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Please thoroughly review the Terms and Conditions of Texas Girl Travel, LLC. dba Texas Girl Travel and the website www.TexasGirlTravel.com, herein referred to as Texas Girl Travel. A fully independent travel agency.
We at Texas Girl Travel strive to bring you the best travel experience. The following terms and conditions apply to all travel products and services purchased. Please review these terms in detail as by purchasing any travel product or service, you are bound by the terms set forth in this agreement.
DEFINITIONS
"Affinity Group" refers to passenger-led travel groups.
"Deposit" refers to the amount paid to Texas Girl Travel to reserve the passenger's vacation.
"Final Payment" or "Final Payment Date" refers to the date the vacation must be paid in full.
"Sponsored Group" refers to groups led by Texas Girl Travel or their representatives, shareholders, directors, officers, employees, affiliates, officers, agents, independent contractors, successors, and assigns.
"Travel Proposal" refers to the complete travel itinerary, with associated policies as well as terms & conditions, proposed and agreed to by passenger after a request for travel services; or, the itinerary proposed by Travel Agent for Texas Girl Travel sponsored travel.
"You", "Your", "Passenger(s)", "Parties", refers to you, the traveler, and all individuals in your traveling party.
PASSENGER AGREEMENT
Texas Girl Travel will work with you to provide a memorable travel experience. Texas Girl Travel does not directly provide travel services; rather we partner with various tour operators and travel providers to bring that experience to you. As the passenger, you understand that Texas Girl Travel acts as an intermediary between you, the passenger, and third-party suppliers.
By submitting a deposit or payment, you:
TRAVELERS
Texas Girl Travel serves clients within the United States, excluding residents of the following states CA, FL, HA, IA, and WA. Residents of these states may accompany residents of other states in their travel arrangements. Clients must be 18 years of age or older to purchase travel services. Any travelers under the age of 18 must be accompanied by a parent or guardian 18 years of age or over. If a traveler is not traveling with a parent, the airline/resort may require parental consent via a notarized letter from the parent allowing the child to travel with the guardian. Please reference the U.S. State Department website and your state laws regarding the travel of minors under the age of 16.
REQUIRED IDENTIFICATION
We at Texas Girl Travel strive to make this process as smooth and easy as possible. To do so, there are certain documents you need to ensure a safe and uneventful travel experience. Please see below regarding the required documentation for you to travel. Texas Girl Travel is not responsible for any travel issues, denial of travel, or increased costs due to the passenger not having the correct documentation.
Domestic travel: If you are traveling within the United States or any of its territories via air or cruise, a valid state-issued identification or valid passport is required. The state-issued identification can be a driver's license or state photo identification card. This identification should be part of the Real ID program. If it is not, a valid passport would be required. For more information on the Real ID program, please go to the US Department of Homeland Security's website at https://www.dhs.gov/real-id
International travel & cruises: A passport is required to travel internationally or via a non-closed loop cruise originating in the United States. Generally, the passport should not expire within six (6) months after the travel departure date and should have at least two (2) blank pages. Children need to have valid passports as well. For more information, please go to the US Department of State website at www.travel.state.gov . If traveling on a closed-loop cruise originating at a United States port, a valid state-issued identification card and a U.S. birth certificate will be accepted. However, Texas Girl Travel strongly recommends that a passport be obtained and used to cruise.
Non-United States Passport Holders: If you hold a passport that is not issued by the United States, please check with your issuing country or consulate regarding the rules of travel and entry prior to securing travel accommodations. Texas Girl Travel is not responsible for the denial of travel or entry of those with foreign passports.
PAYMENTS, CHANGES & CANCELLATION
Payments: Texas Girl Travel only accepts payments in United States Dollars. Payments can be made via bank draft, major debit, and credit cards. Accepted cards are Mastercard, Visa, Discover, and American Express. The credit or debit card should be in the name of the lead passenger or submitted by another party on the passenger list for that booking. Alternate forms of payment may be accepted only with the expressed permission of Texas Girl Travel. If alternate payment forms are required, please contact Texas Girl Travel at travelinfo@texasgirltravel.com
Deposit: All payments are NON-REFUNDABLE. Travel reservations are not confirmed until a deposit is made. Your travel proposal will reflect the amount needed to confirm your vacation. Unless stated otherwise, prices may fluctuate between the time a quote is rendered and when the deposit requirements are paid in full.
