Terms & Conditions:
These booking conditions were published in December 2009 and apply to all bookings made thereafter. They form the basis of your contract and you should therefore read them carefully. For bookings of tours and vacations (please see below), your contract will be with Travel is SWELL.com. For all other bookings your contract will be with the supplier of the vacation, tour, or service rendered (e.g. the airline) for whom we act as an agent only. Where your contract is with the supplier of the vacation, tour, or service(s) rendered, we cannot accept any liability in relation to those vacations, tours, or services which rest solely with the supplier concerned. The booking conditions of the supplier(s) we use will apply to your booking and these will be provided to you. Where we refer to packages, we are referring to a combination of at least two of the following types of services when booked at the same time providing the accommodation lasts at least 24 hours or includes overnight accommodation.
(c) Other tourist services forming a significant part of the booking.
1. Securing your reservation:
Bookings can be made in person, by phone, letter, fax, mail or over the internet.
When securing your reservation, you must complete the reservation form which must be signed by the lead passenger on behalf of your whole party accepting these terms and conditions. The lead passenger will be responsible for all payments in respect of the booking to include initial consulting fee. When reservation is made, a deposit of 15% or $200.00 per person which ever is the greater is payable or full payment if within forty five (45) days of departure, in addition all applicable insurance policies must be paid at the time of booking. If we are in a position to do so we will confirm arrangements immediately upon receipt of the signed reservation form and the appropriate deposit/payment so that your holiday is secured. Once your consulting fee and deposit payment has been received by Travel is SWELL.com, you have entered into a booking contract irrespective of whether a booking form has been received or not. If you have booked a package and your contract is with Travel is SWELL.com, the contract does not come into existence until we have issued our confirmation invoice. Your contract and all matters arising out of it are governed by laws established in the United States, and its respective states. However, we shall consider and respect the laws of your respective country if you do not reside in the United States. When you have secured your package through one of our suppliers, we will issue a receipt to you once we have received the confirmation invoice from the supplier. There will be occasions where we are unable to confirm certain arrangements immediately (e.g. when a hotel is only available on request). In this case, a contract for the vacation, tour, or services concerned will only come into existence once we have specifically confirmed those services which has been reserved even if we have issued a temporary confirmation invoice to you. Please ensure you check all the details of your confirmation invoice and inform us immediately of any discrepancies (e.g. mis-spelled names).
2. Your retainer fees:
After our first conversation or e-mail exchange we will require an initial non-refundable fee of $250.00. You may elect to pay by check or major credit card.
For private consulting for individuals, we will apply $150.00 towards the deposit of the first booking you secure with us. Your $250.00 retainer fee is nonrefundable. The annual fee for businesses and associations are also nonrefundable.
Your final payment must be paid at least forty five (45) days prior to departure, if the balance is not paid in time we reserve the right to cancel your travel arrangements and retain your deposit.
4. The cost of your travel arrangements:
Travel is SWELL.com and its preferred suppliers have the right to increase or decrease the prices of unsold holiday and travel arrangements at any time. The current price will be confirmed at the time if booking, although we reserve the right to correct errors thereafter. After confirmation, the following provisions apply.
The price of your travel arrangements may vary due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents), travel suppliers, and the tour operator. Also government action such as changes in passenger facility charges, airport taxes, 9/11 security charges, VAT (For European destinations), or any other government imposed changes. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of $4.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may elect to cancel your travel arrangements and receive a full refund of all monies paid, except for any cancellation fees or amendment charges. Should you decide to cancel for these reasons, you must exercise your right to do so within 14 days from the issue date printed on your final confirmation invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 7 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
(B) All other arrangements:
Prices can be increased by our preferred suppliers. We will notify you of any increases as soon as we become aware of them. You may then have the option to pay in full immediately to secure the rate applicable at the time of booking or pay the increased fare by making payments on the original balance due date. Where any surcharge has to be paid, it will be payable with the balance of the cost of the arrangements in question or specified on the surcharge invoice, whichever is the later. Please note, if your travel arrangement is paid in full at time of booking we will not pass on any increase in cost to you due to currency surcharges.
(C) Airline Ticket Deadlines:
Many airlines now enforce ticket payment deadlines of 2 to 7 days after booking. Check with your consultant for relevant ticketing and payment deadlines.
