These Terms and Conditions govern the relationship between Lindros Travel LLC , a North Carolina limited liability company, d/b/a Lindros Travel (hereinafter “Agency”), and the individual making a booking with us and agreeing to these Terms and Conditions, including all members of their group (hereinafter “Traveler”, “you” or “your”), further collectively referred to herein as the “Parties” and each a “Party.”
The Parties agree as set out below.
Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By making any payment to the Agency or participating in any of our travel experiences, you accept all of the Terms and Conditions set forth herein (including the Cancellation and Chargeback sections) and acknowledge that you have read the Terms and Conditions of this legally binding agreement and agree with it. If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.
These Terms become effective and binding on each Traveler upon the earlier of: (1)your written, digital, or electronic signature or other acceptance; or (2) your booking, payment toward, or use of Travel Services.
The Terms are subject to change at any time in the Agency’s discretion, without notice to you. Changes become effective upon the earlier of: (1) your written, digital, or electronic signature or other acceptance; (2) your Booking, payment toward, or use of Travel Services; (3) our written notice to you; or (4) publication at https://lindrostravel.com/.
DEFINITIONS
“Booking” means a reservation made by Agency regarding your Travel Services.
“Supplier” means a party who provides Travel Services to Travelers.
“Traveler” means you or any other traveler on the same Booking.
“Travel Services” means travel products and services provided to Travelers by Suppliers, including, but not limited to, air, land, or water transportation, lodging, vehicle rentals, tours, excursions, entertainment, food and drink services, and similar products and services, for which Agency makes any booking.
“Trip” means the composite of all Travel Services.
“Trip Documentation” means any documentation and communications we provide to you with details and pricing regarding your Trip, including but not limited to itineraries, payment schedules, etc..
TRAVELER OBLIGATIONS. Each Traveler agrees to: (1) carefully read and understand these Terms, any Travel Client Agreement or other agreement between the Parties, your Trip Documentation, and all correspondence between you and us regarding your Trip;(2) notify us promptly, and in any event within 24 hours from receipt, of any errors or omissions in your Trip Documentation; (3) contact us to arrange your Trip sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases; (4) make all deposits and payments per the schedules and dates set out in your Trip Documentation; and (5) review, remain aware, and remain up-to-date regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites, as set out in these Terms.
You represent and warrant that (a) you are of 18years of age or older and can use our services and website and can create binding legal obligations in connection with your use, (b) you are leally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
If you do not understand any part of these Terms, please contact us in writing as soon as possible.
VIOLATIONSBY YOU. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel-related product or service.
NON-RESPONSIBILITY/SUPPLIERS. Suppliers are independent contractors of the Agency, managed separately, who provide Travel Services to you. Suppliers are not subject to Agency’s control; they are not employees, agents, representatives, or affiliates of Agency. Suppliers operate under their own terms and conditions, which are separate from these Terms. All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier. Your travel documentation identifies each Supplier responsible for providing your Travel Services. By paying for Travel Services, you consent to the use of those Suppliers and any interaction with Supplier is at your own risk . Agency is not responsible for any Supplier’s breach of contract, changes to Travel Services or routes, failure to comply with laws or regulations in any jurisdiction, or willful or negligent acts or omissions, which may result in price increases, delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions.
Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with the terms imposed by each Supplier, including:(1) payment of all amounts when due; and (2) rules and restrictions regarding the availability and use of Travel Services, including baggage allowances, check-in/check-out times, and age or height restrictions. Any questions about a Supplier’s terms and conditions should be addressed to the Supplier of a specific Travel Service. You understand that any violation of Supplier terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such violation results in costs to Agency, you agree to promptly reimburse Agency for all such costs. Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.
If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel Services or they may stop operations. In such case, other suppliers may, but are not required to, provide alternative travel services to you. Agency is not permitted to provide refunds to you for Suppliers who have declared bankruptcy. The agency has no special knowledge about the financial condition of any Supplier. Agency has no liability for recommending a Trip credit or a refund. All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice.
Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections.
TRAVELRISK & INSURANCE. Travel insurance is NOT automatically included in your Trip, and as such, we strongly recommend that you buy travel insurance to cover each Traveler. If you have any questions or if you have not received information on the availability of such insurance, please contact us as soon as possible.
