TERMS AND CONDITIONS OF TRAVEL
WAIVER OF LIABILITY AND RELEASE OF CLAIMS
This Terms and Conditions of Travel with Waiver of Liability and Release of Claims Agreement (The “Agreement”) is being entered into by and between the client (hereinafter the “Client”), and Mickey Adventures LLC/MA World Travel (hereinafter the “Agency”). The Agreement incorporates by referenced all documents, information, and other items provided to the Client by the Agency (the “Travel Information”). The Client was provided with a link to this Agreement and was given the opportunity to read and review it, and acknowledges receipt and understanding of the Agreement, the Travel Information, and all their contents.
In consideration of the services being provided by the Agency, Client acknowledges, understands and agrees to the following:
1) The Agency acts solely as an agent for other entities which are or will be providing the Client with certain services relating to travel including but not limited to transportation, vacation packages, excursions, accommodations, meals, reservations, and other similar goods and services (collectively the “Travel Services”).
2) The Travel Services are provided to the Client by other entities (collectively the “Suppliers”). The Agency is not the source or supplier of the Travel Services. The Client has been advised that the Suppliers whose names appear in the Travel Information are actually responsible for providing the Travel Services the Client has purchased.
3) The Client consents to and requests the use of those suppliers and agrees not to hold the Agency responsible should any of these suppliers:
- fail to provide the Travel Services the Client has purchased;
- fail to comply with any applicable law; or
- engage in any negligent act or omission that causes the Client any sort of injury, damage, delay or inconvenience.
4) The Client agrees that he/she has reviewed and accepts the cancellation and change terms for each Supplier and understands that the Agency cannot change these terms under any circumstances.
5) The Client, on behalf of himself/herself, and his/her minor child/children participating in, receiving, using or partaking of the Travel Services, and each of their heirs, assigns, personal and legal representatives and estate, fully and completely releases, discharges and holds harmless the Agency, and its owners, directors, trustees, officers, employees, agents, insurers, attorneys, parents and subsidiaries (collectively the “Agency Releasees”) from any and all claims, actions, causes of action, and damages of any kind whatsoever, including but not limited to claims for personal injury, financial loss, or property damage, arising out of the Client’s and/or the Client’s child/children’s involvement in the Travel Services provided by a Supplier.
6) The Client hereby covenants and agrees that it will not engage in any legal action against the Agency as a result of any damage, loss or injury incurred as a result of the Client’s participation in or use of the Travel Services.
7) The Client hereby understands and assumes all risk of accidents, personal injury, death and property loss or damage sustained or incurred as a result of engaging in the Travel Services, including those caused as a result of negligence of the Agency.
8) The Client agrees to review his or her Travel Information, including flight information, hotel accommodation information, times and dates of flights and reservations, and other related information, for accuracy upon receipt and understands that he/she may contact the Agency with any questions. The Agency will not be responsible for omissions or errors if not brought to the Agency’s attention immediately. Payment must be received by the end of the business day on the due date to avoid vendor cancellation.
9) The Client understand that if air travel is involved in the Travel Services purchased, then the Transportation Security Administration (TSA) requires the Client to carry a government issued identification in order to board a flight. The Client has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on the Client’s airline ticket and in the Client’s booking records. The Client acknowledges that failure to strictly comply with these requirements may result in denial of boarding or an undue delay at an airport security checkpoint causing Client to miss a flight.
10) Client understands that international travel requires possession of a valid passport and may require one or more visas. Passport and visa information may be obtained by contacting the Travel Advisory Section of the U.S. State Department at 202.647.5225 or by visiting the State Department’s Web site at www.state.gov. Non- U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s Web site at www.cdc.gov.
11) The Agency shall not be responsible for failure to perform any of its obligations under these terms during any period in which such performance is prevented or delayed due to Force Majeure, nor for changes to or terminations of Client’s trip due to Force Majeure. “Force Majeure” refers to any event beyond the reasonable control of the Agency, including but not limited to severe weather, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, disease, pandemic, virus, illness, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial, or federal government authority, interruption of power services, terrorism, or any other causes beyond the control of the Agency. Very rarely, the Client may be forced by “Force Majeure” to change or terminate his/her trip after departure but before the scheduled end of his/her trip. This is unlikely but if this situation does occur, the Agency will be unable to make any refunds, pay any compensation, or meet any costs or expenses the Client may incur as a result. Any refunds of the cost of Travel Services are at the discretion of the Supplier for Travel Service purchased. The Agency reserves the right to cancel any Travel Services described in Client’s trip itinerary due to Force Majeure, and will be obligated to follow the policies set forth by each supplier.
12) Travel to certain destinations may involve greater risk than others. The Agency urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov,http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
13) BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, THE AGENCY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE, SAFE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.THE CLIENT IS ADVISED OF AND HEREBY ASSUMES THE RISK OF ANY HARM, LOSS, OR DAMAGE THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
14) In the event of health pandemics or a state of emergency, the Suppliers operating Client’s trip may change, delay, or cancel the services they offer for Client’s trip at their sole discretion and with little or no advance notice. Also, government officials in the destinations Client visits may change entry requirements, health protocols, and other rules for inbound visitors (including health screenings and tests and mandatory quarantines) at their discretion and with little or no advance notice. And government officials in Client’s home location may enact health protocols and other rules for returning residents. Client agrees that the Agency has no control over these decisions and that the Agency cannot be held liable for them. Further, Client understand that it is Client’s responsibility to comply with the government’s rules in the destinations they are visiting that are in effect during Client’s trip, as well as the government’s rules in Client’s home location upon returning. Client will not hold the Agency liable for any consequence of not following these rules, or any illness that Client contracts as a result of Client’s travel.
15) Client understands and has been advised by the Agency that the Client may purchase travel insurance prior to paying in full to cover certain risks inherent in travel including but not limited to supplier bankruptcy and the inability to travel due to a medical or personal emergency. The Client understand that it is his/her responsibility to understand the terms of this insurance coverage, and if Client chooses not to purchase it, the Client assume all risk of not having this coverage.
16) This Agreement shall be interpreted, enforced, governed and construed by and under the laws of the Commonwealth of Massachusetts.
17) In the event the Agency is forced to take legal action to enforce any portion of this Agreement, the Agency will be entitled to recover its reasonable attorney fees incurred in doing so.
18) This Agreement may be executed by and through electronic signature technology which is in compliance with Massachusetts law governing electronic signatures. Electronic signatures shall be considered as valid and binding as original signatures. Signatures, originally signed by hand, but transmitted via e-mail or fax shall also be deemed valid and binding original signatures.
By reviewing this Agreement and checking off the box acknowledging receipt of same, Client certifies that he/she has read this Agreement and the Travel Information, and fully understand it and that he/she is not relying on any statements or representations made by the Agency that are not set forth in this Agreement. Client represents and warrants that he/she is at least 18 years of age, and voluntarily agrees to all of the terms of this Agreement and that he/she will disseminate copies of this Agreement to any other adults accompanying the Client on anticipated travel.