TERMS AND CONDTIONS OF SERVICE TO WHICH YOU ARE AGREEING
BY ARRANGING TRAVEL THROUGH
QUEEN OF HEAVEN TOURS
(a dba of Wendt Enterprises, Inc.)
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. THE TRAVEL AND TOUR SERVICES (“Services”) PROVIDED BY QUEEN OF HEAVEN TOURS IS CONDITIONED UPON YOUR THOROUGH AND CAREFULE READING OF THESE TERMS AND CONDITIONS. BY YOUR CHECKING THE BOX AT THE END OF THESE TERMS OF CONDITIONS YOU ARE AFFIRMING THAT YOU HAVE READ THEM AND AGREE TO BE BOUND BY THEM AS A CONDITION OF ACCEPTING QUEEN OF HEAVEN’S SERVICES.
IF THERE IS ANY CONTRADICTION BETWEEN THESE TERMS AND CONDITIONS AND THE QUEEN OF HEAVE TOURS REGISTRATION FORM, THESE TERMS AND CONDITIONS SHALL BE CONTROLLING.
“You” (and all grammatical forms thereof herein) means the client of Queen of Heaven Tours, a dba of Wendt Enterprises, Inc. “We” (and all grammatical forms thereof herein) means Queen of Heaven Tours.
The material in this document is sometimes referred to herein as Terms and Conditions or simply by the word Agreement.
We shall provide you with the travel advisory services on the terms and conditions stated below.
1. Scope of Services
You understand and agree that we are acting solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and that we are not the source or provider of the travel services.
You warrant that you (and anyone traveling under your supervision) are at least 18 years of age and possess the legal authority to contractually assent to these Terms and Conditions and to make travel bookings with us. You agree to be financially responsible for all of our travel bookings made on your behalf and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate.
The following travel advisory services shall be provided by us (“Package”):
Flight reservations, if requested by you as chosen on registration form
Accommodations bookings
Transportation (i.e. car rental/transfers/tours)
Meals, as listed in the itinerary
2. Credit Card Authorization & Chargebacks
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through us. By submitting a credit card authorization form to us, you agree to allow us to use its payment method to purchase travel products from our Suppliers on your behalf. EXCEPT IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF COMPANY OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND OUR CONTROL OR OUR SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, WE RESERVE THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in you being denied access to any flights, tours, hotels, cruises, or other travel services, or in you forfeiting any monies paid for your reservations.
3. Cancellations & Reschedulings
You understand and agree that in some cases there is NO REFUND from a Supplier once a booking is made and under deposit. All cancellation requests must be sent to us in writing, pursuant to the Notice provision in Section 33. As a result of cancellation of or rescheduling change to a confirmed itinerary, our and Suppliers’ cancellation and rescheduling penalties and change fees will apply. Each Supplier will have their own cancellation or rescheduling fee, which you understand fluctuates depending on the Supplier. All cancellation and rescheduling fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Suppliers’ refunds.
4. Products & Suppliers
We sell a variety of travel related products from different Suppliers. Each Supplier has its own terms and conditions that are applicable to your particular arrangements and you agree to read through, acknowledge, accept, and abide by such terms. We act only as an agent for you 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. You understand that we neither own nor operate such third-party Suppliers. Because we are not a co-Supplier of such products and services, you agree to enter into separate contracts with such Suppliers in connection with those products and services. Suppliers, affiliates, online travel agencies (Expedia, Booking.com, Hotels Tonight, etc.) reserve the right to substitute hotels, alter Itinerary, withdraw any tour, and/or make any necessary adjustments due to unforeseen circumstances.
