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TERMS OF SERVICE
CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of First Coast Tours, Inc. DBA Wallace Pierson Travel (“Wallace Pierson Travel” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. If you do not accept all of these terms, then please do not use our services or our websites. These Terms and Conditions govern the relationship between Wallace Pierson Travel and you, the Customer/Client. These terms restrict your rights and remedies and provide protection to Wallace Pierson Travel, including warranty disclaimers and liability exclusions. By using Wallace Pierson Travel services and this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or Wallace Pierson Travel services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR WALLACE PIERSON TRAVEL’S SERVICES. No alterations to these terms and conditions may be made by any Wallace Pierson Travel employee, advisor, representative or agent, unless in writing by an authorized officer of Wallace Pierson Travel.
TERMS AND CONDITIONS
“Client” and/or “Customer” shall include the person or entity paying for the travel services as well as those utilizing the services.
WALLACE PIERSON TRAVEL and its affiliates strongly recommend that all travelers review each destination country’s specific information at USA State Department Website http://travel.state.gov and USA Centers for Disease Control Website at www.cdc.gov, both of which contain extremely important information on a regular basis, for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to my domestic and/or international destination(s), and re-entry into the United States. Non-U.S. passport holders must contact the embassies of their destination and transit countries to obtain entrance requirements. Required or advised inoculations are the decision of the traveler, in consultation with traveler’s physician, and may need to be administered in a series of doses months ahead of a planned departure. The traveler must take such time element into account when making deposits and/or nonrefundable final payments.
TRAVEL PROTECTION/INSURANCE:
Wallace Pierson Travel and its affiliates strongly recommend that travelers purchase travel protection/insurance. Wallace Pierson Travel and its affiliates offer travel protection/insurance as an additional product but advise that such insurance is NOT automatically included in the cost of an itinerary and must be purchased. Such insurance can protect against some or all of the following types of problems: third party default or bankruptcy, delay, trip interruption, trip cancellation, emergency medical expenses, emergency medical evacuation/repatriation, baggage loss, baggage delay, and/or travel assistance. While no one travel insurance policy can cover all circumstances, Wallace Pierson Travel and its affiliates do offer its clients access to several reputable travel insurance companies, whose premiums, coverages, exclusions and deductibles are frequently different. Please read all travel insurance policies carefully, and if you have any questions, please call the travel insurance company for clarification, since they have the final word on what is covered by a claim and what is not.
Wallace Pierson Travel and its affiliates have provided links to our preferred travel insurance company with this notice, so traveler can review their coverage and policies:
Travelex Insurance
Important note: You are advised that travel insurance/protection must usually be purchased within a certain number of days from when the deposit is paid in order to avoid waiving coverage for pre-existing conditions. The timeframe is imposed by the travel insurance company and is typically 7 to 14 days from the date of deposit.
SPECIAL REQUESTS AND FOOD ALLERGIES:
Please note special meal requests and food allergies on your registration and client information forms. Wallace Pierson Travel and its affiliates cannot be responsible if special requests are not met but we will pass them on to the airlines, hotels and restaurants. If you have dietary restrictions or food allergies, be sure to carry your medications with you at all times. You should carry a list of food allergies written in the language of the country in which you are dining to present to the food service staff. Also, discuss your special needs with your travel and tour personnel and ask the wait staff about the foods you are served.
MOBILITY CONCERNS:
Sightseeing on tours almost always includes walking. Visits to historical places often mean climbing stairs and walking on uneven surfaces or cobblestones. The Americans with Disabilities Act (“ADA”) is only applicable within the U.S., and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. Handicap accessibility is not always available. Tour personnel are not able to provide attendant services. Consult your physician if you have any concerns about your ability to participate.
RISK ASSESSMENT AND TRAVELER REGISTRATION:
Travelers understand that travel to certain destinations may involve greater risk than others. Wallace Pierson Travel 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 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 travelers to enter information about an upcoming trip abroad so that the Department of State can better assist in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
You can visit the Websites of the USA Centers for Disease Control, www.cdc.gov; and the International Society of Travel Medicine, www.istm.org .
TRAVEL BY MINORS:
Although minors under 18 years of age may be able to travel to another country without either one of their parents, they may be required to furnish a notarized written consent letter from one or both parents consenting to such travel. Click here for Minor Travel Consent Form. Minors interested in traveling without their parents or with only 1 parent should contact the embassy to address admissibility questions Click here for information. A list of embassies and entry requirements can be obtained at the Department of State website , or call the particular embassy by phone. Check each airline and every other transportation provider for individual policies, additional fees and requirements.
INSECTICIDE NOTICE:
All travelers are referred to always 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 DOT’s website, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.
FEE STRUCTURE
The client represents that client has reviewed and accepts Wallace Pierson Travel’s Fee Structure on behalf of client and anyone in client’s party. Client acknowledges and accepts there are cancellation policies, change fees, and penalties that apply to client’s travel plans and services if same have been provided in writing. Client agrees to all such cancellation policies, change fees, and penalties, and understands that unused portions of travel vouchers are non-refundable.
PRICING, CHANGES IN PRICING, AND CURRENCY FLUCTUATION
Wallace Pierson Travel will make every reasonable effort to honor pricing as originally quoted. However, under certain circumstances, additional costs by a supplier or governmental entity may be imposed due to an increase in the cost for one or more of the applicable travel components.
