AGREEMENT FOR WEBSITE USERS AND TRAVELERS
TERMS + CONDITIONS
PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS. Please thoroughly review these terms and conditions of Where2Next? Travel, LLC and https://www.where2nexttravel.co. When you use this website, the reader / addressee of this notice will be the only recipient of the booking receipt and terms and conditions. It is the sole responsibility of the reader / addressee to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to Where2Next? Travel, LLC, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services:
Responsibility: WHERE2NEXT? TRAVEL, LLC (“We,” “Our”) acts as an agent for the airlines, tour operators, cruise lines, lodging providers, car rental companies, ground operators, and any other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts.
Hazards: We have no special knowledge regarding foreign entry requirements, unsafe conditions, health hazards, pandemics, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements, go to https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html. For State Department travel advisories, go to https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. For foreign health requirements and dangers, go to http://www.cdc.gov/travel/index.htm. You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control, and to submit all other claims against us within thirty (30) days after the return of your trip.
Limitation of Refunds: All airlines impose cancellation and change penalties up to 100% for many discount tickets. All tour operators, cruise lines, and some resort hotels impose cancellation and change penalties, too. Please view the applicable rules before you make your reservation.
Delays: Flight delays are very common. If your flight is delayed for any reason, the airlines are not required by law to pay for your enroute expenses, such as meals, hotels, taxis, and phone calls.
Check Your Itinerary: Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify Where2Next? Travel, LLC immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Reconfirmation: Schedule changes are quite common. We urge you to re-check exact flight times prior to departure and prior to your return.
Package Trips: If you book a trip, we must collect the tour operator’s, resort’s or cruise line’s deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. We do not endorse or recommend any particular tour operator or cruise line; our role is strictly limited to facilitating the booking. After you finish your booking, we will send you any agreement required by the travel services supplier, along with a request that you sign that agreement and return it to us. In the event of any inconsistency between that agreement and this agreement, the latter shall govern.
Travel Documents: Passenger(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. Passenger(s) assumes sole responsibility for, and hereby releases Where2Next? Travel, LLC 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 times. Where2Next? Travel, LLC recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements. Please note, effective January 23, 2007, a valid passport is the only acceptable document for travel to Mexico.
Payments: Where2Next? Travel, LLC accepts Visa, American Express, Discover, and MasterCard. Where2Next? Travel, LLC holds reservations until the "Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by Where2Next? Travel, LLC on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold Where2Next? Travel, LLC harmless for cancellation of any booking for either late payment or declination of a credit card.
Pricing: Prices and availability quoted by Where2Next? Travel, LLC are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that Where2Next? Travel, LLC 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 Where2Next? Travel, LLC 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. You acknowledge this right and agree to hold Where2Next? Travel, LLC harmless for any actions or damages arising from Supplier pricing. Where2Next? Travel, LLC reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.
Cancellation Policy: All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at Where2Next? Travel, LLC. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable $50 per person fee imposed by Where2Next? Travel, LLC. The cancellation fees imposed by Where2Next? Travel, LLC are waived if the written request is received within a three (3) business day grace period from your booking date as noted on your confirmation. All cancellations MUST be in writing and sent to Where2Next? Travel, LLC by fax to 1-801-457-4552 or by email to firstname.lastname@example.org. Cancellations sent to any other address will not be processed. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by Where2Next? Travel, LLC and the supplier. Cancellations are posted on day that the complete cancellation documents are received by Where2Next? Travel, LLC so long as they are received before 5:00 p.m. Eastern Time on a business day. All other cancellations will be posted on the next business day. Example: If a fax is received at 10:00 pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email when processed.
