TERMS & CONDITIONS

AGREEMENT REGARDING
TERMS AND CONDITIONS OF SALE AND WEBSITE USE
Updated September 23, 2017

PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR THE AGENCY’ SERVICES.

Access to and use of the services of Tiffany Bynum doing business as Violet Clover Travel Group, vctravelgroup.com, and violetclovertravelgroup.com, herein referred to as The Agency is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through The Agency, you, the purchaser and/or traveler, herein referred to as Passenger, You or Your, agree to be bound by these terms. It is the sole responsibility of The Client to inform all other parties traveling of the contents of these terms and conditions. The Client, by accepting this receipt and making payment to the agency, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.

VIOLET CLOVER TRAVEL TRIP PLANNING FEE

The Trip Planning Fee is a non-refundable and non-transferable fee. This fee is a separate from the total trip cost and must be paid prior to a Travel Consultant beginning any research, booking or consulting services. The Trip Planning Fee Services including custom itinerary, flights, hotels, excursions, and support before and during travel.

With each Trip Planning Fee, the client will receive 3 proposals for the same destination and desired travel dates.

  • Group Travel (5 rooms or more)  – $75 Trip Planning Fee
  • Custom Vacation Planning (10 days or more of travel) – $100 Trip Planning Fee
  • Destination Wedding – $150 Trip Planning Fee
  • Air Only – $50 per ticket

VIOLET CLOVER TRAVEL PLAN TO GO DEPOSIT

Violet Clover Travel Group require a Plan To Go Deposit for cruise vacations and all-inclusive resorts with four (4) rooms or less. The Plan To Go Deposit is a non-refundable and non-transferable deposit, but 100% applied towards your balance when you book with Violet Clover Travel Group. This deposit is a separate from the total trip cost and must be paid prior to a Travel Consultant beginning any research, booking or consulting services. With each Plan To Go Deposit, the client will receive 3 proposals for the same destination and desired travel dates.

  • Plan To Go Deposit – $25 per Trip

BOOKING ACCURACY/LEGAL NAMES

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 The Agency immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for 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.

REQUIRED IDENTIFICATION

Photo identification is required for all travel. Passports are required for international travel and some countries require a visa. Passengers will not be permitted to depart without the proper identification. 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 The Agency from any claims or responsibility for all damages incurred because of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times. The Agency recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.

PRICING

Prices and availability quoted by The Agency are not guaranteed until deposit is fully paid and confirmation is sent. Pricing and availability may change without notice. Passenger agrees that The Agency 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 the agency responsible for any errors or omissions that may occur because 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 The Agency harmless for any actions or damages arising from Supplier pricing. The Agency 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.

PAYMENTS

The Agency accepts Visa, American Express, Discover, MasterCard. We also accept money orders by mail. Payments made by money order must be received at least 10 business days before final payment is due. Money orders must be made payable to Violet Clover Travel Group.

The Agency holds reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by the agency 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 The Agency harmless for cancellation of any booking for either late payment or declination of a credit card.

AUTHORIZED INSTALLMENT PAYMENTS

For your convenience, you can authorize up to ten (10) future payments. If Violet Clover Travel Group is unable to make your installment payment, you will be notified via email that the payment attempt was unsuccessful. Unsuccessful payment attempts will incur a fee of $25.00 each. This fee must be paid prior to Violet Clover Travel Group making another attempt to process your payment. You will receive a payment link in the unsuccessful payment attempt email. If you need to submit a new form of payment, complete a new credit card authorization agreement no later than 5 days PRIOR to your next payment due date.

Please note that installment payments are only drafted on the 1st, 15th and/or the 28th of every month, unless otherwise noted on your payment schedule.

CHANGE FEES

If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Due to Vendor(s) policy(ies) or time restraint(s), certain bookings may not be changed. Administrative charges of $25 or more per change/per person are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be sent via email to The Agency. Changes will not be processed until the $25 administrative charges have been received.

CANCELLATIONS

Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption in accordance with each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for.

All cancellation requests must be sent to The Agency in the form of an email. Because of cancellation, The Agency and third-party supplier’s cancellation penalties will apply. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact The Agency.

The Agency charges a minimum fee of $100.00 per person for all cancelled vacation packages and up to 10% of the total value of the package. This fee is not covered under any purchased travel insurance and is separate from charges incurred from the airline and hotel due to cancellation. Unless otherwise noted, cancellations will not be processed until The Agency receives the cancellation fee.

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. The Agency 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.

