TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) are:
BETWEEN: The Next Chapter Travel, LLC (“Agency,” “our,” “us,” or “we”)
AND: You (“you,” “your,” “yourself,” or “Traveler”)
(each a “Party” and, together, the “Parties”).
These Terms become effective upon: (1) your electronic or written signature; or (2) your delivery of payment authorization to us. The Terms will terminate upon completion of your Trip or until terminated earlier in writing by you or us.
These Terms are subject to change at any time, without prior written notice.
DEFINITIONS
“Agency” means us, including our owners, directors, employees, contractors, agents, representatives, and advisors.
“Booking” means a reservation made by Agency regarding your Travel Services.
“Traveler” means you and each traveler on the same Booking.
“Travel Services” means travel products and services provided to Travelers provided by third parties, including air, land, or water transportation, lodging, auto rentals, tours, excursions, entertainment, food and drink services, and similar products and services.
“Trip” means the composite of all Travel Services for which Agency makes Bookings.
“Trip Plan” means the documentation we provide to you with details and pricing regarding your Trip.
TRAVELERS
- By your signature or payment authorization you agree to these Terms, including all payment obligations and cancellation policies.
- You warrant that you are 18 years of age or older and have authority to sign and accept these Terms.
- You will:
- Make all deposits and payments per the schedules and dates set out on the booking page on our website
- Review, remain aware, and remain updated regarding travel warnings relating to your Trip by accessing the U.S. government travel advisory sites set out in these Terms; and
- Otherwise fully comply with your obligations as set out in these Terms.
- If you do not understand any part of these Terms, please contact us in writing to request clarification.
TRAVEL INSURANCE
- We recommend that you purchase comprehensive travel insurance to cover each Traveler.
- If you decline to purchase travel insurance that includes coverage for emergency and medical needs while traveling and coverage for travel delays, you assume all personal risk and financial loss if you cancel your travel or you incur costs or losses during the course of travel.
- You understand that fear of pandemics or epidemics is not covered under some travel insurance policies. Some insurance policies may entirely exclude coverage for pandemics and epidemics.
- Insurance claims will only be paid for matters covered, as stated in the insurance policy.
- You hold Agency harmless: (1) if you elect to not purchase travel insurance; and (2) for denial of any claim by any insurance provider for any reason.
- This clause will survive termination of these Terms.
RATES & INCLUSIONS
- Quoted rates are based on the precise inclusions we provide to you in the Trip Plan.
- Unless rates are specifically itemized on the Trip Plan, such rates do not include other travel costs, fees, or taxes, including:
- Airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or
- Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other personal charges.
PERSONAL INFORMATION
- You consent to Agency and third-party use of your personal information.
- You understand that, as part of Booking any Travel Services, certain personal information may be conveyed to third parties to accommodate your travel.
- Such information includes birth dates, passport numbers, travel dates, and other information needed to secure travel arrangements.
- Agency has no liability regarding the distribution of your information to any third party or such party’s failure to protect your personal information.
- You authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.
RESERVATIONS & PAYMENT
- Traveler payments to Agency in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.
- A purchase of Travel Services is not complete until all deposits and other amounts due have been paid and processed and you receive a written Booking confirmation.
- If you do not make payments by their due date, your Bookings may be canceled in whole or part, which may result in deposits or previous payments becoming NON-REFUNDABLE.
- Agency reserves the right to cancel your Bookings in whole or part if Agency does not receive full payment for such Bookings in Agency’s sole discretion.
- Subject to Agency terms, initial deposits will be non refundable after the date indicated at time of booking.
- A deposit refund date will be indicated at the time of booking and may be different for each trip.
CHANGES & CANCELLATIONS
- NO REFUNDS will apply to any canceled, unused, or partially used Travel Service.
- We reserve the right to modify or cancel any Booking or Trip at any time if minimum occupancy requirements are not met.
- Notwithstanding the above, you agree to the following cancellation policies as indicated at the time of booking.
Cancellations may be made only up until the non-refundable deposit date which is indicated at the time of booking and is unique to every trip. Once the deposit is no longer refundable the trip is no longer able to be canceled.
NO SHOWS
- Failure to travel or show up for any Booking is considered a “no show.”
- No show penalties will equal amounts up to the entire cost of travel.
REFUNDS, CHARGEBACKS, AND ADJUSTMENTS
- You will deliver to Agency in writing any claim for refund or adjustment.
- Full details and proof of payment documentation must accompany all claims.
