The Modern Traveler LLC | Terms and Conditions
Last modified on December 21, 2025
Welcome to The Modern Traveler LLC. These Terms & Conditions ("Terms") outline the rights and responsibilities of The Modern Traveler LLC ("we," "us," "our", or "travel designer") and you, the client ("you", "your" or "client"), when using our travel planning, advisory, and booking services.
By engaging with our services, you agree to these Terms. Please read them carefully before proceeding with any travel arrangements.
1. PURPOSE: This Agreement outlines the terms and conditions under which Travel Designer will provide travel advisory, design and booking services to the Client.
2. DURATION: This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated by either Party in accordance with the terms herein.
3. SCOPE OF SERVICES:
Travel Designer will provide personalized travel planning and advisory services designed to create a customized travel experience that meets your individual needs. This may include travel consultations, itinerary design, and coordination of bookings for accommodations, ground transportation, and curated experiences. The specific details of the services provided will be outlined in the accompanying proposal and may be adjusted to suit your evolving travel preferences.
4. INVESTMENT: Client agrees to pay Travel Designer the fees for travel planning and advisory services in accordance with the following fee schedule:
Additional services or modifications requested after confirmation (such as changes to destination, dates, guest count, activities, or additional revisions) may incur extra charges. A rush fee may also apply for trips scheduled within a short period before departure.Client further acknowledges that deposits for securing travel arrangements are non-refundable, subject to supplier policies, and must be submitted within the agreed timeframe to secure bookings
Client acknowledges that the Research and Design Fee is non-refundable and reflects the time, expertise, and effort dedicated to creating the custom itinerary.
Client acknowledges that deposits made to secure travel arrangements, accommodations, or services are non-refundable, except as otherwise specified in this Agreement or by the specific supplier(s) and their cancellation policies.
Client understands that the non-refundable nature of deposits may vary depending on the specific supplier(s) and travel arrangements. Travel Designer will provide information regarding deposit policies for each booking.Client agrees to promptly review and accept all deposit and payment terms outlined in the proposal. To secure accommodations, activities, and other arrangements, the Client is required to submit the necessary deposit(s) within 30 days of receiving the proposal, unless otherwise noted at the time of sharing the proposal. Failure to make timely payments may result in the cancellation of travel arrangements, loss of availability, or re-evaluation of the itinerary, subject to additional fees. Non-refundable deposits may be forfeited.
5. CREDIT CARD AUTHORIZATION AND CHARGEBACK: Client hereby authorizes Travel Designer to charge the credit card they submit to Travel Designer for all fees and expenses incurred in connection with the services provided under this Agreement.
Client acknowledges that any chargebacks initiated without valid cause may result in legal action. Client will contact The Modern Traveler via adrianna@themodern-traveler.com and provide a thorough description of any issue and allow [72 hours] for Travel Designer to respond prior to initiating any chargeback requests.
6. CANCELLATIONS AND RESCHEDULING: Cancellation and rescheduling policies shall be as follows:
Cancellation: Client understands that travel plans may sometimes need to be canceled. Cancellation requests should be submitted to Travel Designer in writing as soon as possible.
Cancellation fees may apply depending on the timing of the cancellation and the policies of the suppliers (e.g., airlines, hotels, tour operators) involved in the travel arrangements. Client is responsible for any applicable cancellation fees imposed by these suppliers. Travel Designer will make reasonable efforts to inform Client about the specific cancellation policies related to their travel arrangements, including any fees or penalties that may apply.
In the event of a cancellation, Client may be eligible for a refund of certain travel costs, less any applicable cancellation fees. However, some travel arrangements may be non-refundable, and Client may forfeit the entire cost of those arrangements.
Rescheduling Policy: Rescheduling of travel arrangements is subject to availability and the terms and conditions of the suppliers. Additional charges, including fees for changing dates, flights, accommodations, or other services, may apply.
Client should submit rescheduling requests in writing to Travel Designer as early as possible to maximize the chances of accommodating the request. Travel Designer will provide information regarding the availability and costs associated with rescheduling at the time of the request.
Client is responsible for ensuring that any requested cancellations or rescheduling are confirmed and processed by Travel Designer and the relevant suppliers. Failure to do so may result in additional fees or penalties.