5. Amendments by you:
If after booking you wish to make changes to your travel arrangements we will do our best to meet your new requirements. You will need to confirm your request in writing from the person who signed the booking from. There will be a $100.00 per person administration fee and you will also be asked to pay any costs we incur in making the changes. Please note that no credit or refund will be due for any unused services provided in the cost of your travel arrangements. While abroad; if you make any alterations to your confirmed holiday arrangements for example weather changes, illness or disinclination to travel, we regret that no credit or refund is possible. If you decide to alter your travel arrangements while abroad, this is your own responsibility and Travel is SWELL.com or its preferred suppliers are not responsible for any extras or difficulties that may arise with onward travel as result of such alterations. Travel is SWELL.com and its preferred suppliers recommend the purchase of a viable travel protection plan to help protect your travel arrangements.
6. Cancellation by you:
You, or a member of your party, may cancel your travel arrangements at any time. A written notification from the person who signed the reservation form must be received at our office prior to us canceling your travel arrangement. Applicable cancellation charges up to the maximum amount is assessed as follows:
Period before departure within which written cancellation is received Amount of cancellation charge shown as a % of holiday price:
More than 90 Days – $100.00 plus other applicable fees
Between 46- 89 Days – The amount of the deposit
Between 30-45 Days – 25% of the total cost of the travel arrangement
Between 15-29 Days – 50% of the total cost of the travel arrangement
Less than 14 Days – 100% of the total cost of the travel arrangement
For certain hotels, flights, cruises and tours etc., the cancellation may be higher, please contact us for details. Depending on the reason for cancellation, you may be able to reclaim these cancellation fees less any excesses under the terms of your insurance policy. Cancellation charges must however be paid before they can be claimed from insurers. Please note that some airline tickets have a 100% nonrefundable fee.
7. Changes made by Travel is SWELL.com or its preferred suppliers:
(A) Packages, customized travel, and other bookings where Travel is SWELL.com is the principal to the contract.
On occasion changes may be made to your travel arrangement. In these cases, we reserve the right to do so at any time. Most of these changes are minor and we will advise you at the earliest possible date. Flight schedules and carriers that we prefer to use are also subject to change due to airline procedures. These details are given as guidance only final details will be shown on your tickets.
If a major change becomes necessary, we will inform you as soon as possible provided that there is ample time available before your departure. Changes to aircraft type or airline are deemed to be minor changes. When a major change occurs such as the alteration on your outward/return flights by more than 12 hours, or your departure airport to one which is more inconvenient to you, a change of accommodation area or reduction in the standard of accommodation, in case of tours a significant change of itinerary, you will have the choice of either:
(1) Accepting the change of arrangements as notified to you or
(2) Purchasing alternative arrangements of a comparable standard if available and paying or receiving a price refund in respect of any price difference.
(3) Canceling your travel arrangements and receiving a full and prompt refund of all monies paid to us. In all cases, except where the changes arise due to reasons of force majeure.
(B) All other arrangements including where Travel is SWELL.com acts as an agent.
Our generally reserve the right to change arrangements both before and after a booking has been confirmed. We will notify you of any changes as soon as we are notified of them but we cannot accept any liability in relation to any change
8. Cancellation by us / Service Provider:
(A) Packages and other bookings where Travel is SWELL.com acts as a principal to the contract. Occasionally it may be necessary to cancel confirmed arrangements. We must reserve the right to do so. However, we will not cancel less than six weeks before departure unless you have failed to make payment in full or we are forced to as a result of circumstances beyond our control. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, compensation will be payable in accordance with clause 7. Force Majeure: Compensation will not be payable if we are forced to cancel or change your travel arrangements in any way for reasons of war, threat of war, riot, civil strike, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other circumstances amounting to force majeure.
(B) All other arrangements including where Travel is SWELL.com act as an agent. our preferred suppliers generally reserve the right to cancel arrangements at any time. We will notify you of any cancellation as soon as we are notified of it but we cannot accept any liability in relation to any cancellation. We will not be held responsible if the rare occasion should arise, where a service provider goes into liquidation and/or receivership.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) or our representative/agent (where there is one) within 24 hours to put things right. If your complaint cannot be completely resolved locally, you must fax your complaint to Travel is SWELL.com at 1-888-963-8986, or submit your complaint by E-mail to email@example.com for a quick response to your complaint. It is imperative that you, or another member of your party contact us within 24 hours in order for us to be able to assist in rectifying the matter. Failure to notify us and our preferred suppliers of any difficulties may seriously affect your legal rights. It may even result loss in any refunds or compensation to which you may be entitled to. If the problem cannot be resolved in the above manner, please contact us in writing at the registered address within 28 days of your return, quoting your booking reference and all other relevant information and documentation.