Travel Protection: Travel insurance protection is STRONGLY RECOMMENDED. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection 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. Where2Next? Travel, LLC is limited to advising you of the need for such coverage. By declining travel protection, 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 protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection. We urge you to read your 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 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 of your travel protection policy. Where2Next? Travel, LLC 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 your claim with Where2Next? Travel, LLC due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Where2Next? Travel, LLC cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that Where2Next? Travel, LLC has no control over the travel insurance provider or its coverage decisions, and as a result, Where2Next? Travel, LLC is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
Agent / Intermediary: Where2Next? Travel, LLC is simply an intermediary between the Suppliers and the public. Where2Next? Travel, LLC does not own, operate, manage, maintain or control any of, 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 Passenger(s)’ trip. Passenger(s) acknowledge and agree that Where2Next? Travel, LLC shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) 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 Where2Next? travel, LLC 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. Passenger(s) acknowledge and agree that Where2Next? Travel, LLC is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Where2Next? Travel, LLC is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip. Where2Next? Travel, LLC recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to Where2Next? Travel, LLC at the time of reservation upon initial booking so Where2Next? Travel, LLC can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that Where2Next? Travel, LLC shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition. While Where2Next? Travel, LLC prides itself on selecting top 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. Passenger(s) acknowledge and agree that Where2Next? Travel, LLC shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall Where2Next? Travel, LLC 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 Passenger 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.
Limitation of Liability: Without limitation, Passenger(s) assume the risk of, and agree that Where2Next? Travel, LLC 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, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, pandemic, 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.
Mandatory Arbitration / Forum / Choice of Law: The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Georgia. The Parties agree that the arbitration shall take place in Fulton County, Georgia and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against Where2Next? Travel, LLC. If Passenger(s) fails to submit their claim to arbitration and instead files suit, Where2Next? Travel, LLC shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and Where2Next? Travel, LLC agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
Charter Trips: If your package trip involves a charter flight, or if your vacation involves an air-only charter flight, federal regulations require that you also sign the charter operator's Participant Agreement, which will be mailed to you. It is extremely important that you realize that, for charters:
a. Departure times (both going and returning) can change at the last minute. These delays legally can be as much as 48 hours (approximately two (2) days late).
b. Your flight may be advertised as non-stop; however, the operator may legally change the routing and make intermediate stops at the last minute.
c. The charter operator may legally-substitute types of aircraft and even airline at the last minute. Charter aircraft are generally not as comfortable as the scheduled aircraft.
d. The charter operator generally takes no responsibility for baggage. It is not unusual for baggage to be misplaced.
e. Charter trips have very stiff cancellation penalties. No one plans a trip with the idea of canceling; sometimes, however, that becomes necessary and you must understand what to expect or not to expect in the way of refunds.
f. Usually, no frequent flyer miles are accrued.
g. Advance seat assignments are frequently not available.
17. Final Payment: For all vacation trips, you must have made full payment before we release the tickets or documents.
18. Non-Use of Coupons: In the event that you purchase a ticket or tickets containing flight coupons that you may or may not use, we do not guarantee that the airline will honor the ticket or tickets, and you agree to indemnify us against airline claims for the difference between the full fare for your actual itinerary and the value of the ticket that you purchased.
19. Foreign Currency: Currency rates quoted on this website (if any) are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary.
20. Information on Website: You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information on this website for commercial purposes. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by us and/or our suppliers. Any software that is on this website, including HTML codes and software made available to download from this website (“Software”), is our copyrighted work or the copyrighted work of our suppliers or licensors. “When you're ready - we'll start planning.™” and “Helping you see the WORLD, one experience at a time.®” are our trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners.
21. Power of Attorney: As our client, you hereby appoint the us to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, and hotel guarantees for late arrival. You authorize any of the attorneys-in-fact to sign credit card authorizations for said purchases whenever any of them receives an Internet booking request reasonably believed to be from you or someone acting on your behalf, requesting those tickets be charged to this credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney.
22. Exclusive Jurisdiction: All suits in connection with, or incident to, this Agreement shall be litigated, if at all, in the courts of the United States of America, State of Georgia, Fulton County, to the exclusion other courts of any other state.
23. NO WARRANTIES: THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE UNINTERRUPTED OR IN AN ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
24. NO CONSEQUENTIAL DAMAGES: IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.