7. PRODUCTS AND SUPPLIERS: Travel Designer may utilize various products and suppliers in providing services. Travel Designer shall not be liable for any acts, errors, or omissions of such products and suppliers.
Travel Designer’s agreement with Client, is for booking and arranging transportation, accommodations, and other travel services between Client and other travel service providers. The third-party travel service providers, and not the Travel Designer, shall be responsible to Client for the provision of the relevant travel services. Client will enter into separate agreements with each third-party travel service provider with their own terms and conditions. Client is responsible for reviewing and acknowledging each third-party travel service provider’s terms of services. Client’s legal recourse for the failure of any third-party travel services provider is against that provider and not with Travel Designer, except to the extent that any failure is caused by an error on Travel Designer’s part.
8. THIRD PARTY PROVIDERS - SUGGESTIONS AND RECOMMENDATIONS:
Travel Designer may, from time to time, recommend or suggest third-party hotels, accommodations, hosts, or other vendors ("Third-Party Providers") as part of the travel planning and advisory services. It is expressly understood and agreed that such recommendations or suggestions are provided for informational purposes only, based on Travel Designer's professional judgment and experience.
Client acknowledges and agrees that any bookings, agreements, or transactions made with Third-Party Providers, including but not limited to the payment for and delivery of products and services, are solely the responsibility of Client. Client is responsible for conducting their own research and due diligence to determine the suitability, reliability, and quality of the Third-Party Providers for Client’s needs and preferences.
Client hereby assumes all risks associated with dealings with Third-Party Providers. Client expressly releases, indemnifies, and holds harmless Travel Designer from any and all liability, claims, causes of action, or damages arising from or in connection with the services provided by any Third-Party Providers. This includes, but is not limited to, any direct, indirect, incidental, consequential, or punitive damages, whether under a contract, tort, or any other theory of liability, even if Travel Designer has been advised of the possibility of such damages.
By agreeing to this clause, Client confirms that the Travel Designer is not responsible for any acts, omissions, errors, representations, warranties, breaches, or negligence of any Third-Party Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
Client acknowledges that they have read this clause thoroughly and agree to abide by the terms as laid out. Client understands that failing to perform their due diligence may result in experiences that are not aligned with their expectations and accepts that Travel Designer will not be held liable for any outcomes resulting from interactions or contracts with Third-Party Providers.
9. BOOKINGS AND RESERVATIONS: Travel Designer shall make bookings and reservations on behalf of the Client. Client is responsible for reviewing and confirming the accuracy of all bookings, including names, dates, and preferences. Comprehensive Service Design: Travel Designer's services are provided as comprehensive packages, which include luxury accommodations, transfers, and curated experiences tailored to the Client’s preferences. Individual cost breakdowns or itemized pricing will not be provided, as the value of our service lies in creating a seamless, stress-free travel experience with exclusive access and negotiated pricing with trusted partners and VIP services.
While the Client may independently book aspects of their trip, such actions may impact the level of service and support that can be provided. Should elements of the proposal require adjustment, The Modern Traveler will make reasonable efforts to accommodate such requests to ensure the package aligns with the Client’s expectations. However, the integrity of the comprehensive package structure will remain intact."
Exclusive Hotel Booking Authorization: For all planning services, Client agrees that Travel Designer is exclusively authorized to book hotels for the trip on Client's behalf. Any hotel bookings made independently by the Client for the same trip will result in immediate termination of services without refund of the Research and Design Fee. This policy ensures consistency and access to the full benefits of the comprehensive package designed by The Travel Designer.
10. BOOKING LIMITATIONS WITH POINTS OR MILES:
Please be advised that Travel Designer does not engage in the reservation of accommodations or air travel utilizing airline or credit card reward points or miles. Clients desiring to use such points for flights or hotel stays are encouraged to arrange these bookings independently.
Notwithstanding the above, Traveler Advisor is prepared to integrate independently booked flights using points or miles into the comprehensive travel itineraries we create for our clients. Furthermore, we will ensure that any flight bookings made directly through our services include the client’s airline rewards number, thereby enabling the accrual of miles where applicable.
Regarding hotel accommodations, Travel Designer specializes in providing bespoke hotel experiences that include exclusive benefits and amenities not typically available through point-based bookings. We do not facilitate the booking of accommodations using points, our full-service, custom travel planning is designed to offer unique and personalized lodging experiences that align with the distinct preferences and requirements of our clients.