You are responsible for choosing to buy (or not to buy) travel insurance.
If you choose to buy travel insurance: (1) you are responsible for reading and understanding all details and terms regarding your itineraries and insurance coverages; (2) you understand that insurance covers only those things expressly stated in each policy; (3) you understand that insurance policies may include restrictions or pricing policies based, for example, on the type and location of travel or the time of purchase; and (4) you understand insurance policies may exclude coverage for matters such as pre-existing medical conditions, travel interruptions relating to any pandemic or epidemic, and risk activities and locations. Travel protection/insurance plans, which may include Cancel For Any Reason coverage, typically must be purchased within ten (10) days of initial trip payment in order to qualify for a pre-existing condition waiver.
If you choose not to buy travel insurance: (1) you accept all risks relating to your travel; (2) you may lose up to 100% of the cost of travel bookings , plus any cancellation and related fees charged by Agency and third-party suppliers; and (3) you waive insurance protection relating to your travel, including without limitation, changes and cancellations; baggage delays and loss; supplier defaults; medical costs; and accidents and emergencies; and any other damage, loss, cost, injury, and death relating to your travel.
Agency is NOT an insurance agent or provider. We advise travelers of the availability of travel insurance, which third-party insurance agents and providers offer to travelers in exchange for fees. You waive all claims against and indemnify Agency, its owners, directors, employees, contractors, advisors, agents, representatives, successors, and assigns for and from any damage, loss, cost, injury, or death relating to: (1) your decision to buy or not to buy travel insurance; (2) any insurance policy you may choose to buy; and (3) any claim your insurance provider may deny.
DIVE INSURANCE
In addition to the above travel insurance coverage, we strongly recommend the purchase of dive insurance for those travelers booking one of the scuba trips. While Agency recommends reputable dive insurance industry leaders such as DAN (Divers Alert Network) at https://dan.org and Dive Assure at https://diveassure.com/en/,Agency is not liable for any issues resulting from said insurance options.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Agency cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. IF YOU CHOOSE TO TRAVEL WITHOUT ADEQUATE INSURANCE COVERAGE, AGENCY WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES HOWSOEVER ARISING, FOR WHICH TRIPPROTECTION PLAN COVERAGE WOULD OTHERWISE HAVE BEEN AVAILABLE.
TRAVELER INFORMATION. We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ respective passports. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections. Further, you understand that, as part of Booking any Travel Services, your personal information may be conveyed to Agency, Suppliers, and other third-party providers to accommodate your travel, and you consent to the use of your personal information by these parties. Such personal information may include birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements. Further, traveler agrees Agency has no liability regarding: (1) the distribution of your information to any Supplier or other third party, including any CRM or other technology platform outside our control; or (2) any third party’s failure to protect your personal information. You authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.
PHOTOGRAPHIC/VIDEO LIKENESS. Each Traveler grants to Agency an unrestricted, royalty-free, non-exclusive, worldwide license to use, in Agency’s discretion, Traveler's name, image, and likeness, including any photo or audio or video recording, relating to a Trip for marketing, promotion, tagging, or any other lawful purpose on social media platforms, online locations, and Agency’s website. Each traveler releases Agency and its Representatives from any liability in connection with any use of such forms of media. Notwithstanding the foregoing, if a traveler desires to have a specific photo or video removed from our website or social media, please request said removal per the email below.
PRICING& INCLUSIONS. Quoted prices are based on the precise inclusions we provide to you in the Trip Documentation. Unless specifically itemized in the Trip Documentation, prices do not include other travel costs, fees, or taxes, including: (1) fees imposed by or for airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or (2) fees for meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other personal charges.
All Supplier prices and availability are subject to change without prior notice until you make full payment of deposits and other amounts due, as agreed in your Trip Documentation. However, even following your full payment, you agree to pay additional fees that may arise for variable matters beyond our control, including fuel and other surcharges. Agency has no responsibility for: (1)transparency or disclosure by any third party regarding its pricing; (2) price changes or variable fees; (3) currency exchange fluctuations; or (4) charges relating to foreign-currency transactions.
We reserve the right at any time for any reason to correct errors or omissions regarding prices, to re-invoice you at corrected prices, or to take any other corrective measures regarding your Bookings.