5. Booking & Reservations Vouchers
When purchasing travel related services through us, you understand and agree that you will be making an offer to purchase a Package. Once you agree to these Terms and Conditions, by answering reading and checking the box at the end of these Terms and Conditions and answering “yes” to the Terms and Conditions question on the initial registration form for your trip/pilgrimage, you understand and agree to enter an agreement for all costs related to 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 Package (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 Supplier. Once confirmed by the Supplier, ticket and/or reservation voucher will be issued and be delivered through email and/or Itinerary. The contract between you and Supplier will relate only to those items confirmed by email and/or Itinerary with ticket and/or reservation numbers. We are not required to provide itemized breakdown of pricing within Itinerary, but we will retain receipts for your records. All reservations listed within Itinerary will be fulfilled on the delivery date set out in a ticket/reservation voucher, unless otherwise explicitly stated in Itinerary.
We are not liable or responsible for any arrangements made independently of us. We assume no responsibility for costs or fees you incur for independent arrangements not booked through us, inclusive of, but not limited to, airline, hotel, excursion and travel protection related charges.
6. Itinerary Prices and Fees
Prices quoted by us within Itinerary are subject to the following conditions:
Prices include fees and taxes. However, the final price is subject to change without notice until full payment is received.
Most prices quoted are in United States Dollars, unless unavailable from the Supplier.
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 our responsibility. All seat selection costs are your responsibility.
Supplier may charge a conversion rate fee on final purchase price. All conversion rate fees are your responsibility.
Luggage fees are not included in the quoted airfare price by us and are subject to the conditions set forth in Section 11.4.
7. Your Credit Card on File
You may be charged additional sums by us 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 us to charge your credit card for such additional amounts. We shall give notice to you of any increase in pricing at least 1 business day, or 24 hours, before authorization of charges are conducted on your Credit Card.
8. Authorization to Use, and Warranty of, Personal 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.
9. Booking Accuracy & Legal Names
YOU ARE REQUIRED TO IMMEDIATELY REVIEW YOUR BOOKING CONFIRMATION AND VERIFY ALL ASPECTS OF YOUR BOOKING, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: YOUR NAME, MAILING ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER(S), DATE(S) OF BIRTH, PRICING, AIRFARE, DEPARTURE/ARRIVAL TIMES AND AIRPORTS, ACCOMMODATIONS, AND ORGANIZED ACTIVITIES. YOU SHALL NOTIFY US IMMEDIATELY IF ANY ERRORS OR OMISSIONS EXIST OR OTHER CORRECTIONS ARE NECESSARY TO ADJUST OR OTHERWISE CHANGE YOUR BOOKINGS. YOU VOLUNTARILY ASSUMES FULL AND SOLE RESPONSIBILITY FOR ANY AND ALL RISK AND/OR COSTS INVOLVED WITH FAILURE TO REPORT SUCH ERRORS OR OMISSIONS. YOU ARE REQUIRED TO VERIFY THE ACCURACY OF YOUR LEGAL FIRST AND LAST NAMES. IT IS MANDATORY THAT NAMES ON BOOKINGS BE IDENTICAL TO THOSE ON ALL TRAVEL DOCUMENTS, SUCH AS PASSPORTS AND DRIVERS’ LICENSES.
10. Airfare
10.1. 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 your 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. YOU ARE RESPONSIBLE FOR ANY AND ALL CHANGE FEES AND FOR THE DIFFERENCE IN FARE, IF APPLICABLE.
b. Unused Airline Tickets
We act solely as an intermediary between you and the airline.
When you are booked on an airline reservation, your credit card or debit card will be charged for the amount agreed upon. Credit will not be given by us for any unused airline tickets and cannot be used towards any future bookings.
c. Seat Reservations & Assignments
You, unless otherwise requested, is quoted in economy class seats to be booked by us. All travel quoted will be round-trip, unless otherwise determined by us. We are 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 you are at the airport on the date of departure. You understand and agree that all airline seats whether reserved or not are subject to change by the Airline at the time of departure. If applicable, we agree to add your frequent flyer mileage number and Travelers Identification Number reservation to the airline reservation at the time of booking. You understand you agree that not all reservations are eligible for mileage accrual. You further agree that you are responsible to obtain your own Travelers Identification Number if you wish to receive a pre-check status within the United States.
d. Layovers
You agree 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). We are not responsible for any travel delays due to airline layovers. We do NOT make any guarantees regarding the length layover times, and you are 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 Cancelations.
