Booking Terms & Conditions
These terms and conditions (“Agreement”) govern the relationship between
Neon Expeditions LLC, an independent travel advisor (“Travel Advisor” or “we”) on one side and you,
the purchaser of travel services or lead traveler (“Client” or “you”) on the other.
1. Use of Travel Advisor’s Services
You represent and warrant that:
- You are at least 18 years of age and are authorized to enter into this Agreement and
make travel bookings with Travel Advisor;
- If you are booking travel for a minor, you are the minor’s parent or legal guardian or
otherwise have authority to act on the minor’s behalf;
- The information you provide (whether for you or on behalf of others) is true and
accurate, and you will continue to provide updated information throughout your engagement with Travel Advisor;
- You will abide by the terms and conditions of this Agreement and any terms and
conditions of our travel suppliers or partners that are applicable to your booking; and
- You will share this Agreement with all other travelers in your party, and you are
authorized to accept its terms on their behalf.
2. Independent Travel Advisor
Travel Advisor is an independent travel advisor of
Fora Travel, Inc. (“Fora”) and operates its own separate travel business. Client understands and
agrees that: (i) Travel Advisor is not an agent, representative or employee of Fora; (ii) Fora is a technology
provider and host agency, not a travel service provider; (iii) Client will have no claim against (nor will Client
file any claim against) Fora for losses or damages resulting or arising from the provision of services by Travel
Advisor; and, (iv) notwithstanding anything to the contrary in this Agreement or otherwise, Fora is not a party to
this Agreement for any purpose. Client expressly waives any claims, demands, or causes of action against Fora
arising from or relating to any travel arrangements, advisor services, cancellations, disputes, or any other matters
related to this Agreement.
3. Services; Planning Fees
- Travel Advisor will provide Client with travel planning services, which may include
researching and booking travel arrangements such as accommodations, transportation, activities and tours based on
Client’s preferences and budget, as well as any other services agreed to by the parties in writing.
- Travel Advisor may charge a planning fee for its services, which will be mutually
agreed with Client in writing. Any planning fees charged are 100% non-refundable and due before
Travel Advisor begins work on an itinerary.
4. Suppliers; Client’s
Responsibility
- Travel Advisor’s role is to make travel reservations for the Client upon request and
to act as liaison between Client and travel suppliers, ensuring the itinerary runs smoothly.
- Client acknowledges that the suppliers whose names appear in travel documentation are
those actually responsible for providing the travel services purchased and that travel documents may be issued by
third party booking channels selected by Travel Advisor. Client consents to the use of the suppliers disclosed to
Client and is responsible for due diligence of the suppliers chosen by Client or the traveler and quality of their
services. Client agrees that the Travel Advisor will not be responsible if the Client is not satisfied with the
final choices.
- Travel Advisor makes no guarantee of a supplier’s rates, bookings, quality of
services, or special requests. Each supplier is an independent entity with its own management and is not subject
to Travel Advisor’s control. Travel Advisor bears no responsibility for any changes, delays, alterations,
modifications or cancellations of an itinerary or booking made by a supplier, other third party or due to force
majeure and does not cover associated costs.
- Supplier Terms; Order of Precedence. Each supplier has its own terms
and conditions, including fare rules, payment and deposit schedules, baggage policies, resort and property rules,
and cancellation, change and refund rules. Those supplier terms are binding on Client in addition to this
Agreement. Travel Advisor will provide links to, or copies of, supplier terms on request or where reasonably
available. To the extent a supplier’s terms conflict with this Agreement with respect to that supplier’s travel
services, the supplier’s terms control. Travel Advisor is not responsible if a supplier’s terms or policies change
after booking.
5. Travel Bookings
- Rates: All quoted prices are in USD unless otherwise indicated and
are subject to change without notice. You understand and agree that many suppliers employ dynamic pricing and
prices are based on several factors, including demand and availability. Prices cannot be guaranteed until the
applicable service is booked and the deposit, if applicable, is received. Unless expressly itemized in Client’s
written quote, proposal or invoice, quoted prices do not include any other cost, including but not limited to
travel insurance, passports and visas, resort or destination fees, city or tourist taxes, gratuities, incidentals,
and optional activities.
- Currency Fluctuations: Client is aware that there may be currency
fluctuations that may affect the final amount due for the Client’s reservations.
- Confirmed Bookings: All bookings are subject to availability and
confirmation by Travel Advisor.
- Personal Information: Client authorizes Travel Advisor’s use of
Client’s personal information for bookings, airfare/airline tickets, tours, cruises, restaurant reservations and
any other services requested by the Client.
- Payment: Client will pay for all travel services promptly when due by
paying the supplier directly or, if directed by Travel Advisor, by paying Fora who will process the payment on
behalf of a supplier.
- Deposits; Final Payment; Late Bookings: Payment schedules will be set
out in Client’s proposal, invoice or booking confirmation and vary by supplier. A deposit may be required to
secure a reservation and may be non-refundable under the applicable supplier’s rules. Final payment is due by the
date specified; failure to pay by that date may result in cancellation by the supplier and the partial or complete
loss of amounts already paid. For bookings made close to departure, payment in full may be required before Travel
Advisor can confirm the booking.