Payment plans: We are pleased to offer, for your convenience, a monthly payment plan for your travel plans. No payment plan is available for reservations made sixty (60) days or less from the date of travel. 3rd Party financing is available upon request.
Final payment: Reserved travel plans must be paid in full on or before the final payment date specified. Your travel proposal/itinerary/invoice will state the date that your final payment is due. Any reservations not paid in full on or before your final payment date is subject to cancellation, with no notice and no refund of payments made.
Cancellations: All cancellations must be in writing to travelinfo@texasgirltravel.com
*Please note that name changes to airline reservations are subject to full cancellation and rebooking.
Traveling Companions: If you are traveling with a companion, to receive the best prices, you and the additional parties must reserve your travel itinerary simultaneously. If your travel companion chooses not to travel, the remaining party will be subject to the cancellation policies stated in these Terms & Conditions and/or in the proposal. The traveling party may be subject to an increased fee in the form of a single supplement, or the travel package may need to be requoted and rebooked. Please contact Texas Girl Travel is not responsible for any increased costs or other monetary damages if a traveling companion chooses to no longer travel. Unless stated otherwise in the proposal, all payments are not transferable or refundable.
GROUP TRAVEL
Affinity group: Texas Girl Travel is proud to provide travel accommodations for you and your group. For Affinity Groups, a group leader is required. A separate Group Leader or Destination Wedding Couple Agreement will detail the group's rights and responsibilities. These terms and conditions are incorporated into the Group Leader or Destination Wedding Agreement (whichever is applicable) and apply to all passengers in the traveling group. If any of these terms contradict the terms of the Group Leader or Destination Wedding Agreement, the terms of the Group Leader or Destination Wedding Agreement will prevail.
Sponsored group: Texas Girl Travel sponsors group vacations. These group vacations may include additional amenities, such as ground transportation, tours, excursions and/or meals. Additional terms may be included in the Group Travel Itineracy. These terms & conditions are incorporated into the Group Travel Itinerary. If any of these terms contradict the terms of the Group Travel Itinerary, the terms of the Group Travel Itinerary will prevail.
INTERNATIONAL TRAVEL ENTRY REQUIREMENTS
International locations have different entry rules and requirements than traveling within the United States. Preapproval or a visa may be required prior to entry. The passenger's responsibility is to ensure that they meet eligibility requirements and have the proper documentation to enter another country. This information can generally be found at the country's consulate website. Texas Girl Travel is not responsible if passenger is denied entry into a country for any reason, including, but not limited to, not possessing the proper visa, or having a criminal record.
POLICIES OF COMMON CARRIERS
General policies: TSA regulations require that passenger information entered into common carrier reservation systems match the passenger's information as listed on their passport or other government-issued I.D. Passengers are responsible for providing Texas Girl Travel with the correct spelling and listing of their name as it appears on their passport (or other government-issued I.D.), as well as the date of birth, gender, address, phone number, and email for all passengers traveling together. Passengers are responsible for ensuring that the identifying information listed on their invoices and travel documents are correct. Texas Girl Travel will not be liable for passengers who incur fees or are denied travel due to inaccurate information.
Texas Girl Travel will do its best to use major carriers for their flights. There may be times when discount carriers are used. In the case where the airline policy conflicts with this policy, the airline policy will prevail. Texas Girl Travel is not responsible for the services and policies imposed by the airlines.
Airline seat & class assignments: The airlines bear sole responsibility and authority of assigning seats and class of service. Texas Girl Travel will put forth its best efforts to select the passenger's desired seat in the passenger's desired class. Texas Girl Travel is not responsible for a seat assignment or class changes made by the airlines.
Airline frequent flier programs: Passenger is responsible for contacting their airline directly regarding mileage eligibility and accrual. Texas Girl Travel will provide frequent flier information to the airline as a courtesy. Texas Girl Travel is not responsible for the eligibility and administration of airline frequent flyer programs. Not all air reservations are eligible to accrue frequent flier miles or frequent flier benefits. Please check with the appropriate air carrier regarding their program rules and eligibility.
Known traveler programs: Passengers are responsible for adding TSA Precheck or Global Entry to their air reservation. If provided at the time of reservation, Texas Girl Travel will put forth our best efforts to add such information to the passenger's air reservation. It is the passenger's responsibility to confirm that this information is added to their reservation. Texas Girl Travel does not administer either of these programs or determine the eligibility of these programs. Texas Girl Travel will not be responsible if the passenger is denied use of these programs.
