Terms and Conditions

Updated June 16, 2020

Travelopolis LLC are independent travel companies that sell travel products and arrange vacation services. After the purchase of any travel services offered by Travelopolis LLC a contractual agreement between you and the above-referenced companies (referred to throughout this document as “Service Provider”) exists.  The purchase of this trip represents your acceptance of these Terms set out herein (these “Terms”). Please ensure that you read carefully and understand these Terms prior to booking. These Terms are subject to change and you are advised to check our website or to request the latest version of the Terms and Conditions from Service Provider via email.

1. Applicability

 

A) These terms and conditions (these "Terms") are the only terms that govern the provision of group travel services by Travelopolis LLC (collectively "Service Provider") to you, the trip attendee ("Customer").

 

B) Your receipt of payment or down payment for the trip (the "Order Confirmation") and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern. 

 

C) These Terms prevail over any of Customer’s prior written or oral communications between Service Provider and Customer and no provision of services or accommodations will  serve to modify or amend these Terms.

2. Services

 

Service Provider shall handle the administration and travel arrangements for the trip paid for absent any Acts of God that might prevent such administration.

3. Performance Dates

 

Service Provider shall use reasonable efforts to timely update Customer about any payment balances and changes in the trip schedule. Service Provider agrees to timely provide Customer with hotel accommodations, flights, activities, and excursions that client paid for subject to the Force Majeure clause in this agreement.

4. Customer's Obligations

 

Customer shall:

A) cooperate with Service Provider in all matters relating to the Services;

respond promptly to any Service Provider request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement;

 

B) provide required travel documents to participate on this trip. (Customer agrees that these items are not a part of the cost of this package and it is up to the guest(s) to provide these items.);

 

C) finance additional items or activities that are not included in the cost of the trip as detailed on the Order Confirmation form;

pay for any damage that occurs during Customer’s stay at hotel, at an activity, or on the flight, as Customer is solely responsible to return property to its original state or pay for damages;

 

D) arrive timely for the flight or other mode of transportation to the trip destination; 

agree that it is not Service Provider’s responsibility to provide transportation to the trip destination;

participate in paid for activities, but in any event if Customer fails to participate, Service

 

E) Provider will not provide refunds, transportation, or activities at its expense; 

confirm travel arrangements to the destination, but if Customer decides to obtain their flight independently, Service Provider is not responsible to provide transportation to and from the hotel and airport during departure or arrival.

5. Customer's Acts or Omissions

 

If Service Provider's performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

6. Change Orders

 

A) If Customer wishes to change the scope or performance of the Services, Customer shall submit details of the requested change to Service Provider in writing. Service Provider shall, within a reasonable time after such request, provide a written estimate to Customer of:

     i. whether the requested change will be accepted or denied;

     ii. the likely time required to implement the change;

     iii. any necessary variations to the fees and other charges for the Services arising from the change;

     iv: the likely effect of the change on the Services; and

     v. any other impact the change might have on the performance of this Agreement.

 

B) Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a "Change Order"). Neither party shall be bound by any  Change Order unless mutually agreed upon in writing in accordance with Section 15.

 

C) Notwithstanding Section 6(a) and Section 6(b), Service Provider may, from time to time change the Services without the consent of the Customer.

 

D) Service Provider may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis.

7. Fees and Expenses; Payment Terms; Interest on Late Payments

 

1) All deposits are non-refundable.

 

2 All payments are subjected to processing fees that are not included in the price and subject to change. 

 

3) Customer shall pay all invoiced amounts due to Service Provider in US dollars by debit or credit card, cash will not be accepted.

 

4) Service Provider will not automatically withdraw ANY PAYMENTS from your card without your consent, but if you agree to a payment plan or automatic payments, such payments will commence. 

 

5) Client agrees to make all payments on before or by 11:59 PM Central Time on the monthly payment due date. All other payments are late and may be taxed a late fee in the amount determined by Service Provider. 

 

6) In the event payments are not received by Service Provider within seven days after becoming due, Service Provider reserves the right to:

     i. charge interest on any such unpaid amounts at a rate not less than 10% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and

     ii. trip cancellation may result.  

 

7) Failure to make two payments will result in trip cancellation and all payments that are made up until said cancellation are non-refundable. 

 

8) Tips and gratuities to service providers are not included unless otherwise specified in this quote.

7. Taxes

 

A) Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder. 

 

     i) The following expenses are not included: U.S. and International arrival and departure, and other government imposed fees are not included. Port taxes; passports; visas and vaccinations; tips to your tour director, host, driver, local guides, and/or ships’ crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted menu as presented at a hotel or restaurant (these extra items will be billed to you before leaving the hotel or restaurant); optional excursions; airport transfers on non-qualifying flights; porterage at airports and train stations; travel insurance premiums; carrier baggage fees; and all other items of a personal nature.

8. Taxes

 

A) Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder. 

 

     i) The following expenses are not included: U.S. and International arrival and departure, and other government imposed fees are not included. Port taxes; passports; visas and vaccinations; tips to your tour director, host, driver, local guides, and/or ships’ crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted menu as presented at a hotel or restaurant (these extra items will be billed to you before leaving the hotel or restaurant); optional excursions; airport transfers on non-qualifying flights; porterage at airports and train stations; travel insurance premiums; carrier baggage fees; and all other items of a personal nature.

9. Confidential Information

 

A) All non-public, confidential or proprietary information of Service Provider, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Service Provider to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Service Provider. Confidential Information does not include information that is:

     i. in the public domain;

     ii. known to Customer at the time of disclosure; or

     iii. rightfully obtained by Customer on a non-confidential basis from a third party.

     iv. Customer agrees to use the Confidential Information only to make use of the Services and Deliverables.

     v. Service Provider shall be entitled to injunctive relief for any violation of this Section.

