These terms and conditions (“Terms and Conditions”) govern the relationship between Travel by Darcy LLC (“TBD” and/or “we/us/our”) and you, the purchaser or traveler (“Client” and “passenger” and “you/your”). By planning travel with TBD, you agree to be bound by these terms and acknowledge that TBD acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, 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 and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to TBD.

USE OF TBD 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 TBD. You agree to be financially responsible for all travel bookings you make with us, whether made on behalf of yourself or for other members of your traveling party. You 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 TBD and its Suppliers, and you acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.

TBD accepts all bookings solely as the booking 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 that by booking travel through TBD, you are also agreeing to the booking terms of each Supplier partner you have selected for your itinerary. You agree that you will 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.

TBD is not liable or responsible for any arrangements made independently of TBD. TBD assumes no responsibility for costs or fees you incur for independent arrangements not booked through TBD, inclusive of, but not limited to, airline, hotel, excursion, and travel protection related charges. If you make your own flight arrangements, TBD is not responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates, and cannot assist you with any schedule changes or delays related to air reservations you have made on your own arrangement. It may not be possible to earn frequent flyer or other loyalty points for reservations on your itinerary. With limited exceptions, hotel and airline rewards or points cannot be redeemed for travel arrangements made by TBD.

TBD is an independent contractor of Cruises & Tours Unlimited dba Outside Agents, California Seller of Travel 2090937-50 (Registered Affiliate), Florida ST15578, Washington 603189022. Registration as a seller of travel does not constitute approval by the State of California.

NO FIDUCIARY DUTY

TBD provides travel planning services based on your stated preferences but does not act as a fiduciary and does not guarantee the suitability of any travel arrangement for your particular needs. Recommendations made by TBD are based on available information and professional experience, but you acknowledge that travel involves subjective preferences and inherent uncertainties. You are responsible for evaluating and approving all travel arrangements before confirmation.

RIGHT TO CORRECT ERRORS AND 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. You are advised to confirm reservations well in advance of your anticipated dates of travel to avoid disappointment, increases in fares and additional late booking fees.

PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TBD. By submitting a credit card authorization form to TBD, you agree to allow TBD 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 TBD OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF TBD OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, TBD 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 final payment or any violation of a Supplier’s conditions of purchase may result in 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 submitted to TBD in writing via email to info@travelbydarcy.com. A cancellation is effective only upon written acknowledgment by TBD. As a result of cancellation or changes to confirmed bookings, TBD’s and 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.

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, and you will be responsible for any increases in cost imposed by the Supplier, as well as any TBD or Supplier change fees. All requests for changes to a booking must be submitted in writing via email to info@travelbydarcy.com. 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.

PLANNING FEES AND CANCELLATION FEES

Planning fees charged by Travel by Darcy (“TBD”) are non-refundable. Planning fees are disclosed during your initial consultation before any work is commenced, and may be assessed on a per-person or per-trip basis depending on the scope and complexity of your travel arrangements. By proceeding with TBD’s services after disclosure of the applicable planning fee, you acknowledge acceptance of and agreement to pay such fee. These fees are assessed to cover the time, expertise, and administrative costs incurred by TBD in researching, designing, and servicing your travel arrangements, regardless of whether the trip is ultimately completed or canceled.

In addition, all reservations made through TBD are subject to cancellation fees in the event you choose to cancel your booking. These fees are separate from, and in addition to, any penalties imposed by third-party Suppliers. Cancellation fees compensate TBD for the professional services rendered in managing your reservation, and will be charged to the credit card or payment method on file at the time of cancellation.

All cancellation requests must be submitted to TBD in writing via email to info@travelbydarcy.com. The applicable cancellation fee schedule will be provided at the time of booking and will apply in accordance with the terms outlined therein.

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all other documents required by applicable government regulations. Passport cards are not accepted for most international travel. 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/ and examples include DHS-designated enhanced driver’s license, U.S. passport, or a foreign government passport.

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, and you are responsible to make TBD aware when traveling on a passport from a country other than the United States of America. TBD neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, TBD is not responsible for lost payments made toward your trip. Please note that rules of each country regarding entry and exit may change at any time.

Children and infants may 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 for additional information.

The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on your tickets and booking records. You acknowledge that it is your responsibility to ensure that the information on your tickets and confirmations is accurate.

WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT TBD IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TO YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR TRAVEL DOCUMENTS, TBD BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.

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. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record or with judgements for unpaid child support should review current entry requirements.

IMMUNIZATIONS AND HEALTH SCREENINGS

You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TBD shall not assume responsibility for the accuracy of health, vaccination, or documentation requirements prior to departure or upon landing at the final destination.

RESPONSIBILITY FOR MINOR TRAVELERS

All minor travelers (persons under the age of 18) must be accompanied by a parent or legal guardian. The adult booking travel on behalf of any minor accepts full responsibility for the conduct, safety, and well-being of all minors in their traveling party throughout the duration of the trip. The booking adult is financially responsible for any costs, damages, or liabilities arising from the actions of minor travelers.