BOOKING/PAYMENT. When you are ready to start your next travel adventure, simply contact us either by email, phone or by filling out the contact information on the website at scott@lindrostravel.com. Booking will be confirmed on receipt of the requested traveler information and payment of your NON-REFUNDABLE deposit and planning fee, if any, and as described herein. After booking is processed, you will receive your Trip Documentation. This is subject to change until you receive confirmation that your travel is booked. Some Suppliers will require a larger deposit, or payment in full, to hold your booking and you will be notified of the amount required. Deposits and any fees are NON-REFUNDABLE, unless stated otherwise in the terms & conditions of the Supplier. You must execute a legally binding payment authorization in connection with your travel purchases. We require your acknowledgement and agreement to these Terms and Conditions in connection with the foregoing.
If you decide that Agency is the right fit for planning your customized trip, you will pay the trip deposit (if required by Agency or its Suppliers), as well a sour NON-REFUNDABL planning fee which is determined based on the complexity of your trip, in our sole discretion, and will be in a minimum amount of $150 for custom itinerary creation and travel planning support. Our itineraries take many hours of planning and work to create the unique experience we aim to give our travelers and as such our customized planning fee, if any, for your trip, is NON-REFUNDABLE even if you cancel your trip or decide not to book. Please note that your customized proposal is not guaranteed until a deposit is made and may change at any time based upon supply and demand.
After your booking is processed, we will provide you with instructions regarding payments and all due dates. You agree to make all payments in full and on time as stipulated in your Trip Documentation. If you do not make any payment by its due date: (1) Suppliers may impose price increases, fees, or penalties; (2)Suppliers may cancel your Bookings in whole or part; (3) Agency may cancel your Bookings in whole or part; and (4) your previous deposits and other amounts paid may be NON-REFUNDABLE under Supplier terms. You agree you are solely responsible, and Agency has no responsibility or liability, for consequences relating to your late payment or non-payment. Failure to make any payment may result in the cancellation of your Trip and as such this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Unless Agency provides prior written consent: (1) we are not the “merchant of record”(as defined by the U.S. Department of Transportation) regarding your Travel Services; (2) we do not take possession of amounts you pay to Suppliers for Travel Services; and (3) we are not responsible for any refunds payable to you by Suppliers Further, your payments are in U.S. dollars unless we notify you otherwise. Payments in currency other than U.S. dollars will be converted at the current exchange rates. Agency payments to Suppliers will be converted at the current exchange rates between U.S. dollars and the currency in the supplier's country.
GROUPTRAVEL
Our group travel options are carefully curated experiences for groups of participants, and as such you may not request or make any changes to your finalized itinerary. Since some trips, including tours and all-inclusive vacations, are purchased as complete packages, you will not be provided with an itemized breakdown of costs in connection therewith due to the contractual agreements with our Suppliers. Rest assured, our aim is to provide you with a seamless and enjoyable vacation, and we are available to address any queries or concerns you may have about the package or its inclusions. For more information regarding our group travel options, please visit https://lindrostravel.com/services/group-trips.
SCUBATRAVEL
For travelers looking for a scuba-friendly destination or planning a dive trip, we can explore options based on your experience level, budget, and travel dates. For more information on a seamless, safe, and unforgettable underwater experience, please visit https://lindrostravel.com/services/scuba-travel and review the Dive Insurance section herein.
WHAT’SINCLUDED IN YOUR TRIP
Accommodations
Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking (as may not be available). While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the discretion of the Supplier. There may be additional charges for such requests, which will be solely the expense of the guest making the request.
Travelers participating in our international adventures should be aware that room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as Americans with Disabilities Act (ADA) and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
Agency reserves the right, if necessary, to substitute other similar accommodations for accommodations listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Agency’s sole discretion and no refunds will be offered for changes in accommodations. While we exercise due diligence in the selection of our partners, and several are based on our own personal experiences, some hotel and other accommodation profiles are based on information provided to us by the Supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Agency does its best to maintain current and accurate information regarding these Suppliers, we cannot be held responsible for any inaccuracies in Supplier descriptions, amenities, or images.