Airline name changes: Any name change, including minor spelling corrections, may require airline reservations to be canceled and rebooked. Reservations are subject to current availability and pricing at the time of rebooking. Once airline tickets are issued, subsequent name corrections will be subject to an airline rebooking fee. Texas Girl Travel will not be held responsible for the denial of services by a carrier due to any name discrepancy. Name changes must be advised in writing at travelinfo@texasgirltravel.com
Airline schedule changes: Airline schedules and flights are subject to change without notice. Texas Girl Travel is not responsible for schedule changes, including, when applicable, changes in routing and/or the number of stops in the itinerary. Texas Girl Travel is not responsible for penalties incurred for tickets or missed transfers, international or domestic, due to schedule and/or flight changes or missed flights. Texas Girl Travel is unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by an airline or ground transport. Passengers are strongly encouraged to download the apps for the airline that they will be traveling or register their flights via the carries website and set up flight alerts if offered by the carrier. If any change in flight itinerary is made directly between passengers and their airline, it is the passengers' responsibility to advise Texas Girl Travel of amended flight details in writing at travelinfo@texasgirltravel.com. Texas Girl Travel is not responsible for misaligned land services, including arrival and/or departure transfers, if flights are changed without 48 hours of advanced communication and knowledge of thereof. In the case that Texas Girl Travel purchases airline tickets on your behalf, Texas Girl Travel will follow the airlines' policies, which may change at any time. Most airline tickets require immediate and full payment of the airfare upon booking. Any replacement air arrangements and airfare will be the passenger's sole responsibility.
Luggage (Airlines): Each airline has different rules regarding checked and carry-on luggage, including size, weight, and charges for said luggage. The passenger's responsibility is to know and abide by the airline's luggage rules and regulations. Texas Girl Travel is not responsible for any luggage fees lost or damaged luggage.
Cruises: Cruise itineraries, cruise cabins, and ships are subject to change without notice. Texas Girl Travel takes no responsibility for ship substitutions, cabin changes, or itinerary changes imposed by a cruise line and is not responsible for any losses you may incur, including the issuance and/or cancellation of airline tickets or visa fees.
Rail: Once full payment is received, rail tickets will be issued and are subject to the refund and cancellation policies of the rail carrier. Once issued, rail tickets are valid for the dates and times specified. Changes and exchanges may be subject to local charges, fees, and fare increases. Texas Girl Travel does not control seat assignments entirely at the rail companies' discretion.
Hotel accommodations: All rooms requested will be based upon passenger specifications when the travel itinerary is confirmed. Please understand although we will make a bed type request on your behalf, bed types are subject to availability. Room selection in all cases is strictly at the discretion of the hotel's management on a run-of-house basis. Hotel check-in and check-out times will be listed on the final travel itinerary. It is the passenger's responsibility to confirm hotel check-in/check-out times. All hotel rates are based on Texas Girl Travel's agreements with its suppliers and are not negotiable.
Hotel/Resort/Cruise Deposits Some hotels/resorts/cruises may require a security deposit to pay for any damage caused to the accommodations or to cover incidental charges (room service, parking, etc.) The deposit amount is determined by the service provider. It is advised that you use a major credit card for your security deposit. Using your debit card will take that money from your bank account, and it will not be refunded until the conclusion of your stay. Your banking institution determines the processing time for any applicable refund.
Ground transportation: Passengers may request ground transportation be included with their travel package for an additional cost. Transfers can be provided via a car, minibus, or motor coach, depending on the number of passengers traveling and by passenger request. Ground transportation generally waits up to one (1) hour after plane arrival or departure from accommodations. This is a general rule, and it is the passenger's responsibility to review their travel documents to confirm the rules of the transportation company. If the passenger does not meet the ground transportation within the timeframe, the transportation may be canceled with no refund. Transfer costs are non-refundable, and any additional expenses will be the passenger's responsibility.
HEALTH & SAFETY
Medical services: There may be times when passengers may need medical attention. Should medical attention be required, local services will be contacted. The resulting charges will be the responsibility of the passenger. Texas Girl Travel nor it employees, investors, or owners are not responsible for the services provided. It is highly recommended that the passenger secure travel insurance in case there is an unforeseen need for medical attention.
