LEGAL DISCLAIMER
The booking customer hereinafter referred to as "the Customer", by accepting this receipt or making payment on behalf of another booking traveler “the Traveler”, acknowledges that they have been advised of, reviewed, and hereby accept these Terms and Conditions and contract for travel related services (“Agreement”).
Fit4Travel, LLC hereinafter referred to as "the Company", is acting as a mere agent for suppliers in selling travel-related accepting services, or in accepting reservations or bookings for services that are not directly supplied by the Company (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). The Company, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury, or death to the Traveler, Customer, Travelers' companions or group members. Unless the term "guaranteed" is specifically stated in writing on your tickets, invoice, or reservation itinerary, the Company does not guarantee any of such supplier's rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Traveler and Customer have done due diligence, are aware of the quality of the hotel accommodations chosen, and agree that the Company will not be responsible if they are not satisfied.
Traveler and Customer assumes complete and full responsibility for, and hereby releases the Company from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that North American Citizens traveling internationally, do so with a valid Passport that does not expire within six (6) months of your return travel date. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the US State Department, or Government of Canada Travel and Tourism Department. For medical information, please refer to the U.S. Centers for Disease Control (CDC).
The Company reserves the right to terminate a Traveler and Customer booking made through the Company without notice if Traveler and/or Customer should (in the Company’s sole discretion) engage in “Bad Behavior,” defined as follows: Traveler and/or Customer engages in illegal, immoral, or criminal conduct resulting in a felony conviction; misrepresent or conceal anything in your background that could be detrimental to the value of the trip being made; engage in conduct contrary to the brand representation of the Company or the wellness professional or wellness enthusiast leading the group retreat (“Retreat Leader”).
The Company shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, pandemic, local laws, terrorist acts, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a tour), during, and after a tour, or any other actions, omissions, or conditions outside of the Company’s control.
If travel plans are delayed or canceled for any reason there will be no refunds issued by the Company, except in those circumstances where the Company has issued its own schedule of cancellation, applicable to all or a portion of the services provided in a booking (whenever such a schedule is issued, it will specifically indicate which trip component(s) it is issued for and it will apply only to the specific trip component(s) indicated). Please note that a ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a hotel night, a multi-day adventure vacation by a tour operator, an activity or entrance fee ticket, all of which may be subject to a different set of cancellation policies). You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but the Company is not responsible for this policy distribution. Traveler and Customer are responsible for obtaining the applicable policies, either by contacting the Company and requesting a copy (if available, otherwise it will be by verbal delivery). No refund(s) will be issued for cancellations due to actual or threatened terrorist events. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, pandemic, political or other similar events. If these events make it illegal or impossible or commercially impactable for the Company or its in destination suppliers and vendors (“Suppliers and Vendors”) to perform as originally contracted under the Agreement, such termination or suspension will result in refunds issued to the Traveler and/or Customer less any money due to the Suppliers or Vendors for services already provided or less any money due to the Suppliers or Vendors issued as a non-refundable payments.
It is the Customer and Traveler’s responsibility to protect his/her/their booking reservation and Travel Insurance is strongly recommended. The Traveler and Customer is advised to obtain appropriate insurance coverage against these risks; information is available through the Company regarding Travel Insurance. Customer and Traveler's retention of tickets, airline tickets, activities, events, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her/their part to convey the contents hereto to his/her/their travel companions or group members.
By embarking upon his/her/their travel, the Travel or Customer voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler and Customer are hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency. The traveler also assumes all risks for any participation in a nominal risk or high-risk activity including but not limited to ziplining, SUP, kayaking, swimming, snorkeling, rafting, paddle boarding, biking, e-biking, hiking, yoga, fitness related activities, hang and paragliding, and mountain climbing or any other adventure activity. The traveler assumes all responsibility to be in proper physical and medical condition to participate in any sport which is included in the tour. Traveler understands the risks associated with said referenced activities and agrees that he/she/they is properly certified as necessitated by the sport and has prior experience to understand risks and participate in the activity.
The Traveler and Customer acknowledges that he/she/they have been made aware of the benefits and available purchase of Travel Insurance. The Traveler and Customer also hereby agrees to the Travel Insurance Refusal form (available from the Company on request) should he/she/they for some reason wish to not to purchase Travel Insurance.
The Company desires to maintain friendly relationships with its Suppliers and Vendors. In order to provide for a mutually beneficial relationship, the Company has established an alternative mediation program in the event of a misunderstanding or dispute between the Company and the aforementioned.
