TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE & Release of Liability, Waiver and Assumption of Risks, and Arbitration Agreement 

PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL RELATED SERVICES. CHECK YOUR DOCUMENTS WHEN YOU RECEIVE THEM. CALL THE TRAVEL AGENCY IF YOU HAVE ANY QUESTIONS. MOST DISCOUNT FARES INVOLVE RESTRICTIONS. CHANGING CARRIERS OR FLIGHTS COULD RESULT IN THE AIRLINE DEMANDING AN INCREASED FARE. CHECK WITH THE AIRLINE OR THE TRAVEL AGENCY BEFORE MAKING ANY CHANGES.

 

 

 I. Scope 


 

Making Great Memories LLC , is acting as a mere agent for SUPPLIERS (identified on the final travel documents) in selling travel-related accepting services, or in accepting reservations or bookings for services that are not directly supplied by this Travel Agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Travel Agency, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury, or death to travelers or travelers' companions or group members. Unless the term "guaranteed" is specifically stated in writing on your tickets, invoice, or reservation itinerary, Travel Agency does not guarantee any of such supplier's rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen and agree that Travel Agency will not be responsible if they are not satisfied. 

 

 

 

 

 

     II. Liability Wavier, Cancellation, and Insurance 

 

 

 

        Traveler assumes complete and full responsibility for, and hereby releases Travel Agency from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U. S. Citizens traveling internationally, including travel to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 http://travel.state.gov/travel/warnings.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel (404) 332-4565. 


 

Travel Agency shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, terrorist acts, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a tour), during, and after a tour, or any other actions, omissions, or conditions outside of ( Making Great Memories LLC ) control. 

 

 

 

If travel plans are delayed or cancelled for any reason there will be no refunds issued by Making Great Memories LLC  . Please note that a ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day adventure vacation by a tour operator, a post-trip extension designed by Making Great Memories LLC , and Suppliers all of which may be subject to a different set of cancellation policies).

 

Clients are responsible for obtaining the applicable policies, no refund(s) will be issued for cancellations due to actual or threatened terrorist events. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political or other similar events. 

 

 

 

It is the traveler’s responsibility to protect their purchases and Travel Insurance is strongly recommended. Travelers are advised to obtain appropriate insurance coverage against these risks; information is available through this Travel Agency regarding travel insurance. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members. 



 

Making Great Memories LLC,  acts as a sales agent for the tour operator named in your itinerary (“Suppliers”).  Making Great Memories LLC, is not responsible for acts or omissions of the tour operator or its failure to provide services.

 

 

 

                Making Great Memories LLC assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the tour operator; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the tour operator; or (3) any wrongful or negligent acts or omissions on the part of any other party not under Making Great Memories LLC control.  You hereby release Making Great Memories LLC, from all claims arising out of any problem covered in this paragraph.

 

 

 

                Making Great Memories LLC, has no special knowledge regarding the hazards of the tour, suitability of the tour for any person, financial condition of the tour operator, unsafe conditions, health hazards, weather hazards, political conditions, or climate extremes at locations to which you may travel.  For information concerning possible dangers at destinations, Making Great Memories LLC, recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, ABC recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.  You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release Making Great Memories LLC, from all claims arising out of any problem covered in this paragraph and to submit all other claims against us within 30 days after the return of your trip. You agree that the courts in {Tarrant county } will be the exclusive jurisdiction for all claims brought by you or Making Great Memories LLC, and you hereby submit to the personal jurisdiction of those courts.

 

 

 

                For your protection, we strongly recommend that you purchase trip cancellation insurance and that you check the appropriate box below.  We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.


 

 

 

By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency.  

 

 

 

I acknowledge that I have been made aware of the benefits of travel insurance and authorize the purchase thereof by signing this form and/or all credit card authorization forms issued to me which include the purchase of travel insurance.  I also hereby agree to sign the Travel Insurance Refusal form (available by email makinggreatmemories87@gmail.com or on request) should I for some reason wish not to purchase travel insurance. 

 

 

 III. ALTERNATIVE DISPUTE RESOLUTION  

 

 

 

   Making Great Memories LLC , desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, Making Great Memories LLC , has established an alternative mediation program in the event of a misunderstanding or dispute between MG Getaways LLC , and its clients.” If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service. 


 

                     The issuance of any tickets, reservations, or bookings by Making Great Memories LLC , is done on the express condition that: 1. Making Great Memories LLC , shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. Making Great Memories LLC  shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services. Customer's initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.  Nothing agreed to herein by the customer is meant to interfere with customer's legal rights against any carrier(s) or supplier(s) of services. 

