FAVORITE DAY ADVENTURES, LLC

STANDARD TERMS AND CONDITIONS

By choosing Favorite Day Adventures, LLC (“FDA”) for your travel planning needs, users of our services (“Client”) signify agreement, and the agreement of his or her fellow booked guests traveling together (the “Travel Party”), to the following Standard Terms and Conditions (the “Terms”):

1. Role of Agency  FDA acts as agent for the airline, cruise line, hotel, car rental agency, ground transportation provider, tour operator, travel insurer or other travel service supplier (each, a “Supplier” and collectively, “Suppliers”) offered to Client by FDA. . FDA agrees to make the travel arrangements and reservations as instructed by the Client (collectively, the “Travel Services”). Further, FDA acts solely in the capacity of agent and is not the provider of the travel services offered, and as such FDA is not responsible for the acts and/or omissions of Suppliers.

2. Supplier Terms and Conditions. All Travel Services (including reservations and fares) arranged by FDA are subject to availability and change without notice. Each Supplier has its own terms and conditions that will supplement or supersede these Terms. Client acknowledges receipt of the terms and conditions of each Travel Supplier from whom Client has purchased Travel Services and agrees to abide by all such terms and conditions, including without limitation each separate Travel Supplier’s refund and cancellation policy.

3. Payments

a. Price Quotes. Prices for travel services are set by the Supplier or other provider of the services in question, are subject to availability and are subject to change without notice. Price quotes communicated to Client by FDA are not considered firm or guaranteed until either a deposit or full payment is received from Client. Airline ticket quotes generally exclude the cost of any desired ancillary services such as checked baggage, priority boarding and seat selection. Quoted hotel room rates may exclude any applicable resort or destination fees.

b. Currency. Unless otherwise indicated to the contrary, prices are quoted in United States Dollars (USD). Prices quoted in a foreign currency (EUR, GBP, JPY, etc.) are subject to exchange rate fluctuations when paid in USD or a different foreign currency. 

c. Deposit/Payment Schedule.Suppliers set their own payment schedules. Deposits are required to be paid in full at the time of booking, and all subsequent payments must be made in full and on time in accordance with the schedule. Failure to make timely full payments may result in cancellation of the itinerary and/or loss of the deposit and any other amounts paid to Supplier.

d. Credit Card Authorization. Client expressly authorizes Agency to charge the credit card that Client provides to the Agency for Client’s initial trip deposit, or any additional card which may be provided, for all subsequent installment or final payments due to Suppliers, as well as any agreed-upon professional service fees due to Agency unless paid to FDA by other means. 

e. Errors in Pricing.Agency makes all reasonable efforts to ensure accurate pricing information is communicated to Client. However, despite these efforts, errors do occur on occasion. In such cases, the responsible party reserves the right to correct the erroneous pricing. Furthermore, Agency is not responsible to honor any erroneous price or otherwise liable to Client for errors attributable to Supplier mispricing

f. Chargebacks, Voids, and Reversals. Except in cases of documented fraud, Client agrees not to file any dispute with any financial institution to avoid or violate any Terms herein or any Supplier Terms. FDA reserves the right to collect from Client any and all additional costs, fees, and expenses, including attorney’s fees, incurred by FDA associated with any chargeback or other reversal of a previously authorized payment, without limitation.   

g. To the extent Client authorizes FDA to charge all amounts due to Client’s payment card(s), Client hereby grants to FDA a special, and limited, power of attorney to sign or execute on Client’s behalf, and in Client’s name, any form, including Universal Credit Card Charge Forms, and the like in connection with such charges.

4. Air Ticketing Debit Memo Liability. Airlines strictly prohibit certain booking practices such as those involving so-called “throw away” tickets or “hidden city” itineraries which can result in Agency’s liability to the airline in the form of a debit memo. A ticket is classified as a “throw away” when a round trip ticket is purchased at a lower cost than a one-way fare and the return ticket is unused. A “hidden city” itinerary is one where the traveler books a ticket to a destination beyond where they actually intend to go, again to secure a lower fare. Agency recommends Client review airline policies to avoid requesting the booking of a prohibited ticket. Agency reserves the right to seek reimbursement from Client for bookings made at Client’s direction that violate airline policies and result in liability to the airline.  