11. ITINERARY PRICES AND FEES: Prices and fees associated with travel itineraries shall be as specified in the agreed-upon itinerary. Client shall be responsible for all costs and fees associated with the itinerary unless otherwise specified.
Prices shall be valid at the time of the quote but are subject to change due to availability and other factors beyond the control of Travel Designer In all cases, prices quoted can be withdrawn and changed at any time and without notice. Such factors include currency fluctuations, fuel surcharges, taxes, and airfare increases. Travel Designer will provide and confirm up-to-date prices at booking.
12. CLIENT CREDIT CARD ON FILE: Client agrees to provide and maintain a valid credit card on file with Travel Designer for the purpose of charging any fees, expenses, or payments associated with travel bookings and services. Client's credit card information shall be securely stored and used in accordance with applicable privacy and security standards.
13. AUTHORIZATION TO USE, AND WARRANTY OF, PERSONAL INFORMATION
Client authorizes Travel Designer to use personal information, including but not limited to names, passport details, birthdates, and contact information, to make bookings and reservations. Client warrants that all personal information provided is accurate and up to date and consistent with legal identification documents. Any discrepancies may result in booking errors, for which Travel Designer shall not be liable.
14. PASSPORT AND VISA
Passport Requirements:
Client is solely responsible for ensuring that their passport is valid for at least [six (6) months] beyond the planned return date from the destination country or countries. Passport validity requirements may vary by destination, and Client should verify the specific requirements with the relevant authorities.
Travel Designer strongly recommends that the Client renew their passport well in advance of the expiration date to avoid travel disruptions.
Visa Requirements:
Client is responsible for obtaining any required visas or travel authorizations for their international travel. Visa requirements vary by destination and Client's nationality, and it is Client's responsibility to check the specific visa requirements with the embassy or consulate of the destination country.
Travel Designer may provide general information about visa requirements, but Client should independently verify and comply with the visa regulations for their specific travel itinerary.
Visa Assistance Services:
Travel Designer may offer visa assistance services to help the Client obtain the necessary travel visas. The scope and terms of these services, including associated fees, will be outlined in a separate agreement or addendum.
Timely Application:
Client should apply for visas and travel authorizations well in advance of the planned departure date, taking into consideration processing times and any potential delays.
Travel Designer is not responsible for any delays or denial of visas or travel authorizations, and any associated fees or consequences resulting from such delays or denials are Client's responsibility.
Documentation:
Client should ensure that all visa-related documentation, including invitation letters, visa application forms, and supporting documents, are accurately completed and submitted.
Travel Designer may provide assistance in obtaining necessary documentation when included as part of the agreed-upon services, but the accuracy and completeness of the documents are ultimately Client's responsibility.
Changes in Visa Requirements:
Client acknowledges that visa requirements and regulations may change over time. It is the Client's responsibility to stay informed about any updates or changes in visa requirements that may affect their travel plans.
Travel Designer shall not be liable for any financial losses or disruptions resulting from changes in visa requirements.
15. GENERAL CONDITIONS GOVERNING AIR TRANSPORT
Airfare bookings are subject to the terms and conditions imposed by airlines, including but not limited to baggage policies, seating assignments, and itinerary changes. Client acknowledges that flight schedules and routes are subject to change by airlines, and Travel Designer shall not be responsible for any such changes.
a. Prohibited Practices:
Client agrees to comply with all airline policies and regulations, including those related to alcohol consumption, smoking, and disruptive behavior during flights. Travel Designer shall not be responsible for Client’s failure to comply with airline policies.
b. Loss of Tickets:
In the event of lost or stolen tickets, it is the Client's responsibility to report the loss to the airline or relevant authorities promptly. Travel Designer will assist to the extent possible, but replacement fees and expenses shall be borne by the Client.
c. Luggage:
Luggage policies and fees vary among airlines. Clients are responsible for reviewing and adhering to the baggage policies of the airline(s) they are traveling with.
d. Hazardous Materials:
US Federal Law forbids carrying hazardous material aboard aircraft either in your luggage or on your person. Violations may result in up to five (5) years of imprisonment and penalty fees of $250,000 or higher in accordance with 49 U.S.C. 5124.