Health requirements: Passengers should consult with their healthcare provider for up-to-date immunizations and travel requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (https://www.who.int/countries/) for their recommendations. Required inoculations, if any, must be recorded by clients' health practitioners on a valid vaccination certificate which the client must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs. Any person who arrives at the destination ill with apparent fever or becomes ill during the tour will be removed from the group and directed to a local medical facility for diagnosis. Upon clearance by an accredited medical facility, that individual will be allowed to resume group travel. All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary will be the sole reasonability of the passenger. Please note that some countries may require aircraft cabin disinfection treatment for in-bound foreign flights. A list of such countries is available at: https://www.transportation.gov/airconsumer/spray.
TRAVELERS WITH DISABILITIES
We at Texas Girl Travel aims for our clients to enjoy their travel itinerary and excursions. We also understand that everyone may have the same capabilities. If you or anyone in your party requires any form of assistance, including but not limited to, physical assistance, sight or hearing impairments, you are required to notify Texas Girl Travel prior to reserving travel. We will review with you the itinerary and physical requirements of the vacation to ensure we can work with your disabilities. If it is decided that the tour/vacation works for you and additional services are needed, you must be accompanied by an individual responsible for providing those services. Tour managers, guides, drivers or other tour, hotel, ship personnel are not able to provide such assistance. To participate in escorted tours, passengers must be able to understand and follow instructions given by the Tour Director, both for the successful operation of the tour as well as for everyone's safety. The travel itinerary is subject to change prior to or during the vacation for various reasons outside Texas Girl Travel's control. If this occurs, the vacation may not be best suited for you. You agree and hold Texas Girl Travel harmless if this occurs, and you are unable to fully participate in the tours/vacation. No refunds, partial or otherwise, will be provided in the case of an unscheduled itinerary change. If the service provider offers a refund, Texas Girl Travel will attempt to retrieve the refund on your behalf.
Texas Girl Travel reserves the right to reject participation or remove any individual from a tour/vacation if notification of any disabilities was not previously provided and/or when, in our sole judgment, continued participation would significantly hinder the services to be provided to all guests. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will be the sole responsibility of the passenger. Escorted tours are fast-paced, often requiring lengthy walks over uneven terrain. Some activities may have weight limits. In the interests of group harmony, clients should be able to maintain the pace of the tour. Clients with special needs may be better served independently. Texas Girl Travel can suggest touring options based upon specific requirements.
WHEELCHAIRS & WALKERS
Travel within the USA: Pursuant to the Americans with Disabilities Act (the ADA), Texas Girl Travel will use our best efforts to accommodate travelers with disabilities to the extent possible and consistent with the specific tour itinerary. Nevertheless, you may find that a particular tour or feature may not be accessible or that a wheelchair, scooter, or other special equipment to participate is required. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. We cannot provide individual assistance to travelers with wheelchairs or other mobility devices. However, we will attempt to identify providers that may accommodate specific aid. The cost of these services will be the sole responsibility of the passenger. Texas Girl Travel will make a good faith attempt to accommodate special access needs but does not guarantee that it will be able to do so.
International Travel: Hotels, tour operators, airlines, ocean, and river cruise operators outside of the United States are not required to comply with ADA requirements and therefore may not have ramps, wide entryways, or elevators to accommodate disabled passengers or devices such as wheelchairs, walkers or motorized scooters. Due to physical constraints and space limitations, wheelchairs, walkers, and motorized scooters may not be allowed aboard motor coaches and river cruises.
SERVICE ANIMALS
Passengers on domestic escorted tours who require a service animal because of a disability must contact Texas Girl Travel before booking a tour. Passenger is responsible for knowing and abiding by the travel policies of the carriers and hotels/resorts. Service animals cannot be accommodated at international locations.
CHARGEBACKS
We at Texas Girl Travel understand that travel may not go as planned. If there is any refund owed from a 3rd party service provider, Texas Girl Travel will put forth our best efforts to secure that refund for the passenger. Texas Girl Travel works with third parties and there may be a delay in obtaining refunds from that third party to provide the passenger with the refund. This process may take up to 180 days. We ask for patience in this process and that you do not request a chargeback with your credit card company. Going through this process will cause a delay in the refund process.