5. Changes, Cancellations and Refunds.

a. Cancellation requests must be submitted to FDA in writing.

b. The Supplier’s own terms and conditions will dictate under what circumstances, if any, changes to existing bookings may be made by Client. Where changes are permitted, fees may apply, in addition to any price differential between the travel as originally booked and the revised itinerary.

c. Refunds, if any, in connection with a cancelled booking will be made in accordance with the Supplier’s own policy, over which FDA has no control or responsibility. In some cases, cancellation by Client may result in forfeiture of the entire deposit or the full price paid for the travel. 

d. Unless otherwise required by applicable law, FDA will not issue a refund of any Supplier payments on behalf of Supplier should travel plans be delayed, canceled, or changed for any reason. All authorized refunds, if any, will come directly from Suppliers and not from FDA, per 5c above.

6. Supplier Schedule Changes. Suppliers generally have broad discretion to revise or cancel travel itineraries for convenience or as may be reasonably necessary. For example, an airline may significantly delay a departure time, or cancel outright, a scheduled flight. Entitlement to a refund or other compensation, if any, in such cases shall be determined in accordance with the Supplier’s own terms and conditions and any applicable governing law. Under no circumstances shall FDA be liable to Client for any monetary or non-monetary damages incurred in connection with any schedule change or cancellation imposed by a Supplier. 

7. Travel Requirements.

a. Client is solely responsible for ensuring that:

i. The information supplied by Client, including information about each member of the Travel Party, is true and accurate, including, but not limited to full legal names, birthdates, and passport and/or visa information;

ii. Any pre-existing medical conditions or disabilities that may affect a person’s ability to travel without assistance, or otherwise require accommodation, are disclosed at the time of booking so FDA can consider the suitability of arrangements and communicate requests to Suppliers as needed. Such requests are not guaranteed and may require a travel companion, at the expense of the traveler, to provide necessary assistance. 

iii. Each member of the Travel Party fulfills applicable passport, visa, identification, documentation, and other immigration requirements. Client should consult with the relevant embassies or consulates to confirm applicable immigration and visa requirements;

iv. Each member of the Travel Party complies with customs and regulations, health requirements, and applicable laws and regulations and the payment of all applicable taxes, duties, and/or costs.

b. Required Travel Documentation.

i. Government issued photo identification is required for all travelers. State-issued identification must be REAL ID compliant to board domestic US flights and access certain federal facilities. It is the Client’s responsibility to ensure his/her identification meets this requirement. Travelers unsure as to whether their identification is REAL ID compliant should check with the issuing state’s department of motor vehicles or visit www.tsa.gov/real-id. 

ii. Valid passports are required for all international travel. Some countries will not admit visitors if their passport expires within six (6) months of the date of entry. Some countries additionally require a visa as a condition of entry. Client is solely responsible for verifying that all documentation and other requirements of travel and/or entry are satisfied and releases Agency from all liability for any damages arising out of noncompliance with these requirements.

iii. FDA has no special knowledge regarding foreign entry requirements, safety conditions or hazards for any trip destination. FDA does not represent or warrant that travel to such areas is advisable or without risk. Clients should refer to the U.S. Department of State travel advisories at https://www.travel.state.gov/content/travel/english.html for travel alerts and warnings, including those related to pandemic diseases.

c. FDA does not represent or warrant any special knowledge regarding visa or entry requirements and it is the Client’s responsibility alone to confirm eligibility for entry of the Travel Party to any destination, including destinations which the Client is merely transiting. Clients should refer to their attorney or other legal authority to confirm eligibility for travel across state and federal borders, and entry to foreign countries. Clients specifically release FDA from liability related to any denial of entry claims.

d. Criminal Offenses.A criminal record can limit the ability to travel across US state lines or internationally, particularly with respect to DUI charges and felony convictions. While some countries may deny entry outright to travelers with a criminal background, others may require additional documentation, such as a travel waiver or visa, which may be difficult or time-consuming to obtain. Because the Agency will not inquire into the criminal offense history of its clients, travelers who may be impacted by an entry restriction on this basis should consult with the U.S. State Department (travel.state.gov) or other reliable source of information for the current entry, exit and visa requirements of the destination in question.

e. Immunizations.Agency urges Client to remain informed about country-specific requirements as entry to certain destinations may involve obtaining immunizations. Client is solely responsible for ensuring they and all accompanying travelers have the proper immunizations and required documentation of such immunizations before travel. Agency is not liable for any denial of entry attributable to the failure to obtain necessary immunizations or produce the required supporting documentation. COVID-19 vaccinations may also be required depending on the destination.