Flight confirmation is subject to availability, and prices are subject to change after the date of deposit, including price increases in the price of a seat, baggage charges, applicable fuel surcharges, or increases in any government-imposed fee or tax.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
PAYMENTS
If for any reason client’s credit card charges are later declined or reversed, Wallace Pierson Travel is unable to receive payment for same, or client owes Wallace Pierson Travel any other sums that are not paid within thirty (30) days after same are due, client acknowledges that Wallace Pierson Travel shall be entitled to recovery, including reasonable attorneys’ fees in connection with collection and interest on unpaid charges at 12% per annum (or the highest rate permitted by law).
Client agrees that if client initiates a credit card chargeback that is successful and the supplier makes a claim against Wallace Pierson Travel for some or all of such chargeback, client is responsible to Wallace Pierson Travel for such amounts successfully claimed by the supplier.
Client agrees that client is responsible for all charges, regardless of the reason.
• In this era of economic and political uncertainty, Wallace Pierson Travel and it’s affiliate agencies encourage its clients to protect their travel funds by using their credit cards and purchasing travel protection/insurance.
BEHAVIOR
If client’s behavior prevents a travel supplier from rendering contracted services, Wallace Pierson Travel is not liable for refund of such services.
CONSUMER DISCLOSURE NOTICE, DISCLAIMER OF LIABILITY AND ASSUMPTION OF RISK BY THE CLIENT:
Wallace Pierson Travel recommends that its clients pay for all travel plans by credit card, since credit card companies provide the best possible form of consumer protection against the loss of funds due to supplier bankruptcy. Whether a client pays by credit card, cash, check or debit card, Wallace Pierson Travel will not be held financially liable for the failure of a travel supplier to provide all of their contracted-for services to you, whether due to bankruptcy, weather, labor problems, mechanical issues, terrorism, disease, epidemic, pandemic, political unrest, governmental rulings, acts of war, careless actions, cessation of services or other unforeseen circumstances that causes any sort of injury, death, damage, delay or inconvenience, or any indirect or consequential damages resulting therefrom. Wallace Pierson Travel is not the source or supplier of travel services and acts solely as an agent for the actual suppliers of such services.
Wallace Pierson Travel does not guarantee or ensure the services to be provided by any supplier, the financial position of suppliers, the ability or inability of a supplier to honor credits, and/or the reimbursement for any loss experienced as a result of the financial condition of suppliers.
The client and all persons in the client’s traveling party hereby release and discharge Wallace Pierson Travel, and Wallace Pierson Travel’s agents, employees, officers, directors, shareholders, and independent contractors (the “Releasees”) , from and against any and all liability arising from the client’s participation in the trip, including third party negligence, Acts of God, force majeure, epidemic, pandemic, and the undersigned client and all persons in the client’s traveling party agree that this release will be legally binding upon them and their heirs, successors, assigns, and legal representatives, it being the client’s intention fully to assume all risk of travel and to release the Releasees from any and all liabilities to the maximum permitted by law.
The client acknowledges that he/she/they are aware that the trip being undertaken involves potentially dangerous activities and, depending on the itinerary (whether or not in remote areas of the world), with a risk of illness, injury or death which may be caused by forces of nature, illness, disease, epidemic, pandemic, accident, willful or criminal conduct of third parties, terrorism or other factors. The client represents that client makes a conscious decision to assume the inherent risks of the trip’s activities. The client further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which the client is participating on the trip and that when same are available, they may not be of the quality which exists in the United States.
By offering travel for sale to particular destinations, Wallace Pierson Travel does not represent or warrant that travel to such destinations is advisable or without risk. Wallace Pierson Travel shall not be liable for costs, damages, or losses that may result from travel to such destinations. Participation by the client and a client’s traveling party constitutes acceptance of such events at each traveler’s own risk.
FORCE MAJEURE:
“Force Majeure” means, for the purposes herein, any circumstances beyond the reasonable control of Wallace Pierson Travel, including, but without limitation, acts of God, fire, explosion, volcanic eruptions, earthquake, accident, war or threat of war declared or undeclared, acts of any governmental authority or other authorities, strikes or labor disputes (other than a dispute involving the party seeking to invoke this clause), government intervention, acts or threats of terrorism, civil disturbances, invasion, act of foreign enemies, mobilization, embargo, epidemic, pandemic, outbreak, sickness, disease, quarantine, requisition, defects in machinery and vehicles, delay, wildlife, curtailment of transportation facilities, hazardous weather conditions, contamination by radioactivity from any nuclear fuel or from any nuclear waste, or other untoward occurrences, or any change in laws or regulations that makes it illegal, impossible, or commercially impracticable to perform the travel services.
Wallace Pierson Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable by reason of delay in performance or non-performance of any of its obligations hereunder, to the extent that any such delay or non-performance is due to any Force Majeure.
If Wallace Pierson Travel and/or any of its travel suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Wallace Pierson Travel as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Wallace Pierson Travel shall use its reasonable efforts to obtain reimburse from third parties when reasonably possible. However, Wallace Pierson Travel shall be entitled to deduct from any refund recovered the reasonable actual and out of pocket costs paid by or on behalf of Wallace Pierson Travel relating to the Force Majeure, including work performed and costs expended prior to the date of cancellation due to the Force Majeure and applicable cancellation fees. Client agrees to accept as full and complete performance of travel services as Wallace Pierson Travel and third-party travel suppliers can make.
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