TRAVEL DOCUMENTS

Once received by The Agency, travel documents are hand delivered locally or electronically. Otherwise, they are sent via US Postal Services, UPS or FedEx. For late bookings and rebooking, or if expedited delivery of documents is necessary, a $25 shipping fee will apply. We check all documents prior to delivery; please check your documents to confirm accuracy of all information. Call us immediately at (216) 236 – 8450 if any errors are found. Tickets and vouchers are negotiable instruments – keep them in a safe place always. Lost, stolen, or destroyed tickets/vouchers cannot be replaced or refunded.

AIRLINE CONFIRMATION, CHECK-IN, SEAT ASSIGNMENTS, MISSED FLIGHTS

It is important that you confirm your flights with the airline prior to departure: 24 hours in advance for domestic flights, and 72 hours in advance for international flights. Failure to confirm international flights or failure to use any portion of an airline reservation may result in automatic cancellation by the airline for all continuing and return flights. Familiarize yourself with your airline’s policies and requirements before booking. Unless stated otherwise by the airlines, it is important to arrive at the airport at least 2 hours prior to departure for domestic flights and 3 hours prior to departure for international flights. Late arrival at the airport can result in loss of assigned seats or denial of boarding. Denial of boarding is not eligible for refund or travel insurance reimbursement. Airfare rebooking is subject to airline penalties, rebooking fees, plus any cost difference of the new flight. Seat assignments are subject to change by the airline without notice.

SUPPLIER TERMS AND CONDITIONS

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by supplier, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in The Agency debiting your account for any costs The Agency incurs because of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by The Agency.

AGENT / INTERMEDIARY

The Agency is simply an intermediary between the Suppliers and the public. The Agency does not own or operate 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 The Agency 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 The Agency 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 The Agency is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. The Agency is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.

The Agency recommends that all Passengers be in good physical and mental health and have medical approval to travel. The Agency advises pregnant women to consult their doctors before making any reservation, to confirm that it is appropriate for them participate in the Trip. You agree that The Agency will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances. If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. The Agency makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.  The Agency has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that The Agency shall be held harmless for all claims relating to Supplier rejection relating to mental or physical condition.

While The Agency 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 The Agency shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier.  In no event shall The Agency 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 The Agency 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, 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.

All prices are thought to be accurate, available, and current. The information, products, and services may include inaccuracies or typographical errors. The Agency does not guarantee the accuracy of, and disclaims liability for inaccuracies, including by not limited to the price, information, and description of the products and services described on this website.

The Agency is not liable for any errors made by the client creating their own bookings online. By booking online clients take full responsibility for any errors that may occur (name misspellings, incorrect travel dates, etc.).

The Agency is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier, or personal injuries, death, property damage or other damages or expenses resulting from causes outside of the control of The Agency.

The Agency shall not be responsible for travel delays or cancellations or any illness, death, injury, damage or loss of vacation time arising there from.

The Agency shall not be responsible changes to cruise ports of call or itineraries due to mechanical, weather, or world events beyond our control are at the sole discretion of the cruise line and may occur without notice. Any applicable compensation resulting from such occurrences is also at the sole discretion of the supplier.

The Agency shall not be liable for any injuries, damages, or losses incurred by the traveler in connection with, or by supplier employees or contractors, terrorist activities, social or labor unrest, mechanical or construction failures, or difficulties, diseases, local laws, climatic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside of the control of The Agency.

The Traveler assume the complete and full responsibility for checking and verifying any and all passport, visa, inoculations, or other entry requirements for each destination as well as re-entry into the U.S., and all safety or security conditions at such destinations, in connection with the proposed travel. For information concerning possible dangers at international destinations, check the Travel Advisory Section of the U.S. Department of State website.

MODIFICATION OF TERMS AND CONDITIONS

The Terms and Conditions may be amended or modified by The Agency at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making every booking, particularly to ensure what provisions are in operation in case they have changed since the last time an order was placed by you. Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with The Agency.  Without this acceptance, any order is subject to cancellation at any time. The failure of The Agency to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. The Agency does not guarantee it will act against all breaches of this these Terms and Conditions.

No alterations to these terms and conditions may be made by any employee, independent contractor, authorized representative, or agent, unless in writing by an authorized officer of The Agency.

SEVERABILITY

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

MANDATORY ARBITRATION / FORUM / CHOICE OF LAW

The Parties hereby agree that 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 Ohio. The Parties agree that the arbitration shall take place in Medina County, Ohio 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 The Agency. If Passenger(s) fails to submit their claim to arbitration and instead files suit, The Agency 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 The Agency agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.

By accepting The Agency’s Terms and Conditions, you are agreeing to conduct transactions by electronic means.

The Agency Website Privacy Policy, E-SIGN and UETA Disclosure and Consent Agreement and all regulatory notices, to which links are provided on the Website, are incorporated in and made a part of this Agreement.