Terms & Conditions

TERMS & CONDITIONS (T&CS) AGREEMENT

 

 

1. Acceptance of Terms & Advisor's Role

 

By making any payment (including a Planning Retainer or deposit), signing a proposal, or otherwise engaging the services of Aileen Cauley Travel & Tours (the "Advisor"), the Client (and all travelers in their party) acknowledges, agrees to, and accepts these Terms & Conditions.

 

Advisor as Agent & Limited Liability

 

The Advisor acts strictly as an independent agent for the Client in arranging travel services with third-party suppliers (e.g., airlines, hotels, cruise lines, tour operators, car rental companies, referred to collectively as "Suppliers").

  • The Advisor does not own, control, or operate any Supplier and is not the direct provider of the travel services.
  • The Advisor is not liable for any acts, omissions, errors, negligence, or breach of contract by any Supplier, or for any personal injury, property damage, or other loss, delay, or accident caused by any Supplier.
  • The Advisor's liability for any claim is limited to the amount of the Service Fee paid directly to the Advisor.

 

2. Financial Terms & Service Fees

 

 

Service Fees (Non-Refundable)

 

The Advisor's Planning Retainer/Service Fee and any Rush Planning Fee are for consultation, research, expertise, and time spent, regardless of whether the planned trip is ultimately booked or cancelled. These fees are fully non-refundable once paid.

 

Pricing & Payments

 

  • Pricing Fluctuations: Quotes are subject to change until full payment is received by the Supplier. The Advisor is not responsible for price increases (including fuel surcharges, government-imposed taxes, or Supplier-imposed fees) that occur before final ticketing.
  • Currency & Exchange Rates: Quotes given in foreign currency (e.g., Euro) include an estimated U.S. Dollar equivalent. The Advisor is not responsible for any fluctuations in the exchange rate between the date of the quote and the date of transaction processing.
  • Foreign Transaction Fees: The Client is responsible for any foreign transaction fees charged by their debit or credit card issuer when making payments to Suppliers located overseas.
  • Payment Process: When the Client provides credit card authorization, the Advisor transfers the payment directly to the Supplier (hotel, cruise, tour vendor, etc.). The Advisor does not "keep" payments for travel components; all funds for travel components go directly to the Suppliers.

 

3. Client's Core Responsibilities

 

The Client is solely responsible for verifying and possessing all necessary documentation and information for travel.

 

Passports, Visas, & Health

 

  • Passports: A valid passport is required for all international travel. Many destinations require the passport to be valid for 6 months beyond the date of return.
  • Visas & Entry: The Client must verify and obtain all necessary visas, health certificates, or travel authorizations for their destination and all transit points.
  • Health: The Client must check with their healthcare provider and the CDC (Centers for Disease Control and Prevention) for all required or recommended immunizations and health notes.
  • Criminal Offenses/Prior Record: The Advisor is legally prohibited from inquiring about a client's current or past criminal offenses, including but not limited to DUI/DWI records. Entry requirements related to criminal records are solely the Client’s responsibility. The Client must contact the destination country's embassy or consulate directly for advice.

 

Check-in & Departure

 

  • Check-in: The Client must adhere to recommended check-in times (generally a minimum of 2 hours for domestic flights and 3 hours for international flights).
  • Reconfirmation: The Client is responsible for reconfirming all flight times directly with the airline at least 24–72 hours prior to departure, as schedule changes may occur without notice to the Advisor.
  • Compliance: The Client is responsible for remaining current on all airport rules and destination regulations, which may change without notification.

 

Communication & Payment Deadlines

 

  • Deadlines: The Client is responsible for noting all final payment dates and planning accordingly. The Advisor is not responsible for any cancellations resulting from the Client's missed payment deadlines, even if the Advisor sent reminders.
  • Unresponsive Clients: The Advisor is not liable for errors, omissions, or delays in booking travel services if the Client significantly delays responding to requests for necessary information (e.g., passport details, flight schedules, or payment authorizations).