Clients are prohibited from carrying hazardous materials, including but not limited to flammable, corrosive, or explosive substances, in their luggage or carry-on items during air travel. Such items might include compressed gases, corrosives, explosives, flammable liquids or solids, oxidizers, poisons, and radioactive materials. Examples may include fireworks, lighter fluid, paints, or tear gas. Travel Designer shall not be responsible for Client’s failure to comply with airline regulations.
e. Insecticide Notice:
Some countries require the application of insecticides inside the aircraft. United States’ Federal Law requires that Travel Designer refer you to the Department of Transportation’s Infection Information page for further information. Clients may obtain further information regarding aircraft disinsection from the airline or relevant authorities.
16. UNUSED ARRANGEMENTS
If Client chooses not to use any part of the travel arrangements provided by Travel Designer, including but not limited to accommodations, tours, reservations or transportation, no refund or credit shall be provided for the unused portion unless otherwise specified by the specific supplier(s) and their policies.
It is Client's responsibility to inform Travel Designer of any changes or cancellations to the itinerary, allowing Travel Designer to make necessary adjustments.
17. MINIMUM PASSENGER REQUIREMENTS
Some travel arrangements, such as group tours or excursions, may have minimum passenger requirements. Travel Designer will inform Client of any such requirements during the booking process.
If the minimum passenger requirements are not met and the arrangement is canceled as a result, Travel Designer shall make reasonable efforts to provide alternative arrangements or refund the affected portion of the booking to Client.
18. ALTERATIONS TO BOOKINGS
Client understands and acknowledges that alterations to bookings, including changes in travel dates, accommodations, and transportation, may result in additional fees, charges, or adjustments to the total cost of the travel arrangements.
Travel Designer will make reasonable efforts to accommodate booking alterations, subject to availability and the terms and conditions of the suppliers.
Client agrees to promptly inform Travel Designer of any desired alterations to the travel arrangements. While Travel Designer will make reasonable efforts to facilitate such changes, it cannot guarantee availability or pricing.
19. THIRD-PARTY VENDOR LIABILITY
TRAVEL DESIGNER ACTS AS AN INTERMEDIARY BETWEEN THE CLIENT AND VARIOUS THIRD-PARTY VENDORS, INCLUDING BUT NOT LIMITED TO AIRLINES, HOTELS, TOUR OPERATORS, AND TRANSPORTATION PROVIDERS, ("THIRD-PARTY VENDORS"). TRAVEL DESIGNER DOES NOT OWN OR OPERATE THESE THIRD-PARTY VENDOR SERVICES.
CLIENT ACKNOWLEDGES THAT TRAVEL DESIGNER SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF THIRD-PARTY VENDORS. TRAVEL DESIGNER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMISSIBLE BY LAW.
CLIENT UNDERSTANDS THAT THIRD-PARTY VENDORS HAVE THEIR OWN TERMS AND CONDITIONS, POLICIES, AND LIMITATIONS OF LIABILITY. CLIENT AGREES TO REVIEW AND COMPLY WITH THESE TERMS AND CONDITIONS AS THEY APPLY TO THE SERVICES PROVIDED BY THIRD-PARTY VENDORS.
IN THE EVENT OF ANY DISPUTE, CLAIM, INJURY, OR LOSS ARISING FROM OR RELATED TO THE SERVICES PROVIDED BY THIRD-PARTY VENDORS, THE CLIENT AGREES TO SEEK RESOLUTION DIRECTLY WITH THE RESPECTIVE THIRD-PARTY VENDOR(S). TRAVEL DESIGNER MAY, AT ITS DISCRETION, ASSIST IN FACILITATING COMMUNICATION BETWEEN THE CLIENT AND THIRD-PARTY VENDOR(S).
CLIENT ACKNOWLEDGES THAT TRAVEL DESIGNER SHALL NOT BE RESPONSIBLE FOR ANY FINANCIAL LOSSES, INJURY, DAMAGE, DELAY, OR INCONVENIENCE CAUSED BY THE ACTIONS OR OMISSIONS OF THIRD-PARTY VENDORS, INCLUDING BUT NOT LIMITED TO FLIGHT DELAYS, HOTEL ACCOMMODATIONS, OR TOUR CANCELLATIONS.
20. INTERNATIONAL TRAVEL RESPONSIBILITY & WARRANTY
For international travel arrangements, Client acknowledges and agrees to comply with all applicable laws, regulations, and requirements of the destination country(ies).