In the event that an airline cancels or delays a flight, you shall contact the airline directly to rebook a flight. You shall confirm all bookings with the airline prior to the stated date of departure (recommended is 72 hours in advance). You are responsible for arriving at the airport in a timely manner before a flight. We recommend that you arrive at the airport at least two hours prior to departure if traveling within the United States and three hours prior to departure if traveling internationally. We will not reimburse you for unexpected additional travel costs or for missed flights. We 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.
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT WE ARE 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.
10.2. Prohibited Practices
You agree that you will not deviate from their airline bookings by making any unscheduled stopovers. You further 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; 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).
You agree that when a ticket is purchased and used in violation of these rules, we 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 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 Itinerary and the fare actually paid;
6. Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;
7. Prohibit you from boarding commercial aircraft for travel within, into, or out of the United States; and/or
8. Take legal action against you.
10.3. Loss of Tickets for Air & Other Modes of Transportation
You agree to safeguard your 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 you lose your airline ticket or if your ticket is stolen, we advise that you immediately report the airline ticket as stolen to the police, TSA, and to the carrier.
10.4. Luggage
Each airline has its own policy regarding luggage. We recommend that you check with the airline at least 72 hours in advance of departure to determine whether there are any applicable weight restrictions and additional charges relating to checked baggage. You 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 you.
We are not responsible for any damage or loss of luggage by any airline. The airline may be liable to you for loss, theft, or damage of the baggage you 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, you shall contact the airline directly and declare the damage, absence or loss of personal property. You shall keep the following documents in case of damage or loss of luggage: travel ticket; baggage check-in slip; and photographs, if applicable. We strongly recommend that you obtain an insurance policy covering the value of your items before departure.
10.5. 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 http://www.tsa.gov/traveler-information/prohibited-items.
10.6. Insecticide Notice
We recommend that you 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.
11. Unused Arrangements, Minimum Passenger Requirements & Alterations to Bookings During Trip
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum number of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.
If you decides to change any portion of its confirmed arrangements prior to departure or during its trip, we will attempt to assist. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to us.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and we bear no responsibility for any changes.
12. Third-Party Liability
You understand and agree that our role related to guidance for retainment of Supplier is that of an advisor and that final Supplier selections will be made solely by the us. You shall relieve and hold us harmless for any acts, errors, omissions, representations, warranties, breaches or negligence of any such Supplier. You are responsible for paying Supplier directly and all Supplier contracts will be between you and Supplier.
We assume no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity that may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of a Supplier; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by a Supplier; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. You hereby release and hold us harmless from any and all claims arising out of Supplier occurrences.
No undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of your accommodations, transportation, or any food, drink, medicine, or provisions. You understand and agree that we shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any Supplier. In no event shall we 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, onboard a cruise ship, on tenders, onshore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause.
13. International Travel Responsibility & Warranty
You understand and agree that it is your responsibility to ensure all details for travel documentation for all persons traveling in their party are correct and that they have reviewed al l U.S. Government and other applicable government prohibitions, warnings, and advisories applicable to the foreign travel destination.
You are responsible for fulfilling obligations related to obtaining passports, visas, and/or other immigration requirements, including vaccinations or other health related requirements for all persons traveling in their party.
You agree that every person traveling in your party are in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to us at the time of initial booking. You are required to provide your own personal or individually prescribed devices such as canes, wheelchairs, walkers, or similar devices. We reserve the right to terminate this Agreement if your mental or physical condition make them unable to complete Itinerary. You understand and agree that we shall be held harmless for any and all claims relating to termination relating to mental or physical condition.
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you or any of your traveling parties hold a current or prior criminal offense, you understand that you have the sole responsibility to contact that country directly for entry and exit requirements. You can visit the U.S. State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting your privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html.
