In these Terms and Conditions, “we,” “us,” and “our” mean Adventure Your Way Vacations, LLC (“Agency”). “You” and “your” mean the traveler and anyone traveling under the same booking.

Agency is an independent travel agency that contracts with third-party suppliers (each a “Supplier,” and collectively, “Suppliers”) as a booking agent to provide travel products, including, but not limited to, tours, cruises, hotels, airline tickets, and rental cars. All reservation services provided, and travel services coordinated, by us are subject to these Terms and Conditions and are referred to as the “website Services” in our Privacy Policy. By booking a reservation through our Agency, you agree to and have accepted these Terms and Conditions. Our booking Terms and Conditions take precedence over Supplier terms and conditions. Each Supplier is an independent entity with its own management and is not subject to control by our Agency.

Rates and Inclusions

Quoted rates are based on the exact inclusions provided in writing to you. Unless specifically itemized, rates do not include inspection fees for U.S. Customs and Immigration, cost incurred for visas and passports, seat assignments, air transportation tax, agricultural tax, airport taxes and fees (including September 11th security fee, passenger facility charges, federal domestic flight segment fees, and U.S. international travel and departure fees and other government imposed fees), port taxes, vaccinations, gratuities, meals and beverages except as noted and on cruises and all-inclusive resorts, alcohol, resort fees, locally-paid city taxes, hotel energy charges, parking and valet services, laundry service, additional bedding charges, telephone calls, minibar use, optional excursions, airport transfers, non-qualifying flights, porterage at airports or train stations, travel insurance premiums, and any other miscellaneous charge of a personal nature.

Third-Party Supplier

The Suppliers providing tours, excursions, transportation, accommodations, and other components of your trip or vacation are independent contractors and not agents, affiliates, representatives, or employees of us. All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by the Supplier.

Supplier terms and conditions, in addition to these Terms and Conditions, may apply to your reservation and other purchase of travel-related goods and services. Please read any additional Supplier terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, 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. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services or activities may require you to sign their liability waiver prior to participating in the service or activity they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), denied access to the applicable travel product or services, forfeiting any monies paid for such reservation(s). You further understand that it is your responsibility to cover any cost we incur as a result of such violation. Any additional terms and conditions will be provided to you in written form via email.

Personal Information

You consent to our use of your personal information. You understand that as part of booking any travel services, that certain personal information may be conveyed to Supplier(s) in order to accommodate your travel. Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other financial information needed to secure travel arrangements. You will not hold us liable for the distribution of your information to Supplier(s). Our liability for the failure of any Supplier to protect your personal information is specifically excluded. We keep your personal information only as long as needed for our sole use in providing travel and other services to you and for a reasonable length of time thereafter for legal or business purposes.

Groups

Terms and conditions for groups may deviate from those applicable to Fully Independent Travelers (FIT). See your Group Sales Contract for details.

Reservations and Payment

By providing your credit card details for payment of any kind, you acknowledge and accept our Terms and Conditions and agree to abide by them. You authorize us to charge your credit card for the charges associated with your travel booking. By authorizing us to charge your credit card either through our payment authorizations form or through the phone, you acknowledge that you understand and agree to any terms and conditions specific to the booking, including but not limited to, all cancellation policies.

Payment to Agency in currency other than U.S. Dollar (USD) will be converted at current exchange rate to USD. USD payment by Agency to Suppliers will be converted at current exchange rate for local country currency.

Terms and Conditions

By paying our planning fee and/or giving us a deposit, or making a booking, you acknowledge that you have read and accept these Terms and Conditions on behalf of yourself and anyone in your party. The lead traveler assumes responsibility for sharing these Terms and Conditions with all parties in the booking. It is the responsibility of each party to read these Terms and Conditions. If there is any part of these Terms and Conditions that you do not understand, please contact us for clarification.

A purchase is not complete until the deposit(s) and other monies due have been processed and a confirmation of booking has been provided to you.

Receipt of payment and confirmation from us confirms agreement with these Terms and Conditions. If final payment is not received by the due date, all components of the booking could be cancelled by the Supplier without refund of payments previously made.

We are not responsible for penalties, fare increases, or fees incurred due to any late payments, all of which must be paid by you.

Revision, Deviations, and Cancellations

Any revisions or deviations made to a reservation are subject to a fee of USD $50 per person/per trip in addition to any other Supplier charges and penalties. No refunds will be given for any unused or partially used service(s).

No refunds will be given for your or anyone in your party’s cancellation of any services(s) while traveling. In limited cases, some Suppliers do not permit changes to or cancellation of reservations after they are made, as indicated in the rules and restrictions for the specific reservation with such Supplier. You agree to abide by the terms and conditions imposed with respect to your reservations and agree to pay any cancellation or change fees that may be incurred.

No-Shows

Failure to travel or show up for any reservation is considered a “no-show.” No-show penalties may be in an amount up to the entire cost of the reservation.