If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration commenced exclusively in the courts of the State of Florida located in Broward County. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. Both parties to agree to the submission of the dispute to a mutually acceptable dispute resolution service.
The issuance of any tickets, reservations, or bookings by the Company is done on the express condition that: 1. the Company shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. the Company shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.
The Customer or Traveler initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her/their behalf and on behalf of his/her/their companions, to the above. Nothing agreed to herein by the customer is meant to interfere with the customer's legal rights against any carrier(s) or supplier(s) of services.
The payment of the required deposit or any partial or full payment for a reservation on the chosen tour/package shall constitute consent to all provisions of this Terms & Conditions document, as well as all provisions contained in any trip descriptions, and/or itineraries, or other forms of collateral provided to the client in conjunction with a booking reservation. These provisions are hereby incorporated by reference in this Disclosure Notice, and the Customer and Traveler are advised to take note of them.
The Company is acting as a mere agent for Vendors and Suppliers as stated above and its agents, servants, and employees, shall not be responsible for personal injury or property damage, loss or delay, or change of itinerary incurred by any person or tour participant arising out of the act of negligence of any direct or supplemental air carrier or other person or entity engaged in transporting the passenger, hotel or other person rendering any of these services, or accommodations being offered in these tours; nor shall the Company be responsible for any injuries, death, damages, loss, or delay in any means of transportation or by reason of any event beyond the actual control of the Company or of any agent or supplier or due to force majeure. The right is reserved to decline or accept or to retain any person as a member of a trip; change a trip from ‘escorted/guided’ by the Company, to ‘partially escorted/guided’ by the Company or by a replacement escort, to ‘unescorted’ by the Company or by a replacement escort, should circumstances preclude the designated the Company escort or replacement escort from accompanying the trip for whatever reason; or to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of the Company.
If the contract between the Company and the Customer or Traveler, on the one hand, and/or the contract between the Company and the designated carrier, on the other hand, is canceled by a Supplier or Vendor for any reason whatsoever, all partial or full payments made for the trip will be refunded in their entirety, without any further obligation on the part of the Vendor or Supplier. All group reservations and pricing are based on a minimum of ten (10) paying Customers or Travelers. Should a Retreat Leader group cancellation occur due to having less than ten (10) paying Customers or Travelers, Customers or Travelers payment will be used as a credit for a later trip or Customer and Travelers deposit will be refunded minus any credit card fees incurred.
The right is reserved to substitute hotels of similar category (if available) or change activities, tours, meals, and schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of the Company, no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by the Customer or Traveler. The Company reserves the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used, and shall be made at the sole discretion of the Company. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates, and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the trip reservations and details from accompanying this disclosure notice.
The Company Branded Group Wellness Retreat Land Booking and Cancellation Terms
Land Package Deposit Payment
A $500 non-refundable deposit is due with your land only reservation. A $750 non-refundable deposit is due with your ocean, river, or small ship cruise reservation.
For the Galapagos, the Dolomites, Kenya Safari(s), South Africa Safari(s), Exploring Peru and Hiking the Inca Trail, and Tanzania Safari(s), a non-refundable $750 deposit is required for your land only reservation.
For Uganda Gorilla Trekking Safari(s), a non-refundable $1,500 deposit is required for your land only reservation to cover additional permits and/or park fees.
Deposit is due at minimum 180 days prior to departure. Should deposit not be made prior to 180 days prior to departure, trip pricing and availability is subject to change.
Final Payment
Unless otherwise noted, the final balance is due 90 days prior to departure on all tours, except cruises, and Uganda in which final payment is due 120 days prior to departure. Payment can be made online or by calling a the Company concierge or travel advisor.
Revision Fees
A handling fee of $25.00 per transaction will be assessed for any change or revision made to a reservation. A change of departure date within 6 months of departure will be treated as a cancellation, and cancellation charges will apply.
Cancellation Charges
Cancellations of confirmed bookings and transfers to new travel dates both result in penalties and fees assessed by travel suppliers. If you need to transfer or cancel a reservation for any reason prior to departure, the following cancellation fees will be assessed on the Customer or Traveler land or cruise product.
More than 120 days prior to departure, a non-refundable deposit will be retained.
120 – 90 days prior to departure: 40% of land or cruise price
89 – 60 days prior to departure: 60% of land or cruise price
59 - 30 days prior to departure: 80% of land or cruise price
100% penalty of land or cruise price if cancellation made less than 30 days prior to arrival
Croatia Small Ship Cruise and Uganda Gorilla Trekking Safari(s):
More than 180 days prior to departure, a non-refundable deposit will be retained.
