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Terms & Conditions

These terms and conditions (“Terms and Conditions”) govern the relationship between Once

Upon a Vacation, LLC d/b/a Once Upon a Vacation (“OUV” and/or “we/us/our”) and you, the

purchaser or traveler (“Client” and “passenger” and “you/your”). By planning travel with OUV,

you agree to be bound by these terms and acknowledge that OUV 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 OUV.

1. USE OF OUV 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 OUV. 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 OUV and its Suppliers, and you acknowledge that, without limitation, any

speculative, false, or fraudulent reservation is prohibited.

OUV 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 OUV, 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.

OUV is not liable or responsible for any arrangements made independently of OUV. OUV

assumes no responsibility for costs or fees you incur for independent arrangements not booked

through OUV, inclusive of, but not limited to, airline, hotel, excursion, and travel protection

related charges. If you make your own flight arrangements, OUV 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 OUV.

OUV is California Seller of Travel 2123320-70, Florida ST40164. Registration as a seller of travel

does not constitute approval by the State of California.

2. 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.

3. 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 OUV. By submitting a credit card authorization form to

OUV, you agree to allow OUV to use your payment method to purchase travel products from

our Suppliers on your behalf. EXCEPTING IN CASES 0F FRAUD, YOU AGREE NOT T0 FILE ANY

DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING

TERMS AND CONDITIONS OF OUV OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES

OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF OUV OR ITS

SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY

AUTHORIZED TRIP PAYMENT, OUV 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. Suppliers may require non-US travelers to make payments in United

States Dollars, when making arrangements through OUV. 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 OUV in writing via email. As a result of cancellation or changes to confirmed

bookings, 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

OUV or Supplier change fees. All requests for changes to a booking must be made in writing to

OUV via email. 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.

4. 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, US 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 OUV aware when traveling on a passport

from a country other than the United States of America. OUV neither controls nor warrants the

issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued,

OUV 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 U.S. Customs and Border Protection Agency requires that for

groups of children under age 19 arriving to the United States by land or sea from contiguous

territory and traveling with a school group, religious group, social or cultural organization, or

sports team, may also present an original or copy of his or her birth certificate, a Consular

Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must

be provided to the supervising adult or group leader in writing.

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.

Any discrepancy between your reservation and your travel documentation may result in denied

boarding or an undue delay at an airport security checkpoint causing you to miss your flight,

and any subsequent scheduled travel bookings on cruises and tours.

WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND

VERIFY ALL INFORMATION FOR ACCURACY. CONTACT OUV 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, OUV BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH

MAKING NECESSARY CORRECTIONS.

5. 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, https://travel.state.gov/content/travel.html. 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 or with judgements for unpaid child support should review current

entry requirements. See: https://www.canada.ca.

6. IMMUNIZATIONS AND HEALTH SCREENINGS

You must have the proper immunizations and health screenings and required documentation of

such immunizations and screenings before travel. OUV shall not assume responsibility for the

accuracy of health, vaccination, or documentation requirements 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 http://travel.state.gov, for relevant information relating to travel to specific

destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to

health issues related to travel.

7. RISKS AND SAFETY

Travel to certain destinations may involve greater risk than others. OUV 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 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 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 https://step.state.gov/step/

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, OUV 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.

In the event of emergent health or safety concerns, once OUV has investigated the prevailing

situation, OUV shall have the sole and absolute discretion whether to proceed with any OUV

escorted trip or private departure, or to make alterations to the itinerary.

8. 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

http://www.tsa.gov/traveler-information/prohibited-items

9. 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: https://www.transportation.gov/airconsumer/spray

10. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN

Your airline ticket is a contract between you and the air carrier, even if you purchase through

OUV. If you purchase air travel through OUV, you acknowledge and agree that OUV does not

have the right to control the operations of independent airlines, and agree that OUV is not

liable for any personal injury, property damage related to your purchase of air tickets or air

travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay

caused by any act, error or omission of the airline, including their failure to deliver services,

partial or inadequate delivery of services, airline policies including refund or rebooking policies,

fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.

You understand and agree that OUV functions solely and exclusively as a booking agent for the

air carrier, that we do not handle or hold client funds for airline tickets, and that we are not the

Merchant of Record under the meaning of that term under the Department of Transportation's

regulations. Because OUV does not hold or handle client funds, you understand and agree that

any refund for cancelled or delayed flights, baggage fees or seat assignments must come

directly from the airline and not from OUV.

OUV 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.

Frequent Flyer mileage accrual is at the discretion of the airline(s). OUV has no liability if accrual

of miles or points is denied or if upgrades are not allowed. Many airlines do not permit

upgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyalty

status or certificates.

Seat assignments are not guaranteed even after they are assigned, and OUV has no control

over airline seat assignments. Most airlines charge a fee to pre book a seat.

11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

OUV 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 OUV. 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.

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 OUV bears no responsibility for any changes.

BECAUSE OUV 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 OUV IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE,

WHICH MAY ARISE OUT OF THESE SERVICES. OUV 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 OUV, 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

T0 DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATlON

AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND

OTHER MATTERS OUTSIDE OF OUV’S CONTROL, AND YOU HEREBY EXONERATE OUV FROM ANY

LIABILITY WITH RESPECT TO THE SAME.

OUV HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT

AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM OUV WILL BE LIMITED TO THE

AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY OUV.

12. FORCE MAJEURE

OUV 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 OUV. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL

TRIPS.

In addition, each of OUV’s 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 OUV shall use its reasonable efforts to secure

reimbursement for you where possible.

13. CLIENT CONDUCT

When you book with OUV, you accept responsibility for any damage or loss caused by you. Full

payment for any such damage or loss (reasonably estimated if not precisely known) must be

paid directly at the time to the accommodation owner or manager or other Supplier. You must

indemnify OUV for the full amount of any claim (also including legal costs) made against us. We

are not responsible for any costs incurred concerning a guest removed from a trip, or any

portion of a trip. You agree not to hold OUV or any of its related entities liable for any actions

taken under these terms and conditions. Baggage and personal effects are at all times the sole

responsibility of the participant.

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 are responsible for

knowing and observing the licensing laws for drug possession (including prescription and over

the counter drugs) for all countries and states you are visiting. Laws may require you to carry a

prescription from your doctor.

14. TRAVEL INSURANCE

OUV 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,

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 OUV’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. The purchase of travel insurance is not required in order to purchase any other product

or service offered by OUV, however if you decline to purchase insurance, OUV may require that

you execute an insurance waiver. OUV 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. It is your responsibility to know what your insurance policy covers, and to put

alternative coverage in place, if you wish to insure for conditions that are excluded by your

policy. OUV 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.

15. 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.

16. GENERAL

The laws of the State of North Carolina govern these Terms and Conditions. You hereby consent

to the exclusive jurisdiction and venue of courts in Union County, North Carolina in all disputes

arising out of or relating to travel bookings with OUV. Any claim against OUV must be brought

within 12 months after the date of the completion of the trip and not later. OUV shall not in any

case be liable for damages other than compensatory damages, and you waive any right to claim

punitive or exemplary damages. You agree that you may only bring claims in your individual

capacity and not as plaintiffs or class members in any class action, proposed or purported class

action, or other representative action, regardless of the type of proceeding. You expressly agree

to waive and forego any and all rights to bring any such class actions, purported or proposed

class actions, or representative actions.

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.

These Terms and Conditions (and any other terms and conditions referenced herein) constitute

the entire agreement between the Client and OUV with respect to travel bookings made with

OUV by any means, and it supersedes all prior or contemporaneous communications and

proposals, whether electronic, oral, or written, between Client and OUV with respect to

communications with OUV. 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.

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