- You may not be entitled to a refund if you change or cancel your travel plans after: (1) a confirmation of a Booking; or (2) payment for a Booking, unless otherwise noted on our website at time of payment.
- You may not receive refunds if you cancel any Booking as a result of actual, threatened, or fear of potential terrorist events, political unrest, pandemic or health concerns, or similar circumstances.
- You will not initiate, and you waive any right to, a chargeback for any reason, including any force majeure event, except in the case of fraud.
- Before initiating a chargeback relating to any Booking, you will first attempt to resolve any fee dispute directly with us in writing.
- If you attempt a chargeback, reverse charge, or refund of any payment without our prior written authorization, we reserve the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including attorney’s fees and legal costs.
- This clause will survive termination of these Terms.
ACCOMMODATIONS
- If a property has air conditioning, elevators, restaurants, bars, fitness facilities, pools, spas, or other such amenities, they are not guaranteed to be operational or available during your stay.
TRAVELER CONDUCT
- You are responsible for any damage or loss caused by your acts, errors, or omissions.
- You are responsible for full payment for any such damage or loss directly to any third-party provider of any Travel Services or related goods or services.
- You indemnify Agency for all amounts of any claim made against Agency, including attorney’s fees and other legal costs, relating to Traveler acts, errors, or omissions.
- Agency is not responsible for any costs relating to Traveler conduct, Traveler removal from any Travel Services, in whole or part, based on Traveler negligence, willful misconduct, or otherwise.
- You agree not to hold Agency, its owners, directors, employees, agents, or representatives accountable for any claims arising from Traveler acts, errors, or omissions.
- Any Authorized Party (defined below) may, in its sole discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes:
- You are a danger to yourself or any other participant;
- You have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party; or
- You do not follow any rule, procedure, or instruction of an Authorized Party.
- If you are subject to any determination of an Authorized Party described above:
- You may be left at any location, city, port, or place any mode of transport stops;
- You will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation;
- You will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and
- No Authorized Party will have any direct or indirect liability of any kind relating to Traveler acts, errors, or omissions.
- “Authorized Party” means any third party, including its owners, directors, employees, agents, and representatives, who provides to you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, tour director, group leader, or crew member.
DISABILITIES & SPECIAL NEEDS
- If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Agency in advance of Booking.
- If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges.
- Airlines and other carriers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate.
- If you travel with a service animal or third parties may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
- Countries outside the United States and Canada often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs.
- Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs.
- Please consult your health provider prior to planning or Booking your travel.
- Agency will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs.
- However, Agency is not responsible for the failure of any third party to meet Traveler needs and expectations.
FOOD ALLERGIES
- If you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Agency in advance of Booking.
- If any Traveler has Food Allergies, each such Traveler:
- Acknowledges the possibility of an elevated risk of reactions, delays, or disruption regarding your travel; and
- Has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to, during, and following your travel.
- You will not pursue credit card chargebacks relating to Food Allergies.
RISK ACTIVITY
- If you engage in any activity that may involve any risk of harm to your own or another person’s health or well-being, damage to property, or costs relating to such activity (collectively, “Risk Activity”), you are solely responsible for your decision to engage in, and your involvement with, such Risk Activity.
- You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity.
- You will not pursue any claim against Agency relating to any Risk Activity.
- You release Agency from all liabilities relating to any Risk Activity.
- Risk Activity includes any activity, or travel to any location, which can reasonably be regarded as inherently dangerous, hazardous, or otherwise having the potential to result in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death of any person.
ILLNESS & INJURY
- If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required.
- In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements.
- You will not cause a delay or interruption regarding any Trip or otherwise burden other Travelers in your Group.
- You release Agency and other Travelers in your Group from any liability relating to your illness, injury, missed flights or connections, travel delays, or unused Bookings.
BAGGAGE & PERSONAL ITEMS
- You are solely responsible at all times for your baggage and personal items, including items acquired during your travel.
- Agency is not responsible for any damage, loss, delays, or other matters relating to such baggage and personal items.
TRAVELER IDENTIFICATION & 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;
- Date of birth;
- Gender; and
- Redress number (if available).
- The name of Travelers on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.
- 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 or non-matching information.
- Updated information regarding security measures and air travel requirements are available at https://www.tsa.gov/. We strongly recommend that Travelers check this website well before travel.
- All U.S. citizens traveling to or from any international destination must have a valid passport, which must be valid for at least six months beyond Traveler’s date of return.