- Credit Card Authorization; Disputes and Chargebacks: You may choose
to keep a credit card on file with Travel Advisor which Travel Advisor may charge for any travel services and
associated amounts that are expressly authorized by you. You further certify that you are an authorized user of
any credit card provided to Travel Advisor. Cardholder details are collected through Fora’s secure systems and are
not accepted by email or text message. Card credentials are stored by Fora and its payment providers. Travel
Advisor accesses those credentials solely to transmit payment information for bookings and services Client has
authorized, and does not retain full card numbers or security codes outside Fora’s systems. Charges are processed
by the applicable supplier or its payment processor, or by Fora where Fora remits payment on a supplier’s behalf.
Any planning fee charged under Section 3 is processed by Fora. Client may be asked to sign a separate payment
authorization form that identifies the card by brand and last four digits, describes the trip, itemizes the
deposit, final payment and any other authorized charges, and references this Agreement and the applicable supplier
terms. Travel Advisor may decline to secure or ticket travel until any required authorization is signed and
payment is collected. YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE
ANY BOOKING TERMS AND CONDITIONS OF TRAVEL ADVISOR OR OUR TRAVEL SUPPLIERS OR PARTNERS, INCLUDING CANCELLATIONS OR
CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND OUR CONTROL, UNLESS THE PRODUCT OR SERVICES PURCHASED WERE
NEVER PROVIDED OR GROSSLY MISREPRESENTED. You agree to notify Travel Advisor immediately if any products or
services purchased are not as expected and to give Travel Advisor a reasonable opportunity to assist in finding an
acceptable resolution with the supplier responsible for providing the product or services. Your notice under this
subsection (g) must be given in writing. You authorize Travel Advisor and Fora to provide your signed payment
authorizations, booking confirmations, invoices and this Agreement to your card issuer as evidence that you
authorized the transaction. Nothing in this Agreement waives your statutory rights under applicable consumer
protection law, including any rights relating to chargebacks or card disputes.
- Fees from Independent Travel Arrangements: Travel Advisor is not
responsible for costs and fees incurred for travel arrangements made independently of Travel Advisor.
- Nonrefundable Bookings; Modifications and Cancellation Fees: Client
understands and agrees to all terms and conditions of suppliers from which it has purchased travel services, and
that Client is subject to the deposit, cancellation, modification and refund policies of each individual supplier.
Client also agrees to provide Travel Advisor with a minimum of 48 hours’ notice by email for
Travel Advisor to effect any cancellation or modification requests. Travel Advisor will not be liable for any
penalties imposed on Client due to untimely requests by Client. Client further agrees that to the extent Travel
Advisor incurs any fees or expenses because of modification or cancellation of a booking, such costs and expenses
will be passed on to Client.
6. Travel Insurance
Travel insurance is not included unless expressly stated and purchased by
Client. Travel insurance can protect against supplier issues, delays, cancellations, medical emergencies, lost
luggage, and more. Proper insurance helps safeguard against financial loss in most situations. Without appropriate
travel insurance, you understand and agree that if you cancel your travel or your trip is interrupted for any
reason, Travel Advisor and travel suppliers’ cancellation penalties will apply resulting in the loss of monies up to
the full cost of Client’s travel booking and related costs.
7. Government Identification and
Travel Advisories
- Denial of Entrance. You understand that Travel Advisor is not
responsible for the denied entry into any country for any guest and that all guests are responsible to ensure that
they have all the proper documents for entry. All names on documents must match the legal name on the guest’s
photo I.D., and travel document information must match tickets. You understand that minors unaccompanied by birth
parents will need a permission letter for travel outside the U.S. and any travelers with criminal convictions may
be denied entry to certain countries, including Canada. Each guest is responsible for determining if issues are
present with the immigration/customs process into a foreign country. BEING DENIED ENTRY FOR ANY REASON MAY RESULT
IN A COMPLETE FINANCIAL LOSS ASSOCIATED WITH YOUR TRIP AND DOES NOT ENTITLE YOU TO ANY REFUND.
- Passports. You understand that a passport is required for
international travel, including for children & babies and that for some countries (including Mexico, Costa
Rica, St. Lucia, Europe) passports must be valid 6 months after the date of travel. Additionally, a visa may be
required by applicable government regulations. WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY
TO ENSURE THE INFORMATION IS CORRECT. Travel documents may be issued electronically or physically, including
e-tickets, vouchers and app-based documents, and Client is responsible for downloading, retaining and traveling
with all required documents. Travel Advisor is not responsible for losses resulting from Client’s failure to
review or retain travel documents, or from incorrect information supplied by Client.
- Traveling with Minors. Children and infants may also require travel
documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless
authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov for additional information. Parental
or legal guardian consent must be provided to the supervising adult or group leader in writing.