180 – 150 days prior to departure: 40% of land or cruise price
149 – 120 days prior to departure: 60% of land or cruise price
119 – 60 days prior to departure: 80% of land or cruise price
100% penalty of land or cruise price if cancellation made less than 60 days prior to arrival
The Company Pre or Post Night Accommodation Booking and Cancellation Terms
Booking Confirmation and Cancellation
Customer or Traveler agrees to pay in full upon receiving confirmation of any pre or post night accommodation request made through the Company. Requests are confirmed on a case by case basis and are subject to availability. Should the Customer or Traveler cancel his/her/their reservation, any pre-night or post-night cancelation will be penalized at 100%.
The Company Private Airport Transfers Booking and Cancellation Terms
Booking Confirmation and Cancellation
Customer or Traveler agrees to pay in full upon receiving confirmation of any additional private arrival or departure airport transfer request made through the Company. Requests are confirmed on a case-by-case basis and are subject to availability. Should the Customer or Traveler cancel his/her/their reservation, any additional private arrival or departure airport transfer request cancelation will be penalized at 100%.
The Company Airfare Booking and Cancellation Terms
Booking Accuracy/Legal Names
For any airfare booking made through the Company, Customer or Traveler is required to review all aspects of their booking within 12 hours of confirmation receipt to verify the following (but not limited to) information:
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 the Company immediately if any omissions and/or corrections are needed regarding the booking details. Customers and Traveler voluntarily assume full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Customers and Travelers are required to verify the accuracy of the customer’s LEGAL first & last names as they appear on passports prior to any booking holds or payment. It is mandatory that guest names be identical to the customer’s LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Travel Documents
Customer and Traveler assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. The Company requires passports to be valid for at least 6 months beyond the date of return travel. Customer and Travel assumes sole responsibility for, and hereby releases the seller of travel from any claims or responsibility for any and all damages incurred as a result of customer’s failure to comply with applicable documentation requirements, including but not limited to, the requirement that all customers procure, and have on their person the proper travel documents at all times.
The Company recommends the Customer or Travel to consult with the appropriate domestic and foreign governmental agencies for the current travel document requirements.
Airfare
Airline tickets are generally highly restrictive, non-refundable, and non-transferable. Voluntary modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will be subject to a change fee. Customer or Traveler is responsible for any such fees. With regard to the purchase of air tickets, the Comapny and any associated companies act only as an intermediary between you and the airline.
Once you book a reservation through the Company, your credit card or debit card may be charged for the full cost quoted, regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings. Seat assignments are subject to the airline's policies and may not be confirmed until you are at the airport on the day of departure. Airline tickets booked through the Company may not be eligible to earn frequent flyer miles.
The Customer or Traveler agrees to confirm all bookings with the airline prior to the stated date of departure. The Company recommends Customer or Traveler confirming details to his/her/their flight at least seventy two (72) hours prior to departure.
Airfare Payment
If an air reservation is made by the Company, full payment may be required for the Customer or Travelers airfare at the time of booking. Airline-imposed penalties may be up to 100% of the air ticket price and are imposed directly by the airline. On receipt of full air payment your airfare, taxes, and fuel surcharges are final. Prior to full payment of the Customer or Travelers airfare, base fare, taxes, and fuel surcharges are subject to change and are imposed directly by the airline. Reservations that require full payment upon booking intra-air domestic or international travel are 100% non-refundable.
Changes to flight itineraries and name changes and/or corrections after time of ticketing may either not be allowed or may result in penalties charged by the airline. Any fees or penalties that result from these changes are wholly the Travelers or Customer’s fiscal responsibility.
Airlines (and other travel providers including the Company) change prices and routes from time to time. All air routings are in the sole control of the airline and are subject to change at any time.
Revision Fees
After deposit or full payment has been received, changes or cancellations incur a minimum service fee of $75 per person, in addition to any airline penalties, service fee will be reduced to a minimum $50 fee per person if the air ticket has not been issued prior to cancellation, in addition to any airline penalties. Airline imposed penalties may be up to 100% of the air ticket price.
Failing to appear on-time for any ticketed flights, arriving after check-in has been closed by the carrier, or any delay which causes the customer to be unable to board their flight, whether through their own fault or through circumstances outside of their control, will be considered a “no-show.” Upon being marked as a no-show by the airline, ALL following flights on the Traveler and Customer’s ticket will be automatically canceled by the airline and the paid ticket will have no value. No refund is available for no-show flights through either the Company or the airline, any amounts paid to the airline or the Company for the ticket are wholly forfeited by the customer.
