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Terms and Conditions

Ellie's Travel Bug, LLC CLIENT AGREEMENT

 

Thank you for considering Ellie's Travel Bug, LLC for your travel consultation needs! We are honored that you are interested in working with our company to find the most memorable and culture-rich experiences for your vacation.

Products:

  • Accommodations bookings

  • Premium and luxury cruise lines

  • Transportation (i.e. car rental/transfers/tours)

  • Electronic and PDF itinerary creation, including:

    • Restaurant suggestions (reservation booking/confirmation is available upon request)

    • Application access via phone

    • Booking confirmation uploads

  • Tour and activities bookings

The accommodation, flight, and tour costs are due based on vendor requirements and will be communicated via quote to the client. The advisors at Ellie's Travel Bug, LLC are delighted to act as your travel consultant for all of your experiential travel needs. The following Terms and Conditions, which constitute this “Agreement” describe what you are legally entitled to expect from us when you purchase travel-related services (sometimes referred to herein as “package”) through us and also describe your obligations as a Client.

The terms “we,” “us,” “our,” and “Company” refer to Ellie's Travel Bug, LLC. The terms “you,” “your,” “Passenger,” “Passenger(s)” or “Client” refer to the customer visiting our website, booking a reservation through our website, and anyone who otherwise utilizes our services. The term “Parties” refers to Ellie's Travel Bug, LLC., on the one hand, and the Client visiting our website, booking a reservation through our website, and anyone who otherwise utilizes the Company’s services, on the other hand. The client entering into this agreement is also agreeing to those traveling with the client pursuing the agreement (i.e. spouse, direct family, extended family, friend, and any additional attendees associated with the client).

 

BY BOOKING SERVICES WITH Ellie's Travel Bug, LLC, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS IN THIS AGREEMENT:

PRODUCTS AND SUPPLIERS: We sell a variety of travel-related products from different suppliers and service providers (“Suppliers”). In addition to the terms and conditions that you must agree to with us, each Supplier has its own terms and conditions that are applicable to your particular arrangements, and you should make sure you understand them. Ellie's Travel Bug, LLC acts only as an agent for the Client in all matters related to sightseeing tours, cruises, hotels, meals, and other services, including all transportation whether by air, motor coach, rail, car, boat, or by any other means. Each Client understands that Ellie's Travel Bug, LLC neither owns nor operates such third-party suppliers. Because we are not a co-vendor of such products and services, you will be entering into a separate contract with such Suppliers in connection with those products and services.

 

BOOKING AND RESERVATION VOUCHERS: When purchasing travel-related services on our website, you will be making an offer to purchase an itinerary creation package. Once you sign this agreement, along with the estimated quote, you will enter an agreement for all costs related to the creation of the itinerary creation in its entirety. Our email confirmation is NOT the contractual acceptance of the Booking, but merely an acknowledgment that we have received your offer. The terms of your Booking (such as price, availability, and/or dates of travel) are not guaranteed until the contract is formed between you and the Supplier and a ticket and/or a reservation voucher has been confirmed and issued by our Supplier. Once confirmed by the Supplier, a ticket and/or reservation voucher will be issued and be delivered by email. The contract between you and our Suppliers will relate only to those items confirmed by email with ticket and/or reservation numbers.

Your Booking will be fulfilled on the delivery date set out in your ticket /reservation voucher unless there are exceptional circumstances.

 

PRICES AND FEES: Prices quoted include fees and taxes unless otherwise indicated. However, the final price is subject to change without notice until full payment is received.

 

  • Airline cancellations, changes, and rebooking fees and rules are subject to the individual terms and conditions imposed by the carrier.

  • Hotel accommodations are based on Run of House (ROH) double occupancy unless otherwise indicated.

  • All airline tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by Supplier(s) or government(s).

  • Airlines may charge seat assignment fees, which are not the responsibility of Ellie's Travel Bug, LLC. All seat selection costs are the responsibility of the traveler.

  • You may be charged additional sums by the Company to offset any increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets, or any combination thereof. Acceptance of these Terms and Conditions hereby implies your consent to any post-purchase price increases and authorizes the Company to charge your credit card for such additional amounts.

 

CONDITIONS: Ellie's Travel Bug, LLC shall not be responsible for the value, reliability, quality, or authenticity of any goods purchased while on tour or through Suppliers.

 

Ellie's Travel Bug, LLC shall not be responsible for any acts by third parties or for any mailing, freight, or other shipping arrangements.

 

Ellie's Travel Bug, LLC reserves the right to decline or to accept any person as a Client at any time.