Client understands that international travel may involve risks and uncertainties, including but not limited to health and safety concerns, political instability, and cultural differences. Client acknowledges that Travel Designer cannot guarantee the safety or security of international travel destinations.
Travel Designer makes reasonable efforts to provide accurate and up-to-date information about travel destinations and requirements. However, Client assumes full responsibility for verifying the accuracy and completeness of travel-related information and for any consequences resulting from non-compliance.
By booking international travel arrangements through Travel Designer, the Client accepts full responsibility for their international travel experience and agrees to comply with all terms, conditions, and responsibilities outlined herein.
Client acknowledges that Travel Designer has provided information about required travel documents, including passports, visas, and vaccinations, but it is the Client's responsibility to ensure compliance with all entry requirements and to obtain the necessary documents well in advance of travel.
21. TRAVEL WITH MINORS
If Client intends to travel with minors (individuals under the age of 18) as part of the booked travel arrangements, it is Client's responsibility to ensure compliance with all relevant laws and regulations regarding the travel of minors.
Client acknowledges that specific documentation, such as passports, visas, parental consent forms, and birth certificates, may be required for minors traveling internationally. It is Client's responsibility to obtain and carry all required documents for each minor traveler.
Client understands that airlines and other transportation providers may have their own policies and requirements for traveling with minors. It is Client's responsibility to review and comply with these policies.
If Client is not the parent or legal guardian of a minor traveler, Client acknowledges that they may be required to provide written consent from the minor's parent(s) or legal guardian(s) allowing the minor to travel with the Client. Client is responsible for obtaining and carrying such consent forms.
Client agrees to promptly inform Travel Designer of any special requirements or considerations related to traveling with minors, and Travel Designer will make reasonable efforts to provide relevant information and assist in compliance with travel regulations.
22. ASSUMPTION OF RISK AND RELEASE OF LIABILITY
A. CLIENT ACKNOWLEDGES THAT TRAVEL, INCLUDING BUT NOT LIMITED TO TRANSPORTATION, ACCOMMODATIONS, ACTIVITIES, AND EXCURSIONS, INHERENTLY INVOLVES RISKS, BOTH KNOWN AND UNKNOWN. THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, ACCIDENTS, INJURY, ILLNESS, PROPERTY DAMAGE, LOSS, DELAYS, AND UNFORESEEN EVENTS BEYOND THE CONTROL OF TRAVEL DESIGNER.
B. CLIENT VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH TRAVEL, INCLUDING THOSE MENTIONED IN PARAGRAPH (A) ABOVE. CLIENT ACKNOWLEDGES THAT TRAVEL DESIGNER HAS MADE REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION AND SAFE TRAVEL ARRANGEMENTS, BUT ULTIMATE RESPONSIBILITY FOR PERSONAL SAFETY AND WELL-BEING RESTS WITH THE CLIENT.
C. CLIENT HEREBY RELEASES TRAVEL DESIGNER, ITS AGENTS, EMPLOYEES, REPRESENTATIVES, AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY LOSS, INJURY, DAMAGE, DELAY, ILLNESS, OR INCONVENIENCE INCURRED BY THE CLIENT OR ANY THIRD PARTY AS A RESULT OF TRAVEL ARRANGEMENTS BOOKED THROUGH TRAVEL DESIGNER.
D. THIS RELEASE OF LIABILITY APPLIES TO ALL CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE TRAVEL ARRANGEMENTS PROVIDED BY TRAVEL DESIGNER.
E. CLIENT AGREES TO INDEMNIFY AND HOLD TRAVEL DESIGNER HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, OR ACTIONS BROUGHT BY THIRD PARTIES ARISING FROM THE CLIENT'S PARTICIPATION IN TRAVEL ACTIVITIES.
F. THIS RELEASE OF LIABILITY SHALL BE BINDING UPON THE CLIENT AND THE CLIENT'S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS.
G. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT THIS RELEASE OF LIABILITY IS A LEGALLY BINDING CONTRACT AND WAIVES CERTAIN LEGAL RIGHTS. CLIENT IS ENCOURAGED TO CONSULT WITH LEGAL COUNSEL IF THEY HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS CLAUSE.
