Terms and Conditions
These Terms & Conditions (“Terms”) govern all travel planning, consultation, coordination, booking, and related travel services provided by Travel Advisor Mari, LLC, a Kentucky limited liability company (the “Company”) to any and all clients and any and all travelers (collectively, the “Client”). By authorizing the Company to provide goods or services, remitting payment, requesting bookings, or participating in travel arrangements coordinator by the Company, Client acknowledges and agrees to these Terms.
1. The Company’s Services. The Company acts solely as an independent travel advisor and intermediary for third-party travel suppliers, including but not limited to airlines, hotels, resorts, cruise lines, tour operators, excursion providers, transportation companies, destination management companies, travel insurance providers, and other travel service providers (“Suppliers”). The Company does not own, operate, control, or manage any Supplier or any travel services provided by Suppliers. All transportation, accommodations, tours, and related travel services are provided subject to the terms and conditions of the applicable Suppliers.
2. Supplier Terms and Conditions. All bookings are subject to the individual terms, conditions, rules, restrictions, and policies imposed by applicable Suppliers. Supplier policies may address deposits, final payment deadlines, cancellations, refunds, credits, changes, baggage, check-in requirements, health protocols, seating, itinerary modifications, and travel documentation requirements. Client is responsible for reviewing and complying with all Supplier policies. Violation of Supplier policies may result in denied boarding, cancellation of reservations, forfeiture of payments, or refusal of services.
3. Pricing and Availability. Travel pricing and availability are dynamic and subject to change until booked and confirmed. Quoted pricing may change due to Supplier inventory changes, airfare fluctuations, fuel surcharges, currency fluctuations, taxes, governmental fees, or timing of booking confirmation. The Company does not guarantee pricing, availability, airfare, accommodations, cabin categories, room assignments, upgrades, or travel inventory until confirmed by the applicable Supplier.
4. Deposits and Final Payments. Certain travel arrangements require deposits and/or full payment by specified deadlines. Client’s failure to timely remit payment may result in automatic cancellation, loss of reservations, loss of deposits, increased pricing, or Supplier-imposed penalties. Client remains responsible for all non-refundable amounts and Supplier penalties.
5. Changes and Cancellation. Client-requested changes and cancellations are subject to Supplier rules, cancellation schedules, and applicable fees. Many travel arrangements are wholly non-refundable after booking. Airfare is frequently non-refundable and non-transferable. Supplier-issued future travel credits or vouchers may expire, carry restrictions, be non-transferable, or be subject to rebooking limitations. The Company is not responsible for Supplier refusal to issue refunds, credits, or accommodations. Additional Service Fees may apply for cancellations, revisions, rebooking assistance, or administrative processing.
6. Chargebacks. Client agrees not to improperly dispute or charge back any credit card or electronic payment for services properly rendered by or amounts validly due to the Company. If Client initiates a chargeback or payment dispute, Client shall remain responsible for all amounts owed, together with any fees, costs, or expenses, including reasonable attorneys’ fees, costs, and expenses, incurred by the Company in responding to or disputing such chargeback.
7. Travel Insurance. The Company strongly recommends that Client obtain comprehensive travel insurance, including coverage for trip cancellation; trip interruption; medical expenses; emergency evacuation; travel delays; baggage loss; and personal liability. Client understands that travel insurance coverage varies by policy and exclusions may apply. If Client declines travel insurance coverage, Client assumes responsibility for all resulting losses and expenses. The Company is not liable for losses that could have been covered by travel insurance.
8. Travel Documentation. Client is solely responsible for obtaining valid passports, visas, vaccinations, health documentation, REAL ID compliance, and otherwise satisfying all domestic and international entry requirements. Passport expiration requirements vary by destination and may require validity extending beyond travel dates. The Company may provide general information regarding travel requirements but does not guarantee the accuracy, completeness, or current status of governmental or entry requirements. Client should independently verify all requirements with appropriate governmental authorities.
9. Health and Safety. Client acknowledges that travel may involve exposure to illness, communicable diseases, foodborne illness, accidents, injuries, criminal acts, political instability, weather events, and other risks. Client voluntarily assumes all risks associated with travel. Client is responsible for evaluating personal health, fitness, and medical suitability for travel. The Company is not responsible for health-related incidents occurring during travel.
10. Air Travel Terms. Air travel is subject to airline contract of carriage, governmental regulations, airport security requirements, and airline operational policies. Airline schedules, seating, aircraft type, and routing are subject to change without notice. The Company is not responsible for flight delays, missed connections, schedule changes, airline cancellations, baggage loss, denied boarding, overbooking, or operational disruptions. Client is responsible for complying with check-in deadlines, baggage restrictions, passport requirements, TSA requirements, and airline policies.
11. Accommodations and Excursions. Hotel, resort, cruise, tour, and excursion descriptions are based on information supplied by Suppliers. The Company does not guarantee specific room assignments, bedding configurations, views, amenities, accessibility features, or excursion experiences unless expressly confirmed in writing by the Supplier.
12. Force Majeure. The Company shall not be liable for delays, cancellations, interruptions, modifications, or failures in performance arising from causes beyond the Company’s reasonable control. The Company’s performance of the Agreement, therefore, is subject to force majeure, including, but not limited to, acts of God; fire; flood; natural disaster; war or threat of war; acts or threats of terrorism; civil disorder or commotion; unauthorized strikes or other labor disputes; governmental regulation or advisory; epidemic, pandemic, or quarantine, as well as recognized health threats as determined by the World Health Organization, the Centers for Disease Control and Prevention, or state or local government authorities or health agencies (including, but not limited to, the health threats of COVID-19); curtailment or disruption of transportation facilities; utility failures; Supplier failures; or other similar occurrence beyond the control of the Parties.