Refunds, Chargebacks, and Adjustments

Claims for refunds or adjustments must be made within seven days of the disputed dates of travel. Full details and proof of payment documentation must accompany all claims. Please allow up to forty-five days to process refunds from the date of cancelled travel. No refunds will be issued for cancellation due to actual or threatened terrorist events or due to fear of travel from actual or threatened terrorist, health, political, or similar events. Supplier terms are separate from our Agency’s terms. Please refer to the Supplier terms and conditions for details on their polices.

You waive any right to a chargeback in case of cancellation (except for fraud) including force majeure event(s) (as described below) and agree to the refund polies and procedures outlined in these Terms and Conditions. In the event you attempt to chargeback, reverse, or recollect a trip payment already made without our authorization, we have the right to collect additional costs, fees, and expenses associated with the chargeback, including, but not limited to, attorney fees.

Washington State: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser request the seller of travel to apply the money to another travel product or date.

California residents: The Agency is not required to be a participant in the State of California Travel Consumer Restitution Fund (TCRF).

If travel services or transportation are cancelled and the traveler is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the traveler, all monies paid to the seller of travel for services not provided will be promptly paid to the traveler, unless traveler otherwise advises seller of travel in writing after cancellation. In California, this provision does not apply where the seller of travel has remitted payment to another registered wholesale seller of travel or a carrier without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed upon transportation or service. In this situation, the seller of travel must provide the traveler with a written statement accompanied by bank records to establish the disbursement of the payment and if disbursed to the whole seller of travel, proof to that wholesaler’s current registration.

Traveler Identification and Proof of Citizenship

The Transportation Security Administration (TSA) requires all airline passengers to provide Secure Flight Passenger Data (SFPD): full name as it appears on government-issued identification (I.D.), date of birth, gender, redress number (if applicable).

The name of the traveler on all reservations and travel documents must match the name as it appears on the traveler’s government-issued I.D. The traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect information. Updated information regarding security measures and requirements for all air travel is available at www.tsa.gov. It is highly recommended that travelers check this website prior to traveling to their scheduled destination. All U.S. citizens traveling to or from any international destination must have a valid passport, which must be valid for a minimum of six months beyond the return travel date. It is the traveler's responsibility to verify current entry requirements and obtain the necessary travel documentation based on the country of origin, destination, and any additional countries in which a stop is scheduled. Minors of 17 and under traveling alone or with a single parent may be required to have additional documentation on domestic or international flights. No refund will be issued for losses incurred as a result of failure to obtain or provide required documentation.

Travelers with Existing Criminal Records

Entry into Canada is solely determined by Canadian Border Services Agency (CBSA) officials in accordance with Canadian law. Anyone with a criminal record may be excluded and denied entry into Canada due to heightened security and enforcement. For this reason, people with past criminal charges or convictions are often refused entry into Canada. Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, shoplifting, theft, etc.) make a person inadmissible to Canada, regardless of how long ago the conviction occurred.

Accommodations

Hotel accommodation is subject to availability at the time of reservation. Some hotels require non-refundable and non-transferable deposits to guarantee a booking. In such cases, we will notify you for the non-refundable prepayment for that portion of the trip. Amenities such as elevators, air conditioning, bedding size, etc., are not guaranteed in all properties. In addition, even if a property has amenities such as air conditioning or elevators, it is not guaranteed that the amenity will be operational or available during your stay. Reimbursement for lack of amenities is solely the responsibility of the hotels, and while we may act as an intermediary, we cannot be held responsible for such reimbursement under any circumstances.

Special Travel Needs (Accessibility, Disabilities)

If you have disabilities or special needs that may require non-emergency special services, additional support, or accommodation of a disability you should advise us in advance of booking so that we can request assistance or arrange for appropriate services or equipment. In some cases, when you are unable to use your own wheelchairs, mobility devices, medical equipment, or devices, rental of special equipment or devices may result in additional charges. Airlines may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you travel with a service animal or emotional support animal, some Suppliers may require advance arrangements and special documentation for the animal’s health and training. Countries outside the United States and Canada have laws and regulations that often apply different standards or accommodations for persons with disabilities or special needs. We will assist travelers with disabilities or special needs; however, we are not responsible for the failure of Suppliers to meet your needs when the Supplier follows the laws and regulations of the local jurisdictions. Additionally, the laws and regulations of local jurisdictions covering travelers with disabilities or special needs may vary across the places you visit on your trip. Some destinations may have limited medical facilities or limited availability of prescription medications. You should consult your health provider about your trip. Some travel insurance plans may provide access to medical care, medical evacuation, and replacement or prescription medications. We strongly recommend the purchase of comprehensive travel insurance.