 

 

 

The payment of the required deposit or any partial or full payment for a reservation on the chosen tour/package shall constitute consent to all provisions of this Terms & Conditions statement as well as the provisions listed in the ‘General — Trip Reservations and Details’ document, as well as in the ‘Trip-specific — Policy on Payments, Cancellations & Refunds’ document, as well as all provisions contained in any brochures, trip descriptions, and/or itineraries, or other forms of collateral provided to the client in conjunction with a booking.  These provisions are hereby incorporated by reference in this Disclosure Notice, and clients are advised to take note of them. 

 

 

 

Making Great Memories LLC , is acting as a mere agent for suppliers as stated above and its agents, servants, and employees, shall not be responsible for personal injury or property damage, loss or delay, or change of itinerary incurred by any person or tour participant arising out of the act of negligence of any direct or supplemental air carrier or other person or entity engaged in transporting the passenger, hotel or other person rendering any of these services, or accommodations being offered in these tours; nor shall Making Great Memories LLC , be responsible for any injuries, death, damage, loss, or delay in any means of transportation or by reason of any event beyond the actual control of TATC or of any agent or supplier or due to force majeure. The right is reserved to decline or accept or to retain any person as a member of a trip; change a trip from ‘escorted/guided’ by Making Great Memories LLC , to ‘partially escorted/guided’ by Making Great Memories LLC , or by a replacement escort, to ‘unescorted’ by Making Great Memories LLC , or by a replacement escort, should circumstances preclude the designated Making Great Memories LLC , escort or replacement escort from accompanying the trip for whatever reason; or to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of  Making Great Memories LLC .

 

 

 

If the contract between Making Great Memories LLC , and the passenger, on the one hand, and/or the contract between Making Great Memories LLC , and the designated carrier, on the other hand, is cancelled by the tour operator for any reason whatsoever Making Great Memories LLC  will not be held liable and passengers should seek refunds from their travel insurance policy if elected.  


 

The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of TATC no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant/ agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used, and shall be made at the sole discretion of Making Great Memories LLC. All rates quoted in applicable descriptions, itineraries and brochures are based on the current carrier tariffs and current international exchange rates, and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure of the Trip Reservations and Details from accompanying this disclosure notice. 

 

          

 

IV. Trip Deposits and Payment

 

 

 

 For all bookings Making Great Memories LLC , only expects credit card payments other payment type to the chosen supplier(s) for processing/deposit. As a result, the supplier deposit, payment, cancellation, and refund policy/policies will be followed. The same process may be followed in the rare case when a supplier does not accept credit cards and requires Making Great Memories LLC , to process your payment, then forward the funds to said supplier(s). When booking certain custom trips/arrangements/components and/or a dedicated Making Great Memories LLC , Group Adventure program, you will (also) receive a “Trip-specific — Policy" on Payments, Cancellations & Refunds’ applicable to the particular trip or trip segment(s) listed on the form you receive. For such bookings/arrangements, the ‘Trip-specific — Policy on Payments, Cancellations & Refunds’ will apply in addition to any and all other policies provided by suppliers, agencies, and Making Great Memories LLC . If you have two policies for the same trip, the stricter policy will be in effect.


 

V. Methods of Payment

 

All bookings are payable by credit card (Visa, Master Card, and sometimes also American Express, and Discover Card). Your reservation may be cancelled (in some cases automatically!) if a payment is not received by the due date.

 

Prices are per person double occupancy (unless stated otherwise) and are usually quoted in U.S. Dollars. Please consult the itinerary provided for further information on what your trip includes. Airfare is quoted separately unless you have been informed otherwise. Prices quoted are generally guaranteed for your trip, however price adjustments may be made (even on existing bookings) in the rare event of extreme currency fluctuations, post-booking fuel surcharge assessments, and other similarly unforeseeable events outside the control of Making Great Memories LLC , and/or our suppliers. Furthermore, price adjustments may be assessed by supplier(s) for currency, single supplement, small-group surcharge, or other reasons outside the control of Making Great Memories LLC.

 

Applicable to all types of bookings, there may be instances where Making Great Memories LLC , will require you to pay by check or Money Order, due to supplier payment policies or payment circumstances. All credit card payments, whether it is a payment made to Making Great Memories LLC , directly or simply authorization for us to forward your credit card info to a supplier, will require your signature on one or more credit card authorization forms supplied to you. This is for your protection as well as ours. Likewise, for most non-credit card transactions, a “Trip Authorization” form will be provided to you, which we require that you complete, sign, and return to Making Great Memories LLC, before we can proceed with your booking.