Transfers
Agency is pleased to offer transfers strictly in accordance with your individual itinerary, subject to additional fees as described in said itinerary. Except as expressly provided in your itinerary, traveler is solely responsible for transfers to and from airports and all other locations/destinations. You must be on time for all transportation. There will be no refund for missed or unused transfers. If applicable, you must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due which results from missing or outdated flight information.
Meals
Meals are included as expressly indicated in the itineraries. Any food and beverages consumed outside of itinerary meals are not included and are at the sole expense of the guest. For safety and liability reasons, Agency and its Representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise our suppliers your request, but we cannot guarantee their availability.
Further, if you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Agency in advance of booking. If any Traveler has Food Allergies, each such Traveler: (1)acknowledges the possibility of an elevated risk of reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to, during, and following travel. Agency is not responsible for any harm or loss caused by any Food Allergy under any circumstances.
Sightseeing/Activities
Sightseeing trips and activities are only included as provided in the individual itineraries. Any excursions or activities not included in itineraries and done outside of trip times are at the sole expense of the traveler. These trips and activities are designed to accommodate group travel. As a courtesy to others in the trip and/or activity, it is mandatory that you be on time for all scheduled experiences. Trips and activities will begin on time and failure to arrive will be considered a no-show for which NO refunds will be available. It is essential that you keep in mind that trip and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
CHANGES TO ITINERARIES. Agency reserves the right to make changes to its published itineraries which we deem significant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Agency reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, sites undergo renovations from time to time, which can obscure viewing or otherwise change the nature of visiting these sites. No trips will be cancelled due to renovations, although Agency may choose to amend the itineraries for such sites. These changes will not be considered a material change and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the Supplier of the activity and your only recourse in case of damage will be against the Supplier of the alternate activity.
WHAT’S NOT INCLUDED
Any items and matters not referred to in your itinerary are not included in the trip price. This can include but is not limited to items such as flights and airfare (international or domestic) not stipulated in your itinerary, any transportation not specified in your itinerary, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; any donations, gratuities and tips if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences; souvenirs; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided trip, whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This partial list is illustrative and not an exhaustive list of every item not included.
NON-OPERATION OF GROUP TRIPS
Some trips are based on a minimum number of participants, including our scuba daytrips. Agency makes every effort to ensure that trips meet their minimum requirements. However, if the trip drops below the minimum number of participants, cancellation of the trip may occur at the sole discretion of Agency. In such case, guests will be advised at least 30days prior to departure. Agency reserves the right to change the departure date. We may offer alternative trip dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and Agency will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Agency will not be liable for any additional costs incurred outside of the trip prices, such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the trip.
CREDIT& DEBIT CARDS. Payments will be processed through a secure online system and traveler must provide us and/or the Supplier with a click (checkbox) or signed authorization for every transaction for your trip. By submitting your credit or debit card (“Card”) to us, you confirm that:(1) you are an authorized user of that Card; (2) you authorize us, or ouragents, to charge your Card for payments on due dates agreed in your TripDocumentation; and (3) you authorize us, or our agents, to credit to your Cardany amounts charged in error. Further, you are responsible for all costs, including costs of recovery, relating to the following: (1) if you provide tous an incorrect Card number; (2) if our valid charges to your Card aredeclined; (3) if your Card has insufficient funds on payment dates agreed inyour Trip Documentation; and (4) if your Card account is closed or expiresbefore you pay all amounts agreed in your Trip Documentation.
In any such event, you agree we have a right to suspend or cancel any Booking, and we have no obligation to refund amounts paid by you if we suspend or cancel any Booking.
CHARGE BACKS. You agree not to initiate, and you waive any right to pursue, any credit- or debit-card chargeback, reverse-charge, refund, or recollection (collectively, “Chargeback”) for any reason, including delay, cancellation, refusal of entry, exit, or transit, force majeure event, provision or non-provision of Travel Services, Supplier price changes, fees, or penalties, Food Allergies(defined below), or any other matter relating to your Trip, except in the case of fraud.
Even in the case of fraud, before initiating any Chargeback, you agree to first address the matter directly with us in writing at scott@lindrostravel.com to give us a reasonable time to investigate the matter and respond to you. You agree not to make any improper chargebacks. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including, without limitation:
Further, if you initiate a Chargeback relating to any amount we validly charge to your Card without our prior written authorization, you agree to pay us for all fees and costs, including attorney’s fees and legal expenses, we incur to dispute and respond to that Chargeback and agree we have the right to cancel any travel reservation related to that improper Chargeback.
