In consideration of utilizing the travel booking services of Magnolia Consulting of North Carolina, Inc. dba TouringPlans.com (“TouringPlans.com”), “you” (which refers to the customer requesting a reservation through us) agree to all of the terms and conditions set forth in this Travel Participant Agreement (this “Agreement”). All bookings you book through us are subject to this Agreement as it exists at the time of the booking.
- Warranties. You warrant that you are at least 18 years old and possess the legal authority to enter into this Agreement. You warrant that all of the information you or members of your group have provided to TouringPlans.com is true and accurate. The Transportation Security Administration (TSA) requires a government issued identification card to board a flight that must match the details on your plane ticket. If traveling internationally, you must have a valid passport and some destinations may require a visa. You are responsible for compliance with all visa requirements. Passports must be valid for at least six months from the return date of the trip.
- Release of Liability and Assumption of Risk.
- You have been made aware of the highly contagious nature of certain bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (collectively, the “Disease”) and the risk that you may be exposed to or contract the Disease as a result of travel booked by TouringPlans.com. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of TouringPlans.com or others. You understand that TouringPlans.com cannot guarantee that you or members of your group will not become infected with the Disease while traveling and that traveling may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ENGAGING IN TRAVEL WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM ENGAGING IN TRAVEL, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TOURINGPLANS.COM OR OTHERWISE.
- You hereby expressly waive and release any and all claims, now known or hereafter known, against the TouringPlans.com, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to engaging in travel and being exposed to or contracting the Disease, whether arising out of the ordinary negligence of TouringPlans.com or any Releasees or otherwise. You covenant not to make or bring any such claim against TouringPlans.com or any other Releasee, and forever release and discharge TouringPlans.com and all other Releasees from liability under such claims. This waiver and release does not extend to claims that applicable state law does not permit to be released by agreement.
- You are familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease.
- You acknowledge and understand that TouringPlans.com acts only as a travel booking agent and is not responsible for the acts or omissions of other parties. All travel booked by TouringPlans.com is offered by travel suppliers (“Suppliers”) who are independent of and not affiliated with TouringPlans.com. TouringPlans.com accepts no responsibility for any actions or omissions of any Supplier and disclaims liability for actual, incidental, or consequential damages caused by any Supplier. You agree to hold TouringPlans.com, its agents, and affiliates harmless for any acts or omissions of any Supplier. While TouringPlans.com may recommend certain components of your travel, you understand that you alone are ultimately responsible for making travel decisions.
- You acknowledge and understand that it is your responsibility to review the itinerary, invoice and travel documents for accuracy upon receipt. You acknowledge and understand that any modifications to your reservations could requirement payment of additional fees related to costs, change fees and cancellation penalties.
- You acknowledge and understand that it is your responsibility to become informed about the most current travel advisories, warnings and restrictions, for both domestic and international travel. TouringPlans.com recommends checking for government advisories that may be in effect at any location in your travel, including advisories issued by the U.S. State Department (available at www.travel.state.gov) and the Center for Disease Control (available at www.cdc.gov/travel).
- You acknowledge and understand that TouringPlans.com recommends that all travelers procure travel insurance and consult with their insurance providers about the different type of coverage available for travel medical and evacuation, baggage delay and loss and trip or flight cancellation.
- You acknowledge and understand that your travel plans could include air transportation with a code share carrier. If not already disclosed on trip booking, the carrier details with codeshare partners will be assigned and disclosed at a later date.
- Credit Card Authorization. You authorize TouringPlans.com to charge your credit card to purchase the agreed upon travel arrangements. You also agree to allow TouringPlans.com to use this card for additional amounts and final payments for the agreed upon travel arrangements.
- Refunds. All refunds are subject to the policies of the travel Supplier. TouringPlans.com will refund any amounts obtained from the Supplier to you within 30 days of receipt.
- Cancellations. All cancellations are subject to the policies of the travel Supplier. TouringPlans.com will refund any amounts obtained from the Supplier to you within 30 days of receipt.
- Sole Agreement and Severability. This Agreement constitutes the sole and entire agreement of TouringPlans.com and you with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of TouringPlans.com and their respective successors and assigns.
- Agreement to Arbitrate. You agree to settle any controversy or claim arising out of or relating to this Agreement, or breach thereof, or the services provided by TouringPlans.com by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules conducted in Osceola County, Florida, and applying substantive rules of the state of Florida without giving to any choice or conflict of law provision or rule.
- Seller of Travel Registrations.
TouringPlans is registered with the State of Florida as a Seller of Travel. Registration No. ST42588.
TouringPlans is registered with the State of California as a Seller of Travel. Registration No. 2144263-50. This does not mean approval by the State, but means that TouringPlans has a Bond with the State.
TouringPlans is registered with the State of Washington as a Seller of Travel. Registration No. 56-2054229.