14. Travel with Minors
You agree that any minor child traveling with you is in your care legally. In the event that you are traveling with a minor child and your are not the parent or legal guardian of such child, you must have and carry on your person during travel a signed and notarized consent form from the child’s parents or legal guardians consenting to travel with you. In the event that you are traveling with your own minor child who does not share the same last name as you, you understand that you must provide and carry on your person the child’s birth certificate during travel. COMPANY SHALL NOT BOOK TRAVEL ACCOMMODATIONS FOR ANY MINOR CHILD WITHOUT RECEIVING A SIGNED NOTARIZED CONSENT FORM, BIRTH CERTIFICATE, GUARDIANSHIP OR ADOPTIVE PAPERWORK FROM ALL LEGAL GUARDIANS OR PARENTS.
You AGREE THAT ALL MINOR CHILDREN ARE IN YOUR CARE AND YOU ASSUME ALL RESPONSIBILITY OF POTENTIAL INJURY, DANGERS, AND RISKS ASSOCIATED WITH THE TRAVEL OF THE MINOR CHILDREN.
15. Assumption of Risk & Release of Liability
You understand and agree that you fully recognize there are dangers and risks to which you may be exposed by participating in travel activities including, but not limited to, strenuous activity such as hiking, walking, running, jumping, wading across or getting into water, strong currents, ocean waves, four-wheel drive roads, etc.; being in areas which might trigger a fear of heights or other fear responses; being exposed to normal and extreme weather conditions and other naturally occurring phenomenon such as harsh sun, altitude, extreme cold or hot temperatures, rain, snow, sleet, hail, wind, fog, tornadoes, wildfires, floods, avalanches; manual posing demonstrations or adjustments, camping, etc..
You agree to assume and take on all risks and responsibilities arising from or associated with any trip activity and release us and all of its affiliates, divisions, departments and other units, committees and groups, and its and their officers, directors, principals, trustees, legal representatives, members, owners, employees, agents, administrators, assigns, and contractors, from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that we may suffer arising from or in connection with travel activities, including any injury or harm, death, or damage to your personal property.
By ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND CONDITIONS, YOU understand and AGREE that WE do not require participation in any TRIP activity, but YOU want to and choose to do so voluntarily and knowingly—and haVE properly prepared to do so—despite the possible dangers and risks described herein.
16. Travel Insurance
We recommend that you obtain travel insurance for all travel plans. As the travel booking agent (when applicable), we have a professional responsibility to recommend the purchase of travel insurance to protect activities within Itinerary. While we do offer coverage through certain carriers, Company cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you to determine the proper policy, and we advise you to do research and find coverage that best fits your individual needs. YOU UNDERSTAND AND AGREE THAT YOU HAVE THE SOLE RESPONSIBILITY TO READ THE TRAVEL INSURANCE POLICY WHEN IT ARRIVES. INSURANCE INFORMATION INCLUDES, BUT IS NOT LIMITED TO, DETAILS ON THE EXTENT OF COVERAGE AND PROCEDURES FOR MAKING A CLAIM.
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. If coverage is declined, you have waived your right to this important coverage and your Itinerary confirmation will note “declined” next to the travel insurance section. If you have not purchased travel insurance, you agree to REVIEW THE INSURANCE DECLINATION CONFIRMATION FOR ACCURACY and contact us immediately if you believe that you have travel insurance and the confirmation is incorrect. Failure to contact us will be considered a waiver of travel insurance.
All requests for claim services or reimbursement under the travel insurance policy must be filed directly with the travel insurance provider in accordance with the policy terms and conditions which we are responsible for reviewing upon receipt. We are not able to provide advice with regard to possible cancellations and any associated insurance claims processing. All queries regarding cancellation, penalties, and coverage should be directed to your particular travel insurance provider. We will not communicate with insurance provider on your behalf.
