Terms of Service

BETWEEN: Above and Beyond Travel Group (“Agency,” “our,” “us,” or “we”)

AND: You (“you,” “your,” or “yourself”)

(each a “Party” and, together, the “Parties”).

The Parties agree as set out below.

These Terms become effective and binding on each Traveler upon the earlier of: (1) your written, digital, or electronic signature or other acceptance; or (2) your Booking, payment toward, or use of Travel Services. The Terms remain in effect until terminated upon a Party’s written notice of termination to the other Party.

The Terms are subject to change at any time in Agency’s discretion, without notice to you. Changes become effective upon the earlier of: (1) your written, digital, or electronic signature or other acceptance; (2) your Booking, payment toward, or use of Travel Services; (3) our written notice to you; or (4) publication at kelli@aboveandbeyondtravelgroup.com.

DEFINITIONS

“Booking” means a reservation made by Agency regarding your Travel Services.

“Supplier” means a party who provides Travel Services to Travelers.

“Traveler” means you or any other traveler on the same Booking.

“Travel Services” means travel products and services provided to Travelers by Suppliers, including air, land, or water transportation, lodging, vehicle rentals, tours, excursions, entertainment, food and drink services, and similar products and services, for which Agency makes any Booking.

“Trip” means the composite of all Travel Services.

“Trip Documentation” means the documentation and communications we provide to you with details and pricing regarding your Trip.

TRAVELER OBLIGATIONS

Each Traveler agrees to: (1) carefully read and understand these Terms, any Travel Client Agreement or other agreement between the Parties, your Trip Documentation, and all correspondence between you and us regarding your Trip; (2) notify us promptly, and in any event within 24 hours from receipt, of any errors or omissions in your Trip Documentation; (3) contact us to arrange your Trip sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases; (4) make all deposits and payments per the schedules and dates set out in your Trip Documentation; and (5) review, remain aware, and remain up-to-date regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites, as set out in these Terms.

You warrant that you are 18 years of age or older and have authority to sign and accept these Terms on behalf of all minor and adult Travelers on the same Booking who reside in your household.

If you do not understand any part of these Terms, please contact us in writing as soon as possible.

SUPPLIERS

Suppliers are independent of Agency, managed separately, who provide Travel Services to you. Suppliers are not subject to Agency’s control—they are not employees, agents, representatives, or affiliates of Agency.

Agency is not responsible for any Supplier’s breach of contract, changes to Travel Services or routes, failure to comply with laws or regulations in any jurisdiction, or willful or negligent acts or omissions, which may result in price increases, delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions.

Suppliers operate under their own terms and conditions, which are separate from these Terms. All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier. Your travel documentation identifies each Supplier responsible for providing your Travel Services. By paying for Travel Services, you consent to the use of those Suppliers.

Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with the terms imposed by each Supplier, including: (1) payment of all amounts when due; and (2) rules and restrictions regarding the availability and use of Travel Services, including baggage allowances, check-in/check-out times, and age or height restrictions. Any questions about a Supplier’s terms and conditions should be addressed to the Supplier of a specific Travel Service.

You understand that any violation of Supplier terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such violation results in costs to Agency, you agree to promptly reimburse Agency for all such costs. Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.

If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel Services or they may stop operations. In such case, other Suppliers may, but are not required to, provide alternative travel services to you. Agency is not permitted to provide refunds to you for Suppliers who have declared bankruptcy. Agency has no special knowledge about the financial condition of any Supplier.

Agency has no liability for recommending a Trip credit or a refund. All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice.

TRAVEL RISK & INSURANCE

Agency is not an insurance agent or provider. We advise travelers of the availability of travel insurance, which third-party insurance agents and providers offer to travelers in exchange for fees.

We recommend that you buy such insurance to cover each Traveler. If you have any questions or if you have not received information on the availability of such insurance, please contact us as soon as possible.

You understand that your Trip may involve: (1) inherent risks and unplanned events; (2) fees for changes and cancellations; and (3) other unexpected costs, some of which may be NON-REFUNDABLE.

You are responsible for choosing to buy (or not to buy) travel insurance.

If you choose to buy travel insurance: (1) you are responsible for reading and understanding all details and terms regarding your itineraries and insurance coverages; (2) you understand that insurance covers only those things expressly stated in each policy; (3) you understand that insurance policies may include restrictions or pricing policies based, for example, on the type and location of travel or the time of purchase; and (4) you understand insurance policies may exclude coverage for matters such as pre-existing medical conditions, travel interruptions relating to any pandemic or epidemic, and risk activities and locations.