23. TRAVEL INSURANCE
Travel Designer strongly recommends that the Client purchase comprehensive travel insurance to protect against unforeseen events, including trip cancellations, interruptions, delays, medical emergencies, and other travel-related risks. Client acknowledges that Travel Designer does not act as an insurance provider and is not responsible for insurance coverage, policy terms, claims processing, or reimbursements related to travel insurance.
Client acknowledges that they have been informed of the availability of travel insurance options and understands that it is their responsibility to review and select an insurance policy that suits their needs.
Client is responsible for reading and understanding the terms and conditions of the selected travel insurance policy, including coverage limits, exclusions, and claim procedures. Any questions or concerns regarding the insurance policy should be directed to the insurance provider.
24. COMMUNICATION
The Parties agree that all communication related to travel arrangements, modifications, requests, or inquiries shall be conducted in a professional and timely manner. All communications should be directed to adrianna@themodern-traveler.com. All emails will be responded to within 48 hours when received after 9:00 am and before 5:00 pm PST on Monday - Thursday. All emails received on weekends and on holidays will be responded to on the next business day.
Travel Designer will make reasonable efforts to respond to Client inquiries and requests promptly during regular business hours. Emergency contact information may be provided for urgent matters outside of business hours.
Client agrees to provide accurate and up-to-date contact information, including email addresses and phone numbers, to facilitate effective communication between the Parties.We aim to foster a mutually respectful and professional environment for all clients and staff. We expect all participants in our services to adhere to basic courtesies in their verbal and written interactions. This includes using respectful language, avoiding personal attacks, insults, or discriminatory language. We reserve the right to limit or discontinue service to any client whose communication becomes overly aggressive, abusive, or offensive. This policy applies to all communications, including emails, phone calls, social media interactions, and in-person encounters. We encourage open communication and constructive feedback, but it must be delivered in a respectful and professional manner.
25. NON-DISCLOSURE AND CONFIDENTIALITY:
Client acknowledges that during the course of travel planning and booking, they may have access to confidential and proprietary information belonging to Travel Designer. This information may include, but is not limited to, pricing structures, supplier agreements, and trade secrets. Client agrees to maintain the confidentiality of all such information and not to disclose, share, or use such information for any purpose other than facilitating the travel arrangements as outlined in this Agreement.
This confidentiality obligation shall survive the termination of this Agreement.
26. CURRENCY FLUCTUATION
Client acknowledges that travel costs, including but not limited to airfare, accommodations, and other expenses, may be affected by currency fluctuations. Travel Designer will provide pricing information in the currency relevant to the destination or supplier.
Client understands that currency exchange rates may change between the time of booking and the time of payment, and such fluctuations may result in price variations.
Travel Designer will make reasonable efforts to notify Client of any significant currency-related changes that may impact the cost of the travel arrangements. Client agrees to assume the risk of currency fluctuations and acknowledges that Travel Designer shall not be responsible for any financial losses incurred due to such fluctuations.
27. RIGHT OF CALIFORNIA CUSTOMER TO MAKE A CLAIM UNDER THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND:
If Client is a California resident and has a claim against Travel Designer that is not resolved to the Client's satisfaction, the Client may have the right to make a claim against the California Travel Consumer Restitution Fund (TCRF).
The TCRF is a fund established to provide restitution to California residents who have suffered financial loss as a result of a seller of travel's failure to reimburse funds or provide services as agreed upon.
To make a claim against the TCRF, the Client must contact the TCRF within the specified timeframes and follow the TCRF's procedures and requirements. Information on the TCRF and how to file a claim can be found on the California Attorney General's website.
Client acknowledges that Travel Designer has provided information about the TCRF, but it is the Client's responsibility to review the TCRF's terms and conditions, eligibility criteria, and claims process. Travel Designer shall not be responsible for any claims made against the TCRF or for any actions or decisions taken by the TCRF in response to Client claims.
28. RESERVATION OF RIGHTS: COMPANY'S CHANGES TO THESE TERMS
Travel Designer reserves the right to modify, amend, or update the terms and conditions of this Agreement at any time. Notice of such changes will be provided to the Client in writing or electronically.
Client's continued use of Travel Designer's services following the issuance of any amended terms constitutes acceptance of those changes. It is the Client's responsibility to review this Agreement periodically for updates.