CHANGES, CANCELLATIONS, REFUNDS.
Ifyou are unable to complete the Trip or activity due to a physical or mental inability to keep up with the group of participants, there shall be NO refunds owed.
CHANGES AND CANCELLATIONS BY YOU
You agree to comply with Supplier terms relating to change or cancellation of Bookings. Changes may be considered cancellations, and as such, Supplier and Agency cancellation terms will apply. Supplier terms may not allow refunds if you change, cancel, partially use, or do not use Travel Services for any reason, including but not limited to, actual, threatened, or fear of potential health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not Agency. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Supplier’s failure to pay a refund or for Supplier bankruptcy or insolvency.
In addition to any Supplier fees, charges, or penalties, if you change a Booking, you may be subject to Agency fees in a minimum of $25 per revision requested.
Further, in addition to Supplier cancellation fees/penalties, Agency cancellation charges will be applied, in our sole discretion, and will be in a minimum amount of $150per person/booking/room.
IMPORTANT NOTE: If the reason for cancellation is covered under the terms of your travel protection plan, you may be able to reclaim these charges; for this reason, we strongly recommend the purchase of a comprehensive travel protection plan.
ALL CANCELLATIONS AND/OR CLAIMS FOR REFUND OR ADJUSTMENTS REGARDING YOUR TRIP, MUST BE SUBMITTED TO AGENCY IN WRITING AT SCOTT@LINDROSTRAVEL.COM, INCLUDING FULL DETAILS AND DOCUMENTATION REGARDING THE BACKGROUND, RATIONALE, AND PROOF OF PAYMENT. IT WILL BE EFFECTIVE FROM THE DATE WE RECEIVE THE WRITTEN NOTIFICATION ALL DECISIONS WILL BE DETERMINED IN AGENCY’S SOLE DISCRETION.
CHANGES/CANCELLATION BY US OR SUPPLIER
We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also help coordinate any alternative options offered by the Supplier, but we will have no further liability to you. Before or during your trip, Agency and it's suppliers may need to cancel or change/substitute parts of your itinerary, including but not limited to ports of call and embarkation schedule, hotels and accommodations of comparable quality, air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events, make such alterations necessary. Suppliers may also substitute transportation equipment based on circumstances such as passenger volume. Some facilities or services may be limited or unavailable during holidays or special occasions. When possible, alternatives will be offered, but are not guaranteed. Agency is not responsible for closures or necessary itinerary changes. These changes are not considered material and do not give you the right to cancel without penalty. Normal cancellation fees still apply if you cancel your trip after these changes.
NO SHOWS/NO REFUNDS FOR UNUSED SERVICES. Traveler’s failure to travel or show up for any Booking will be considered a “no show.” No shows are subject to: (1) change or cancellation fees of Agency; and (2) Supplier terms, which may include change fees, cancellation fees, and other penalties up to the entire cost of Bookings and Travel Services. Traveler is solely responsible for and agrees to pay all such fees and penalties, which Suppliers may issue as debit memos or any other format any time following a no-show of Traveler. Further, As Agency’s prices are based on contract rates, there will not be any refund for any unused portion of your trip. If you cancel while the trip is in progress, there is no refund for the unused portion. In addition, if you arrive late for a trip or activity, any costs required to reach the location where the rest of the group is at the time of your arrival will be at your own expense.
AIRTRAVEL.
DISCLAIMER. Your contract for airfare is with the air carrier, inclusive of domestic, international, and charter flights, and subject to its terms, conditions and policies and we will not be liable for any fees or expenses, including, without limitation, change fees, cancellation fees or any other additional costs you incur with the air carrier. For charter trips/flights, please be aware the charter operator can legally change, with limited notice, departure times up to forty-eight (48)hours, and flights advertised as non-stop may be changed to make intermediate stops. Suppliers can substitute types of aircraft and even airlines, and are generally not responsible for baggage delays/losses and have very stiff cancellation penalties. In addition, frequent flyer miles may or may not be accrued, and advance seat assignments are frequently not available. Agency is not responsible or liable for any costs incurred with any changes resulting from any flights.