Company Airfare Booking and Cancellation Terms
The Company is not responsible in any way if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air directly through the Company or one of its Vendor(s), Supplier(s), third party airfare booking platforms (“Air Advisor or Concierge Services”), the Company will try and assist in making new arrangements providing you have not already checked in with your airline for your flight segment. After the check-in process is complete, Traveler and Customer must work with the airline directly to reach your destination or to make any alternate arrangements including amendments to return services. Please be aware airline fees often apply for voluntary modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request and/or reticketing. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by the Company for portions of trips missed due to canceled, rescheduled or delayed flights after airport check-in, nor is the Company responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
For airfare purchased through the Company, if any air schedule requires an overnight stay in a gateway city, the booking and hotel cost of the overnight stay (including but not limited to hotel and meals) is at the Customer or Travelers own expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time.
Airline Delays, Cancellations, and Missed Connections Leading to Forfeited Company Products or Services
The Company will not be liable for any loss affecting the Traveler and Customer’s trip due to airline changes which include but are not limited to flight delays, flight cancelations, or missed connections. Traveler and Customers are wholly responsible for advising the company immediately regarding schedule changes, whether voluntary or involuntary, as airline changes, cancellations, and delays may affect other scheduled portions of his/her/their trip. The Company is not responsible for any additional costs in rescheduling planned tours, hotel accommodation(s), transfers, etc., as a result of such airline changes, cancellations or delays.
In the event that the Customer or Traveler's flight is delayed or canceled, resulting in the Customer or Traveler missing the included group transfer, the Company will make all reasonable efforts to ensure that a separate private transfer is arranged as scheduled, taking into account the Traveler and/or Customer's flight details and other relevant information provided by the Traveler and/or Customer.
The Customer and/or Traveler will be responsible for any additional costs incurred for the private transfer and the Company shall not be held liable for any expenses, losses, or damages incurred by the Customer or Traveler due to flight delays or cancelations beyond its control.
The Customer or Traveler acknowledges that it is her/her/their responsibility to notify the Company immediately of any flight delays or cancelations affecting the included scheduled transfer.
The Customer or Traveler agrees to provide accurate and up-to-date flight information to the Company at the time of booking or as soon as it becomes available. Any costs incurred by the Company for rescheduling or arranging a private transfer due to flight delays or cancelations shall be borne by the Customer and/or Traveler and this additional cost will be invoiced to his/her/their existing reservation accordingly.
The Customer and/or Traveler understands that the availability of alternative private transfer options may be subject to the availability of vehicles and drivers and will result in additional charges. The Customer and/or Traveler agrees to comply with any additional terms and conditions imposed by the private transfer service provider.
The Customer and/or Traveler acknowledges that the private transfer service is provided by a third-party service provider, and the Company shall not be held liable for any acts, omissions, or negligence of the service provider. The Customer and/or Traveler is responsible for any loss or damage caused to the private transfer vehicle or any belongings during the transfer and shall be liable for any associated costs. The Customer and/or Traveler agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising from the Customer and/or Traveler's use of the private transfer service.
Acknowledgment and Agreement
I, the Customer or Traveler acknowledge that I have carefully read the above paragraphs, including the information regarding cancellations and refunds, and fully agree to all stated conditions therein. The Customer and Traveler do hereby expressly agree to forever release, discharge and hold the Company and its agents, employees, officers, directors, associates, suppliers, affiliated companies, and subcontractors harmless against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which the Customer and Traveler now have or which may hereafter arise out of or in connection with his/her/their trip or participation in any activities arranged for them by the Company and its agents, employees, associates, ambassadors, suppliers, affiliated companies, or subcontractors. The terms of this Agreement shall serve as a complete release and express assumption of risk for myself, my heirs, assignee's, administrators, executors, and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences of this release and assumption of risk, and I hereby agree to all of its conditions. I further agree that any legal dispute involving these travel services is subject to the alternative dispute resolution clause herein but that in the event that any legal action shall necessitate the use of a court(s) the action shall be heard only by the courts of Broward County, Florida, USA. I acknowledge that in calculating the cost of the tour or trip, the Company has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, the Company would be unable to offer these services to me. I fully understand that this is a legally binding and enforceable contract and acknowledge it with my own free will. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.