TraveLove Travel Agency, LLC
Terms of Service
These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“client” or “you”) and TraveLove Travel Agency, LLC (“TraveLove,” “we,” or “us”). By paying our invoice for the Planning Fee or by using TraveLove's services, you acknowledge that you have read, understood, and agree to abide by these Terms in their entirety. You are agreeing to these Terms on behalf of yourself and all other travelers included in the reservation.
1. Fees, Services, and Travel Costs.
a. We will charge a non-refundable professional planning fee (the “Planning Fee”) for each trip. TraveLove will issue an invoice for the Planning Fee which must be paid prior to the beginning of any research and/or quote preparation. Our Planning Fees (which will be provided to you separately in writing) vary by destination, number of travelers, type of trip, and other factors. When you hire TraveLove to plan your trip, you are hiring a knowledgeable professional. Our Planning Fee is intended to cover our time and expertise involved in planning and arranging your trip, which may include consultation, research and recommendations, preparation of quotes and itineraries, reserving and booking each element of your trip, securing quotes for comprehensive travel insurance (if applicable), administration of your booking from deposit to departure, and follow-up post-trip with suppliers (as needed).
b. You are completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TraveLove. By submitting a credit card authorization to TraveLove, you agree to allow TraveLove to use your payment method to purchase travel products from the applicable travel suppliers on your behalf. You are responsible for all costs in addition to the specific travel itinerary booked through TraveLove, which may include (without limitation) meals, ground transportation, baggage fees, gratuities, resort fees or other daily fees charged by hotels and resorts, room charges, entrance fees, souvenirs, and incidental purchases.
c. 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.
2. Booking and Payment; Other Client Responsibilities.
a. You acknowledge and agree that the provided payment method is your own or that you have obtained permission to use such payment method.
b. YOU ACKNOWLEDGE THAT TRAVELOVE DOES NOT ACCEPT OR PROCESS CLIENTS’ PAYMENTS FOR TRAVEL; TRAVELOVE PROVIDES YOUR PAYMENT INFORMATION TO THE SUPPLIERS FOR ACCEPTANCE AND PROCESSING OF PAYMENTS. AS SUCH, TRAVELOVE DOES NOT HOLD CLIENT FUNDS AND WE CANNOT RETURN OR REVERSE CLIENT PAYMENTS ONCE YOU ACCEPT THE PROPOSAL AND PROVIDE PAYMENT INFORMATION FOR BOOKING.
c. All payments for travel are due prior to departure according to each supplier’s terms and conditions of booking. You understand and agree that by booking travel through TraveLove, you are also agreeing to the booking terms of each supplier selected for your itinerary. 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 and change requests must be sent to TraveLove in writing. As a result of cancellation or changes to confirmed bookings, the 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. It is the client’s responsibility to pursue the applicable suppliers for refunds. Depending on the circumstances of the cancellation, travelers with travel insurance may be able to file a claim with their travel insurance carrier.
d. You are responsible for providing complete and accurate information on yourself and all other travelers included in the booking.
e. You are responsible for ensuring all travelers possess appropriate travel documentation, including visas, identification, vaccinations, passports, and so forth, for complying with all domestic and international security requirements for air travel, for complying with all domestic and international customs requirements, and for comply with all applicable domestic and international laws, rules, and regulations.
f. Travel to certain destinations may involve greater risk than others. TraveLove 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.
3. Protections Offered by Credit Card Payments and Travel Insurance.
a. We strongly recommend that clients pay for all bookings by credit card since credit card companies may provide protection against the loss of funds due to supplier insolvency or bankruptcy.
b. TO COVER MANY OF THE ISSUES THAT MIGHT INTERRUPT OR CANCEL YOUR TRIP OR PREVENT A TRAVEL SUPPLIER FROM COMPLETELY PROVIDING THEIR SERVICES TO YOU (INCLUDING THE SUPPLIER’S FINANCIAL DEFAULT OR BANKRUPTCY), WE STRONGLY ADVISE YOU TO PURCHASE TRAVEL INSURANCE. TRAVEL INSURANCE CAN HELP TO SAFEGUARD AGAINST UNFORESEEN CIRCUMSTANCES SUCH AS TRIP CANCELLATIONS, MEDICAL EMERGENCIES, OR TRAVEL DISRUPTIONS. CLIENTS CHOOSING TO DECLINE TRAVEL INSURANCE ASSUME ALL RISKS. Unless specifically listed in our proposal, travel insurance is not included with your booking.
c. Please read any 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. TraveLove cannot guarantee that any particular claim will be covered by travel insurance.
d. Whether you pay by credit card, cash, check, or debit card, TRAVELOVE WILL NOT BE HELD FINANCIALLY LIABLE FOR ANY TRIP INTERRUPTION OR THE FAILURE OF A TRAVEL SUPPLIER TO PROVIDE THEIR SERVICES TO YOU, WHETHER DUE TO WEATHER, LABOR PROBLEMS, MECHANICAL ISSUES, TERRORISM, DISEASES, POLITICAL UNREST, GOVERNMENTAL RULINGS, ACTS OF WAR, CARELESS ACTIONS, INSOLVENCY, BANKRUPTCY, CESSATION OF SERVICES, ILLNESS, INJURY, MISSED CONNECTION, OR OTHER CIRCUMSTANCES.
