TerraKind Travel

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TerraKind Travel

TerraKind TravelTerraKind TravelTerraKind Travel
Home
Travel
About
Contact
FAQs
More
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  • Travel
  • About
  • Contact
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 Please reach me at tom.leamond@fora.travel if you have any questions. 

Terms & Conditions

These terms and conditions (“Agreement”) govern the relationship between Tom LeaMond, an independent travel advisor (“Travel Advisor” or “we”) on one side and you, the purchaser of travel services or lead traveler (“Client” or “you”) on the other.

  1. Use of Travel Advisor’s Services. You represent and warrant that:
  2. You are at least 18 years of age and are authorized to enter into this Agreement and make travel bookings with Travel Advisor;
  3. The  information you provide (whether for you or on behalf of others) is  true and accurate, and you will continue to provide updated information  throughout your engagement with Travel Advisor; and
  4. You  will abide by the terms and conditions of this Agreement and any terms  and conditions of our travel suppliers or partners that are applicable  to your booking.
  5. Independent Travel Advisor
  6. Travel Advisor is an independent travel advisor of Fora Travel, Inc. (“Fora”)  and operates its own separate travel business. Client understands and  agrees that: (i) Travel Advisor is not an agent, representative or  employee of Fora; (ii) Fora is a technology provider and host agency,  not a travel service provider; (iii) Client will have no claim against  (nor will Client file any claim against) Fora for losses or damages  resulting or arising from the provision of services by Travel Advisor;  and, (iv) notwithstanding anything to the contrary in this Agreement or  otherwise, Fora is not a party to this Agreement for any purpose. Client  expressly waives any claims, demands, or causes of action against Fora  arising from or relating to any travel arrangements, advisor services,  cancellations, disputes, or any other matters related to this Agreement.
  7. Services; Planning Fees
  8. Travel  Advisor will provide Client with travel planning services, which may  include researching and booking travel arrangements such as  accommodations, transportation, activities and tours based on Client’s  preferences and budget, as well as any other services agreed to by the  parties in writing.
  9. Travel  Advisor may charge a planning fee for its services, which will be  mutually agreed with Client in writing. Any planning fees charged are  100% non-refundable and due before Travel Advisor begins work on an  itinerary.
  10. Suppliers; Client’s Responsibility.
  11. Travel  Advisor’s role is to make travel reservations for the Client upon  request and to act as liaison between Client and travel suppliers,  ensuring the itinerary runs smoothly.
  12. Client  acknowledges that the suppliers whose names appear in travel  documentation are those actually responsible for providing the travel  services purchased and that travel documents may be issued by third  party booking channels selected by Travel Advisor. Client consents to  the use of the suppliers disclosed to Client and is responsible for due  diligence of the suppliers chosen by Client or the traveler and quality  of their services. Client agrees that the Travel Advisor will not be  responsible if the Client is not satisfied with the final choices.
  13. Travel  Advisor makes no guarantee of a supplier’s rates, bookings, quality of  services, or special requests. Each supplier is an independent entity  with its own management and is not subject to Travel Advisor’s control.  Travel Advisor bears no responsibility for any changes, delays,  alterations, modifications or cancellations of an itinerary or booking  made by a supplier, other third party or due to force majeure and does not cover associated costs.
  14. Travel Bookings.
  15. Rates:  All quoted prices are in USD unless otherwise indicated and are subject  to change without notice. You understand and agree that many suppliers  employ dynamic pricing and prices are based on several factors,  including demand and availability. Prices cannot be guaranteed until the  applicable service is booked and the deposit, if applicable, is  received.
  16. Currency Fluctuations: Client is aware that there may be currency fluctuations that may affect the final amount due for the Client’s reservations.
  17. Confirmed Bookings: All bookings are subject to availability and confirmation by Travel Advisor.
