CONSUMER
DISCLOSURE NOTICE
[PART OF CONTRACT
OF SERVICE with Buenaventura travel]
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.
Buenaventura
Travel (herein "Travel
Agency") is acting as a mere agent for SUPPLIERS (identified
on the accompanying 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 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 Corporation will not be responsible if they are not
satisfied.
Risks,
Cancellations and Insurance
Traveler assumes
complete and full responsibility for, and hereby releases
Buenaventura Travel 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. It is the passenger’s responsibility to have
proper passports or government issued IDs where permitted. For
information concerning possible dangers at international
destinations, contact the Travel Advisory Section of the U. S.
State Department, (202) 647-5225, or access the
State-Department's on-line travel advisory service
http://travel.state.gov/travel/warnings.html.
For medical information, call the U. S. Centers for Disease
Control (CDC), (404) 332-4559 or log on to
www.cdc.gov./travel.
Buenaventura
Travel 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, terrorists acts,
bankruptcy or cessation of supplier or carrier services,
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 Buenaventura Travel’s control.
If travel plans
are delayed or cancelled for any reason there will be no refunds
issued by Buenaventura Travel. There will be no refunds
for cancellations made 90 days or less before departure,
including cancellations due to actual or threatened terrorist
events. There will be no refunds due to fear of travel from
actual or threatened terrorists events.
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 personal emergency.
ALTERNATIVE DISPUTE RESOLUTION
The
International Forum of Travel and Tourism Advocate’s (IFTTA)
clause For Travel Agent and Tour Operator Contracts
Mediation and Arbitration
Buenaventura
Travel desires to maintain
friendly relationships with its clients (agents, sellers,
buyers, etc.). In order to provide for a mutually beneficial
relationship, Buenaventura Travel has established an
alternative mediation program in the event of a misunderstanding
or dispute between Buenaventura Travel 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.