- Travelers are responsible to confirm and obtain in advance travel documentation required by any third party, including requirements based on Traveler status, country of origin, destination country, and stops in any other countries.
- Travelers are responsible to confirm and comply with up-to-date entry and exit requirements of any jurisdiction relating to Travel Services.
- NO REFUND will be issued for any costs or losses incurred as a result of Traveler’s failure to obtain or provide any authorization or documentation required by any third party.
PASSPORTS, VISAS, AND DRIVER’S LICENSES
- You are responsible to be familiar with the laws and rules governing any travel to any country.
- You are responsible to determine the documents needed, to acquire such documentation, and to ensure your passport is up to date and valid to enter or exit any country.
- Agency is not responsible for your failure to hold visas or other required documentation to enter or exit any country.
- Agency is not responsible for determining the validity of your passport or any other travel document to enter or exit any country.
ENTRY REFUSAL
- Countries may restrict entry for persons with criminal records.
- You are responsible for understanding all destination entry laws and for knowing if you or anyone in your party has a criminal record.
- Agency does not inquire into Traveler criminal records in the interests of privacy.
- Refusal of entry will not be a justification for cancellation of Travel Services, chargeback, or refund.
PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES
- You are solely responsible for being aware of any restrictions relating to pandemics, epidemics, and other travel advisories.
- You warrant that you have reviewed and understand all U.S. Center for Disease Control (CDC) and U.S. Department of State travel advisories, notices, warnings, restrictions, and rules, including those regarding pandemics, epidemics, COVID-19, and other health threats.
- You are aware that certain countries, including the United States, may require testing and quarantine upon entering the country, as well as testing and quarantine upon returning to the United States or your country of residence.
You understand destination countries may have limited availability of tests required for return to the United States.
- Screening procedures and restrictions may take place at airports and in public areas.
- Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.
- You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter or exit your destination as planned.
- Travelers, including U.S. Citizens, agree to refer to current CDC guidelines, country-specific guidelines, and requirements regarding health and medical testing and documentation requirements.
- If you fail to comply with current regulations or provide any required testing results or documentation, you may be denied boarding, entry, or return to the United States or your country of residence.
- You are responsible for continually checking the latest CDC and State Department travel advisories, which can be navigated via the following links:
- CDC and other governmental notices and policies may change before your travel, during your travel, and after you return from travel.
- Agency has no responsibility regarding Traveler medical testing or documentation.
- You understand the inherent risks of choosing to travel.
- You accept the risks set out above and hold Agency harmless against any travel restrictions, death, illness, cancellations, financial loss, quarantining rules, or measures put in place at airports or destinations you travel through.
- You hold Agency harmless for any financial penalties or fees imposed by any third party relating to cancellations or postponements relating to COVID-19, pandemics, epidemics, natural disasters, accidents, or disturbances, or any similar events.
- You agree not to pursue any credit card chargeback, refund, or legal action against Agency regarding such penalties or fees.
RESTRICTED PRODUCTS & MATERIALS
- You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding restricted products and other materials, including laws regarding the possession or use of animals and animal products; plants, fruits, vegetables; soil; cultural artifacts; alcohol; firearms and ammunition; knives and cutting instruments; weapons; explosives; and any other restricted or illegal products or materials.
- You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding illegal drugs, substances, and paraphernalia, including prescription or over-the-counter products that may be restricted in some jurisdictions but unrestricted in others (“Drugs”).
- Local laws may require you to carry medical prescriptions from a qualified physician.
- Any possession or use of Drugs may result in immediate termination of Travel Services, as well as prosecution by agents or officers of any government authority.
HAZARDOUS MATERIALS
- All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft in their baggage or on their person.
- Violations can result in up to 10 years of imprisonment and significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/).
- Examples include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals.
- Special exceptions apply for small quantities (up to 70 ounces total) of medical and toilet articles carried in your baggage and certain smoking materials on your person.
- Restrictions on hazardous materials are listed at: https://www.tsa.gov/
Some foreign airports require treatment of passenger cabins with insecticides prior to or during flights.
- The U.S. Department of Transportation lists such requirements at: https://www.transportation.gov/
- You are responsible for understanding and complying with all requirements regarding hazardous materials and insecticides.
You are responsible for confirming with your airline or other travel provider regarding your itinerary and applicable rules.
LIMITATION OF LIABILITY
- We arrange Travel Services, which are provided and controlled by third parties who are separate from and independent of us.