Accordingly, you acknowledge that we cannot be involved in any aspect of an insurance claim/request for service.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE TRAVEL INSURANCE PROVIDER OR ITS COVERAGE DECISIONS AND, AS A RESULT, WE ARE NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR POLICY COVERAGE, CLAIMS PROCESSING, OR THE DENIAL OF ANY CLAIMS.
17. Communication
Our office hours are Mon-Fri 10:00 a.m.- 4:00 p.m. EST. Our primary source of communication is through its email: info@qohtours.com. We will respond to your emails within those office hours, and no more than 72 hours after your emails reach us. In the event a breakdown of communication occurs, we will first notify you that a response is needed within 24 hours and if no response is received, we shall not be liable for any travel advice associated with the communication errors, and we reserve the right to terminate this Agreement.
18. Non-Disclosure & Confidentiality
You agree that the Itinerary created by the us is considered Confidential Information. You agree to keep in strict confidence the Itinerary created by us, with the exceptions stated in these Terms Conditions. You may disclose the Itinerary to a third-party emergency contact before departure. You may also disclose the Itinerary for purposes of insurance coverage.
With the exception of the terms stated in Section 8, we shall not disclose to any third-party any details regarding your business, including, without limitation the travel parties’ names, drivers’ license numbers, passport numbers, dates of birth, Itineraries, or contact information, without written permission from you.
19. Currency Fluctuations
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. We are not responsible for surcharges or foreign transaction fees imposed by your credit card or bank.
20. Right of California Customer to Make a Claim Under the California Travel Consumer Restitution Fund
If you reside in California 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 travel 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.
21. Maximum Damages
The sole remedy for any actions or claims by you against us shall be limited to a refund, the maximum amount not to exceed the total monies paid by you under this Agreement.
22. Limitation of Liability
In no event shall we be liable under this these Terms and Conditions to you or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not you were advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
23. Indemnification
You hereby agree to indemnify, release, discharge and hold us harmless, our heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of us from and against any liability or claims arising as a result of any third-party related to the Agreement.
24. Force Majeure
We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any of said terms and conditions , when and to the extent such failure or delay is caused by or results from acts beyond the our control that were unpredictable and unforeseeable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Retainer and all other payments made by you up to the date of a Force Majeure Event are non-refundable.
25. Reservation of Rights: Company’s Changes to These Terms
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of these Terms and Conditions will be provided to you, if you are in a contractual relationship with us at the time of the change.
26. Entire Agreement
These Terms and Conditions constitute a binding agreement that incorporates the entire understanding of the you and us, supersedes any other written or oral agreements between you and us.
27. Venue & Jurisdiction
This agreement contained in these Terms and conditions shall be governed by and construed in accordance with the laws of the State of Ohio including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You and we agree that any dispute or lawsuit arising out of, or concerning, these Terms and Conditions that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Harrison County, OH. We and you assume responsibility for our own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
28. Arbitration
Any and all disputes or disagreements rising between you and us out of these Terms and Conditions upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. We and you agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Harrison County, OH unless another location is mutually agreed to by you and us. The cost and expenses of the arbitrators shall be shared equally you and us. Each you and we shall be responsible for our own costs and expenses in presenting the dispute for arbitration.
29. Severability & No Waiver
In the event that any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable. Any failure by either you or us to enforce a provision of these Terms and Conditions shall not constitute a waiver of any other portion or provision of these Terms and Conditions
30. Transfer
No agreement in these Terms and Conditions can be transferred or assigned to any third-party without written consent of both you and us.
31. Headings
Headings and titles are provided in these Terms and Conditions for convenience only and will not be construed as part of these Terms and Conditions.
32. Notice
When any notice is required you shall provide effective notice (“Notice”) to us at the following email address: info@QoHTours and we shall provide effective Notice to you at the email address provided in the Queen of Heaven Tours registration form that you fill out to initiate our services, all Notices effective at the date and time which the Notice is emailed.
Binding Acknowledgment
Checking the box below is your affirmation that you have read and understood these Terms and Conditions and agree to by bound by them as a condition of utilizing our services as defined herein.