 

Ellie's Travel Bug, LLC and its affiliates reserve the right to substitute hotels, alter the itinerary, withdraw any tour, and/or make any necessary adjustments due to unforeseen conditions.

 

EXCLUSIONS: The cost of passport and visa fees, baggage fees, all items of a personal nature, tips, and expenses for additional sightseeing tours that are not specified in the itinerary are not included in the package price.

 

Alcoholic beverages are an additional cost unless indicated otherwise.

 

All insurance (i.e. health, accident, lost baggage, or trip cancellation coverage) is additional and not included in the package. However, the purchase of such insurance is strongly recommended.

 

TRAVEL DOCUMENTS (PASSPORTS & VISAS): IT IS EACH PASSENGER’S RESPONSIBILITY TO CARRY A VALID PASSPORT AND OBTAIN/FULFILL ANY NECESSARY VISAS, VACCINATIONS, OR TRAVEL REQUIREMENTS FOR EACH DESTINATION IN ADVANCE OF THE DEPARTURE DATE. Refunds will not be issued by Ellie's Travel Bug, LLC in the event a trip is canceled or delayed because the client did not have a valid passport or visa at the time of departure or return or failed to arrive at the location of departure before the boarding time.

Passport and visa fees are the responsibility of each Passenger. It is recommended that each Passenger’s passport be valid for a period of at least six months after the departure date. In addition, it is each Passenger’s responsibility to ensure that his or her visa is valid for the time period specified for each country the Passenger intends to visit.

PASSENGER(S) ASSUME THE SOLE RESPONSIBILITY FOR, AND HEREBY RELEASE(S) COMPANY FROM, ANY CLAIMS OR RESPONSIBILITY FOR ANY AND ALL DAMAGES INCURRED AS A RESULT OF PASSENGER’S FAILURE TO COMPLY WITH APPLICABLE DOCUMENTATION REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT THAT ALL PASSENGERS PROCURE AND HAVE ON THEIR PERSON THE PROPER TRAVEL DOCUMENTS AT ALL TIME.

The Company recommends that Passenger(s) consult with the appropriate domestic and foreign governmental agencies to determine which current travel documents are required by each country destination. Please note that effective January 23, 2007, a valid passport will be the only acceptable form of documentation for travel to/from Mexico.

AUTHORIZATION TO USE, AND WARRANTY OF, INFORMATION: BY REQUESTING TRAVEL SERVICES FROM US, YOU ARE AUTHORIZING US TO OBTAIN YOUR PERSONAL PRIVATE INFORMATION AND/OR TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO THOSE THIRD PARTIES THAT WE DEEM NECESSARY TO PROVIDE YOU WITH THE SERVICE THAT YOU HAVE REQUESTED, AND TO PROVIDE THE TYPE OF INFORMATION THAT WE DEEM IS REQUIRED AS AN INTEGRAL PART OF BOOKING YOUR TRAVEL. WE TAKE GREAT CARE TO USE ONLY REPUTABLE COMPANIES TO BOOK YOUR TRAVEL. HOWEVER, WE ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PERSONAL, PRIVATE, AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION. BY REQUESTING TRAVEL SERVICES FROM US, YOU ARE CERTIFYING THAT ALL INFORMATION YOU PROVIDE TO US WILL BE ACCURATE, COMPLETE, AND CURRENT AND THAT YOU ARE NOT AND HAVE NOT KNOWINGLY PROVIDED US WITH ANY FALSE INFORMATION.

BOOKING ACCURACY AND LEGAL NAMES: ALL PASSENGERS ARE REQUIRED TO IMMEDIATELY REVIEW THEIR BOOKING CONFIRMATION AND VERIFY ALL ASPECTS OF THEIR BOOKING, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: PASSENGER NAMES, MAILING ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER(S), DATE(S) OF BIRTH, PRICING, AIRFARE, DEPARTURE/ARRIVAL TIMES AND AIRPORTS, ACCOMMODATIONS, AND ORGANIZED ACTIVITIES. PLEASE NOTIFY THE COMPANY IMMEDIATELY IF ANY ERRORS OR OMISSIONS EXIST OR OTHER CORRECTIONS ARE NECESSARY TO ADJUST OR OTHERWISE CHANGE YOUR BOOKINGS. PASSENGER(S) VOLUNTARILY ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY AND ALL RISKS AND/OR COSTS INVOLVED WITH FAILURE TO REPORT SUCH ERRORS OR OMISSIONS. PASSENGERS ARE REQUIRED TO VERIFY THE ACCURACY OF THEIR LEGAL FIRST AND LAST NAMES. IT IS MANDATORY THAT NAMES ON BOOKINGS BE IDENTICAL TO THOSE ON ALL TRAVEL DOCUMENTS, SUCH AS PASSPORT AND DRIVER’S LICENSE.