  18. Personal Information:  Client authorizes Travel Advisor’s use of Client’s personal information  for bookings, airfare/airline tickets, tours, cruises, restaurant  reservations and any other services requested by the Client.
  19. Payment:  Client will pay for all travel services promptly when due by paying the  supplier directly or, if directed by Travel Advisor, by paying Fora who  will process the payment on behalf of a supplier.
  20. Credit Card Authorization; Disputes and Chargebacks:  You may choose to keep a credit card on file with Travel Advisor which  Travel Advisor may charge for any travel services and associated amounts  that are expressly authorized by you. You further certify that you are  an authorized user of any credit card provided to Travel Advisor. YOU  AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO  AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TRAVEL ADVISOR OR  OUR TRAVEL SUPPLIERS OR PARTNERS, INCLUDING CANCELLATIONS OR CHANGES OF  ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND OUR CONTROL, UNLESS THE  PRODUCT OR SERVICES PURCHASED WERE NEVER PROVIDED OR GROSSLY  MISREPRESENTED. You agree to notify Travel Advisor immediately if any  products or services purchased are not as expected and to give Travel  Advisor a reasonable opportunity to assist in finding an acceptable  resolution with the supplier responsible for providing the product or  services.
  21. Fees from Independent Travel Arrangements: Travel Advisor is not responsible for costs and fees incurred for travel arrangements made independently of Travel Advisor.
  22. Nonrefundable Bookings; Modifications and Cancellation Fees:  Client understands and agrees to all terms and conditions of suppliers  from which it has purchased travel services, and that Client is subject  to the deposit, cancellation, modification and refund policies of each  individual supplier. Client also agrees to provide Travel Advisor with a  minimum of 48 hours’ notice by email for Travel Advisor to effect any  cancellation or modification requests. Travel Advisor will not be liable  for any penalties imposed on Client due to untimely requests by Client.  Client further agrees that to the extent Travel Advisor incurs any fees  or expenses because of modification or cancellation of a booking, such  costs and expenses will be passed on to Client.
  23. Travel Insurance. Travel  insurance is not included unless expressly stated and purchased by  Client. Travel insurance can protect against supplier issues, delays,  cancellations, medical emergencies, lost luggage, and more. Proper  insurance helps safeguard against financial loss in most situations.  Without appropriate travel insurance, you understand and agree that if  you cancel your travel or your trip is interrupted for any reason,  Travel Advisor and travel suppliers’ cancellation penalties will apply  resulting in the loss of monies up to the full cost of Client’s travel  booking and related costs.
  24. Government Identification and Travel Advisories. 
  25. Denial of Entrance.  You understand that Travel Advisor is not responsible for the denied  entry into any country for any guest and that all guests are responsible  to ensure that they have all the proper documents for entry. All names  on documents must match the legal name on the guest’s photo I.D., and  travel document information must match tickets. You understand that  minors unaccompanied by birth parents will need a permission letter for  travel outside the U.S. and any travelers with criminal convictions may  be denied entry to certain countries, including Canada. Each guest is  responsible for determining if issues are present with the  immigration/customs process into a foreign country. BEING DENIED ENTRY  FOR ANY REASON MAY RESULT IN A COMPLETE FINANCIAL LOSS ASSOCIATED WITH  YOUR TRIP AND DOES NOT ENTITLE YOU TO ANY REFUND.
  26. Passports.  You understand that a passport is required for international travel,  including for children & babies and that for some countries  (including Mexico, Costa Rica, St. Lucia, Europe) passports must be  valid 6 months after the date of travel. Additionally, a visa may be  required by applicable government regulations. WHEN YOU RECEIVE YOUR  TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO ENSURE THE INFORMATION IS  CORRECT.
  27. Traveling with Minors.  Children and infants may also require travel documents. Minors  traveling with one parent, and/or without both parents, may be stopped  and not admitted, unless authenticated and verified consent forms are  provided to the authorities; please see https://help.cbp.gov for  additional information. Parental or legal guardian consent must be  provided to the supervising adult or group leader in writing.