If you choose not to buy travel insurance: (1) you accept all risks relating to your travel; (2) you may lose up to 100% of the cost of travel bookings, plus any cancellation and related fees charged by Agency and third-party suppliers; and (3) you waive insurance protection relating to your travel, including without limitation, changes and cancellations; baggage delays and loss; supplier defaults; medical costs; and accidents and emergencies; and any other damage, loss, cost, injury, and death relating to your travel.

You waive all claims against and indemnify Agency, its owners, directors, employees, contractors, advisors, agents, representatives, successors, and assigns for and from any damage, loss, cost, injury, or death relating to: (1) your decision to buy or not to buy travel insurance; (2) any insurance policy you may choose to buy; and (3) any claim your insurance provider may deny.

This section will survive termination of these Terms.

PERSONAL INFORMATION

You understand that, as part of Booking any Travel Services, your personal information may be conveyed to Agency, Suppliers, and other third-party providers to accommodate your travel, and you consent to the use of your personal information by these parties. Such personal information may include birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.

Agency has no liability regarding: (1) the distribution of your information to any Supplier or other third party, including any CRM or other technology platform outside our control; or (2) any third party’s failure to protect your personal information. You authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.

SOCIAL MEDIA

Each Traveler grants to Agency an unrestricted, royalty-free, non-exclusive, worldwide license to use, in Agency’s discretion, Traveler's name, image, and likeness, including any photo or audio or video recording, relating to a Trip for marketing, promotion, tagging, or any other lawful purpose on social media platforms, online locations, and Agency’s website.

PRICING & INCLUSIONS

Quoted prices are based on the precise inclusions we provide to you in the Trip Documentation.

Unless specifically itemized in the Trip Documentation, prices do not include other travel costs, fees, or taxes, including: (1) fees imposed by or for airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or (2) fees for meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other personal charges.

All Supplier prices and availability are subject to change without prior notice until you make full payment of deposits and other amounts due, as agreed in your Trip Documentation. However, even following your full payment, you agree to pay additional fees that may arise for variable matters beyond our control, including fuel and other surcharges.

Agency has no responsibility for: (1) transparency or disclosure by any third party regarding its pricing; (2) price changes or variable fees; (3) currency exchange fluctuations; or (4) charges relating to foreign-currency transactions.

We reserve the right at any time for any reason to correct errors or omissions regarding prices, to re-invoice you at corrected prices, or to take any other corrective measures regarding your Bookings.

PAYMENT

You agree to make full payment of deposits and other amounts due as agreed in your Trip Documentation. If you do not make full payment of any deposit or other amount by its due date: (1) Suppliers may impose price increases, fees, or penalties; (2) Suppliers may cancel your Bookings in whole or part; (3) Agency may cancel your Bookings in whole or part; and (4) your previous deposits and other amounts paid may be NON-REFUNDABLE under Supplier terms.

You are solely responsible, and Agency has no responsibility or liability, for consequences relating to your late payment or non-payment.

If you request re-Booking, Agency will assist you with obtaining any refunds due to re-Booking Trips (e.g., using future cruise credits). However, Agency may, in its discretion, charge a NON-REFUNDABLE fee for re-Bookings.

Unless Agency provides prior written consent: (1) we are not the “merchant of record” (as defined by the U.S. Department of Transportation) regarding your Travel Services; (2) we do not take possession of amounts you pay to Suppliers for Travel Services; and (3) we are not responsible for any refunds payable to you by Suppliers.

Your payments are in U.S. dollars unless we notify you otherwise. Payments in currency other than U.S. dollars will be converted at then-current exchange rates. Agency payments to Suppliers will be converted at then-current exchange rates between U.S. dollars and the currency in Supplier’s country.

CREDIT & DEBIT CARDS

By submitting your credit or debit card (“Card”) to us, you confirm that: (1) you are an authorized user of that Card; (2) you authorize us, or our agents, to charge your Card for payments on due dates agreed in your Trip Documentation; and (3) you authorize us, or our agents, to credit to your Card any amounts charged in error.

You are responsible for all costs, including costs of recovery, relating to the following: (1) if you provide to us an incorrect Card number; (2) if our valid charges to your Card are declined; (3) if your Card has insufficient funds on payment dates agreed in your Trip Documentation; and (4) if your Card account is closed or expires before you pay all amounts agreed in your Trip Documentation.

In any such event, you agree we have a right to suspend or cancel any Booking, and we have no obligation to refund amounts paid by you if we suspend or cancel any Booking.

CHARGEBACKS

You agree not to initiate, and you waive any right to pursue, any credit- or debit-card chargeback, reverse-charge, refund, or recollection (collectively, “Chargeback”) for any reason, including delay, cancellation, refusal of entry, exit, or transit, force majeure event, provision or non-provision of Travel Services, Supplier price changes, fees, or penalties, Food Allergies (defined below), or any other matter relating to your Trip, except in the case of fraud.