AIRFARE: A. General Conditions Governing Air Transport Unless indicated otherwise at the time of booking, airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Passenger names, dates, times, routing, or 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. PASSENGER(S) ARE RESPONSIBLE FOR ANY AND ALL CHANGE FEES AND FOR THE DIFFERENCE IN FARE, IF APPLICABLE. The Company acts solely as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount agreed upon, whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used towards any future bookings.

All tickets will be issued for economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines’ policies and may not be able to be made until you are at the airport on the date of departure.

Direct flights may be non-stop or may involve one or more stopovers (the airline makes a stop but all portions of the flight keep the same flight number). Connecting flights or stopovers may be subject to refueling, maintenance, or crew changes. PLEASE ENSURE THAT YOU SCHEDULE SUFFICIENT TIME FOR CONNECTING OR STOPOVER FLIGHTS THAT ARRIVE AND DEPART FROM ANOTHER TERMINAL OR AIRPORT. Travel to another airport is at the Passenger(s)’ expense. Company will not reimburse Passenger(s) for these additional travel costs or for missed flights.

The Company is unable to specify the type of aircraft used by any airlines or the amenities available on a particular flight. IF AN AIRLINE CANCELS OR DELAYS A FLIGHT, YOU MUST CONTACT THE AIRLINE DIRECTLY TO REBOOK YOUR FLIGHT AND TO ENSURE THAT YOU ARRIVE AT THE AIRPORT ON TIME.

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE 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.

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 11 (Force Majeure) below.

 

B.      Prohibited Practices

PASSENGER(S) AGREE THAT THEY WILL NOT DEVIATE FROM THEIR AIRLINE BOOKINGS BY MAKING ANY UNSCHEDULED STOPOVERS. PASSENGER(S) UNDERSTAND AND AGREE 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.

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).

 

Passenger further understands 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 your itinerary;

3. Confiscate any unused Flight Coupons;

4. Refuse to board you and to carry your baggage;

5. Assess you for the actual value of the ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;

6. Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program; and/or

7. Take legal action against you.

 

 C.     Loss of Tickets for Air and other Modes of Transportation

PASSENGER(S) AGREE TO SAFEGUARD THEIR 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 TRANS-PORTATION). IF YOU LOSE YOUR AIR TICKET OR IF YOUR TICKET IS STOLEN, THE COMPANY ADVISES THAT YOU IMMEDIATELY REPORT IT STOLEN TO THE POLICE AND TO THE CARRIER.

 D.     Luggage

Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time to determine whether there are any applicable weight restrictions and additional charges relating to checked baggage. YOU WILL BE RESPONSIBLE FOR PAYING THE AIRLINE DIRECTLY FOR ANY ADDITIONAL CHARGES FOR CHECKED OR OVERWEIGHT BAGGAGE, INCLUDING, BUT NOT LIMITED TO, GOLF BAGS, CAR SEATS, EQUIPMENT, MUSICAL INSTRUMENTS, SPORTING EQUIPMENT AND OVERSIZED LUGGAGE.

 

The airline will be liable to you for loss, theft, or damage of the baggage you entrust 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, you should contact the airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration. Copies of the following documents should be attached to the declaration: travel ticket, baggage check-in slip, and photographs, if available. The Company strongly recommends that you obtain an insurance policy covering the value of your items before departure.

 

REFUNDS AND CHARGE BACKS: 

Your right to a refund is limited if you change or cancel your travel plans. In most cases, there is NO REFUND once an itinerary is created and a booking is made and paid for, and if final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. Due to the nature of the creation of an itinerary and the hours of labor required for research, no refund will be issued. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact us. All cancellation requests must be sent to Ellies Travel Bug, LLC. in writing and we need to receive your original voucher before any applicable refund can be considered. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.

If available, refunds will only be paid to you once we have received the funds back from the Supplier(s). We are not responsible for a Supplier’s failure to pay a refund.

 

By agreeing to these terms and conditions, you are in the understanding that no charge backs will be made with our suppliers once we have your approval of the itinerary in writing. Ellie's Travel Bug, LLC is not responsible for any unrecognized charges on your accounts. Unrecognized charges should be clarified directly with the supplier of the charge before a charge back is made. If a chargeback is made on an item with written approval, this is grounds for termination of our contract and your itinerary/trip.

