Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern the relationship between Soleil & Sea Voyages (“Soleil & Sea Voyages” and/or “we/us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with Soleil & Sea Voyages, you agree to be bound by these terms and acknowledge that Soleil & Sea Voyages 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 and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to Soleil & Sea Voyages.
USE OF SOLEIL & SEA VOYAGES, 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 Soleil & Sea Voyages. 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 Soleil & Sea Voyages and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by Soleil & Sea Voyages as 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, and you understand that it is your obligation to comply with the laws of any locality or country that you visit while traveling on arrangements we have booked for you.
Soleil & Sea Voyages is an Independent Contractor of Cornerstone Collective, California Seller of Travel 2158353-50, Florida ST-44927, Washington 605824620. Registration as a seller of travel does not constitute approval by the State of California.
STATE OF CALIFORNIA REQUIREMENTS
If travel services or transportation is cancelled and the traveler is not a fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the traveler, all monies paid to the seller of travel for services not provided will be promptly paid to the traveler, unless traveler advises seller of travel in writing after cancellation.
In California, this provision does not apply where the seller of travel has remitted payment to another registered wholesale seller of travel or a carrier without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed upon transportation or service. In this situation, the seller of travel must provide the traveler with a written statement accompanied by bank records to establish the disbursement of the payment and if disbursed to a wholesale seller of travel, proof of that wholesaler’s current registration.
SELLER OF TRAVEL DISCLOSURES
This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund.
STATE OF
WASHINGTON REQUIREMENTS
If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Soleil & Sea Voyages. By submitting a credit card authorization form to Soleil & Sea Voyages, you agree to allow Soleil & Sea Voyages 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 SOLEIL & SEA VOYAGES OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF SOLEIL & SEA VOYAGES OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, SOLEIL & SEA VOYAGES 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 sent to Soleil & Sea Voyages in writing. As a result of cancellation, Soleil & Sea Voyages 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.
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 TSA; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such 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 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 SOLEIL & SEA VOYAGES IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
Soleil & Sea Voyages 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. Client is responsible to make Soleil & Sea Voyages aware when traveling on a passport from a country other than the United States of America. Soleil & Sea Voyages neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, Soleil & Sea Voyages is not responsible for lost payments made toward the contemplated trip. Please note that 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 US Customs & Border Patrol 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, US Department of State. 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: Canadian Immigration Information
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, corrosives and radio- active 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
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: US Department of Transportation
HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. Soleil & Sea Voyages 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 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 US State Department , for relevant information relating to travel to specific destinations, and the Center for Disease Control Centers For Disease Control relating to health issues related to travel.
AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Soleil & Sea Voyages 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 automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in 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 minimum numbers 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 Soleil & Sea Voyages.
The Supplier may determine that alterations in 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 Soleil & Sea Voyages bears no responsibility for any changes.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Soleil & Sea Voyages 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 Soleil & Sea Voyages. 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 SOLEIL & SEA VOYAGES ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT SOLEIL & SEA VOYAGES IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. SOLEIL & SEA VOYAGES 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 SOLEIL & SEA VOYAGES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL 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 SOLEIL & SEA VOYAGES CONTROL, AND YOU HEREBY EXONERATE SOLEIL & SEA VOYAGES FROM ANY LIABILITY WITH RESPECT TO THE SAME.
SOLEIL & SEA VOYAGES HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM SOLEIL & SEA VOYAGES WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY SOLEIL & SEA VOYAGES.
RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. Soleil & Sea Voyages 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. 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 US Department of State, Department of Homeland Security, US Department of Transportation, Federal Aviation Administration, Centers for Disease Control, and US Customs & Border Patrol. 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 S.T.E.P. US Department of State.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, SOLEIL & SEA VOYAGES 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.
FORCE MAJEURE
Soleil & Sea Voyages 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 of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of Soleil & Sea Voyages. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of Soleil & Sea Voyages Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although Soleil & Sea Voyages shall use its reasonable efforts to secure reimbursement for you where possible.
TRAVEL INSURANCE
SOLEIL & SEA VOYAGES 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 TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and Soleil & Sea Voyages 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. The purchase of travel insurance is not required in order to purchase any other product or service offered by Soleil & Sea Voyages, however, if you decline to purchase insurance, Soleil & Sea Voyages may require that you execute an insurance waiver. Soleil & Sea Voyages is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. SOLEIL & SEA VOYAGES CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
RESERVATION OF RIGHTS: 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.
CREDIT AND 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 the 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.
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 Soleil & Sea Voyages; 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, Soleil & Sea Voyages 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.
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 Soleil & Sea Voyages or any third party.
Soleil & Sea Voyages 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 Soleil & Sea Voyages, 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 Soleil & Sea Voyages 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 support, or disability accommodations, please advise Soleil & Sea Voyages in advance of Booking.
Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges. If you travel with a service or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
Countries outside the U.S. often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs. Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs. Please consult your health provider prior to planning or Booking your travel.
Soleil & Sea Voyages will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs. However, Soleil & Sea Voyages is not responsible for the failure of Suppliers to meet Traveler needs and expectations.
FOOD ALLERGIES
If you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Soleil & Sea Voyages in advance of Booking. If any Traveler has Food Allergies, each such Traveler: (1) acknowledges the possibility of an elevated risk of reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies before, during, and following travel. Soleil & Sea Voyages is not responsible for any harm or loss caused by any Food Allergy under any circumstances.
RISK ACTIVITY
If you engage in any activity that may involve any risk of harm to your own or another person’s health or well-being, damage to property, or costs relating to such activity (collectively, “Risk Activity”), you are solely responsible for your decision to engage in, and your involvement with, such Risk Activity.
You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity. You will not pursue any claim against Soleil & Sea Voyages, and you release Soleil & Sea Voyages from all liabilities, relating to any Risk Activity.
Risk Activity includes any activity, or travel to any location, which can reasonably be regarded as inherently dangerous, hazardous, or otherwise having the potential to result in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death of any person.
ILLNESS & INJURY
If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required. In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements. You will not cause a delay or interruption regarding any Trip or otherwise burden other Travelers. You release Soleil & Sea Voyages, Suppliers, and other Travelers from any liability relating to your illness, injury, missed flights or connections, travel delays, or unused Bookings.
BAGGAGE & PERSONAL ITEMS
You are solely responsible at all times for your baggage, personal items, and travel documents. Soleil & Sea Voyages is not responsible for any damage, loss, delays, or other matters relating to your baggage, personal items, or travel documents.
GENERAL
These Terms are governed exclusively by the laws of Texas without regard to conflict-of-laws principles of any jurisdiction arising out of or relating to travel bookings with Soleil & Sea Voyages.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.
Amendments. These Terms may be amended only in writing by Soleil & Sea Voyages.
Assignment. You may not assign any right or obligation under these Terms without Soleil & Sea Voyages prior written consent, which will not be unreasonably withheld or delayed.
Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or Soleil & Sea Voyages. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.
Relationship of Parties. These Terms do not create an agent relationship, partnership, joint venture, or employment relationship between or among the Parties. You have no authority to bind Soleil & Sea Voyages or incur any obligation on Soleil & Sea Voyages behalf.
Discretion. While each Party acknowledges its duty of good faith and fair dealing, a Party’s discretion means it may consider its own interests without considering the effect of its decision on the other Party.
Notices. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided under these Terms for purposes of notice.
Acceptance. You may confirm acceptance of these Terms in writing, digitally, or electronically, including by clickwrap, sign-in-wrap, or other active or passive electronic confirmation. Any counterparts created will constitute a single original document.
Conflicts. If any conflict arises between Supplier terms and these Terms, the Travel Client Agreement, or Trip Documentation, the Supplier terms will control. If any conflict arises between these Terms and the Travel Client Agreement or the Trip Documentation, these Terms will control.
Interpretation. The Parties intend that: (1) headings will not be used to interpret these Terms; (2) the words “include” and “including” are without limitation; (3) no text will be construed against either Party as author; and (4) all text is conspicuous.
Termination. Upon termination of these Terms, each Party’s rights and obligations will cease immediately, but termination will not affect: (1) either Party’s rights and obligations accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to survive termination or by a reasonable reading of its context will survive its termination.
Dispute Resolution. If any dispute arises under these Terms, the Parties will use all reasonable efforts to resolve the dispute through informal direct communications.
Courts. If the Parties are unable to resolve a dispute through informal direct communications within 60 days following a Party’s notice of dispute sent to the other Party, any claim arising from these Terms will be resolved exclusively by the state or federal courts located in Spokane County, Washington, which neither Party will challenge based on forum non conveniens or similar doctrine. Neither Party will bring any legal action against the other Party as any part of a class, group, representative, or private attorney general action.
Equitable Relief. Either Party may seek injunctive or other equitable relief to remedy any actual or threatened breach of these Terms.
Further Assurances. Each Party will perform additional acts as necessary to effect these Terms. The Parties will address together in good faith any unforeseen issues that arise from these Terms with a view to mitigating any material adverse impact on either Party.
Entire Agreement. These Terms, which include the Travel Client Agreement, represent the entire agreement and supersede all prior agreements between the Parties regarding their subject matter, written or oral, express or implied.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and Soleil & Sea Voyages with respect to travel bookings made with Soleil & Sea Voyages by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and Soleil & Sea Voyages with respect to communications with Soleil & Sea Voyages. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.