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 traveling party, to the following Standard Terms and Conditions (the “Terms”):
1. FDA Services. FDA acts as a booking agent for third party vendors (collectively, the “Travel Suppliers”) who provide air, ground, water, or other transportation, lodging, automobile rentals, tours, and other travel or vacation services (collectively, the “Travel Services”). FDA agrees to make the travel arrangements and reservations as instructed by the Client (collectively, the “FDA Services”).
2. Travel Supplier Terms and Conditions. All Travel Services (including reservations and fares) arranged by FDA are subject to availability and change without notice. Each Travel Supplier has its own terms and conditions that may apply to the Travel Services. 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. Travel Requirements.
a. Client is solely responsible for ensuring that:
A. The information supplied by Client, including information about each member of the Travel Party, is true and accurate;
B. 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;
C. Each member of the Travel Party meets all health entry requirements, including vaccination requirements. Client should consult with a medical doctor or the Center for Disease Control and Prevention (http://wwwnc.cdc.gov/travel/page/traveler-information-center) for current recommendations on medications, vaccinations, restrictions, and other medical advice pertaining to the trip. This pertains in particular to COVID-19 and other communicable diseases; and
D. 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. 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 http://www.travel.state.gov/content/travel/english.html for travel alerts and warnings, including those related to pandemic diseases.
c. FDA has no special knowledge regarding visa or entry requirements for clients with special legal standing or unique legal situations that could potentially impact Client’s ability, or that of any person in his or her traveling party, to travel across state or federal jurisdictions. FDA does not represent or warrant any such knowledge 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.
4. Documentation. Client agrees to review all FDA communications, including emails, texts, and paper communications, including tips, prepared itineraries, and other necessary travel information, both for accuracy and for understanding. Client will promptly inform FDA of any discrepancies from earlier discussions with immediacy.
5. 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 Fee
b. Ticketing Fee(s)
c. Research and Design Fee
d. Service Charges
A. All transactions completed with a credit card are subject to a processing fee that is nonrefundable. Such fee shall not be less than 3% of the total.
e. Change Fees:
A. 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.
B. Date changes are assessed a fee per change, per room, up to a maximum amount.
C. 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.
D. Alterations to destination, or the addition of a destination, are changes that will require an additional planning fee.
f. Other fees as determined between Client and FDA.
6. Payments.
a. Client authorizes FDA to process direct payments to all applicable vendors (including Travel Suppliers) and all amounts due at the time Travel Services are booked (or at a later time allowed by a particular Travel Supplier). Client agrees to pay all additional charges billed to Client or to FDA relating to the provision of Travel Services, including without limitation, amounts not paid at the time Travel Services are booked, amounts for dishonored charges, surcharges, cancellation and “no show” fees, and “debit memos” issued by a Travel Supplier when such amounts become due. FDA reserves the right to cancel Client’s booking and any related reservations if payment is not received when due. Unless otherwise required by applicable law, FDA will not issue a refund of any fees if travel plans are delayed, canceled, or changed for any reason. Refund from a Travel Supplier is subject to the specific Travel Supplier’s terms and conditions, and FDA has no control over Travel Suppliers’ policies or procedures.
b. 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.
c. Any payments to FDA for Professional Planning Services or other fees are non-refundable, regardless of termination, cancellation, or other failure to travel.
7. Insurance. FDA strongly recommends that Client purchase adequate travel insurance to protect against travel related risks. FDA will provide information about travel insurance to Client, and Client agrees to notify FDA as to any purchase or that Client chooses to decline coverage.
8. Term and Termination.
a. The Terms shall continue in full force and effect until the completion or termination of the FDA Services, whichever is sooner.
b. Notwithstanding the foregoing, the rights and obligations of Client under Sections 3, 4, 8, 9, 10, and 11 herein shall survive any termination of the FDA Services.
9. Disclaimer. FDA is providing the FDA Services on an “as is” and “as available” basis. Client expressly agrees that his or her use of the FDA 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 FDA services or 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 theFDA Services or 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 the FDA Services, the truth or accuracy of information provided by any travel supplier or any third party, the ability of any travel supplier to perform the Travel Services, or that the FDA Services or Travel Services will meet client’s requirements or expectations. Client assumes total responsibility and risk, whether foreseen or unforeseen, for its use of the FDA Services and Travel Services.
10. 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.
11. FDA assumes no responsibility for actions beyond the control of FDA in connection with 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 FDA 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.
12. 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).
13. 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 Travel Supplier to FDA for the FDA Services..
14. 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 Travel Suppliers) relating to or arising from: (1) Client or a member of the Travel Party’s use of the FDA Services or 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; or (4) disputes between Client and third parties (including Travel Suppliers and members of the Travel Party and others) in connection with the FDA Services or Travel Services.
15. Registrations. FDA is registered with the State of Florida as a Seller of Travel. Registration No. ST42336. FDA is registered with Cruise Lines International Association, as a travel agency, credential number 00031476.
16. 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. FDA shall not be liable for any delay or failure in performance of any part of this Agreement during any period in which FDA cannot perform due to fire, flood, interruption in utility services, explosion, war, terrorist acts, strike, walk-out, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond FDA’s reasonable control and without the fault or negligence of FDA.
c. 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.
d. Waiver and Severability. 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.
e. Electronic Or Handwritten Signature. Client may acknowledge and agree to these Terms: (i) electronically; (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 travel 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.
f. Assignment. Client may not assign any of its rights or obligations hereunder. Any purported assignment in violation hereof shall be void.