8. Review of Travel Documents and Agency Communications.

a. Client agrees to review all booking confirmations and similar itinerary documents for accuracy within 24 hours of receipt from the Agency and immediately report to the Agency any errors that require correction. Agency assumes no responsibility, and is not liable for, any change fees or similar fees charged by Suppliers to revise a booking if Client fails to notify Agency of the error(s) within the stated timeframe. All such fees are solely the responsibility of the Client and are due in full prior to or at the time of the change.

b. Further, Client agrees to review all FDA communications, including emails, texts, voicemails, and paper communications, including tips, prepared itineraries, and other necessary travel information, both for accuracy and for understanding. Client will inform FDA of any discrepancies from earlier discussions within 24 hours.

9. Professional Fees.  Notwithstanding anything to the contrary, the following non-refundable fees may be assessed by FDA in accordance with this Agreement:

a. Professional Planning and Support Fees

b. Ticketing Fees

c. Research and Design Fees

d. Service Charges

i. All transactions completed with a credit card are subject to a processing fee that is nonrefundable. Such fee shall not be less than 2.99% of the total.

e. Change Fees:

i. FDA shall, at the request of Client, make changes to previously booked travel from the original arrangements once as a courtesy. This includes dates and other major changes. Each change beyond the first shall incur a charge. Subsequent changes shall not be made unless and until such fees are paid in full.

ii. Date changes are assessed a fee per change, per room, up to a maximum amount.

iii. Other major changes such as flights, transit, itinerary changes, and other changes, are assessed a fee per change for groups up to eight. Groups of nine or more are charged an additional fee per change due to party size.

iv. Alterations to destination, or the addition of a destination, are changes that will require an additional planning fee.

f. Cancellation fees. 

g. Other fees as determined between Client and FDA.

h. Any payments to FDA for Professional Planning Services or other fees will be disclosed in advance and are non-refundable once paid, regardless of termination, cancellation, or any other failure to travel.

10. Risks of Travel. Client acknowledges that travel to certain destinations may involve greater risk than others and assumes all risks associated with travel booked by FDA. Because each traveler’s risk tolerance is different, FDA is unable to advise whether travel to any specific location at any specific time is advisable and as such Client should not rely on any representations in that regard. To assist Client in making an informed decision, FDA urges Client to review travel prohibitions, warnings, announcements and advisories issued by United States government agencies both prior to booking travel and prior to departure. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.govand www.cdc.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows citizens to enter information about an upcoming trip abroad to enable the State Department to better assist in the event of an emergency. Visit step.state.gov/step/for enrollment information.

11. Travel Insurance.FDA strongly recommends the purchase of travel insurance. Depending on the policy purchased, travel insurance may provide coverage or reimbursement associated with trip cancellation or interruption attributable to illness, accident, or weather conditions, baggage loss and/or delay, medical care and/or evacuation should Client become ill or injured while traveling, and provide other assistance in the event of an emergency. If Client chooses to purchase travel insurance, the terms of the policy will determine whether, and to what extent, coverage for any particular situation or loss may exist. Questions concerning the coverage under the policy should be directed to the issuing carrier and no representation made by FDA shall create a binding guarantee or promise as to the policy or the scope of coverage thereunder. Client holds FDA harmless for Client’s election not to purchase travel insurance or for any denial of a claim made under a policy purchased. To the extent a paid claim includes protection of commission, Client shall provide necessary information to FDA to facilitate its own claim for commission payment, if any should be due. Client further agrees to complete and sign a waiver form if electing not to purchase travel insurance.

12. Air Travel Specific Terms

a. Airline Electronic Ticket Expiration. Airline electronic tickets typically expire one year from the date the ticket was issued unless Client’s itinerary or the ticket expressly states otherwise. 

b. Code-Sharing Arrangements. Under a code-sharing arrangement, an airline will sell tickets on flights that use its designator code but are operated by a different airline. Where a code-sharing arrangement exists, and to the extent FDA processes a separate air ticket purchase, FDA will disclose to Client the marketing carrier’s name, operating carrier’s name, corporate name, and any other name under which the flight is held out to the public. FDA will make the disclosure the first time the flight is offered to Client, or, if no such offer was made, the first time Client inquires about such flight. Written notice of any code-share arrangement will be sent to Client at the time of purchase.   

c. Hazardous Materials. U.S. federal law prohibits passengers from carrying hazardous materials aboard an aircraft in the passenger’s luggage or on the passenger’s person. Violations can result in up to five years in prison and penalties of $250,000 or more (49 U.S.C. § 5124). A complete listing of prohibited items can be accessed at www.tsa.gov/traveler-information/prohibited-items.

d. Insecticide Notice. To protect public health, agriculture and the environment, a number of countries require airlines to treat their aircraft, including the passenger cabin, with aerosol insecticides, either with or without passengers onboard. A current listing of the countries with this disinsection requirement is maintained by the Department of Transportation, accessible at www.transportation.gov/airconsumer/spray.

