Client Terms and Conditions for QueerLuxe Travel

Last Updated: September 19, 2024

1. Agreement Between the Parties

These Terms and Conditions ("Terms") constitute a legal agreement between:

QueerLuxe Travel ("Agency," "our," "us," or "we"), located at 2031 Commercial St, San Diego, CA 92113.
You ("you," "your," "yourself," or "Client"), the individual or entity using our travel services.

By engaging our services, you agree to be bound by these Terms.

2. Effective Date and Termination

These Terms become effective upon your acceptance, which can be indicated through written, digital, or electronic signature, or by providing payment authorization. The Terms will remain in effect until the completion of your travel arrangements or until terminated by either party in writing.

3. Modifications to Terms

We reserve the right to update or modify these Terms at any time. The latest version will be available on our website at [www.queerluxetravel.com/clientterms]. Your continued use of our services after any modifications indicates your acceptance of the revised Terms.

4. Definitions

"Booking" refers to a reservation made by the Agency for your travel arrangements.
"Supplier" refers to any third-party provider of travel services, such as airlines, hotels, tour operators, etc.
"Client" refers to you, the individual or entity using our travel services.
"Travel Services" encompass all travel products and services provided by Suppliers, including transportation, accommodation, tours, and other related services.
"Trip" refers to the comprehensive travel itinerary arranged by the Agency, which includes various Travel Services.
"Trip Plan" is the detailed documentation provided by the Agency, outlining your travel itinerary, including dates, destinations, and pricing.

5. Client Responsibilities

As a Client, you agree to:

Carefully review and understand these Terms, your Trip Plan, and all correspondence related to your travel arrangements.
Contact us in a timely manner to plan your trip, ensuring availability and avoiding late booking fees.
Provide written confirmation of your acceptance of the Trip Plan.
Make all required deposits and payments as per the schedule outlined in your Trip Plan.
Stay informed about travel advisories and warnings by regularly accessing official government websites, such as the U.S. Department of State and the Centers for Disease Control and Prevention (CDC).
Comply with all obligations outlined in these Terms.

6. Client Eligibility and Authority

You warrant that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of all minor and adult travelers in your party.

7. Supplier Relationships

Suppliers are independent entities and are not under the control or employment of QueerLuxe Travel. We are not responsible for any breach of contract, non-compliance with laws or regulations, or any willful or negligent acts, errors, or omissions by Suppliers.

Each Supplier operates under its own terms and conditions, which may differ from these Terms. All documentation, receipts, confirmations, and tickets issued are subject to the specific terms and conditions of each Supplier. Your travel documentation will identify the Suppliers responsible for providing your Travel Services.

8. Supplier Terms and Conditions

It is your responsibility to review and understand the terms and conditions of each Supplier. By using our services, you consent to the use of these Suppliers and agree to comply with their terms, including:

Making timely payments for all Travel Services.
Adhering to the rules and restrictions regarding the availability and use of Travel Services.

Any violation of Supplier terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid. You agree to reimburse us for any costs incurred due to such violations.

9. Supplier Bankruptcy and Operational Changes

In the event of a Supplier's bankruptcy, they may not be obligated to provide the promised Travel Services or refunds. Suppliers may continue to operate, provide alternative services, or cease operations entirely. We are not permitted to provide refunds on behalf of bankrupt Suppliers.

We have no special knowledge regarding the financial condition of any Supplier, and we cannot guarantee the continued operation or financial stability of any Supplier.

10. Travel Risk and Insurance

You understand and accept the inherent risks associated with travel. We strongly recommend purchasing comprehensive travel insurance to cover all travelers. If you have not received a travel insurance quote from us, please request one promptly.

If you choose to travel without insurance, you assume all risks and financial responsibilities related to your trip, including but not limited to:

Travel changes, interruptions, or cancellations.
Baggage delays or loss.
Travel supplier defaults.
Medical costs.
Accidents, emergencies, and any other loss, cost, injury, or death.

Travel insurance policies may exclude coverage for certain matters, such as pre-existing medical conditions, pandemic-related trip interruptions, and activities or locations considered high-risk. You agree to hold us harmless if an insurance provider denies your claims for any reason.

11. Personal Information

As part of the booking process, your personal information may be shared with Suppliers and other third-party providers to facilitate your travel arrangements. This may include personal details such as names, dates of birth, passport numbers, travel dates, and payment information.