Air Arrangements

Please note that most airlines consider a name change to be a cancellation. Travelers are responsible to confirm airline baggage allowances for all flights. International flights may have different requirements than domestic flights. Excess luggage fees are the responsibility of the traveler. Tickets of any kind are payable in full and are non-refundable at the time of booking.

Airline tickets are completely non-refundable and non-exchangeable once purchased. We are not responsible for any loss, accident, injury, delay, defect, omission, or irregularity which may occur, such as changes, additional expenses, and cancellations due to weather conditions, schedule changes, and other changes beyond our control. You agree to abide by safety guidelines of all airlines and hold us harmless from any liability due to airline restrictions. Airline seat assignments are not complimentary on every airline. Pre-assigned seats in advance of flight time may be subject to additional charges from those carriers. We cannot guarantee seats in specific locations or next to each other. Seat assignments are strictly based on availability at the time seats are being selected. Airlines are at the liberty to change the aircraft and seat assignment at any time. We cannot be held responsible for any changes made by an airline, or any additional charges imposed by those airlines for any seats after they have been selected and paid for in advance.

Hazardous Materials and Insecticides

All passengers are prohibited by Federal law from bringing hazardous materials aboard aircraft in their luggage or on their person. Violations can result in up to five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. § 5124). Such materials include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, and radioactive materials (examples include paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals). There are special exceptions for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and certain smoking materials on your person. You should contact your airline’s representative on your itinerary. Restrictions on hazardous materials are listed https://www.tsa.gov/travel/security-screening/whatcanibring/all.

We recommend that you refer to the Department of Transportation (DOT) list of airports in countries that require airlines to treat passenger cabins with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website as updated from time to time: https://www.transportation.gov/airconsumer/spray.

Responsibilities and Liability

We provide a service in arranging accommodation, transportation, sightseeing, admissions, and any other services from third parties as agreed in each itinerary. We shall not be held liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by any company or person engaged in conveying the passengers, providing the services, or otherwise in connection therewith, of any hotel owner, manager, or employee. We do not own or operate any of the accommodations or other goods or services included within an itinerary, nor are we an agent of any of the Suppliers which will provide goods and services for the trip or any option which may be available in connection with the trip. 

Countries have different laws regarding entry for persons with criminal records. It is your responsibility to know destination entry laws if you or anyone in your party has a criminal record. We do not inquire about an individual’s criminal record in the interest of respecting our clients’ privacy. Refusal of entry is not a valid reason for cancellation or charge back. Certain countries, including Canada, may offer a waiver of exclusion, but several weeks are required and a processing fee must be paid. It is the responsibility of the traveler to obtain any necessary waivers prior to their travel date. Adventure Your Way Vacations, LLC will not be responsible for obtaining the necessary waivers and no refunds will be issued for cancellations due to failure of obtaining the necessary documents or waiver of exclusions. Supplier terms are separate from these Terms and Conditions. Please refer to the Supplier terms and conditions for details on their policies.

To learn more about applying for a waiver of exclusion in Canada, guests may visit the following website: www.cic.gc.ca/english/information/inadmissibility/index.asp. For details, visit the Canada Border Services Agency website at www.cbsa.gc.ca.

You agree to seek remedies directly with the Supplier and not hold us liable in the event of negligence, loss, injury, delay, or expense which results directly or indirectly from any action or omission, whether negligent, criminal, or otherwise, of any entity providing goods and services for the trip or any available option. You also agree not to hold us liable for circumstances beyond our control (e.g., force majeure, terrorism, war, or acts of God). We accept no responsibility for losses or extra cost due to delays, schedule changes, or cancellations in train, bus, ship, airlines, or other land, lake, or river services, medical issues, bad weather/climate conditions, war, terrorist acts, strikes, quarantine, luggage delay or loss, or other causes. You expressly release and hold us harmless against any and all liability from suits and demands of any kind, now and in the future, that may occur out of or in connection with your travel or participation in activities arranged by us.

In the event an airline or travel Supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. Money given to our Agency immediately becomes the property of the airline or travel supplier as required by law. We are not allowed to provide refunds for Suppliers who have declared bankruptcy. If an airline or travel Supplier declares bankruptcy, it might continue services or stop completely. Other airlines or travel Suppliers may, but do not have to, provide alternative services.

Travel During a Pandemic or Other Health Advisories

You should makes yourself aware of U.S. Centers for Disease Control and Prevention (CDC)’s current travel notices, available at: https://wwwnc.cdc.gov/travel/notices. There are inherent risks involved in choosing to travel, including medical-related risks. All travelers, including U.S. Citizens, shall refer to the current CDC guidelines, country-specific guidelines, and Supplier requirements (including but not limited to airline, hotel, and cruise line) regarding travel and documentation requirements related to any ongoing medical travel advisories. If you do not adhere to current regulations or provide any required documentation, you may be denied boarding, entry, and/or return to the United States or your country of residence. It is your sole responsibility to be aware of and adhere to all such requirements. You understand that it is your responsibility to check the latest travel information advisories and requirements from the CDC regarding requirements for any related travel advisory.