4. Injuries and Illness; Indemnity.
a. TraveLove is not responsible for clients becoming sick or injured during the trip. Certain activities that are included as part of itineraries that we book pose inherent risks and may be dangerous, and you accept those risks. Clients are responsible for their own health and safety during the trip, including taking necessary health and safety precautions. Clients are responsible for safeguarding all of their luggage and personal possessions.
b. Suppliers are independently owned and operated businesses, and TraveLove is not responsible for any supplier’s default, insolvency, negligence, intentional misconduct, criminal conduct, misrepresentation, or fraud. TraveLove is not responsible for the negligence, intentional misconduct, criminal conduct, misrepresentation, or fraud of any third party.
c. WITHOUT LIMITING THE FOREGOING, TRAVELOVE IS NOT RESPONSIBLE FOR, AND YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TRAVELOVE HARMLESS FROM AND AGAINST, ANY CLAIMS, LOSSES, DAMAGES, COSTS, EXPENSES, OR OTHER LIABILITIES OF ANY NATURE ARISING OUT OF ANY TRAVELER’S PROPERTY DAMAGE, INJURY, ILLNESS, DISSATISFACTION, FINANCIAL LOSSES, EMOTIONAL DISTRESS, DEATH, OR ANY OTHER LOSSES OR DAMAGES OCCURRING IN CONNECTION WITH YOUR VIOLATION OF THESE TERMS OR ANY TRAVEL ARRANGED BY TRAVELOVE OR ANY OTHER USE OF OUR SERVICES, EXCEPT TO THE EXTENT THAT SUCH LOSSES OR DAMAGES ARE SOLELY AND DIRECTLY CAUSED BY TRAVELOVE’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
5. Use of Content; Social Media.
a. TraveLove may use photos and other content provided by clients for promotional and advertising purposes on our social media platforms and other marketing materials. By submitting or sending content to us (which would also include messaging or tagging TraveLove or any of our agents in your social media post), including but not limited to photos, videos, testimonials, photo captions, names of individuals appearing in the content, and your own name (collectively, “Client Content”), you grant us worldwide, unrestricted, royalty-free, irrevocable, sub-licensable rights to: (i) publish, publicly display and perform, modify, edit, alter, and otherwise use the Client Content in whole or in part, without further consent, review, or participation from you, for any purpose throughout the world, including commercial and promotional purposes, in any medium or format now existing or hereafter created; and (ii) use your name, testimonials, and other information about you in connection with the Client Content.
b. You must have permission to take photographs of individuals appearing in the Client Content and their permission to have their image and name used by TraveLove. If any individuals depicted are minors, you must obtain express permission from their parent or guardian. You represent and warrant that you have obtained permission from everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph and their names used and shared by TraveLove in accordance with these Terms.
c. You agree not to submit any Client Content that: (i) infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark; (ii) defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other rights; (iii) is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way; (iv) contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer; or (v) violates any law, statute, ordinance, or regulation.
6. Respectful Conduct. We prioritize a positive and respectful environment for both our clients and employees. TraveLove reserves the right to deny service to anyone who violates this policy. Inappropriate behavior may cause a supplier to deny services to you. You should also be aware of cultural etiquette expectations, which may differ from the United States.
7. Governing Law and Venue; Class Action Waiver; Deadline for Claims. These Terms and your use of our services are governed by the laws of the State of Texas, without regard to its provisions on conflicts of laws. Exclusive venue of any suit arising out of or relating to these Terms and your use of our services will lie in Comal County, Texas. You agree to bring claims, if any, against us only in your individual capacity and not as a plaintiff or class member in any purported class action or representative action. You agree to bring complaints or other claims against TraveLove, if any, within 6 months after the occurrence out of which the claim arose.
8. Changes to these Terms. TraveLove reserves the right to update or modify these Terms at any time without prior notice. All changes are effective and binding immediately as of the earlier of the time you next pay our invoice or use our service.
9. Entire Agreement; Severability. These Terms, as they may be modified from time to time, constitute the entire agreement and supersede all previous agreements and communications between the parties concerning the subject matter hereof. If a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable or invalid, the remainder of these Terms will continue in full force and effect.
10. WAIVERS AND DISCLAIMERS. OUR SERVICES ARE PROVIDED ON AN AS IS, WHERE IS BASIS, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUPPLIER’S AND/OR OUR SERVICES’ QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR COMPLIANCE WITH LAW. TRAVELOVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES. OUR MAXIMUM LIABILITY FOR ANY CLAIMS OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT OR TORT), SHALL NOT EXCEED THE LESSER OF THE PLANNING FEE ASSOCIATED WITH THE TRAVEL IN QUESTION OR $300 USD.