10. Our liability to you:
(please note sub-clause (1) and (2) below only apply to packages)
(1) We accept responsibility for ensuring that the Travel arrangements which you book with us are supplied as described in your itinerary. If any part of your travel arrangements is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents However, we do not accept liability for the acts and/or omissions on the part of our preferred suppliers and their agents/representatives acting in the scope of, or in the course of, their employment in the provision of your travel arrangements. Our liability in all cases shall be limited to a maximum of the price of the travel arrangement (excluding insurance policy’s and amendment charges) of the person (s) affected in total. This clause is also subject to force majeure and other terms of these booking conditions.
(2) The amount of compensation to which you are entitled will be limited by the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract.
11. Personal injury unconnected with your Booked Travel Arrangements:
If you, or any member of your party suffer personal illness, injury or death by accident arising out of an activity which does not form part of your package travel arrangements nor an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 30 days of its occurrence. Where legal action is contemplated our written consent must be obtained prior to commencement of proceedings and our consent is subject to your undertaking to assign any costs received or any benefits received under any relevant insurance policy to ourselves.
12. Flights and other transport services:
(A) Please note that all scheduled flight, cruise and rail departures provided to you in your proposals are estimates only and are subject to change. All schedules will be shown on your confirmation/invoice. All schedules may be effected by operational difficulties, weather conditions, passengers failing to check in on time, and other factors outside of our control. The actual flight times will be shown on your final itinerary. You must check your tickets carefully to ensure you have the latest schedules. In addition, you must read and observe the instructions sent with your tickets for reconfirming your return flight at least 3 days prior to your departure where possible.
(B) Conditions of Service Providers – When you travel with a carrier, the conditions of that carrier will apply, some of which may limit liability. The conditions of that carrier is incorporated in your travel confirmation invoice. You may ask for copies of the relevant conditions of carriage from our offices.
We strongly recommend that you purchase a comprehensive travel protection plan both for protection against emergencies which may occur, and for your own peace of mind. We can offer excellent travel protection plans, details of which are available on request.
14. Tickets and Travel Documents:
Tickets and Travel documents unless collected from us are normally shipped to you via second-day air, priority mail, or next day air within 3 to 4 weeks prior to your departure. You will be required to sign for the travel documents upon arrival unless you notify us of alternate arrangements.
15. Passports, visas and health requirements:
Details of the passport, visa and health requirements as applicable to United States Citizens are shown on the confirmation/invoice. Non U.S. citizens, Canadian citizens, and British citizens not holding a full passport must consult their respective Embassy for assistance.
Requirements may change and you should check the up to date position in good time before departure, it is your responsibility to obtain proper and detailed medical advice and to ensure you have the correct visa and passport requirements to gain access or pass through any country or region included in the travel arrangements which you have purchased. If you fail to do either we have no liability to you, for any cost, loss or damage which you suffer as a result and nor we will refund the cost of any unused portion of your travel arrangements. Please note that your Elite Travel Consultant will assist you in every step of the way. Please click here to obtain additional passport information.
If you return any unused flight ticket(s) to us for refund, we will submit them to the relevant airline for refund. If we receive the refund from the airline we will forward it to you less any applicable cancellation or administration charges in accordance with our cancellation booking conditions. Refunds usually take between 8 and 12 weeks but in some cases may take longer.
17. Special Requests and medical problems:
(A) Special requests – If you have any special requests, please inform us as soon as possible in writing, and preferably at the time of booking. Although we will make every effort to meet any such request, we regret that we cannot guarantee our preferred suppliers will honor the request. Failure to meet such special requests will not be a breach of contract on our part.
(B) Medical Problems – If you have any medical problem or disability which may effect your chosen travel arrangements you must provide us with full details at the time of booking. We will pass those details on to the relevant suppliers/service providers. However, if we or the service provider feels unable to properly accommodate your particular needs, we/the relevant supplier reserve the right to decline/cancel the booking.
18. Hotels prices and ratings:
All prices quoted are in United States dollars, and are per person per night unless otherwise stated based on 2 people sharing a room. The hotel ratings shown in our web site/s are not necessarily the official ratings, but have been set by us to offer you a guideline of the standard only.
(A) Accommodation in the tropics. In many hotels, especially beach resorts, ‘insects’ in the rooms are almost inevitable. It should by no means be taken as a sign of dirtiness, simply as a fact of life at this destination.
(B) Triple/Quad Rooms. A third or fourth person in the room either shares existing beds or has extra beds placed in a double/twin room, and conditions may be cramped.
20. Data Protection Act:
Please be aware that we must pass the information you provide such as name, address, any special needs/dietary requirements etc. on to the relevant suppliers of your arrangements such as airlines, hotels etc. The information may also be provided to public authorities such as cruise lines for customs or immigration purposes if required by them, or as required by law.
We thank you for considering Travel is SWELL.com for your travel needs.