags, car seats, equipment, musical instruments, sporting equipment, and oversized luggage. Such charges shall be paid directly to the airline by Client.

Company is not responsible for any damage or loss of luggage by any airline. The airline may be liable to Client for loss, theft, or damage of the baggage Client entrusts to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft, or loss of luggage, Client shall contact the airline directly and declare the damage, absence, or loss of personal property. Client shall keep the following documents in case of damage or loss of luggage: travel ticket; baggage check-in slip; and photographs, if applicable. Company strongly recommends that Client obtain an insurance policy covering the value of Client’s items before departure.

12.5 Hazardous Materials

U.S. federal law prohibits passengers from bringing hazardous materials on an aircraft. Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s 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 radiopharmaceuticals.

There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed at: http://www.tsa.gov/traveler-information/prohibited-items.

12.6 Insecticide Notice

Company recommends that Client refer to the U.S. Department of Transportation (“DOT”) list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

13. Unused Arrangements & Minimum Requirements

No refunds are provided for unused travel components. Group travel may require minimum participation levels.

14. Third-Party Liability & Supplier Insolvency

Company is not responsible for Supplier acts, omissions, bankruptcy, insolvency, or failure to perform. Refunds or credits are governed solely by Supplier terms or insurance policies.

15. International Travel Responsibilities

Client is responsible for documentation, visas, health requirements, and compliance with foreign entry laws.

16. Travel with Minors

Client assumes full responsibility for minors and required documentation. Company will not book travel for minors without proper legal authorization.

17. Assumption of Risk & Release of Liability

Client voluntarily assumes all risks associated with travel activities and releases Company from all related claims, known or unknown.

18. Travel Insurance

Company strongly recommends travel insurance. If declined, Client assumes full financial responsibility for losses.

19. Communication

Company’s business hours are 9:00 AM–5:00 PM (local time). Responses may take up to seventy-two (72) hours. Client acknowledges that delayed responses may result in pricing or availability changes. Company is not responsible for missed opportunities, pricing changes, or unavailable inventory resulting from delayed Client responses. For urgent issues while traveling, Client should contact the applicable Supplier directly first (airline/hotel/tour operator), as Suppliers control real-time changes.

20. Confidentiality

The Itinerary is confidential and may only be shared for emergency or insurance purposes unless authorized in writing.

21. Currency Fluctuations

Company is not responsible for foreign transaction or exchange rate fees.

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

Any Client who resides in California may be eligible for a refund for losses from a registered seller of travel that participates in the California state refund program. If Client was located in California at the time of its travel purchase, Client may have a right to file a claim for losses with the California Travel Consumer Restitution Corporation. Certain restrictions apply. For a claim form and additional information, contact the Travel Consumer Restitution Corporation at: https://www.tcrcinfo.org.

23. Maximum Damages

Company’s total liability shall not exceed amounts paid by Client under this Agreement.

24. Limitation of Liability; Class Action Waiver; Time Limit

To the maximum extent permitted by applicable law, Client waives class actions and agrees all claims must be brought individually. Written notice of claims must be provided within thirty (30) days, and any legal action must commence within one (1) year. These limitations apply to all claims, whether based in contract, tort, statute, or otherwise.

25. Indemnification

Client agrees to indemnify and hold Company harmless from third-party claims arising from Client’s actions or breach.

26. Force Majeure

Company is not liable for events beyond its control. Planning fees and payments are non-refundable except as provided by Suppliers.

27. Reservation of Rights

Company may update these Terms and Conditions at its discretion.

28. Entire Agreement

This Agreement supersedes all prior communications and may only be modified in writing signed by both Parties.

29. Governing Law; Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws.

The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not resolved as required by Section 30 shall be resolved exclusively in a federal or state court of competent jurisdiction located in Kootenai County, Idaho, and the Parties consent to personal jurisdiction and venue there.

Each Party assumes responsibility for its own collection costs and legal fees incurred should enforcement of this Agreement become necessary, unless otherwise provided by applicable law or determined by the arbitrator under Section 30.

30. Mandatory Arbitration; Exceptions

Except as provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or the travel services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in Kootenai County, Idaho (unless the Parties agree otherwise). The arbitrator may award any relief permitted by law, except as limited by this Agreement.

Exceptions: either Party may bring (i) an individual action in small claims court (if eligible), or (ii) an action seeking temporary injunctive relief to protect confidential information or intellectual property.

Each Party will bear its own attorneys’ fees unless a statute provides otherwise; arbitration fees will be allocated by the arbitrator.

31. Severability & No Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is asserted. A waiver of any breach shall not constitute a waiver of any other or subsequent breach.

32. Assignment

This Agreement may not be assigned without written consent of both Parties.

33. Headings

Headings are for convenience only.

34. Notice

Notices must be sent by email.
Company: michelle@escapesbyescala.com
Client: Email provided for booking communications.

35. Electronic Communications; Counterparts

Electronic signatures and communications are binding and legally effective.

36. Testimonials, Photos & Media

Client grants Company a royalty-free, perpetual, worldwide license to use Client-provided testimonials and non-sensitive travel photos for Company’s marketing purposes (including Company’s website and social media) unless Client opts out in writing prior to publication. Client understands and agrees that no compensation is owed for such use and that Company is not required to obtain additional approval for each use. Company will not publish sensitive personal information (such as passport numbers, dates of birth, booking confirmation numbers, or payment details).

Signatures

Each Party has read, understands, and agrees to the terms and conditions of this Agreement.

Company
Michelle Escala-Summach
On behalf of Escapes by Escala LLC
Date Signed: 1/10/2026