13. Disclaimers.

a. FDA is providing the Travel Services on an “as is” and “as available” basis. Client expressly agrees that his or her use of the Travel Services is at Client’s sole risk. FDA disclaims all oral, written, express, implied, and statutory warranties and representations with respect to the use, misuse, or inability to use the Travel Services, their quality, accuracy or reliability, or their merchantability, title, non-infringement of third party rights or fitness for a particular purpose, or that the Travel Services will operate in an error free, secure, uninterrupted manner. Client acknowledges that FDA has no control over, does not guarantee, and does not make any representations or warranties with respect to the quality, safety or legality of Travel Services arranged through FDA, the truth or accuracy of information provided by any travel supplier or any third party, the ability of any travel supplier to fulfill its requirements, or that the Travel Services will meet client’s requirements or expectations. Client assumes total responsibility and risk, whether foreseen or unforeseen, for its use of the Travel Services.

b. FDA is not liable for any refund, personal injury or death, accident, property damage, delay, cancellation, irregularity, inconvenience, or any other loss which may result from or be caused by any conditions, acts or omissions beyond FDA’s reasonable control. This includes, but is not limited to (1) any defaults, wrongful or negligent acts or omissions of Suppliers or other third parties; (2) any defect or failure of any vehicle, craft, equipment or instrumentality owner, operated or otherwise provided by Suppliers or other third parties; or (3) any wrongful or negligent acts or omissions on the part of any other party not under FDA’s control. Client hereby releases FDA from all claims, whether based on contract, tort, strict liability or otherwise arising out of any condition, act or omission contemplated in this paragraph.

c. FDA nor its direct or indirect subsidiaries, affiliates, agents, employees or representatives shall be liable, whether in contract, tort (including without limitation negligence) or otherwise for any indirect, special, incidental, consequential, punitive, or exemplary damages of any kind, including, without limitation, lost revenues, loss of profits, loss of business, loss of or damage to property or person or claims of third parties (including members of the Travel Party), even if FDA has been advised of the possibility of such damages, arising from: (1) FDA’s obligations hereunder; (2) the use or inability to use the FDA Services or Travel Services; (3) any transaction conducted through or facilitated by FDA (including without limitation the Travel Services); (4) any claim attributable to errors, omissions, or other inaccuracies in any FDA Services or Travel Services; or (5) unauthorized access to or alteration of personal information or data, whether caused by FDA, a travel supplier, or any other third party.

d. FDA assumes no responsibility for actions beyond the control of FDA in connection with its travel services. FDA is not responsible or liable for any act, error, omission, injury, death, loss, accident, damage, delay, nonperformance, irregularity, or any consequences therefrom, which may be occasioned through the neglect, or default, or any other act or inaction of client, travel supplier, member of the Travel Party, or other third party. The TravelFDA Services are provided in part based upon third party information. FDA shall have no liability for the accuracy, completeness, timeliness or correct sequencing of any third-party information, or for any decision made or action taken by Client in reliance upon any third-party information. To the extent that FDA collects any data on Client or a member of the Travel Party, including without limitation on behalf of air carriers or other vessels for purposes of meeting governmental requirements (such as the United States’ Advance Passenger Information System Requirements), notwithstanding anything to the contrary in the Terms, Client hereby waives and releases any and all obligations and liabilities of FDA, expressed or implied, arising by law or otherwise, related to such activities. Without limiting the generality of the foregoing, Client acknowledges that FDA will not be liable if FDA is supplied with incorrect data regarding a member of the Travel Party’s residence or a member of the Travel Party changes his or her plans without informing FDA.

e. FDA shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service that occurs subsequent to payment for such service. FDA disclaims all liability for errors or bias in reservations, fares, or other information provided by any automated airline reservation system. FDA does not guarantee or insure the services to be provided by any Travel Supplier, and unless otherwise provided by law FDA is not responsible for cancellation of any services or refunds from any Travel Supplier that may cease operations. In the event that a Travel Supplier defaults prior to providing the service for which payment has been made, the Client’s sole recourse for refund shall be with the defaulting party or from insurance purchased by Client covering such defaults. FDA shall not be involved in, and shall have no liability in connection with, any dispute between Client and members of the Travel Party or other third parties (including without limitation Travel Suppliers).

14. Limitation of Liability. The total liability of FDA hereunder shall be limited to an amount equal to the total amount of the compensation due by the Client or Supplier to FDA for the Travel Services.