RE-CONFIRM YOUR FLIGHT. We advise you personally to reconfirm your flight schedule within twenty-four(24) hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online twenty-four (24) hours prior to departure. It is recommended that you arrive at the airport a minimum of two (2) hours prior to departure for domestic flights, and three (3) hours for international flights.
BAGGAGE/SEATING. Baggage and personal effects are at all times the sole responsibility of the traveler. Due to continual changes in airline baggage and seat selection policies, it is suggested that you inquire with your airline's website for up-to-date fees and information. Agency is NOT responsible for additional fees incurred for any issues (e.g., delays or loss) relating to baggage (including scuba gear) and/or seating.
HAZARDOUS MATERIALS. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information, contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s website, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.
TRAVELERCONDUCT. You are responsible for: (1) any damage or loss caused by your acts or omissions; and (2) full payment for any such damage or loss directly to Agency or any third party. Agency is not responsible for any costs relating to: (1) Traveler conduct; or (2) Traveler removal from any Travel Services, in whole or part, whether based on Traveler negligence, willful misconduct, or otherwise. You agree not to hold Agency, its owners, directors, employees, agents, or representatives accountable for any claims arising from Traveler's acts or omissions.
Any Authorized Party may, in its discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes: (1) you are a danger to yourself or any other participant; (2) you have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, contrary to applicable law, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other Traveler, any Authorized Party, or any third party; or (3) you do not follow any rule, procedure, or instruction of an Authorized Party.
If you are subject to any such determination of an Authorized Party: (1) you maybe left at any location, city, port, or place any mode of transport stops; (2)you will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation; (3) you will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and (4) no Authorized Party will have any direct or indirect liability of any kind relating to Traveler acts or omissions.
“Authorized Party” means Agency or any Supplier, including owners, directors, employees, agents, and representatives, who provides to you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, tour director, group leader, or crew member.
You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction in which you travel or transit regarding possession and use of restricted or illegal products and materials, including: (1) animals and animal products; (2) plants, fruits, vegetables, and soil; (3) cultural artifacts; (4) alcohol; (5) tobacco and vapes; (6) firearms and ammunition; (7)knives and cutting instruments; (8) weapons; (9) flammables and explosives; and(10) any other products or materials that may be restricted or illegal from time to time (collectively, “Restricted Materials”).
You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction in which you travel or transit regarding possession and use of drugs, substances, and paraphernalia, including prescription, over-the-counter, and other products and materials, which may be restricted or illegal in some jurisdictions but unrestricted and legal in others (collectively, “Drugs”). Possession or use of Restricted Materials or Drugs may result in: (1)immediate termination of Travel Services; and (2) detainment, prosecution, and incarceration by any government authority.
Local laws may require you to carry evidence of medical prescriptions from a qualified physician, and it is the traveler’s responsibility to be aware of any such laws.
HEALTH/DISABILITIES& SPECIAL NEEDS. By booking a Trip with us, you acknowledge that you have undergone a physical examination and either received a doctor's approval to participate or chose to participate without a physician's consent. If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, you must advise Agency in advance of Booking. Travelers with disabilities must notify Agency at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. Countries outside the U.S. often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs. Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs. Please consult your health provider prior to planning or booking your travel. Further, airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges. If you travel with a service or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
Agencywill make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs. However, Agency is not responsible for the failure of Suppliers to meet Traveler needs and expectations.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access toa Supplier due to a pregnancy, or physical or mental disability, Agency shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
For the safety of our guests, Agency reserves the right to request health information prior to travel, including a letter from your physician stating your health status, and to exclude any participants it deems unfit for travel at its sole discretion.
ASSUMPTIONOF RISK/WAIVER. The travel that you are undertaking in connection with your trip inherently involves risks, some in remote areas of the world. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water related activities including scuba diving and risks associated such as decompression sickness, arterial embolism and drowning, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Agency and its representatives; attack by or encounter with insects, reptiles, animals and/or marine life; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Agency and agrees to and shall hold harmless and fully release Agency, and i from any and all claims associated with the trip, includingany claims of third party negligence and/or the negligence of Agency and/or itsrepresentatives, and traveler hereby covenants not to sue Agency and/or itsRepresentatives for any such claims or join any lawsuit or action that is suingAgency. This agreement also binds your heirs, legal representatives, andassigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITYparagraph, shall survive any termination or cancellation of these Terms andConditions, whether by operation of law or otherwise.