If the passenger decides to request a chargeback from your credit card company, a chargeback fee of $200 will be imposed to cover the time and effort to provide information to your credit card company. This will be charged regardless of if the chargeback is successful. This fee must be paid prior to any additional action being taken on the reservation.
RELEASE FROM LIABILITY
Texas Girl Travel, its shareholders, directors, officers, employees, and affiliates, do not own or operate any entity that provides goods or services for your vacation, including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, tours or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Texas Girl Travel is not liable for any negligent or willful act or failure to act of any such person or entity or any other third party. Texas Girl Travel has no control over the activities at resorts or locations. The passenger is aware that the facility may change, postpone, or cancel any scheduled activities and the passenger holds Texas Girl Travel harmless if this occurs.
Without limitation, Texas Girl Travel is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, items listed in the force majeure clause, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Texas Girl Travel. By accepting this agreement, the passengers release Texas Girl Travel from its own negligence and assume all risk.
FORCE MAJEURE
There may be times when either party are unable to perform, or complete performance, under the travel contract for reasons out of each other's control. These are called force majeure events and if they occur, make performing under the contract inadvisable, commercially impracticable, illegal, or impossible. Events that may trigger this provision include, but are not limited to, acts of God, acts of government, acts of war or civil unrest, insurrection or revolts, military action, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, pandemics, epidemics, illnesses or health conditions prevalent in the area of travel, earthquakes, hurricanes, lightning, and explosions, unexpected legislation, or any other event outside the reasonable control of either party.
In the event that a force majeure event occurs, the parties will look to and follow the cancellation policies of the suppliers, what is stated in the travel proposal, and these Terms & Conditions. Any changes to those policies are at the sole discretion of the supplier (if applicable) and Texas Girl Travel. Passengers will be informed of their options if a force majeure event occurs.
TRAVEL & COVID-19 AND OTHER INFECTIOUS DISEASE
In Spring 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Center for Disease Control (CDC) issued several preventative measures to combat the virus, such as frequent hand washing, wearing a mask or face covering, and keeping at least 6 feet away from others. If contracted, this virus has the ability to cause the traveler serious and severe illness. For more information on the COVID-19 virus, please visit the CDC webpage at www.cdc.gov .
By purchasing travel through Texas Girl Travel, you understand that COVID-19 is a highly contagious virus that can be spread via person-to-person contact. Texas Girl Travel will take reasonable efforts to provide me with the best available information regarding the pandemic-protective policies and practices of the vendors and suppliers in my travel itinerary.
As a traveler, you understand that the travel agency's supplier(s) may have policies in place to help prevent the spread of COVID-19. Texas Girl Travel is not the drafter or holder of those policies, and these policies can change at any time. The supplier(s) may not apply those policies as diligently as the policies suggest, and even if the supplier makes a good faith effort to enforce its good practices, some travelers may simply refuse to cooperate.
Each state/country institutes its own pandemic-protective policies and regulations. As a traveler, you further understand that you are responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all state(s)/country(ies) listed in your travel itinerary, including any policy updates. You may be denied entry into the country for reasons within or outside of anyone's control. By traveling, you can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s). You are responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all vendors used in your travel itinerary, including any policy updates.
With full awareness and appreciation of the risks involved, you, for yourself, and on behalf of my traveling companions, including, but not limited to, my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, assume all risks of travel and hereby forever hold harmless, waive, discharge, and release Texas Girl Travel its officers, agents, independent contractors, affiliates, employees, successors, and assigns (collectively the "Released Parties") from any and all liability, claims, demands, actions, and causes of action, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties or any third-party vendor or supplier partnering with the travel agency. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury or harm, death, loss of use, monetary loss, or any other injury from or related to my use of Texas Girl Travel services, or the services of travel agency's suppliers or vendors, specifically related to COVID-19. The US Department of State frequently updates travel advisories and https://www.state.gov is a point of reference for the most up-to-date information.
Traveling to tropical environments will cause exposure to mosquitoes that may carry viruses such as zika, malaria, etc. All travelers are encouraged to travel with and use an insect repellant that contains deet, or another CDC recommended ingredients. Mosquito nets are also recommended if traveling with small children or sleeping in open-air accommodations.