- Travel Advisories. Travel to certain destinations or during certain
times may involve greater risk than others (especially as it relates to COVID-19/other communicable diseases and
evolving geopolitical tensions). Changes in travel advisories (i.e., government-issued warnings, recommendations
or notices regarding safety, security, health risks or other travel-related concerns in certain destinations)
shall not supersede the cancellation and refund policies of travel suppliers or partners. Client acknowledges that
unless they have applicable travel insurance coverage, changes to travel advisories or personal concerns,
including anxiety or discomfort regarding a destination, do not entitle you to a refund, credit, or other
compensation. It is your responsibility to review and understand travel advisories issued by the United States and
the destinations you will be visiting. Travel Advisor does not represent that travel to locations, even locations
for which it provides services to, is advisable or without risk. CLIENT’S PARTICIPATION IN ANY TRAVEL CONSTITUTES
ACCEPTANCE OF SUCH RISK.
8. Liability; Damages; Force
Majeure
- TRAVEL ADVISOR ACTS SOLELY AS AN AUTHORIZED SELLER FOR DISCLOSED TRAVEL SUPPLIERS AND
PARTNERS AND HAS NO CONTROL OVER THEIR OPERATIONS. THEREFORE, TRAVEL ADVISOR IS NOT LIABLE FOR PERSONAL INJURY,
PROPERTY DAMAGE, OR ANY ISSUES ARISING FROM THESE TRAVEL SUPPLIERS’ AND PARTNERS’ SERVICES. THIS INCLUDES, BUT IS
NOT LIMITED TO, LIABILITY FOR ACTS, ERRORS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, SERVICE FAILURES,
CANCELLATIONS, REFUND POLICIES, PRICE CHANGES, BANKRUPTCY, OR OPERATIONAL CESSATION. TRAVEL ADVISOR DISCLAIMS ALL
LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE GOODS OR SERVICES PROVIDED BY
THESE SUPPLIERS, AND YOU AGREE TO RELEASE TRAVEL ADVISOR FROM ANY SUCH CLAIMS.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRAVEL ADVISOR HAS SOLELY RECEIVED
COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TRAVEL
ADVISOR WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY TRAVEL ADVISOR.
- Client agrees to release, indemnify, defend and hold harmless Travel Advisor, Neon
Expeditions LLC, and their owners, members, employees and independent contractors from and against any claims,
losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to
Client’s acts or omissions, Client’s breach of this Agreement, or the acts or omissions of any traveler on
Client’s booking, except to the extent caused by Travel Advisor’s own gross negligence or willful misconduct and
except where prohibited by law.
- Travel Advisor is not liable for any failure or delay in fulfilling obligations under
this Agreement due to causes beyond its control, including natural disasters, accidents, civil unrest, war,
terrorism, pandemics, equipment failures, government actions, or other unforeseen events. THE PURCHASE OF TRAVEL
INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
9. Privacy
Travel Advisor collects and uses Client’s personal information only as
needed to provide travel planning and booking services, to share necessary information with suppliers and Fora, and
to comply with legal and regulatory requirements. Travel Advisor’s privacy practices are described in the
Gabe Travels Privacy Policy, available at: https://www.gabetravels.com/privacy-policy. By using Travel Advisor’s services, Client
consents to the use and sharing of Client’s information consistent with that policy.
10. General
- Modifications. Travel Advisor reserves the right, in its sole
discretion, to amend this Agreement at any time.
- Governing Law; Venue. The laws of the State of Pennsylvania govern
this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Mars, Pennsylvania in all
disputes arising out of or relating to travel bookings with Travel Advisor.
- Third Party Beneficiaries: This Agreement is for the sole benefit of
Travel Advisor and Client and their respective successors and assigns. Nothing in this Agreement, express or
implied, is intended to or shall confer any rights, benefits, or remedies upon any person or entity other than the
parties to this Agreement.
- Timeliness; Claims; Class Action Waiver. Any claim against Travel
Advisor must be brought within 12 months after the date of the completion of the trip and not later. TRAVEL
ADVISOR SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OTHER THAN COMPENSATORY DAMAGES, AND YOU WAIVE ANY RIGHT TO
CLAIM PUNITIVE OR EXEMPLARY DAMAGES. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT
AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS ACTION, PROPOSED OR PURPORTED CLASS ACTION, OR OTHER REPRESENTATIVE
ACTION, REGARDLESS OF THE TYPE OF PROCEEDING.
- Severability. If any provision of this Agreement is determined to be
invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions shall remain in full force and
effect and shall be construed in a manner that best achieves the original intent of the parties.
- Headers. Headings are for convenience only and “including” and
similar terms are to be construed without limitation.
- Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof.
- Acceptance. By executing this Agreement, you hereby consent to the
terms and conditions set forth herein.
- Refusal of Service; Termination. Travel Advisor may decline to
provide services or terminate the relationship where there is abusive or inappropriate behavior toward Travel
Advisor or its personnel, suspected fraud or misuse of a payment method, or repeated failure to comply with this
Agreement or supplier rules. Termination does not relieve Client of amounts already owed or of supplier
cancellation penalties.
- Notices; Contact. Any notice, request or written confirmation
required under this Agreement must be sent to Travel Advisor at the address below. Travel Advisor will send
notices to the email address Client most recently provided.
Gabe Travels / Neon Expeditions LLC
P.O. Box 744
Warrendale, PA 15095
United States of America
[email protected]