 

A deposit is required at the time of booking. We accept payment via credit card, debit card, for your deposit. The balance is due 90 days prior to departure. If your reservation is made within 90 days of departure, the entire cost of the trip must be paid at the time of confirmation.

 

VI.   All payments are paid through invoices

 

Invoices are normally issued by the entity that processes your actual payment, Making Great Memories LLC , acts as the processing agent (i.e. processes your credit card directly or deposit your funds into Making Great Memories LLC accounts). In the adventure travel industry, invoices tend to move slowly through the system and Making Great Memories LLC , will forward you the various third-party invoices as they arrive into our office. Please note that for bookings where you will not be charged until you receive a service (as is the case with certain car and hotel reservations, there will be no invoice issued for the transaction until you return the car or check out of the hotel room you stayed in. Invoices for airline tickets are usually issued in conjunction with the itinerary and will be printed as part of the ticket (for paper tickets, on the very last ticket coupon page, on e-tickets, usually below the itinerary portion). Those are your receipts from the airlines – we simply pass them on to you. Receipts for insurance purchases will arrive in an email (forwarded to you by us) in the form of a policy page. Whenever you make a payment on your trip, the policy amount will be updated accordingly to keep you covered and a new policy email will arrive in your inbox. This constitutes your receipt from the insurer. Because receipts come from various sources and because they don’t all arrive at once, — strongly suggests that you keep every Credit Card Authorization form on file as these provide you with the most up-to-date information about every payment you have authorized to date whether or not those amounts were already charged or simply have been authorized by you to be charged later, such as with the car and hotel bookings above.

 

It is the mandatory policy of Making Great Memories LLC , that your reservation is not considered confirmed until you are in the receipt of Making Great Memories LLC reservation confirmation notice. If you have not received this notice within 10 days subsequent to your request for reservations and process of your payments, you must notify Making Great Memories LLC, immediately by email makinggreatmemories87@gmail.com

 

If you have received no communication from Making Great Memories LLC , within 10 business days of emailing paperwork and or forms to us, you must contact Making Great Memories LLC, to ensure your email has been received

 

VI. Disclosure

 

Finally, you will be asked to sign, and return to us, a copy of the ‘Making Great Memories LLC & Global Travelers LLC , TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE & Release of Liability, Waiver, Assumption of Risk, and Mediation/Arbitration Agreement’, as well as the ‘Making Great Memories LLC, TERMS & CONDITIONS/CONSUMER DISCLOSURE NOTICE Regarding Voluntary Participation in Active, Adventurous, and/or High Risk Travel’, both of which will be provided to you, usually at the time of your initial deposit. No forms = No trip. No exceptions. We hope you will understand the reasons for this added bureaucracy, in the context of Travel, and very much appreciate your cooperation in this regard. At Making Great Memories LLC , our clients are our number 1 priority.

 

VII. Cancellation Procedure

 

If you should ever find yourself in the unfortunate situation of having to cancel your trip, you must notify us as soon as you know that you have to cancel, so your cancellation can be processed in a timely manner. Due to a variety of factors – including the possibility that your personal travel consultant may be in a remote adventurous location temporarily, without access to modern telecommunications facilities Making Great Memories LLC , we simply cannot guarantee that any cancellation and/or refund requests received by Making Great Memories LLC  fewer than 14 days before a particular cancellation or refund cutoff date by a supplier, will be processed within the intended deadline. 

 

I acknowledge that I have carefully read the above paragraphs as well as the ‘Trip Reservations and Details’, including the information regarding  Liability waiver, cancellations and refunds , and by signing below I fully agree to all stated conditions therein.

 

 

 

 I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD Making Great Memories LLC,  and its agents, employees, officers, directors, associates, suppliers, affiliated companies, and subcontractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Making Great Memories LLC, and its agents, employees, associates,  suppliers, affiliated companies, or subcontractors. 

 

 

 

THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me.


 

 I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT — HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT


 

. I further agree that any legal dispute involving these travel services is subject to the ALTERNATIVE DISPUTE RESOLUTION CLAUSE herein but that in the event that any legal action shall necessitate the use of a court(s) the action shall be heard only by the courts of Montgomery County, OH  U.S.A. I acknowledge that in calculating the cost of the tour or trip, — has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, — would be unable to offer these services to me. I fully understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 


 

VIII. Photographs

PHOTOGRAPHIC RELEASE: Making Great Memories, LLC may take photographs or video of its trips and trip participants grant Making Great Memories, LLC permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participants.