 

4. Force Majeure & Pandemic Waiver

 

In consideration of the travel services provided, and acknowledging the risks inherent in global travel (including those related to the COVID-19/Coronavirus pandemic or other events beyond human control), the Client agrees to the following:

  • Known Risk: The Client is fully aware of the current global health, travel, and political risks (e.g., pandemics, natural disasters, war, civil unrest, or "Force Majeure" events) and accepts that these may lead to cancellation, delays, mandatory quarantines, or restrictions.
  • Hold Harmless: The Client agrees to hold the Advisor harmless and waives any right to sue the Advisor for any financial loss, death, illness, injury, quarantine measures, or cancellations imposed by Suppliers or governing bodies due to any Force Majeure event.
  • Supplier Policies Govern: The Client acknowledges that the Supplier's own cancellation and refund policies will dictate their rights and remedies, including the right to receive any refund, credit, or penalty.

 

5. Cancellation, Refunds, & Chargeback Waiver

 

 

Cancellation Fees

 

All cancellation fees and penalties are imposed and retained by the Supplier (e.g., hotel, airline, tour operator), not the Advisor. The Client must review the specific cancellation terms detailed on their invoice or Supplier confirmation.

 

Non-Refundable Payments & Credit Card Chargeback Waiver

 

  • The Client agrees that the term "non-refundable" in any quote, booking, or invoice means the payment cannot be refunded under any circumstance, including reasons of pandemic, war, Force Majeure, or other unforeseeable events.
  • The Client waives their right to sue or institute a credit card dispute or "charge back" against the Advisor or its partners for any penalties, fees, or damages related to non-refundable deposits/payments or any other travel transaction.
  • The Client agrees to reimburse the Advisor for any financial penalties or legal costs incurred by the Advisor due to a Client-initiated credit card "chargeback."

 

6. Group Bookings

 

  • Group Leader Responsibility: For group bookings where travelers do not share a household, the Advisor will correspond solely with the initial contact person (Group Leader). The Group Leader is responsible for communicating all itinerary details, quotes, payment deadlines, and policy changes to all other group members.
  • Itinerary Acceptance: By submitting a deposit, the Group Leader confirms that all parties have been informed of and have accepted the itinerary details, pricing, and these T&Cs.
  • Transfers: All quotes assume travelers will arrive and depart together. Travelers arriving separately will be responsible for the additional cost of any separate airport transfers.

 

7. Travel Insurance & Additional Fees

 

 

Travel Insurance

 

  • Recommendation: Travel protection and insurance is strongly recommended to protect your financial investment against unforeseen circumstances. Insurance is not included unless specifically noted.
  • Coverage Clarification: The Advisor is not authorized to answer specific questions about coverage or make representations about an insurance policy. It is the Client's responsibility to review the Description of Coverage and contact the insurance provider directly with any questions.
  • Waiver: A waiver may be required if the Client refuses the offer of travel protection.

 

Additional Fees Disclosure

 

The Advisor is not responsible for any omission of additional fees during the quote process. These fees are controlled by the Supplier or government and include:

  • Gratuities (to guides, drivers, hotel staff).
  • Mandatory onboard service charges/gratuities for cruises.
  • City or local tourism taxes payable directly at the hotel (common in Europe).
  • Resort fees or other hotel taxes payable upon check-in.
  • Costs for transport to/from the airport if transfers were not specifically included in the quote.

 

8. Privacy Policy / Use of Personal Information

 

The Advisor will not willingly share your personal information with companies outside of Aileen Cauley Travel & Tours except as required to fulfill your travel booking.

  • Disclosure for Booking: To complete your bookings, the Advisor must transmit private information (such as name, date of birth, state of residency, email, and telephone) to Suppliers and travel partners (cruise lines, tour companies, etc.).
  • Third-Party Systems: The Advisor may use third-party applications to manage your information, including but not limited to: TESS Client Management System, DocuSign, Cognito Forms/JotForm, and direct Supplier booking software (e.g., OneSource, CruisingPower).
  • Legal Obligation: The Advisor reserves the right to disclose personal information when required to comply with the law, a legal process, or to cooperate with investigations of unlawful activities.

 

9. Governing Law & Severability

 

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
  • Severability: If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

By paying the Planning Retainer and/or initial deposit, the Client affirms that they have read, understand, and accept all the above Terms & Conditions for themselves and all others in their party.