This Agreement is between The TMD Network, LLC dba tmd Escapes, a Travel Agency (“Company”) and You (“Client”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Client hiring Company to provide the travel advisory services outlined below. By using our services you are agreeing to the following terms and conditions for all traveling parties:

1. SCOPE OF SERVICES

Client understands and agrees that Company acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services.

Client warrants that they are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with Company. Client agrees to be financially responsible for all of its travel bookings made on behalf of Client and any member of Client’s traveling party and warrant that all information supplied by Client on behalf of themself, members of their household, or others for whom Client is authorized to transact business with Company is true and accurate.   

Client-initiated bookings are not permitted and will immediately terminate the client-provider relationship and will pay a fee for abandoning the travel planning service agreement.

2. TRAVEL ADVISOR FEES

Client shall reserve Company’s services by signing and returning a Travel Agreement along with a non-refundable non-transferrable planning fee, in full, prior to receiving any travel proposal from Company. The planning fee does not include any accommodations, flights, and other tour costs. The planning fee charges in this Agreement are based on Company’s current pricing at the time of booking. Company’s planning fee is adjusted periodically, and future bookings will be charged at the prices in effect at the time.

3. PRODUCTS AND SUPPLIERS

Company sells a variety of travel-related products from different Suppliers. Each Supplier has its own terms and conditions that are applicable to Client’s particular arrangements and Client agrees to read through, acknowledge, accept, and abide by such terms. Company acts only as an agent for the Client in all matters related to sightseeing tours, cruises, hotels, meals and other services, including all transportation whether by air, motor coach, rail, car, boat or by any other means. Client understands that Company neither owns nor operates such third-party Suppliers. Because Company is not a co-Supplier of such products and services, Client agrees to enter into separate contracts with such Suppliers in connection with those products and services. Suppliers, affiliates, online travel agencies (Expedia, Booking.com, Hotels Tonight, etc.) reserve the right to substitute hotels, alter Itinerary, withdraw any tour, and/or make any necessary adjustments due to unforeseen circumstances.

If an airline or other Supplier declares bankruptcy, it is not obligated to honor your reservation made before bankruptcy or to refund tickets issued before the bankruptcy. Company is  not allowed to refund tickets on airlines that have declared bankruptcy. Money given to the Company immediately becomes the property of the airlines, and we are required by laws to comply with airlines’ orders. If an airline declares bankruptcy, it might continue service, limit service, or stop completely. Other airlines might accept passengers under limited circumstances or may refuse to accept any passengers from the defaulted carrier. Meanwhile, there are fine travel insurance plans available for passengers to protect themselves in case of airline bankruptcies.

4. ITINERARY PRICES AND FEES

Prices quoted by Company within Itinerary are subject to the following conditions:

• Prices include fees and taxes. However, the final price is subject to change without notice until full payment is received.

• Airline cancellations, changes, and rebooking fees and rules are subject to the individual terms and conditions imposed by the carrier.
• All airline tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by Supplier(s) or government(s). 
• Each Supplier will have their own cancellation or rescheduling fee, which Client understands fluctuates depending on the Supplier. All cancellation and rescheduling fees will be charged to the credit card or other payment method Client authorized to pay for travel services or deducted from the Suppliers’ refunds.

5. AUTHORIZATION TO USE, AND WARRANTY OF, PERSONAL INFORMATION

By requesting travel services from company, client is authorizing company to obtain client’s personal private information and/or to provide client’s personally identifiable information to those third-parties that company deem necessary to provide client with the service that client have requested, and to provide the type of information that company deem is required as an integral part of booking client’s travel. Company take great care to use only reputable companies to book client’s travel. however, company is not liable for the manner in which such third-parties handle client’s personal, private and/or personally identifiable identification information, or for any failure by such third-parties to protect the privacy of client’s information. By requesting travel services from company, client is certifying that all information client provides to company will be accurate, complete and current and that client is not and has not knowingly provided company with any false information.

6. BOOKING ACCURACY AND LEGAL NAMES

Client is required to immediately review their booking confirmation and verify all aspects of their booking, including, but not limited to, the following: client name, mailing address, email address, telephone number(s), date(s) of birth, pricing, airfare, departure/arrival times and airports, accommodations, and organized activities. Client shall notify the company immediately if any errors or omissions exist or other corrections are necessary to adjust or otherwise change client’s bookings. Client voluntarily assumes full and sole responsibility for any and all risk and/or costs involved with failure to report such errors or omissions. Client is required to verify the accuracy of their legal first and last names. It is mandatory that names on bookings be identical to those on all travel documents, such as passport and driver’s license.

7. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS DURING TRIP

When tour, cruise or package prices are based on Suppliers’ contract rates, Client will not be entitled to any refund for any unused portion of travel. 

Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.

If Client decides to change any portion of its confirmed arrangements prior to departure or during its trip, Company will attempt to assist. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to Company.

The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and Company bears no responsibility for any changes.

8. INTERNATIONAL TRAVEL RESPONSIBILITY & WARRANTY

Client understands and agrees that it is their responsibility to ensure all details for travel documentation for all persons traveling in their party are correct and that they have reviewed all U.S. Government and other applicable government prohibitions, warnings, and advisories applicable to the foreign travel destination. 

Client is responsible for fulfilling obligations related to obtaining passports, visas, and/or other immigration requirements, including vaccinations or other health-related requirements for all persons traveling in their party. 

9. ASSUMPTION OF RISK & RELEASE OF LIABILITY 

Client understands and agrees that they fully recognize there are dangers and risks to which they may be exposed by participating in travel activities including, but not limited to, strenuous activity such as hiking, walking, running, jumping, wading across or getting into water, strong currents, ocean waves, four-wheel drive roads, etc.; being in areas which might trigger a fear of heights or other fear responses; being exposed to normal and extreme weather conditions and other naturally occurring phenomenon such as harsh sun, altitude, extreme cold or hot temperatures, rain, snow, sleet, hail, wind, fog, tornadoes, wildfires, floods, avalanches; manual posing demonstrations or adjustments, camping, etc..

Client agrees to assume and take on all risks and responsibilities arising from or associated with any trip activity and release Company and all of its affiliates, divisions, departments and other units, committees and groups, and its and their officers, directors, principals, trustees, legal representatives, members, owners, employees, agents, administrators, assigns, and contractors, from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that Client may suffer arising from or in connection with travel activities, including any sickness, injury or harm, death, loss of property, money, discomfort, hardships or damage to Client’s personal property.

10. TRAVEL INSURANCE

Company recommends Client obtains travel insurance for all travel plans. As the travel booking agent (when applicable), Company has a professional responsibility to recommend the purchase of travel insurance to protect activities within Itinerary. While Company does offer coverage through certain carriers, Company cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with Client to determine the proper policy and Company advises Client to do its research and find coverage that best fits Client’s individual needs. Client understands and agrees that they have the sole responsibility to read the travel insurance policy when it arrives. insurance information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

11. LIMITATION OF LIABILITY

In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

12. ARBITRATION

Client agrees to submit claims against Company within 60 days after trip completion and filed suit within 6 months of the incident. Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Alexandria City, Virginia unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

13. RESERVATION OF RIGHTS: COMPANY’S CHANGES TO THESE TERMS

Company reserves the right, in its sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Client.