You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter/exit your destination as planned. If you decline to purchase travel insurance that includes coverage for medical needs while traveling and coverage for trip delays, you assume all personal and financial loss should you cancel your trip or suffer losses during the course of travel. Insurance claims will only be paid for covered reasons stated in the insurance policy. Countries outside the United States and/or Suppliers, including airlines and hotels, may have different guidelines for travel during a pandemic or epidemic. It is your responsibility to be aware of any pandemic or epidemic related restrictions. You are aware of all travel warnings; travel restrictions and rules and you understand the risks. You accept them and hold us harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or other travel provider including financial loss, quarantining rules, or measures put in place at airports or destinations you travel through. We are not responsible for acts or omissions or Suppliers or their failure to adhere to their own schedules, providing services or refunds, financial default, or failure to honor trip credits. We have no special knowledge about the financial condition of Suppliers, and we have no liability for recommending trip credit or a refund.

You understand that concerns or fear of travel may not be a covered reason for cancellation under a travel insurance policy. Insurance claims will only be paid for the covered reasons as stated in the insurance policy. You hold us harmless for your election to not purchase travel insurance and hold us harmless for denial of claim by insurer as it relates to any claim under the policy. Please note that insurance policies have specific clauses stating that they do not cover epidemics and pandemics, especially when travel warnings are in place.

Force Majeure

We shall not be liable for any circumstances beyond our control, including, but not limited to, acts of God, explosions, flood, forceful wind, fire, accident, war or threat of war, declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, sickness, epidemics, pandemics, quarantines, government intervention, weather conditions, defects in machinery or vehicles, delays or other unforeseen events (collectively, “force majeure”). We shall not be liable to you and shall not provide any refunds caused by delay of non-performance of any obligation to the extent any such delay is due to force majeure. If any of our travel Suppliers are affected by force majeure, they shall be entitled at their sole discretion to vary or cancel any itinerary or arrangement in relation to your trip without notice.

Passports, Visas, and Driver’s Licenses

It is your responsibility to be familiar with the laws and rules governing any visit to any country or region. We may be able to assist you in acquiring the necessary travel documents upon your request. It is not our responsibility to determine if any such documents are required. We will not be held responsible in any way if you fail to have the proper visas or other documentation for entry into any country or region. It is your responsibility to determine which documents are needed and to acquire that documentation. If an accident occurs and you seek assistance from us, any and all alternate arrangements will be your financial responsibility. It is your responsibility to ensure your passports are up-to-date and valid to enter any country. It is not our responsibility to determine the validity of your passport or any other travel document to enter any country or region.

Arbitration

In the case of a dispute between you and the Agency (collectively, the “parties,” and individually, a “party”) relating to or arising out of these Terms and Conditions, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following:

County of Bucks, Commonwealth of Pennsylvania. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms and Conditions, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing federal law as well as the law of the Commonwealth of Pennsylvania, County of Bucks. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims will not be subject to arbitration and may, as an exception to these Terms and Conditions, be litigated. The parties waive any rights they may have to a jury trial in regard to arbitral claims.

Jurisdiction, Venue, and Choice of Law

The parties agree that the laws of the Commonwealth of Pennsylvania shall govern any matter or dispute relating to or arising out of these Terms and Conditions. In the case that any litigation specifically permitted by these Terms and Conditions is initiated, the parties agree to submit to the personal jurisdiction of the commonwealth and federal courts of the Commonwealth of Pennsylvania and the County of Bucks. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. The parties hereby waive the right to any objection to venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.

Changes to Terms and Conditions

From time-to-time, we may update these Terms and Conditions without notice. Our most current Terms and Conditions may be obtained on the Agency’s website: https://www.adventureyourwayvacations.com. 

By authorizing us to charge your credit card as provided to us in the Travel Services Agreement or by signing the Travel Services Agreement you have acknowledged that you have read and agree to these Terms and Conditions, including its cancellation terms. You acknowledge receipt of notice herein concerning travel during a pandemic or other health emergencies and that is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and restrictions. You acknowledge the risks to you if you do not purchase travel insurance. You further acknowledge reading these Terms and Conditions by paying for planning fee(s) and/or giving a deposit or making a booking and you indicate that you fully understand and agree to our cancellation policies. The Travel Services Agreement is the entire understanding and agreement between you and us as it pertains to your travel arrangements. No delay or failure by either party to exercise or enforce its rights shall constitute a waiver of rights. If any provision of these Terms and Conditions shall be unlawful or unenforceable, then the provision shall be deemed severable and will not affect the validity of remaining provisions. You acknowledge that you have received a copy of the Travel Services Agreement that reference these Terms and Conditions.