Travel Impressions

TI_Caribbean_2014_103-116_Layout 1 8/27/13 12:47 PM Page 108 TRAVEL IMPRESSIONS TERMS & CONDITIONS This agreement contains the terms and conditions by which Travel Impressions, operated by Travel Impressions Ltd., 465 Smith Street, Farmingdale, NY 11735 ("Operator") in consideration for a participant's payment, agrees to provide these travel tours. All products and services depicted in this brochure are subject to change without notice. READ THIS AGREEMENT CAREFULLY BEFORE SENDING ANY MONEY. TENDER OF PAYMENT TO OPERATOR OR YOUR TRAVEL AGENT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. RESERVATIONS AND PAYMENT: Operator accepts payment by credit and debit cards issued on the following networks: AMERICAN EXPRESS, VISA, MASTERCARD, or DISCOVER. Any other person or entity (including a travel agent) who receives monies from participants does so strictly as an agent of participants. Tender of payment to Operator constitutes acceptance of these terms of sale. Full payment is applied to the credit card entered into the system at the time of booking. Online bookings will be accepted up to 4 days prior to scheduled departure. All reservations made 14 days or less prior to departure will be charged a $25.00 Special Handling Fee to cover costs associated with expedited processing of the booking. After payment is made, all revisions are subject to a $25.00 per booking fee, plus any supplier fees. LIABILITY STATEMENT: Travel Impressions, Ltd. and its parent, subsidiaries, affiliates and representatives (collectively, "TI"), act as an agent for travel suppliers and you understand and agree that TI shall not be liable for any loss, injury, expense or damage to persons or property resulting, directly or indirectly, from (1) the acts of omissions of travel suppliers, including but not limited to delays, overbookings, cancellation of services, cessation of operations, accidents or failures of equipment, or changes in fares, itineraries or schedules; or (2) acts of God, fires, earthquakes, floods, climatic aberrations, acts of governmental authorities, civil unrest, strikes, riots, theft, disease, accidents or failures related to the public internet, telecommunications lines or facilities, or third party technology systems, or any other cause beyond the control of TI. Under no circumstances shall TI be liable for any special, incidental or consequential damages arising from the foregoing. INTERMEDIARY DISCLOSURE: TI assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. In this role, we are acting as an independent third party and not as a fiduciary. TI acts solely as sales agent for travel suppliers and is not responsible for the actions or inactions of such suppliers. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access our marketing channels, participating in marketing programs and supporting technology initiatives. From time to time, we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability and your preferences. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend. TERMS OF PURCHASE: Please note that separate terms and conditions dictated by the applicable supplier will apply to your reservation and purchase of products and services. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier's terms, conditions, policies, rules 108 Terms & Conditions or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Operator debiting your account for any costs Operator incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your purchase of the travel products from Operator. CANCELLATION AND REFUND POLICY: The right to a refund is limited if a participant changes plans prior to or after the trip is taken. All requests for refunds must be submitted (certified mail return receipt requested) in writing through the booking agent to the Operator or directly with Operator if the booking was made directly with Operator except in the case of pre-trip which can be done over the phone. Operator shall then process your refund and may retain a $50 processing fee if a refund is given. All appropriate receipts/vouchers and documentation must accompany the refund request. No refund will be made for package features the participant opts not to use. "No show" penalties could be up to 100% of the package or component costs. The rights and remedies made available herein are in addition to any others available under applicable law. However, Operator offers refunds under this agreement with the express understanding that endorsement of a refund by participant(s) constitutes a waiver of any such additional rights and remedies against Operator. See "Cancel for Any Reason and Travel Protection Plan" section below for details on our Cancel For Any Reason Waiver. CHOICE OF LAW; RESOLUTION OF DISPUTES: This Agreement is governed by the laws of, and disputes shall be venued in, the State of New York, without reference to its choice of law doctrine. All disputes, claims or controversies arising out of or related to the services of this agreement shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless we agree otherwise in writing, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other travel customers or other persons similarly situated. The arbitrator's authority to resolve disputes and to make awards is limited to disputes between you and us alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this section regarding the arbitrator's authority to resolve disputes between only you and us be stricken from this agreement or deemed otherwise unenforceable, then this entire section shall be stricken from this agreement. The provisions of this section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees), to be paid by the party against whom enforcement is ordered. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended. DOCUMENTS: Documents will be sent twenty one (21) days prior to departure and if you book before that time, once full payment is received. Document reissue fee is $25.00 per booking plus any supplier fees. CHECK-IN PROCEDURE: Failure to check-in for your flight at the appropriate time may result in denied boarding and a refund may not be granted. Check-in times vary by carrier/airport and all participants are required to check with the carrier for the most current information.

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