ADAM ENDICK TRAVEL TERMS & CONDITIONS
*We strongly advise that you purchase a comprehensive travel insurance policy to protect your investment in your trip as well as to cover any medical issues that might arise during your trip. A comprehensive policy offers additional coverage as well. We are happy to provide a quote for you with a 3rd party insurance company that we have negotiated with to reduce the cost of premiums for our clients. If you would like for us to do, please let me know. Otherwise, you hereby agree that you will be purchasing travel insurance independently or you waive insurance altogether. PLEASE REVIEW THESE TERMS & CONDITIONS CAREFULLY AS THEY CONSTITUTE PART OF THE CONTRACT FOR YOUR TRIP AND ANY ASSOCIATED SERVICES. Clients of ADAM ENDICK TRAVEL and its Affiliated Associate Agents, referred to herein, collectively, as “Agency,” or “ADAM ENDICK TRAVEL,” are subject to the following terms and conditions. The booking passenger(s) (“Client” or “Clients”), by accepting a proposal and making payment to ADAM ENDICK TRAVEL 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 Adam Endick Travel’s services to plan and/or book travel arrangement and/or those persons who are traveling on the same itinerary as the person(s) booking with ADAM ENDICK TRAVEL. 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 ADAM ENDICK TRAVEL is an intermediary between our Suppliers and the public. ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. ADAM ENDICK TRAVEL 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
ADAM ENDICK TRAVEL recommends that all Clients be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to ADAM ENDICK TRAVEL at the time of reservation upon initial booking so ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
SUPPLIER QUALITY
While ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL are nonrefundable once paid to ADAM ENDICK TRAVEL. ADAM ENDICK TRAVEL 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 the event a planning fee is not required in advance and Client cancels the trip, ADAM ENDICK TRAVEL will charge a cancellation fee as described in “Cancellations, Refunds & Penalties by Suppliers & Agency.”
PAYMENTS
ADAM ENDICK TRAVEL will accept payments according to the restrictions of the travel suppliers the Client has chosen to book with. Client is responsible for remitting all payments in a timely and appropriate manner. If payments are not remitted to ADAM ENDICK TRAVEL by the date due, 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL harmless for any actions or damages arising from Supplier pricing.
ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL and a quote generated by a travel supplier for space being temporarily held on a complimentary basis for Client, the quote generated by the supplier will supersede the invoice created by ADAM ENDICK TRAVEL.
CLIENT INFORMATION
Clients are personally responsible for supplying correct and complete personal information in order for ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL.
TRAVEL DOCUMENTATION REQUIREMENTS
Although the Agents/Advisors at ADAM ENDICK TRAVEL 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 to 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. ADAM ENDICK TRAVEL 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. ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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. ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL due to privacy laws (e.g. HIPAA). Accordingly, Client acknowledges that ADAM ENDICK TRAVEL cannot be involved in any aspect of your claim/request for service. Client acknowledges and agrees that ADAM ENDICK TRAVEL has no control over the travel insurance provider or its coverage decisions, and as a result ADAM ENDICK TRAVEL is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
MODIFICATIONS
We will do our best to make any modification you may require after confirmation has been issued, subject to availability and to the payment for any increased costs or change fees relevant to the modification. Any requests for modification to an itinerary should be made in writing via email and signed by the Client. If unforeseen circumstances amounting to ‘force majeure’ arise, ADAM ENDICK TRAVEL will inform the Client as soon as possible, and, should the change be such that it alters the nature of the trip, ADAM ENDICK TRAVEL 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, REFUNDS & PENALTIES BY SUPPLIERS & AGENCY
All cancellations or no-shows are subject to penalties imposed by the supplier. A copy of these terms will typically be given once Client accepts a proposal and the initial invoice is sent to Client. 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 ADAM ENDICK TRAVEL. All booking cancellations, transfers to another Agency, or no-shows are considered cancellations and any planning fees remitted to ADAM ENDICK TRAVEL will be retained.
In addition, beginning June 1, 2022, a cancellation fee equal to 10% of the total trip cost will apply to any trip booked with Adam Endick Travel. All cancellations must be received in writing via email to ADAM ENDICK TRAVEL and/or the Affiliated Advisor handling your trip. Where a refund or future travel credit is an option, ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL or its Affiliated Agents, ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL 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 ADAM ENDICK TRAVEL.
The failure of ADAM ENDICK TRAVEL 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. ADAM ENDICK TRAVEL 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.