ILLNESS& INJURY. other Travelers If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required. In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements. You will not cause a delay or interruption regarding any Trip or otherwise burden other Travelers. You release Agency, Suppliers, and other Travelers from any liability relating to your illness, injury, missed flights or connections, travel delays, or unused Booking.
DESTINATIONSAND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Agency urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can befound at https://travel.state.gov/content/travel.html, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. Should you choose to travel to a country that has been issued a travel warning or advisory, Agency will not be liable for damages or losses that result from travel to such destinations.
Itis the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S.Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card)to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees, which will be collected at the airports upon entry/departure by local government authorities. Agency strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. Children and infants also require all such 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 visit www.travel.state.gov or https://www.dhs.gov/real-id for the most up-to-date requirements for travel documentation.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Centers for Disease Control website at https://www.cdc.gov/.
In addition, certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to youand seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Agency shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
YOU ACKNOWLEDGE ANY FAILURE TO STRICTLY COMPLY WITH THESE REQUIREMENTS MAY RESULT IN DENIED BOARDING OR AN UNDUE DELAY AT AN AIRPORT SECURITY CHECKPOINT CAUSING THE TRAVELER TO MISS FLIGHT(S), AND SUBSEQUENT SCHEDULED TRAVEL BOOKINGS TRIPS. AGENCY BEARS NO RESPONSIBILITY FOR ADVISING AND/OR OBTAINING REQUIRED TRAVEL DOCUMENTATION FOR YOU, OR FOR ANY DELAYS, DAMAGES, AND/OR LOSSES, INCLUDING MISSED PORTIONS OF YOUR VACATION RELATED TO IMPROPER DOCUMENTATION OR GOVERNMENT DECISIONS ABOUT ENTRY.
CLASS ACTION WAIVER/LIMITATION OF LIABILITY/NOTICE OF CLAIM. You agree that you will only bring claims against Agency in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Agency shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and thatyou will not bring suit against Agency unless you have first provided a writtennotice of claim to Agency within thirty (30) days after the trip orcancellation of the trip, further provided that you agree to file suit withinone (1) year of the incident and you acknowledge that this expressly limits theapplicable statute of limitations to one (1) year. Any claims not submitted and received within this time shall be deemed irrevocably waived and barred. Notwithstanding the foregoing, in no event shall Agency’s liability to you (or any member of your traveling party, or your/their heirs, successors and assigns), from any cause of action (whether in contract, tort, indemnity, equity, or otherwise), exceed the amounts paid to Agency for the services Agency performed and provided to you in connection with these Terms and Conditions, and this is your sole and exclusive remedy for abreach of these Terms and Conditions by Agency.
INDEMNITY. Traveler agrees to and shall indemnify and hold harmless Agency and its officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Agency (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your negligent acts or omissions, or any damage caused by traveler while participating in the trip; (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing including the claims of any traveler on behalf of whom you sign and accept these terms. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
FORCEMAJEURE. Agency assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19),or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Agency that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“forcemajeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by Agency.
GOVERNING LAW AND VENUE. These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Orange County in the State of North Carolina.
MISCELLANEOUS. These Terms may be amended only in writing by Agency. You may not assign any right or obligation under these Terms without Agency’s prior written consent, which will not be unreasonably withheld or delayed. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided under these Terms for purposes of notice.
These Terms and Conditions represent the entire agreement and supersede all prior agreements between the Parties regarding their subject matter, written or oral, express or implied.
CONTACTUS. Lindros Travel welcomes your questions or comments regarding your trip:
Email:scott@lindrostravel.com
Attn: Scott Lindros; Owner
Phone:516-729-0161
Lindros Travel is an independent affiliate of A. S. A. P. Cruises Inc.
California Registered Seller of Travel CST 2090937-50. Registration as a seller of travel does not constitute approval by the State of California.
Fla. Seller of Travel Ref. No. ST15578.
WAUBI # 603189022