By providing your personal information, you consent to its use by these parties. We are not responsible for the distribution of your information to third parties, including any Customer Relationship Management (CRM) or other technology platforms outside our control.

We will retain your personal information for as long as necessary to provide our services and for a reasonable period thereafter for legal or business purposes.

12. Pricing and Inclusions

Quoted prices are based on the specific inclusions outlined in your Trip Plan. Unless explicitly stated, prices do not include additional travel costs, fees, or taxes, such as:

Airport, port, or station fees.
Government-imposed taxes and fees.
Meals, beverages, entertainment, and other personal expenses.

All Supplier prices and availability are subject to change without prior notice until full payment is received. However, even after full payment, you agree to pay for any additional fees that may arise due to factors beyond our control, such as fuel surcharges.

We are not responsible for Supplier price changes, currency exchange fluctuations, or charges related to foreign-currency transactions.

We reserve the right to correct errors or omissions regarding prices and to re-invoice you at corrected prices if necessary.

13. Payment

You agree to make all required deposits and payments as outlined in your Trip Plan. Failure to make timely payments may result in:

Price increases, fees, or penalties imposed by Suppliers.
Cancellation of your Bookings by Suppliers or the Agency.
Non-refundable deposits and amounts paid becoming non-refundable under Supplier terms.

You are solely responsible for any consequences arising from late or non-payment.

If you request changes to your travel arrangements, we will assist you in obtaining any refunds due. However, we may charge a non-refundable fee for re-booking.

Payments in currencies other than U.S. Dollars will be converted at the current exchange rate. Agency payments to Suppliers will also be converted at the current exchange rate.

14. Credit and Debit Card Payments

By submitting your credit or debit card details to us, you authorize us to charge your card for payments on the agreed-upon due dates. You also authorize us to credit your card for any amounts charged in error.

You are responsible for all costs and charges resulting from:

Providing incorrect card information.
Declined charges due to insufficient funds or closed accounts.

In such cases, we have the right to suspend or cancel your Bookings, and we are not obligated to refund any amounts paid.

15. Chargebacks

You agree not to initiate any credit or debit card chargebacks, refunds, or recollections for any reason related to your travel arrangements, including delays, cancellations, health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances.

If you initiate a chargeback without our prior written authorization, you agree to reimburse us for all fees and costs incurred in disputing and responding to the chargeback, including attorney's fees and legal expenses.

16. Changes, Cancellations, and Refunds

You agree to comply with Supplier terms regarding changes or cancellations of Bookings. Supplier terms may not allow refunds if you change, cancel, partially use, or do not use Travel Services for any reason.

If you request changes or cancellations, you may be subject to Agency fees and Supplier fees, charges, or penalties.

Any claims for refunds or adjustments must be submitted to the Agency in writing, along with full details and documentation supporting your claim.

17. No Shows

Failure to travel or show up for any Booking is considered a "no show." No show penalties may equal the entire cost of travel, subject to the terms and conditions of Suppliers and the Agency.

18. Accommodations

Hotel accommodations are subject to availability at the time of reservation. Some hotels may require non-refundable and non-transferable deposits to guarantee a Booking. We will notify you if such deposits are required.

Amenities such as air conditioning, elevators, bed size, connecting rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not guaranteed and may not be operational or available during your stay. Refunds for amenities are the responsibility of the hotel.

19. Air Travel

Suppliers may require full payment for airline tickets at the time of Booking. Airline tickets may be non-refundable and non-transferable, subject to Supplier terms and conditions. Most airlines consider a name change to be a cancellation.

Seat assignments are based on availability at the time of selection and payment. Airlines may change seat assignments or address operational matters at any time. We cannot guarantee specific seat locations or seating next to other travelers.

Additional fees may apply for airline seat assignments, baggage, carry-ons, meals, drinks, and other services. You are responsible for confirming the availability of such services and paying all related fees.

We are not responsible for any fees imposed by airlines, changes to seat assignments, or any loss, injury, accident, error, or omission that may occur due to airline operations or equipment issues. You agree to comply with safety guidelines and hold us harmless for any liability arising from airline rules and operations.

