Terms + Conditions

Terms & Conditions/Consumer Disclosure Notice & Release of Liability, Waiver, Assumption of Risks, and Arbitration Agreement

 

PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL-RELATED SERVICES. PLEASE 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.

 

Scope

 

Turning Tide Travel 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.). Turning Tide Travel LLC,  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, Turning Tide Travel LLC 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 Turning Tide Travel LLC will not be responsible if they are not satisfied.

 

Risks, Cancellation, and Insurance

 

Traveler assumes complete and full responsibility for and hereby releases Turning Tide Travel LLC 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.
 

Turning Tide Travel LLC  shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, the mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, terrorist acts, climatic conditions, so-called "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 Turning Tide Travel LLC 's control.

If travel plans are delayed or canceled for any reason there will be no refunds issued by Turning Tide Travel LLC except in those circumstances where Turning Tide Travel LLC  has issued its own schedule of cancellation, applicable to all or a portion of a booking (whenever such a schedule is issued, it will specifically indicate which trip component(s) it is issued for and it will apply ONLY to the specific trip component(s) indicated). 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 Turning Tide Travel LLC, all of which may be subject to a different set of cancellation policies). You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but Turning Tide Travel LLC  is not responsible for this policy distribution. Clients are responsible for obtaining the applicable policies, either by contacting Turning Tide Travel LLC  and requesting a copy (if available, otherwise it will be verbal delivery) or by consulting the individual suppliers and/or their catalogs. 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.

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It is the traveler’s responsibility to protect their purchases and Travel Insurance is strongly recommended. Traveler is 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.
 

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 a personal emergency.
 

Customer acknowledges that they have been made aware of the benefits of travel insurance and authorize the purchase thereof, or hereby agree to sign the Travel Insurance Refusal form (available from Turning Tide Travel LLC on request) should they for some reason wish to not purchase travel insurance.

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SERVICE FEES

 

To begin work, an initial payment is required (see Research, Planning & Booking Fee below). Once fee is paid Turning Tide Travel LLC  will secure and confirm travel arrangements as agreed. This fee is separate from the cost of the trip.​

 

Service Fee Structure

• Initial Destination Consultation: $0

• Research, Planning & Booking Fee, per country, starting at: $250

• Domestic Air Ticketing Fee, per person: $50

• International Air Ticketing Fee, per person: $100

• Frequent Flyer/ Award Booking Fee, per person: $200

• Car Rental Booking Fee: $50

• Private Transfer Booking Fee, one-way, per mode of transportation: $30

• Group (6 or more people) Research, Planning & Booking Fee, starting at: $350

• Rebooking/Itinerary Change/Emergency Support Fee per day: $200

• Trip Cancellation Fee before final balance is paid: 50% of trip deposit, in addition to supplier penalties. 

• Trip Cancellation Fee after final balance is paid: ​45-30 days prior to departure: 50% of all services penalty, in addition to supplier penalties. Less than 30 days prior to departure: 100% penalty; no refunds will be given. 

• Additional services not listed above may be available upon request, and any corresponding service fees are subject to type of service and complexity. 

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ALTERNATIVE DISPUTE RESOLUTION
 

Turning Tide Travel LLC  desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, Turning Tide Travel LLC has established an alternative mediation program in the event of a misunderstanding or dispute between Turning Tide Travel LLC and it's clients. 
 

If a dispute arises out of or relates to this contract or the 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 Turning Tide Travel LLC  is done on the express condition that: 1. Turning Tide Travel 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. Turning Tide Travel 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 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.

Turning Tide Travel 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 Turnign Tide Trael LLC be responsible for any injuries, death, damages, loss, or delay in any means of transportation or by reason of any event beyond the actual control of Turning Tide Travel LLC 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 Turning Tide Travel LLC to ‘partially escorted/guided’ by Turning Tide Travel LLC or by a replacement escort, to ‘unescorted’ by Turning Tide Travel LLC or by a replacement escort, should circumstances preclude the designated 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  Turning Tide Travel LLC. 

If the contract between Turning Tide Travel LLC  and the passenger, on the one hand, and/or the contract between Turning Tide Travel LLC and the designated carrier, on the other hand, is canceled by the tour operator for any reason whatsoever, all partial or full payments made for the trip will be refunded in their entirety, without any further obligation on the part of the tour operator.

The right is reserved to substitute hotels of a 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 Turning Tide Travel LLC 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 Turning Tide Travel LLC  All rates quoted in the description(s)/itinerary(ies)/brochure(s) 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 or the Trip Reservations and Details from accompanying this disclosure notice.

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Cancellation Policy

To cancel services you must contact us via e-mail at turningtidetravel@gmail.com no less than 45 days prior to your scheduled services. ​Cancellation is subject to a penalty of 50% of deposit. For cancellations made after final balance is paid, the ​following penalties will apply: ​

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45 - 30 days prior to departure:

50% of all services penalty​

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Less than 30 days prior to departure:

100% penalty; no refunds will be given        

 

Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the 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 passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

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Passengers who purchase from within California:

This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; 468 Manzanita Ave., Suite 1, Chico, CA 95926; or by visiting TCRC’s website at: www.tcrcinfo.org.

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Passengers purchasing from outside of California:

This transaction is not covered by the California Travel Consumer Restitution Fund.

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California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.

 

RELEASE OF LIABILITY

Turning Tide Travel LLC  acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with these tours. Such services are subject to the terms and conditions of those suppliers. Turning Tide Travel LLC and their respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default of any company or person in performing these services. Responsibility is not accepted for losses, injury, damages or expenses of any kind due to sickness, weather, strikes, hostilities, wars, terrorist acts; acts of nature, local laws or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided. Turning  Tide Travel LLC  is not responsible for any baggage or personal effects of any individual participating in the tours/trips arranged by Turning Tide Travel. Individual travelers are responsible for purchasing a travel insurance policy if desired, that will cover some of the expenses associated with the loss of luggage or personal effects. 

 

COVID-19 DISCLAIMER AND RELEASE

Before we make or finalize arrangements for your trip, we require that you click “I Agree” on our website. Your click will signify your agreement with the following terms and conditions:
 

1 . Health and Other Hazards: You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regard to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov,  click on "Find International travel Information” then click on "Country Information", and  fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.

 

2. Vaccination Requirements and Other Rules: We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the website of each supplier, and keep checking because these rules are constantly changing, and we are not responsible for those changes.

3. Financial Condition of Travel Suppliers: We are not responsible for the acts or omissions of travel suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the suppliers, and we have no liability for recommending a trip credit in lieu of a refund.

 

4. Rebooking: If requested, we will assist with obtaining any refunds due or rebooking trips using future credits, but we will charge a non-refundable fee for such services.

 

5. Insurance: For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. Please note that, unless you buy a cancel-for-any-reason policy, most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy. 

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6. RELEASE: YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN PARAGRAPHS 1-3 ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES,  GROUP  LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS,  CAUSES  OF  ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS. 

 

7. Claims Deadline and Exclusive Jurisdiction: You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.  You agree that the courts in San Joaquin County, California will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.