15. Indemnification. Client agrees, to indemnify, defend, and hold harmless FDA, its affiliates, members, officers, contractors, employees, and agents from any claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees, (“Claims”) made by Client or any third party (including members of the Travel Party and Suppliers) relating to or arising from: (1) Client or a member of the Travel Party’s use of the Travel Services; (2) Client’s breach or alleged breach this Agreement; (3) Client or a member of the Travel Party’s violation of any law or rights of any third party; (4) damage caused by Client or a member of the Travel Party during the course of travel; or (5) disputes between Client and third parties (including Suppliers and members of the Travel Party and others) in connection with the Travel Services.

16. Intellectual Property. All content on this website, social media channels owned or operated by FDA, and any other digital or printed materials provided to Client, unless otherwise stipulated, is the property of FDA. As such, no images, copy, or other content may be used without the explicit written consent of FDA.  

17. Miscellaneous.

a. Governing Law. This Agreement shall be governed by and interpreted pursuant to the laws of the State of South Carolina, without regard to the conflict or choice of law provisions. All disputes shall be brought and heard exclusively either in the South Carolina state courts, or federal courts in the United States District of South Carolina (4th Circuit Court). The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts exclusively.

b. Force Majeure. If events beyond the reasonable control of Agency or Client occur, including but not limited to acts of God, severe weather, war, governmental acts, public health emergencies, epidemic or pandemic, strikes, civil unrest, terrorist attacks, or the curtailment of transportation affecting any city where travel is contemplated, which renders it impractical, illegal or impossible for either Agency or Client to perform or enjoy the benefits of these Terms, these Terms may be terminated upon written notice to the non-terminating party. In such event, neither Agency nor Client shall have any further liability to the other, provided that Agency shall promptly refund to Client any amounts prepaid to Agency and in Agency’s possession but unearned hereunder.

c. Registration(s). FDA is registered with the State of Florida as a Seller of Travel. Registration No. ST42336.

d. Relationship of the Parties. The relationship of FDA and Client is that of independent contracting parties and is not, and shall not be deemed to be, any other relationship including, without limiting the generality of the foregoing, that of joint venturers, partners, joint employers, or principal and agent.

e. Assignment. Client may not assign any of its rights or obligations hereunder. Any purported assignment in violation hereof shall be void.

f. Marketing. By providing your email or mailing address through our website, newsletters, social media channels, to any member or affiliate of FDA personally, and/or booking your travel with FDA, you grant permission to FDA for its use in marketing purposes unless and until such permission is revoked.

g. Links to Third-Party Sites. Our website may contain links to third-party websites. FDA is not responsible for the content or privacy practices of such sites. Some such links may be affiliate links. 

h. Use of Media and Testimonials. To the extent Client or any member of the Travel Party posts a publicly visible review, such as on Google, or tags FDA on any posts to social media channels, such action grants express permission to FDA for the use of such written comments and/or photo and video media in its marketing purposes.

18. Term and Termination.

a. The Terms shall continue in full force and effect until the completion or termination of the Travel Services, whichever is sooner.

b. Notwithstanding the foregoing, the rights and obligations of Client under Sections 7, 15, and 21 herein shall survive any termination of the Travel Services.

19. Amendment. The Terms are effective as of the date set forth above. FDA reserves the right, in its sole discretion, to revise the Terms at any time. In such case, FDA will make available to Client a copy of the updated Terms via FDA’s website, www.favoriteday.net. Thereafter, Client’s continued use of FDA’s services shall constitute acknowledgment of, and agreement to, the revision to the Terms.

20. Entire Agreement, Waiver, and Severability. This agreement, including the Supplier Terms, any other documents, including invoices, provided by FDA, constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to FDA. Any delay or omission of a Party to exercise any of its rights hereunder shall not waive, affect, or impair the rights of such Party and any such waiver must be in writing and signed by the Parties. If any provision of the Terms is found to be void or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of the Terms will remain in full force and effect.

21.Agreement to Terms. Client may acknowledge and agree to these Terms by: (i) electronic signature; (ii) by handwritten signature; (iii) by any other electronic means, including, without limitation, via email acceptance of these Terms; or (iv) by Client’s implied consent deemed via Clients actions, which shall include without limitation the payment of any invoice and/or use of the services provided by FDA or any other Supplier related to Client’s booking. All such means will be deemed to constitute effective acknowledgement and execution of the Terms and shall be sufficient to bind the parties to the same.

22. Contact. Questions or concerns regarding these Terms may be directed to info@favoriteday.net.