20. Traveler Conduct

You are responsible for any damage or loss caused by your acts, errors, or omissions. You agree to pay for any such damage or loss directly to the Supplier or other third party involved.

We are not responsible for any costs or liabilities arising from your conduct during travel. You agree not to hold us accountable for any claims resulting from your acts, errors, or omissions.

Authorized Parties, including Suppliers and their representatives, have the right to refuse you any Travel Service or require you to leave if they reasonably believe you pose a danger to yourself or others, or if you engage in disruptive, abusive, or harassing behavior.

If you are subject to such a determination, you may be left at any location, and you will be solely responsible for all costs and arrangements for your subsequent travel. You will not be entitled to any refund for unused Travel Services.

21. Harassment and Discrimination Policy

QueerLuxe Travel is committed to providing a safe, inclusive, and respectful environment for all travelers. We have a zero-tolerance policy for any form of harassment, discrimination, or intolerance based on gender, sexual orientation, race, ethnicity, religion, or any other protected characteristic.

Any Client who engages in harassment, makes discriminatory statements or actions, or displays intolerant behavior towards other travelers, Agency staff, or Suppliers will be subject to immediate termination of their travel arrangements without refund. In such cases, the Client will be left at their current location and will be responsible for making their own travel arrangements and bearing all associated costs.

22. Disabilities and Special Needs

If you have disabilities or special needs requiring non-emergency special services or accommodations, please inform us before Booking.

Airlines and other Suppliers may impose charges for additional baggage and have size restrictions for wheelchairs. Rentals may be available for wheelchairs or other mobility devices, subject to additional charges.

Travelers with service or emotional support animals should inform us in advance, as Suppliers may require advance arrangements and documentation.

Countries outside the United States and Canada may have different laws and accommodations for persons with disabilities or special needs. Please consult your healthcare provider before planning or Booking your travel.

We will make reasonable efforts to request assistance or arrange for appropriate services or equipment, but we are not responsible for the failure of Suppliers to meet your needs and expectations.

23. Food Allergies

If you have food allergies or similar conditions, please inform us before Booking. Travelers with Food Allergies acknowledge the potential for an elevated risk of reactions, delays, or disruptions during travel and assume full responsibility for managing their allergies.

24. Risk Activity

If you engage in any activity that may involve a risk of harm to yourself or others, damage to property, or costs related to such activity, you are solely responsible for your decision to participate. You assume all risks, costs, losses, liabilities, and claims associated with any Risk Activity. You agree not to pursue any claims against us and release us from all liabilities related to Risk Activities.

25. Illness and Injury

If you become ill or injured during your trip, you are responsible for your well-being and any necessary treatment. In such cases, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements.

You agree not to cause delays or disruptions to other travelers and release us, Suppliers, and other travelers from any liability related to your illness, injury, missed flights or connections, travel delays, or unused Bookings.

26. Baggage and Personal Items

You are solely responsible for your baggage and personal items at all times. We are not responsible for any damage, loss, delays, or other matters related to your baggage and personal items.

27. Passports, Visas, and Medical Documentation

You are responsible for determining and acquiring all necessary passports, visas, and medical or other documentation required to enter, exit, or transit any jurisdiction. You must ensure that all such documentation is valid and in your possession.

We are not responsible for your failure to update or possess the required documentation or for determining the validity of your travel documents. No refund will be issued for any costs or losses incurred due to your failure to obtain or possess the necessary documents.

28. Traveler Identification and Proof of Citizenship

The Transportation Security Administration (TSA) requires all airline passengers to provide certain information, including Secure Flight Passenger Data (SFPD), full name, date of birth, gender, and redress number (if available).

The names of travelers on all reservations and travel documents must match the name as it appears on government-issued identification. You are responsible for any fees and expenses resulting from incorrect or non-matching information.

29. Criminal Records

Jurisdictions may restrict entry for persons with criminal records. You are responsible for understanding the laws and requirements regarding travel with a criminal record. We do not inquire into traveler criminal records to respect privacy.

30. Pandemics, Epidemics, and Travel Advisories

You are solely responsible for complying with any restrictions related to pandemics, epidemics, and other travel advisories. You warrant that you have reviewed and understand the travel advisories, notices, warnings, and restrictions issued by the U.S. Center for Disease Control (CDC) and the U.S. Department of State.