9. Representation and Warranty.

  1. Service Provider represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.

  2. The Service Provider shall not be liable for a breach of the warranty set forth in Section 10(a) unless Customer gives written notice of the defective Services, reasonably described, to Service Provider within 7 days of the time when Customer discovers or ought to have discovered that the Services were defective.

  3. Subject to Section 10(b), Service Provider shall, in its sole discretion, either:

    1. repair or re-perform such Services (or the defective part); or

    2. credit or refund the price of such Services at the pro rata contract rate.

  4. THE REMEDIES SET FORTH IN SECTION 10(c) SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SERVICE PROVIDER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10(a).

 

  1. Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10(A) ABOVE, SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

  1. Limitation of Liability.

    1. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

    2. IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.

    3. The limitation of liability set forth in Section 12(b) above shall not apply to (i) liability resulting from Service Provider's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Service Provider's negligent acts or omissions.

 

  1. Travel Insurance and Cancellation. 

    1. Only Customers with travel insurance may be provided a refund, depending on the terms of the insurance purchased. 

    2. With travel insurance, you can cancel for any reason before [INSERT MONTH/DATE/YEAR] and receive a 50% refund. Regardless of having travel insurance or not, you will be unable to receive a refund after [INSERT MONTH/DATE/YEAR]. 

    3. Absent travel insurance, ALL PAYMENTS MADE ARE NON-REFUNDABLE. 

    4. Travel insurance must only be added to Customer’s travel package at the time of the deposit being made and cannot be added afterwards. 

    5. Service Provider reserves the right to cancel this tour at any time prior to the date of the tour. In that instance, Service Provider will issue refunds of 50% to Customer. 

    6. Service Provider reserves the right to modify the tour at any time.

 

  1. Refunds.

    1. All refunds issued will be provided within 14 days and will be processed back to the original form of payment used by Customer.  

 

  1. Changes and Modifications.

    1. All requests for changes or modifications to the trip must be submitted in writing. Any changes that are not provided in writing will not be honored.

    2. Name Change. A Customer may, with the approval of Service Provider, make a partial name change or a complete name change all name changes must be made by [INSERT MONTH/DATE/YEAR]. 

    3. Customer Information Change. A client wants to make partial and complete changes by [INSERT MONTH/DATE/YEAR].

    4. Any name changes that exceeds five letters after [INSERT MONTH/DATE/YEAR] will incur a $50 change fee.

 

  1. Chargebacks.

    1. Customer agrees by authorizing this payment not to report it as fraud. Customer agrees that reporting this charge as fraud constitutes fraudulent activity.

    2. Customer agrees to pay any expenses incurred by Service Provider due to Customer’s fraudulent activity.  

    3. Customer understands that requesting a chargeback from Customer’s bank will cancel Customer’s enrollment in the trip. 

 

  1. Attendance of Children.

    1. Children of all ages are welcome to come on the trip as long as they are accompanied by an adult over the age of 21 years old. If Customer cancels their reservation and there is no other adult on the reservation, the reservation will automatically cancel for the child. 

    2. Service Provider takes on no responsibility for the safety of children or adults that attend the trip. 

    3. Customer agrees to ensure that any children who attends the trip adheres to the terms and conditions within this Agreement and Customer agrees to be personally liable for any breach of this Agreement caused by a child traveler accompanying Customer on this trip. 

    4. Customer agrees to be responsible for any children that Customer brings throughout the entire duration of the trip. Service Provider takes on no liability for ANYTHING that happens to children or adults during the trip. 

    5. You agree to indemnify and hold Service Provider harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you.

 

  1. Photography Permission. 

    1. You hereby consent to our use of pictures or video of you in our marketing materials without compensation.

 

  1. Buddy System. 

    1. Customer understands that the buddy system is a program designed to allow single travelers to be paired with another single traveler going on the same trip.

    2. Customers who want to be in the buddy system must indicate this on their registration form when they pay their deposits.

    3. Once registration is officially closed, it will take Service Provider up to four weeks to pair you with another single traveler going on the trip. 

    4. If Service Provider cannot find another single traveler to pair you with, you will receive a full refund for all payments made. 

    5. If Service Provider finds you a single traveler to pair you with, Service Provider will provide each traveler with the other’s email address. 

    6. Customer understands that once Service Provider pairs you with another traveler going on the trip, Service Provider is not responsible for finding you another roommate if your roommate chooses to cancel. 

 

  1. Conduct During The Tour. Customer is responsible for respecting the authority and following the directions of the various tour guides and the laws of the countries in your itinerary during the trip. Service Provider may exclude you from participating in all or any part of the trip if, in our sole discretion, your condition or behavior renders you unfit for the trip or unfit for continuation once the trip has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of trip services or may constitute a hazard or embarrassment. 

 

  1. Additional Terms and Conditions. All Customers agree not to sue Service Provider, or other representatives or their successors and assign for injuries or damages of any kind suffered as a result of this tour or any related activity outside of those due to the willful and reckless behavior of Service Provider. 

 

  1. Waiver. No waiver by Service Provider of any provision of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

  1. Force Majeure. The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

  1. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.

 

  1. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

  1. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

 

  1. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. 

 

  1. Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Indiana in each case located in the City of Gary and County of Lake County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

 

  1. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

 

  1. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.

 

  1. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of Service Provider.

 

  1. Arbitration and Waiver of Trial by Jury. You agree to present any claims against us within ninety (90) days after the trip ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved exclusively by binding arbitration in Gary, Indiana, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by the substantive law of the State of Indiana. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable.


Attorneys’ Fees. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.