 

TRAVEL INSURANCE:

As your travel booking agent (when applicable), we have a professional responsibility to recommend the purchase of travel insurance to protect both you and your vacation. While we do offer coverage through certain 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.

 

If you decline travel insurance, you acknowledge and accept liability for any cancellation penalties, damages and/or out-of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel insurance section. If you have purchased travel insurance, please remember to REVIEW YOUR CONFIRMATION FOR ACCURACY and call us immediately if you believe you have travel insurance and your confirmation indicates “declined.” Failure to contact us will be considered a waiver of travel insurance.

 WE URGE YOU TO READ YOUR TRAVEL INSURANCE POLICY WHEN IT ARRIVES AS IT CONTAINS IMPORTANT INFORMATION. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, DETAILS ON THE EXTENT OF COVERAGE AND PROCEDURES FOR MAKING A CLAIM.

All requests for service under the travel insurance policy must be filed directly with the travel insurance provider in accordance with the policy terms and conditions which you, the Passenger, are responsible for reviewing upon receipt. The Company is not able to provide advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, and coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with the Company due to privacy laws (e.g. HIPAA).

 

ACCORDINGLY, YOU ACKNOWLEDGE THAT THE COMPANY CANNOT BE INVOLVED IN ANY ASPECT OF YOUR CLAIM/REQUEST FOR SERVICE. PASSENGER(S) ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE TRAVEL INSURANCE PROVIDER OR ITS COVERAGE DECISIONS AND, AS A RESULT, THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR POLICY COVERAGE, CLAIMS PROCESSING, OR THE DENIAL OF ANY CLAIMS.

 

FORCE MAJEURE:

Ellie's Travel Bug, LLC shall not be liable for any injury, damage, loss, accident or delay resulting directly or indirectly from or as a result of strikes, theft, sickness, weather, acts of God, acts of terrorism, civil disturbances, government actions, acts of war, customs regulations, epidemics, quarantines or other force majeure events.

 

RIGHT OF CALIFORNIA CUSTOMER TO MAKE A CLAIM UNDER THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND:

You may be eligible for a refund for losses from a registered seller of travel that participates in the California state refund program. If you were located in California at the time of your purchase, you 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 athttps://www.tcrcinfo.org.

CHOICE OF LAW: 

It is the intention of the Parties that the substantive laws of California, in the United States of America, (without reference to choice of law principles) shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the Parties. 

MEDIATION OF DISPUTES:

If a dispute arises out of or relating to any aspect of this Agreement between the Parties, or the breach thereof, and if the dispute cannot be first settled through negotiation, the Parties agree to first try in good faith to settle the dispute by private mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. The cost of such mediation shall be borne equally by the Parties, unless otherwise stipulated in a settlement agreement between the Parties.

 

In the event the Parties are not able to agree on a mediator within thirty days of the first Party seeking mediation, the presiding judge of the Superior Court of the county in which the business is located shall have jurisdiction to appoint a mediator. In the event the mediator determines that a second mediation session is necessary, it shall be conducted in accordance with this Section. Should the prevailing Party attempt an arbitration or a court action before attempting mediation, the prevailing Party shall not be entitled to attorney’s fees that might otherwise be available to it in a court action or arbitration and, in addition thereto, the Party who is determined by the arbitrator to have resisted mediation may be sanctioned by the arbitrator or judge.

 

ARBITRATION OF DISPUTES:

Any dispute or claim arising between the Parties out of this Agreement, if not settled first by mediation, shall be finally settled by binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association (“AAA”). The proceedings shall be held before one neutral arbitrator selected by the Parties or, if they cannot agree, then by AAA. Discovery shall be permitted. The same remedies available in court shall be available in arbitration. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the Parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Party, except (i) an action to compel arbitration or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section.

NOTICE TO EACH PARTY: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY ARBITRATION AND NOT BY COURT ACTION. YOU ARE GIVING UP THE RIGHT TO LITIGATE IN COURT, OTHER THAN TO ENFORCE THE TERMS OF ANY ARBITRATION AWARD. IN ADDITION, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL.

 

ENTIRE AGREEMENT: 

This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties.

 

SEVERABILITY IN EVENT OF PARTIAL INVALIDITY:

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

 

MODIFICATION BY SUBSEQUENT AGREEMENT:

This Agreement may be modified by subsequent agreement of the Parties only by an instrument in writing signed by both of them.

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