- We have no management or control over third-party providers, including their staff, representatives, facilities, equipment, products, or services.
- We make no representation or warranty, express or implied, regarding the value, quality, suitability, or safety of Travel Services.
- We have no responsibility or liability to you for Travel Services.
Third-party providers have sole responsibility and liability to you for their respective Travel Services.
- We have no liability to you for any claim of damage or loss arising from any act or omission, negligent or willful, of any third party or Traveler, including:
- Any damage to or loss of property;
- Any physical, emotional, or mental injury or death;
- Any cost, inconvenience, disruption, or delay;
- Any cancellation, bankruptcy, or cessation of operations; and
- Any misrepresentation or criminal act.
- We have no liability to you for any indirect, incidental, consequential, punitive, special, or exemplary damages under contract, tort, or other theory of liability, even if we become aware of the possibility of such damages.
- If any decision-making authority awards you damages against us in law or equity, such damages will be limited to the total commissions we collect for making your Bookings.
- Our entire liabilities are as stated in these Terms. All other representations and warranties—express or implied, by statute, law, or otherwise—are excluded.
- This clause will survive termination of these Terms.
INDEMNITY
- You agree to indemnify and hold harmless Agency from all claims, damages, losses, and costs, including attorney’s fees and legal costs, arising from any breach of these Terms or any act or omission, negligent or willful, by an Indemnifying Party.
- This clause will survive termination of these Terms.
FORCE MAJEURE
- No failure or delay in the performance of any obligation under these Terms will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of Agency.
- Force majeure includes acts of God, floods, weather conditions, fires, explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, or civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays or other events.
- Agency is not liable to you and cannot guarantee any refunds caused by delay or non-performance under these Terms, if such delay is due to any force majeure.
- If any third party is affected by any force majeure, they may, in their sole discretion, vary or cancel any itinerary or arrangement in relation to your travel without notice. In such cases, when feasible, Agency will attempt to obtain refunds from the affected third party. If a refund is obtained, Agency will pass that refund along to you, less a 15% administrative fee.
- If an accident occurs and you seek assistance from us, you will be responsible (financially and otherwise) for all alternative travel arrangements.
GENERAL
- Amendments. These Terms may be amended only in writing by Agency.
- Assignment. You may not assign any right or obligation under these Terms without Agency’s prior written consent, which will not be unreasonably withheld or delayed.
- Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or Agency. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
- Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.
- Relationship of Parties. These Terms do not create an agent relationship, legal-entity partnership, joint venture, or employment relationship between or among the Parties. You have no authority to bind Agency or incur any obligation on Agency’s behalf.
- Notices. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided for purposes of notice.
- Consent. Acceptance of these Terms may be confirmed in writing, digitally, or electronically, including clickwrap, sign-in-wrap, or other active or passive electronic confirmation. Any counterparts created will constitute a single original document.
- Conflicts. If any conflict arises between these Terms or travel documents prepared by Agency and third-party terms, these Terms or travel documents prepared by Agency will control. If any conflict arises between these Terms and travel documents prepared by Agency, the latter will control.
- Headings. The Parties intend that headings in these Terms are included for convenience, are not a part of the Terms, and will not be used to interpret the Terms.
- Text. The Parties intend that: (1) no text in these Terms will be construed against the interests of either Party as author; (2) “includes” and “including” are without limitation; and (3) all text in these Terms is conspicuous.
- Termination. Upon termination of these Terms, each Party’s rights and obligations will cease immediately, but termination will not affect: (1) either Party’s rights and obligations accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to survive termination or by a reasonable reading of its context will survive its termination.
- Governing Law. These Terms are governed exclusively by the laws of the Commonwealth of Virginia, without regard to conflict-of-law provisions.
- Dispute Resolution. If any dispute arises under these Terms, the Parties will use all reasonable efforts to resolve the dispute informally through direct communication.
- Courts. If the Parties are unable to resolve a dispute through informal discussions, any claim arising from these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Virginia.
- Equitable Relief: Either Party may seek injunctive or other equitable relief to remedy any actual or threatened breach of these Terms.
- Further Assurances. The Parties will perform any additional acts as necessary to effect these Terms and will address together in good faith any unforeseen issues that arise under these Terms with a view to mitigating any material adverse impact on either Party.
- Entire Agreement. These Terms, together with any Travel Services Agreement between the Parties, represent the entire agreement and supersede all prior agreements between the Parties, written or oral, express or implied, regarding their subject matter.