13. Disclaimer. Suppliers are independent contractors and are not agents, employees, representatives, partners, or joint venturers of the Company. The Company is not responsible for Supplier defaults, acts or omissions, negligence, bankruptcy, service failures, personal injury, death, property damage, delays, overbookings, or travel interruptions caused by Suppliers. The Company makes no warranties, express or implied, regarding the services provided by Suppliers.
14. Client Conduct. Client is responsible for complying with any and all Supplier rules and policies; laws; customs requirements; immigration requirements; and any applicable standards of conduct. Suppliers may remove or refuse service to travelers for disruptive, unlawful, unsafe, or inappropriate conduct. The Company is not responsible for losses arising from Client conduct.
15. Severability. If any provision, paragraph, or part of these Terms is found void or unenforceable, the remainder of these Terms shall not be affected thereby.
16. Governing Law. The validity, construction, and performance of these Terms shall be construed with, and governed by, the laws of the Commonwealth of Kentucky, without regard to its conflicts-of-laws rules.
17. Dispute Resolution and Binding Arbitration.
17.1 Agreement to Arbitrate. This binding arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Except as expressly provided herein, any claim, dispute, controversy, or cause of action arising out of, relating to, or connected in any way with any contractual agreement between the Company and Client, any goods or services provided by the Company to Client, or the relationship between the Company and Client (collectively, the “Disputes”) shall be resolved exclusively through final and binding arbitration before a single arbitrator and not by court action or trial by jury. The parties expressly agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, formation, validity, revocability, unconscionability, scope, or arbitrability of this binding arbitration provision, including any claim that all or any portion of this binding arbitration provision is void or unenforceable.
17.2 Informal Resolution and Mediation. Before initiating arbitration, a party shall provide written notice describing the nature of the Dispute and the relief requested. The parties shall then engage in good-faith efforts to resolve the Dispute through informal discussions for a period of no more than thirty (30) days following such notice. If the Dispute is not resolved through informal discussions, the parties shall participate in a non-binding mediation before a mutually agreed mediator. Unless otherwise agreed, the mediation shall occur in Lexington, Fayette County, Kentucky, within forty-five (45) days after either party requests mediation. If the Dispute remains unresolved following mediation, either party may commence arbitration.
17.3 Waiver of Class, Collective, Mass, and Other Representative Actions. To the fullest extent permitted by applicable law, all Disputes shall be arbitrated solely on an individual basis. The parties waive any right to bring, participate in, recover through, or receive relief under any class action, collective action, mass action, representative action, private attorney general action, or other proceeding in which a party acts or proposes to act in a representative capacity. The arbitrator shall have no authority to (a) consolidate the claims of multiple persons or entities; (b) join additional parties absent the written consent of all affected parties; (c) preside over any class, collective, mass, representative, or private attorney general proceeding; or (d) award relief to any person or entity not a party to the arbitration.
17.4 Arbitration Procedure. The arbitration shall be conducted in Lexington, Fayette County, Kentucky, unless the parties otherwise agree in writing. The arbitration shall be conducted pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except to the extent modified by these Terms. The arbitration need not be administered by the AAA unless the parties mutually agree otherwise. The arbitrator shall be an attorney licensed and in good standing to practice law in the Commonwealth of Kentucky with substantial experience in commercial contract disputes. The parties shall attempt in good faith to mutually select the arbitrator. If the parties are unable to agree upon an arbitrator within fifteen (15) days after a demand for arbitration is served, either party may request that the AAA provide a list of proposed arbitrators from which the arbitrator shall be selected pursuant to AAA rules and procedures.
17.5 Discovery and Motion Practice. The arbitrator shall permit reasonable discovery sufficient to allow each party a fair opportunity to present its claims and defenses, taking into consideration the amount in controversy, complexity of the issues, and proportionality of the requested discovery. The arbitrator shall have authority to resolve discovery disputes, issue protective orders, compel discovery, impose appropriate sanctions, and decide dispositive motions, including motions to dismiss and motions for summary judgment.
17.6 Interim and Equitable Relief. Nothing in this Agreement shall prevent either party from seeking temporary, preliminary, emergency, or injunctive relief from a court of competent jurisdiction before the appointment of the arbitrator or when necessary to preserve the status quo, prevent irreparable harm, protect confidential information, protect intellectual property, enforce restrictive covenants, preserve assets, or maintain the effectiveness of the arbitration process. Any request for such relief shall not constitute a waiver of the right or obligation to arbitrate.
17.7 Fees, Costs and Remedies. Each party shall bear its own attorneys’ fees, costs, and expenses incurred in connection with the arbitration, except as otherwise provided by this Agreement or applicable law. The parties shall share equally the arbitrator’s fees and expenses unless the arbitrator determines that a different allocation is required by applicable law. The arbitrator shall have authority to award any remedy or relief that would be available in a court of competent jurisdiction under applicable law or equity. The prevailing party in any arbitration or judicial proceeding arising from or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees, costs, expenses, arbitrator fees, mediation fees, and other dispute-resolution expenses, as determined by the arbitrator or court.
17.8 Confidentiality. Except as required by law, court order, or as reasonably necessary to enforce, confirm, vacate, modify, or challenge an arbitration award, the parties shall maintain the confidentiality of the arbitration, including all pleadings, motions, discovery, testimony, exhibits, and awards.
17.9 Award and Enforcement. The arbitrator shall issue a written award setting forth the findings and conclusions supporting the decision. The award shall be final and binding on the Parties. Judgment upon the award may be entered and enforced in any court having jurisdiction thereof.
17.10 WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