You acknowledge that government notices and policies may change before, during, and after your travel. You are aware that certain countries may require testing and quarantine upon entry or return.

31. Restricted Products and Materials

You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction regarding possession and use of restricted or illegal products and materials, including animals and animal products, plants, cultural artifacts, alcohol, tobacco, firearms, knives, weapons, flammables, explosives, and drugs.

Possession or use of restricted or illegal products may result in immediate termination of Travel Services and detainment, prosecution, or incarceration by government authorities.

32. Hazardous Materials

You are responsible for knowing, understanding, and complying with all applicable laws regarding hazardous materials and insecticides. You must confirm with your airline or other travel provider regarding applicable rules and restrictions.

Federal law prohibits bringing hazardous materials aboard aircraft in baggage or on your person. Violations can result in imprisonment and significant fines. Examples of prohibited items include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, fireworks, tear gases, and certain batteries.

33. Limitation of Liability

We arrange Travel Services provided and controlled by independent Suppliers. We have no management or control over Suppliers or their staff, representatives, facilities, equipment, products, or services.

Suppliers are solely responsible and liable to you for their respective Travel Services. We make no representations or warranties, express or implied, regarding the value, quality, suitability, safety, or provision of Travel Services.

We have no liability to you for any claims of damage or loss arising from any act or omission, negligent or willful, of any Supplier, Client, or other third party, including physical, emotional, or mental injury or death, cost, inconvenience, disruption, delay, cancellation, bankruptcy, cessation of operations, misrepresentation, or criminal act.

We are not liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, even if we become aware of the possibility of such damages. If any decision-making authority awards you damages, such damages will be limited to the total commissions we collect for making your Bookings.

34. Indemnity

You, on behalf of yourself and all minor and adult travelers in your party, agree to indemnify and hold harmless QueerLuxe Travel and its owners, directors, employees, contractors, agents, representatives, advisors, and successors and assigns from all claims, damages, 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 you or any traveler in your party.

35. Force Majeure

We are not liable to you for any delays, non-performance, or refunds caused by any force majeure event, including acts of God, floods, weather conditions, fires, explosions, accidents, war, acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, pandemics, epidemics, quarantines, and government interventions.

If any Supplier is affected by a force majeure event, they may vary or cancel any itinerary or arrangement in relation to your travel without notice."

General Provisions

Amendments: These Terms may only be amended in writing by QueerLuxe Travel. Assignment: You may not assign any rights or obligations under these Terms without our prior written consent. Waiver: No failure or delay in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Entire Agreement: These Terms, together with any Trip Plan and other related documents, constitute the entire agreement between you and QueerLuxe Travel and supersede all prior agreements, representations, and understandings.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of our services will be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services, the Parties agree to make a good faith attempt to resolve the matter through informal negotiations. If the dispute cannot be resolved through negotiations, either Party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in San Diego County, California.

Equitable Relief

Either Party may seek injunctive or other equitable relief to enforce the terms of these Terms or to protect its rights or property. Such relief may be sought in any court of competent jurisdiction, and the Parties agree to submit to the personal jurisdiction of the courts located in San Diego County, California.

Further Assurances

Each Party agrees to execute and deliver all further documents, certificates, and instruments, and to take all further actions, as may be reasonably requested by the other Party to give effect to the provisions of these Terms.

Survival

The provisions of these Terms that by their nature are intended to survive termination or expiration of these Terms, including but not limited to the Limitation of Liability, Indemnity, and Governing Law sections, will survive any termination or expiration of these Terms.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms or our services, please contact us at:

QueerLuxe Travel By Fora 2031 Commercial St San Diego, CA 92113 Email: [support@queerluxetravel.com]

Seller of Travel Credentials

QueerLuxe Travel is an independent agency authorized to operate under Fora Travel. We are registered as a Seller of Travel in the State of California, with registration number CST 2152037-50. Registration as a Seller of Travel does not constitute approval by the State of California.

We are also registered with the State of Florida, with Seller of Travel Reference Number ST-43007, and with the State of Washington, with UBI Number 604 994 859.

Acceptance of Terms

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Your acceptance may be indicated through written, digital, or electronic signature, or by providing payment authorization.

Thank you for choosing QueerLuxe Travel. We are committed to providing exceptional travel experiences and ensuring your satisfaction.

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