  28. Travel Advisories.  Travel to certain destinations or during certain times may involve  greater risk than others (especially as it relates to COVID-19/other  communicable diseases and evolving geopolitical tensions). Changes in  travel advisories (i.e., government-issued warnings, recommendations or  notices regarding safety, security, health risks or other travel-related  concerns in certain destinations) shall not supersede the cancellation  and refund policies of travel suppliers or partners. Client acknowledges  that unless they have applicable travel insurance coverage, changes to  travel advisories or personal concerns, including anxiety or discomfort  regarding a destination, do not entitle you to a refund, credit, or  other compensation. It is your responsibility to review and understand  travel advisories issued by the United States and the destinations you  will be visiting. Travel Advisor does not represent that travel to  locations, even locations for which it provides services to, is  advisable or without risk. CLIENT’S PARTICIPATION IN ANY TRAVEL  CONSTITUTES ACCEPTANCE OF SUCH RISK.
  29. Liability; Damages; Force Majeure.
  30. TRAVEL  ADVISOR ACTS SOLELY AS AN AUTHORIZED SELLER FOR DISCLOSED TRAVEL  SUPPLIERS AND PARTNERS AND HAS NO CONTROL OVER THEIR OPERATIONS.  THEREFORE, TRAVEL ADVISOR IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY  DAMAGE, OR ANY ISSUES ARISING FROM THESE TRAVEL SUPPLIERS' AND PARTNERS’  SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, LIABILITY FOR ACTS,  ERRORS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, SERVICE FAILURES,  CANCELLATIONS, REFUND POLICIES, PRICE CHANGES, BANKRUPTCY, OR  OPERATIONAL CESSATION. TRAVEL ADVISOR DISCLAIMS ALL LIABILITY FOR  DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE  GOODS OR SERVICES PROVIDED BY THESE SUPPLIERS, AND YOU AGREE TO RELEASE  TRAVEL ADVISOR FROM ANY SUCH CLAIMS.
  31. NOTWITHSTANDING  ANYTHING TO THE CONTRARY, TRAVEL ADVISOR HAS SOLELY RECEIVED COMMISSION  AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT  ANY RECOVERY FROM TRAVEL ADVISOR WILL BE LIMITED TO THE AMOUNT OF  COMMISSION AND FEES ACTUALLY RECEIVED BY TRAVEL ADVISOR.
  32. Travel  Advisor is not liable for any failure or delay in fulfilling  obligations under this Agreement due to causes beyond its control,  including natural disasters, accidents, civil unrest, war, terrorism,  pandemics, equipment failures, government actions, or other unforeseen  events. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL  TRIPS.
  33. General. 
  34. Modifications.  Travel Advisor reserves the right, in its sole discretion, to amend  this Agreement at any time. Updated versions of this Agreement are  effective immediately upon provision to Client.
  35. Governing Law; Venue. The laws of the State of Maryland govern this Agreement. You hereby  consent to the exclusive jurisdiction and venue of courts in Greenbelt,  Maryland in all disputes arising out of or relating to travel bookings  with Travel Advisor.
  36. Third Party Beneficiaries: This Agreement is for the sole benefit of Travel Advisor and Client and  their respective successors and assigns. Nothing in this Agreement,  express or implied, is intended to or shall confer any rights, benefits,  or remedies upon any person or entity other than the parties to this  Agreement.
  37. Timeliness; Claims; Class Action Waiver. Any claim against Travel Advisor must be brought within 12 months after  the date of the completion of the trip and not later. TRAVEL ADVISOR  SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OTHER THAN COMPENSATORY  DAMAGES, AND YOU WAIVE ANY RIGHT TO CLAIM PUNITIVE OR EXEMPLARY DAMAGES.  YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY  AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS ACTION, PROPOSED OR  PURPORTED CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, REGARDLESS OF  THE TYPE OF PROCEEDING.
  38. Severability. If any provision of this Agreement is determined to be invalid,  illegal, or unenforceable in any jurisdiction, the remaining provisions  shall remain in full force and effect and shall be construed in a manner  that best achieves the original intent of the parties.
  39. Headers. Headings are for convenience only and “including” and similar terms are to be construed without limitation.
  40. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
  41. Acceptance. By executing this Agreement, you hereby consent to the terms and conditions set forth herein.


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