Even in the case of fraud, before initiating any Chargeback, you agree to first address the matter directly with us in writing to give us a reasonable time to investigate the matter and respond to you.

If you initiate a Chargeback relating to any amount we validly charge to your Card without our prior written authorization, you agree to pay us for all fees and costs, including attorney’s fees and legal expenses, we incur to dispute and respond to that Chargeback.

This section will survive termination of these Terms.

CHANGES, CANCELLATIONS, REFUNDS

You agree to comply with Supplier terms relating to change or cancellation of Bookings. Supplier terms may not allow refunds if you change, cancel, partially use, or do not use Travel Services for any reason, including actual, threatened, or fear of potential health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances.

If you change or cancel a Booking, you may be subject to:  Supplier fees, charges, or penalties.

We reserve the right to modify or cancel any Booking or Trip at any time if Supplier minimum occupancy requirements are not met. If we modify or cancel any Booking or Trip per the above: (1) we will provide you reasonable notice and the reasons for such change; and (2) you understand that independent bookings made outside of these Terms, including airline, rail, and other travel services, may be NON-REFUNDABLE and that Agency has no responsibility for such bookings.

If you have any claim for refund or adjustment regarding your Trip, you agree to deliver it to Agency in writing, including full details and documentation regarding the background, rationale, and proof of payment.

This section will survive termination of these Terms.

NO SHOWS

Traveler’s failure to travel or show up for any Booking will be considered a “no show.” No shows are subject to: (1) change or cancellation fees of Agency; and (2) Supplier terms, which may include change fees, cancellation fees, and other penalties up to the entire cost of Bookings and Travel Services. Traveler is responsible for and agrees to pay all such fees and penalties, which Suppliers may issue as debit memos or any other form at any time following a no show of Traveler.

ACCOMMODATIONS

Lodging accommodations are subject to availability at the time of reservation or check-in. Some Suppliers require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a Booking. In such cases, Agency will notify you regarding the NON-REFUNDABLE pre-payment for that portion of your Trip.

Lodging amenities including air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not guaranteed at all properties and are not guaranteed to be operational or available during your stay. Refunds regarding amenities are the responsibility of the Supplier.

AIR TRAVEL

Suppliers may require tickets to be paid in full at the time of Booking. Airline tickets, once purchased, may be NON-REFUNDABLE and NON-TRANSFERABLE, subject to Supplier terms and conditions.

Supplier policies and requirements may differ between domestic and international flights, including fare refundability, transferability, recommended airport arrival times, advanced check-in times, airline ancillary services, and baggage allowances, all of which are subject to change.

Seat assignments are based on availability at the time of selection and payment. Airlines may change seat assignments and aircraft or address other operational matters at any time. Agency cannot guarantee seats in specific locations or next to each other.

Airline seat assignments, baggage and carry-ons, and airline ancillary services such as meals, drinks, entertainment, Wi-Fi, and other services may be subject to additional fees. Airlines may consider a name-change to be a cancellation.

You are responsible for confirming in advance: (1) airline policies and restrictions; (2) availability of airline ancillary services; and (3) paying all related fees.

You agree to comply with safety guidelines of all airlines and hold Agency harmless from any liability relating to airline policies, operations, or fees.

Agency is not responsible for any: (1) fees imposed by airlines for services; (2) changes to aircraft or seat assignments after selection and payment; (3) loss, injury, accident, error, or omission that may occur, including schedule changes, delays, cancellations, and expenses due to weather conditions, airline operations, or equipment repair or failure; or (4) other matters beyond Agency’s control.

TRAVELER CONDUCT

You are responsible for: (1) any damage or loss caused by your acts or omissions; and (2) full payment for any such damage or loss directly to Agency or any third party.

Agency is not responsible for any costs relating to: (1) Traveler conduct; or (2) Traveler removal from any Travel Services, in whole or part, whether based on Traveler negligence, willful misconduct, or otherwise. You agree not to hold Agency, its owners, directors, employees, agents, or representatives accountable for any claims arising from Traveler acts or omissions.

Any Authorized Party may, in its discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes: (1) you are a danger to yourself or any other participant; (2) you have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, contrary to applicable law, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other Traveler, any Authorized Party, or any third party; or (3) you do not follow any rule, procedure, or instruction of an Authorized Party.

If you are subject to any such determination of an Authorized Party: (1) you may be left at any location, city, port, or place any mode of transport stops; (2) you will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation; (3) you will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and (4) no Authorized Party will have any direct or indirect liability of any kind relating to Traveler acts or omissions.

“Authorized Party” means Agency or any Supplier, including owners, directors, employees, agents, and representatives, who provides to you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, tour director, group leader, or crew member.

DISABILITIES & SPECIAL NEEDS

If you have disabilities or special needs that may require non-emergency special services, additional suppo