These terms and conditions (“Terms and Conditions”) govern the relationship between Atkins Travel Agency, LLC (“ATA” and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with ATA, you agree to be bound by these terms and acknowledge that ATA acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warranties, disclaimers, and exclusions of liability and may restrict your rights and remedies and provide protection to ATA.

 

USE OF ATA SERVICES, ACCESS, AND INFORMATION FOR TRAVEL BOOKINGS

 

You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with ATA. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with ATA and its Suppliers and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.

 

All bookings are accepted by ATA as an agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved.

 

PAYMENTS AND CANCELLATIONS

 

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through ATA. By submitting a credit card authorization form to ATA, you agree to allow ATA to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF ATA OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF ATA OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, ATA RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.

 

All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make the final payment or any violation of a Supplier’s conditions of purchase may result in the cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to ATA in writing. As a result of cancellation, third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.

 

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

 

It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are a DHS-designated enhanced driver’s license, a Passport, and a foreign government passport. The name, date of birth, and gender that appear on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. 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 Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.

 

WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT ATA IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.

 

ATA 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 anticipated date of return. Non-United States citizens may require additional documentation. The Client is responsible for making ATA aware when traveling on a passport from a country other than the United States of America. ATA neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, ATA is not responsible for lost payments made toward the contemplated trip. Please note that the rules of each country regarding entry and exit change on a daily basis.

 

Children and infants also require 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 see https://help.cbp.gov/s/article/Article-3643 for additional information.

 

INDIVIDUAL ENTRY AND EXIT REQUIREMENTS

 

Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.

 

HAZARDOUS MATERIALS

 

Federal law prohibits passengers from bringing hazardous materials on the aircraft.  

(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s 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, and corrosive and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.  

(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed at http://www.tsa.gov/traveler-information/prohibited-items.

 

INSECTICIDE NOTICE

 

We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

 

HEALTH/IMMUNIZATIONS

 

You must have the proper immunizations and health screenings and the required documentation of such immunizations and screenings before travel. ATA shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by the Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov for relevant information relating to travel to specific destinations and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.

 

AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN

 

ATA shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only and may vary in price. Failure to use a reservation may result in the automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.

 

Airline e-tickets expire a year from the issue date unless carrier fare rules in the passenger’s itinerary fare provide otherwise.

 

Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights and 72 hours prior for international flights.

 

RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY

 

We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives, and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares, and additional late booking fees.

 

UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS, AND ALTERATIONS TO BOOKINGS

 

When tour, cruise, or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.

 

Some group tours are based on the minimum number of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.

 

If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to ATA.

 

The Supplier may determine that alterations in the itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and ATA bears no responsibility for any changes.

 

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

 

ATA acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of ATA. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.

 

BECAUSE ATA ACTS AS AN AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT ATA IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY ARISE OUT OF THESE SERVICES. ATA HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH ATA, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF ATA’S CONTROL, AND YOU HEREBY EXONERATE ATA FROM ANY LIABILITY WITH RESPECT TO THE SAME.

 

ATA HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS, AND THE CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM ATA WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY ATA.

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RISKS/SAFETY

 

BY BOOKING TRAVEL WITH ATA, YOU ARE AGREEING TO TERMS THAT WILL WAIVE CERTAIN LEGAL RIGHTS. Certain activities that are included as part of itineraries that we book pose inherent risks and may be dangerous. Your itinerary may also involve travel to remote areas without access to medical facilities or treatment, changing weather conditions, interactions or encounters with wildlife. By booking a trip with ATA, you acknowledge that you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use the equipment.

 

If you use, consume, or are under the influence of alcohol or illegal drugs before or while engaging in any activities on your itinerary, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS, INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by ATA or third parties, and you indemnify ATA from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Activities, while, during, or after the consumption of illegal drugs or alcohol.

 

Travel to certain destinations may involve greater risk than others. ATA urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government before booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.

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Travel advisories and information can be found on relevant government websites such as http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. ATA recommends enrollment in the Smart Traveler Enrollment Program (STEP) for U.S. citizens traveling abroad. STEP provides assistance in emergencies, and registration is available at https://step.state.gov/step/.

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CONSENT TO TERMS

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By booking travel with ATA, you agree to the terms and conditions outlined in this document. These terms include but are not limited to payment responsibilities, cancellation policies, and limitations of liability. Your agreement acknowledges that ATA acts as an agent for disclosed principal Suppliers and is not liable for personal injury, property damage, or other issues arising from travel services provided by Suppliers.

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CLIENT'S RESPONSIBILITY

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Clients are responsible for staying informed about entry and exit requirements, health precautions, and travel advisories. It is the Client's responsibility to ensure the accuracy of travel documents and to communicate changes or corrections promptly to ATA. Clients should be aware of risks associated with activities in itineraries and adhere to safety guidelines provided by ATA and Suppliers.

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DISPUTE RESOLUTION

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In the event of a dispute, clients agree to attempt resolution through informal negotiation. If resolution is not reached, any dispute arising from or related to these terms and conditions will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in arbitration is entitled to recover its costs, including reasonable attorney fees.

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MODIFICATION OF TERMS

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ATA reserves the right to modify these terms and conditions at any time without prior notice. Clients are responsible for reviewing the terms periodically, and continued use of ATA's services constitutes acceptance of any modifications.

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GOVERNING LAW

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These terms and conditions are governed by the laws of the state in which ATA is registered. Any legal actions or proceedings relating to these terms will be brought in the state or federal courts of that state.

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ACKNOWLEDGMENT

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By continuing with travel bookings through ATA, you acknowledge that you have read, understood, and agreed to these terms and conditions. If any provision of this agreement is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

This document constitutes the entire agreement between the client and ATA and supersedes any prior agreements or understandings, whether written or oral.