TRAVEL INSURANCE
Working with Texas Girl Travel to purchase your vacation is an investment. Protect your investment by securing travel insurance. Travel insurance can assist with reimbursing you for the cost of your vacation due to events out of your control, such as illness, injury or death of you or a close family member. It can also assist if you become ill while traveling or are quarantined. Texas Girl Travel is not responsible for any costs associated with the risks of traveling or having to cancel your vacation for reasons within or outside of your control. Travel insurance is not a requirement but is HIGHLY RECOMMENDED.
ASSUMPTION OF RISK
Passenger is aware that the travel itinerary may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Travel Agency, or other persons and companies known or unknown, or of the willful or criminal conduct of third parties. Passenger is aware that weather conditions may not be desirable, severe, adverse and/or unpleasant. Passengers are also aware that medical services or facilities may not be readily available or accessible during some or all of the time, of which events and activities occur while on vacation.
To partake of the enjoyment and excitement of this vacation, passenger affirms that they are willing to accept the risks and uncertainty involved as being an integral part of embarking on a vacation. The passenger hereby accepts and assumes full responsibility for any risks of illness, injury, or death and agrees to hold Texas Girl Travel harmless and release Texas Girl Travel from claims of third-party negligence. Passengers understand the physical requirements of the activity(ies) in which they will participate. They currently have no known physical, medical, or mental condition that would impair their ability to participate in this vacation. The passengers assume all risks created, directly or indirectly, by any such condition(s). Passenger hereby authorizes Texas Girl Travel or my local ground handler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent.
BINDING ARBITRATION
Passenger agrees that any dispute concerning, relating, or referring to this agreement, the brochure or any other literature concerning the vacation, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then-existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Texas law and will take place in Fort Bend County, TX.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionably, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, all passengers and Texas Girl Travel are waiving all rights to a trial by jury.
MODIFICATION & WAIVER
No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by both the passenger and Texas Girl Travel. No failure of the company to exercise any power reserved to it under this agreement or to insist upon strict compliance by the contractor with any obligation or condition under this agreement, and no custom or practice of the parties in variance with the terms of this agreement, shall constitute a waiver of company's right to demand exact compliance with the terms of this agreement.
VOLUNTARY PARTICIPATION
Passenger acknowledges that they have voluntarily chosen to participate in the vacation illustrated in the travel proposal and have read the description of the vacation, together with all information contained on the itinerary, and voluntarily participate in this vacation with knowledge of the hazards involved.
PHOTOGRAPHIC RELEASE
Texas Girl Travel may take photographs or videos that are posted on www.texasgirltravel.com and Texas Girl Travel's social media pages. By virtue of attending a Texas Girl Travel sponsored/hosted vacation, you are granting Texas Girl Travel permission to post your photo and likeness in any and all promotional and commercial materials and on the internet without payment of any compensation to you. If you do not wish to be included in Texas Girl Travel's photos or videos, please advise Texas Girl Travel at least four (4) weeks prior to attending the vacation.
Passenger may take their own photos and video and share this media with Texas Girl Travel. Passenger agrees that Texas Girl Travel has permission to use images and likeness in any and all promotional and commercial materials in print and on the internet without payment of any compensation to you.
EMAIL OPT-IN
As a customer of Texas Girl Travel, you may receive promotional emails from time to time. You agree that by virtue of being a customer, your name and email address, as well as the names and email addresses of your traveling companions 18 or over, are added to the agency's email distribution list. You may unsubscribe from the list at any time.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement and understanding between the passenger and Texas Girl Travel with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties. Consultant represents and warrants that it is not relying on any statement or representation not contained in this agreement. To the extent any terms set forth in any exhibit or schedule conflict with the terms set forth in this agreement, the terms of this agreement shall control unless otherwise expressly agreed by the Parties in such exhibit or schedule.
SEVERABILITY
If a court or other body of competent jurisdiction finds, or the parties mutually believe, any provision of this agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
KNOWING AND VOLUNTARY EXECUTION
Passenger agrees that I have carefully read these Terms and Conditions and the vacation itinerary and fully understand its contents, including cancellation policies and penalties. Traveling parties are aware that this is a release of liability and a contract between themselves and Texas Girl Travel and agree of their own free will. By submitting a deposit or making any payments, I agree to these Terms & Conditions and Travel Agency's Release from Liability, Assumption of Risk, and Binding Arbitration Clause for myself, each member of my traveling party, and any minor children accompanying.
Updated January 2023
Texas Girl Travel, LLC.
Copyright © 2023 Texas Girl Travel, LLC. - All Rights Reserved.
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