RISKS AND SAFETY

Travel to certain destinations may involve greater risk than others. TBD 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 prior to booking travel to international destinations.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, TBD DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.

LIMITATION OF LIABILITY

Travel by Darcy (“TBD”) acts solely as a booking agent for disclosed principal Suppliers and does not own or operate any of the travel services provided. Each Supplier is an independent entity with its own management and is not subject to the control of TBD.

To the fullest extent permitted by law, TBD’s liability for any claim, loss, or damage arising out of or relating to your travel arrangements shall be limited to the amount of commission and service fees actually received by TBD in connection with your booking. If any court or tribunal of competent jurisdiction determines that this limitation of liability is unenforceable, it shall be reformed to the minimum extent necessary to render it enforceable, rather than voided entirely.

Under no circumstances shall TBD be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including without limitation loss of enjoyment, emotional distress, lost vacation time, delay, or additional expense, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages. You expressly waive any claim for non-economic damages, including but not limited to emotional distress, disappointment, or loss of enjoyment of travel.

FORCE MAJEURE

TBD will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any cause beyond its reasonable control. This includes, without limitation, acts of God, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, national strikes, fire, or any other unforeseen circumstance.

In the event of a force majeure occurrence, any refund of payments made toward your travel arrangements shall be subject to the applicable Supplier’s refund policies. TBD shall not be obligated to refund its own planning fees, service fees, or commissions in the event of cancellation or interruption caused by a force majeure event.

CLIENT CONDUCT AND INDEMNIFICATION

When you book with TBD, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss must be paid directly to the Supplier. Any transportation, possession or use of illegal drugs will result in immediate termination of your trip and may result in prosecution by law enforcement authorities.

You agree to indemnify, defend, and hold harmless TBD, its owners, officers, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising out of or related to: (a) your breach of these Terms and Conditions; (b) your negligence or willful misconduct; (c) your violation of any applicable law, regulation, or third-party right; (d) any claim made by a Supplier or third party resulting from your actions or omissions during travel; or (e) any dispute between you and any other member of your traveling party.

DISPUTE RESOLUTION

In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or your travel bookings with TBD (“Dispute”), you agree to first attempt to resolve the Dispute informally by contacting TBD in writing at info@travelbydarcy.com. TBD and the Client shall make good faith efforts to resolve any Dispute through informal negotiation within thirty (30) days of receipt of written notice of the Dispute.

If a Dispute cannot be resolved through informal negotiation, you agree to submit the Dispute to binding mediation before a mutually agreed-upon mediator in Rockingham County, New Hampshire, prior to initiating any court proceeding. The costs of mediation shall be shared equally between the parties unless the mediator determines otherwise.

If mediation is unsuccessful, either party may pursue the Dispute in a court of competent jurisdiction in Rockingham County, New Hampshire, in accordance with the General provisions of these Terms and Conditions.

CLASS ACTION WAIVER

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN MEDIATION, ARBITRATION, OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST TBD.

COMMUNICATION CONSENT

By providing your contact information to TBD, including your email address, phone number, and/or mailing address, you consent to receive communications from TBD related to your travel bookings, including but not limited to booking confirmations, itinerary updates, payment reminders, schedule changes, and travel alerts. You further consent to receive occasional marketing or promotional communications from TBD. You may opt out of marketing communications at any time by contacting TBD at info@travelbydarcy.com; however, you may not opt out of transactional communications related to active bookings.

DATA PRIVACY

In the course of providing travel planning services, TBD collects and processes personal information, which may include your name, date of birth, passport number, contact information, payment information, and other data necessary to arrange your travel. TBD uses this information solely for the purpose of arranging, managing, and servicing your travel bookings and for communicating with you regarding your travel. TBD may share your personal information with Suppliers and other third parties as necessary to fulfill your travel arrangements.

TBD takes reasonable measures to protect your personal information from unauthorized access, disclosure, or misuse. However, TBD cannot guarantee the absolute security of information transmitted electronically. By providing your personal information to TBD, you acknowledge and accept this risk. TBD retains personal information only for as long as necessary to fulfill the purposes for which it was collected and to comply with applicable legal obligations.

For questions regarding TBD’s data practices or to request access to, correction of, or deletion of your personal information, please contact TBD at info@travelbydarcy.com. If you are a resident of a state with applicable consumer privacy laws, TBD will honor your rights in accordance with those laws.

TRAVEL INSURANCE

TBD OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY.

Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, portions of the trip/tour may not be refunded and TBD’s and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs.

RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website, and are effective immediately on posting.

GENERAL

The laws of the State of New Hampshire govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Rockingham County, New Hampshire in all disputes arising out of or relating to travel bookings with TBD. Any claim against TBD must be brought within twelve (12) months after the date of the completion of the trip and not later.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the agreement shall continue in effect.

These Terms and Conditions constitute the entire agreement between the Client and TBD with respect to travel bookings made with TBD by any means.