29. INDEMNIFICATION:
Client agrees to indemnify, defend, and hold harmless Travel Designer, its officers, directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, actions, causes of action, costs, expenses (including attorney's fees), damages, losses, and liabilities arising out of or related to:
i. Client's breach of this Agreement;
ii. Client's violation of any laws or regulations;
iii. Client's negligence or willful misconduct;
iv. Client's use of travel services or products arranged by Travel Designer; and
v. Claims by third parties related to the Client's travel.
The indemnification obligation outlined herein shall survive the termination of this Agreement.
30. MAXIMUM DAMAGES AND LIMITATION OF LIABILITY
CLIENT ACKNOWLEDGES THAT THE LIABILITY OF TRAVEL DESIGNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES FOR ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES, DAMAGES, LOSSES, AND LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY THE CLIENT TO TRAVEL DESIGNER FOR THE SPECIFIC TRAVEL ARRANGEMENTS GIVING RISE TO THE CLAIM.
TRAVEL DESIGNERSHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF TRAVEL SERVICES.
EXCEPTIONS: THE LIMITATION OF LIABILITY SET FORTH IN THIS PROVISION SHALL NOT APPLY TO:
A. BREACH OF CONFIDENTIALITY OBLIGATIONS;
B. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
C. ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
THE LIMITATIONS OF LIABILITY OUTLINED IN THIS CLAUSE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL APPLY EVEN IF TRAVEL DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
31. NOTICE
All correspondence or notice required regarding this Agreement shall be made to Contractor at [YOUR EMAIL ADDRESS] and to Company at the email address provided during the transaction of this Agreement. A notice given under this agreement will be effective upon the other party’s receipt of it. Should an address or e-mail address change during the duration of this Agreement, notification must be provided to the other party within forty-eight (48) hours.
32. MODIFICATION OF AGREEMENT
This Agreement may only be amended or modified by a writing signed by both parties.
33. ASSIGNMENT
Neither party may assign this Agreement, or any rights or obligations under this Agreement, without the other party’s written consent.
34. NO WAIVER
The failure or neglect by a party to enforce any of that party’s rights, granted through this Agreement, will not be deemed a waiver of that party’s rights. That party will retain the right to force or compel strict compliance with every provision of this Agreement.
35. SEVERABILITY
If any part of this Agreement is declared unenforceable or invalid, the remaining provisions will continue to be valid and enforceable in full force and effect. The Agreement will be construed as if it had never contained any invalid or unenforceable provision.
36. DISPUTE RESOLUTION
Parties will make all reasonable efforts to resolve any differences through a phone conversation, via e-mail, or through in-person meetings. Any complaint or issue should be communicated with full details and description to Travel Designer by e-mailing adrianna@themodern-traveler. com.
However, in the event of any dispute whatsoever arising out of or in connection with this Agreement, Parties agree to submit to binding arbitration with the American Arbitration Association before a jointly selected arbitrator, in accordance with the American Arbitration Association’s rules.
The decision of the arbitrator shall be final and any judgment shall be entered into the state courts of California.
In agreeing to this Dispute Resolution clause, you affirm and understand that you are waiving your right to a jury trial in court, which might otherwise be available to you but for this Dispute Resolution clause. In the event that any arbitration must be held, it must be located within fifty (50) miles of Salinas, California. The prevailing party will be entitled to all reasonable attorney’s fees and costs necessary to enforce this Agreement.
37. NON-DISPARAGEMENT
In the event of a disagreement, each Party agrees that they shall not, either directly or indirectly, make, publish, or communicate to any third party, whether orally, in writing, or through any form of media, any disparaging or negative statements, comments, or remarks about the other Party, including but not limited to its employees, officers, products, services, or business practices.
Exception: Nothing in this Clause shall prohibit either Party from providing truthful statements, opinions, or feedback to appropriate authorities or regulatory bodies, as required by law or governmental regulations.
38. FORCE MAJEURE
In the event either Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such Party will not be liable for damages to the other Party for any damages resulting from such failure to perform or otherwise from such causes.
39. GOVERNING LAW
This Agreement is governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules. The courts of Salinas, California shall be the sole forum for resolving disputes hereunder.
40. ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties with respect to its subject matter and supersedes any previous communication or agreements that may exist.
THE UNDERSIGNED HAVE READ AND UNDERSTAND THE ABOVE CONTRACT AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY.