September 1, 2024
IMPORTANT. PLEASE UNDERSTAND THAT YOU ARE AGREEING TO ALL OF THESE TERMS WHEN YOU PLAN YOUR TRAVEL, BOOK ANY KIND OF TRAVEL WITH US.
CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of Travel By Ellie, Inc. dba Travel By Ellie (“TBE” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. If you do not accept all of these terms, then please do not use our services or our websites. These Terms and Conditions govern the relationship between TBE and you, the Customer. These terms restrict your rights and remedies and provide protection to TBE, including warranty disclaimers and liability exclusions. By using TBE services and this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or TBE’s services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website or our services. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR TBE’S SERVICES. No alterations to these terms and conditions may be made by any TBE employee, advisor, representative or agent, unless in writing by an authorized officer of TBE.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight found in http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA 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. TBE strongly recommends that you take into account that certain countries will not admit a passenger, if his or her passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such 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. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from a 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/Group Leader. 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 Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required. TSE is not responsible for any missed or delayed travel due to failure to comply with these requirements.
RESERVATION NAMES AND CONTACT INFORMATION
For international travel, the name on your reservation must match your passport exactly (first, middle, last, Jr., Sr., etc.), no exceptions. We also must have your complete and accurate contact information to finalize your reservation. TBE is not responsible for disruptions in your travel plans or a declination in service due to travelers providing incorrect or delayed information.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (See: https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html) TBE neither controls nor warrants the issuance of visas related to applicable travel. It is Customer’s responsibility to verify that all the visas required for your trip have been obtained, that the visas for each country are valid for the entry and exit dates of your visit, that your personal details are accurately reflected and that your passport is valid for at least six months beyond the completion date of your trip. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, TBE is not responsible for lost payments made toward the contemplated trip. We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html)
RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. TBE urges customers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows 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, TBE 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. CUSTOMER’S PARTICIPATION CONSITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF TBE 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 TBE by any means, including our website in accordance with all terms and conditions herein. If you are under 18, please do not use www.travelbyellie.com or any of our other services. We do not knowingly collect any personally identifiable information from any person under 18 years old. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of TBE communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with TBE is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by TBE shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
SUPPLIER TERMS
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by TBE and any supplier with whom you elect to deal, or with whom TBE deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in TBE debiting your account for any costs TBE incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TBE.
Customer authorizes TBE to book on third party travel booking sites to fulfill Customer’s travel requests. Customer ratifies TBE’s actions on Customer’s behalf, including acceptance of such third party’s terms and conditions, which limit Customer’s rights, and Customer agrees to bound by such actions.
PAYMENTS AND CANCELLATION
Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service partners) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to TBE in writing. As a result of cancellation, TBE’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, this website, and each of the supplier’s website. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your TBE advisor. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund.
LATE, CANCELLATION, AND RESERVATION REINSTATEMENT FEES AND PAYMENTS
Final payments not received prior to the due date will incur a $50 late fee. Payments that are greater than 14 calendar dates late will be charged an additional, incremental $50 late fee. All reservations are subject to cancellation and hotel penalties as described above if final payment is not received on the due date. Late fees are not covered by the travel insurance and are always non-refundable. If a trip is completely canceled, travelers will be charged a $200 administrative processing fee per person booked. This is separate and incremental to any fees or penalties levied by the travel supplier and is to cover the time spent processing your booking and subsequent cancellation. If a traveler cancels a trip and wishes to have their reservations reinstated, a $50 administrative processing fee will apply. This is in addition to any supplier fees. A $15 fee will apply when a card is declined more than three times for a single payment. If you are using a debit card, please confirm that the proposed charge will be within your daily charge limit and transaction limit. Please contact your card issuer for more details. Customer understands that TBE has relationships with many travel supplier partners; charges on the client’s credit card statement may appear as TBE or as the name of a preferred supplier partner. Customer understands that he/she shall be liable for any and all charges placed on credit cards in the event such charges are declined or charged back for any reason including any unauthorized or fraudulent use of credit card. TBE shall not be responsible for any losses or damages associated with the fraudulent use of credit card and client shall hold TBE harmless from any and all losses, damages or claims of any kind arising from or connected to the fraudulent use of credit card. Trip payments are a binding agreement where you give TBE approval to charge your card for the approved amount. As such, travelers waive any right to a chargeback in the case of trip delays, changes, or cancellations for any cause (exception fraud), including a force majeure event, and you agree to refund policies and procedures as outlined in the terms and conditions of your trip. In the event that you attempt without our authorization to chargeback, reverse, or recollect a trip payment already made, we reserve the right to collect all additional costs, fees, and expenses associated with such chargeback, reversal, or recollection including, without limitation, attorney fees.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION.
UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. TBE shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security and operational delays, it is strongly recommended that you arrive at the airport at a bare minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights, though earlier is recommended particularly at busy international airports. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
LATE BOOKINGS
Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
NO REFUND FOR UNUSED ARRANGEMENTS
As TBE’s prices are oftentimes based on contract rates, there will not be any refund for any unused portion of a travel booking. 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 canceled.
CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you at our applicable administrative charge, depending upon circumstances of the request. Suppliers may impose additional fees for any alternations pursuant to their terms and conditions and you will be responsible for those additional fees.
NON–DISCRIMINATION POLICY:
We are committed to creating a culture that reflects the diversity of our clients. With that goal in mind, we encourage our employees and our partners to understand, accept and celebrate differences among people. We welcome everyone and prohibit all discrimination on the basis of race, ethnicity, age, religion, physical ability, sexual orientation, gender identity and gender.
EMAIL-OPT IN
By booking a trip with TBE, you consent to receiving emails from us. If you would like to be removed from our marketing emails, please use the link in that email to Unsubscribe or contact us for assistance. TBE may provide e-mail news service or other prompts to new content available. Your use of such content received through the e-mail news service will be subject to these Terms and Conditions.
IMPORTANT INFORMATION FOR DOMESTIC AIR TRAVELERS
The Federal Real ID Act mandates stricter security standards for state-issued driver’s licenses and other forms of identification and prohibits Federal agencies from accepting for official purposes identification that does not meet these standards. Beginning on May 7 2025, every air traveler will need to present Real ID-compliant identification to be permitted to board a domestic flight; therefore, those holding a non-compliant driver’s license will need to present an acceptable alternate form of identification, such as a valid U.S. passport. To avoid disruption to their travel plans, air travelers are strongly encouraged to consult with the Department of Homeland Security (www.dhs.gov/real-id) to determine whether their state-issued identification is Real ID-compliant and, if not, what alternate forms of identification will be accepted at the airport.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. TBE shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.ustreas.gov, http://www.cbp.gov on a regular basis. and especially your applicable embassy and http://www.uscis.gov/ for non-USA citizens. Customer is responsible to make TBE aware when traveling on a passport from a country other than the USA and any applicable visas.
HAZARDOUS MATERIALS AND INSECTICIDE
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA 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 radio-pharmaceuticals. (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 in http://www.tsa.gov/traveler-information/prohibited-items and http://www.faa.gov/about/initiatives/hazmat_safety/ All passengers are advised to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
E-TICKETS
E-tickets expire a year from issue date unless supplier fare rules in passenger’s itinerary fare provide otherwise.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
TBE acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of TBE. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are set forth on their respective websites and in their confirmations, which govern the transaction. Suppliers reserve the right to deny participation to any Customer based upon criteria they may establish. All bookings are accepted by TBE as agent for the disclosed travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites. BECAUSE TBE 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 TBE IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TBE 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 TBE’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL 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, FUEL INCREASES, TRAVEL INTERRUPTIONS, AND OTHER MATTERS OUTSIDE OF TBE’S CONTROL, AND YOU HEREBY EXONERATE TBE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Customers Needing Assistance
The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps.
Quotations, Price Changes, No Guarantees
TBE will make every effort to honor the price as originally quoted; however, under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components. Prior to full payment, prices, including US air transactions or air tours (in, to, or from the US), could increase for certain travel services, including the following: a seat, carriage of passenger baggage, applicable fuel surcharge, or an increase in a government imposed tax or fee. US air transaction or air tour prices will not increase after making full payment, except for charges resulting from government imposed taxes or fees. Certain suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Customer expressly acknowledges acceptance of these conditions applicable to purchase and authorizes TBE to charge Customer’s credit card for such additional amounts. This consent applies to all travel arranged by TBE for Customer, and may be revoked at any time with respect to future travel for which Customer has not yet made payment. Five (5) years following the date of Customer’s last travel booking, this consent expires. We reserve the right to correct errors, and offers are subject to availability.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of TBE’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of TBE. TBE reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member any person of any tour at any time. TBE shall not assume any responsibility for any air and/or ground schedule changes.
TBE HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CUSTOMER AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TBE WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY CUSTOMER AND ACTUALLY RECEIVED BY TBE IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
FORCE MAJEURE
“Force Majeure” means, in relation to TBE, any circumstances beyond the reasonable control of TBE, including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, natural or nuclear activity, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, industrial action, civil disturbance, requisition, sickness, epidemic, pandemic, physical injury, quarantine, medical or customs or immigration regulation, government intervention or restrictions, weather conditions, defects in machinery and vehicles, changes of schedules or operational decisions of air carriers, delay, wildlife, other untoward occurrences, or for acts or omission of suppliers or other parties not under the control of TBE and all similar events outside our control. TBE shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If TBE, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by TBE to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although TBE shall use its reasonable efforts to reimburse you where possible. However, TBE shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to TBE of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once TBE has investigated the prevailing situation, as it deems fit, it shall remain in TBE’s sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to TBE’s and each supplier’s terms and conditions.
TRAVEL INSURANCE
Travel insurance provides protection in the event the trip is cancelled due to specified circumstances, as well as medical expense and baggage loss. Insurance is highly recommended and is to be purchased at the time of deposit. Customer further understand and acknowledge that TBE, has no control over the associated supplier/s policies which, in addition to applicable law, will solely govern any cancellation, rebooking, and refund related to these travel arrangements. Customer also understand and acknowledge that the purchase of travel insurance is highly recommended and that coverage for circumstances such as these depends on the specific policy Customer purchases. Should Customer elect to obtain coverage, the travel insurance policy obtained by Customer to cover these travel arrangements will dictate any coverage for financial loss resulting from these circumstances. TBE is not an insurance agent and cannot provide recommendations for, comment on, or endorse any specific coverage. We can provide you with quotes and information directly from the tour company, cruise line, or third-party insurance company that we work with. All questions about coverage, claims, etc. should be directed to the insurance provider. Employees of TBE 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.
TBE OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’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 TRAVEL INSURANCE IS RECOMMENDED. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and TBE’s and travel supplier’s cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’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 TBE. Travel insurance is an additional charge, and the amount will depend on the insurance selected.
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of TBE and subject to each supplier’s terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
PHOTOGRAPHS/VIDEOS
TBE reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. TBE may use the photograph/video in publications or other media material produced, used or contracted by TBE, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have his/her photo taken or distributed must contact ellie@travelbyellie.com in writing of his/her intentions and include a photograph.
NO COPYING OR EDITING
No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without TBE’s prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is strictly prohibited.
PRIVACY POLICY
At all times your information will be treated in accordance with TBE’s Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at www.travelbyellie.com.
COMMENT POSTINGS
You are solely responsible for your own comments, the consequences of posting those comments, and the consequences of any reliance by you on the comments of others. By submitting your comment, you hereby give TBE the right, but not the obligation, to post, edit, exhibit, webcast, re-use, publish, reproduce, use, license, print, distribute or otherwise use your comment(s) and accompanying personal identifying and other information you provide via all forms of media now known or hereafter devised, worldwide, in perpetuity. TBE has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by anyone who uses www.travelbyellie.com or other websites owned and operated by TBE. However, TBE retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that TBE, in its sole discretion, deems to be objectionable, in violation of these Terms and Conditions, or for any other reason or no reason. TBE reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
Website and Content Ownership
The content of the website www.travelbyellie.com or other websites owned and operated by TBE, includes without limitation, copyrighted materials, trademarks and other proprietary information, text, software, photos, video, audiovisual recordings, graphics, music and sound are the property of TBE. The entire contents of the website www.travelbyellie.com or other websites owned and operated by TBE are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. TBE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to TBE. Third-party content providers own the copyright in content that is original to them.
ADDITIONS AND CHANGES
We reserve the right, in our sole discretion and for any reason whatsoever or for no reason, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms and Conditions changed. Use of the website or booking any services with TBE after any changes to the Terms and Conditions constitutes your consent to the changes.
You agree to review these Terms and Conditions on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. TBE has the right, at any time, to: (a) add, change or discontinue any aspect or feature of this website and any other data, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its Terms and Conditions applicable to your use of the this website, subscription services, or any part thereof; and/or impose, change or modify the terms and conditions of these Terms and Conditions (“Changes”). Such Changes shall be effective immediately upon notice by posting the Changes on TBE’s website or by any other method of notice it deems appropriate.
FOR YOUR INFORMATION
USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information on this website is current only as of the date it is posted.
SECURITY AND PRIVACY
Any passwords used for registration on this website are for individual use only. You may not share your password with anyone. You are solely responsible for the security of your password and any use of the services by anyone else with whom you share your password. We may monitor your password and, at our sole discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account. Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to legal prosecution. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TBE FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TBE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TBE OR LAW ENFORCEMENT AUTHORITIES.
GOVERNING LAW, ENFORCEABILITY, ENTIRE AGREEMENT AND ARBITRATION
These Terms and Conditions shall be construed and enforced in accordance with the laws of the Missouri, notwithstanding any conflicts of law, and the American Arbitration Association and shall bind and inure to the benefit of you and us. In the event of any inconsistency or ambiguity of terms, TBE shall benefit from the most favorable term(s) in each instance. 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 Customer and TBE with respect to travel bookings made with TBE by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. 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.
Any controversy of claim or dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration in St. Louis, Missouri, and administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to his or her attorney’s fees and associated costs paid by the other party. You irrevocably waive any rights to bring or participate in any class action related in any way hereto. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Use of the TBE website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. These Terms and Conditions constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they apply.