Here and Away Travel
Terms + Conditions
DISCLAIMER & RELEASE
&
ACCEPTANCE OR DECLINATION OF TRAVEL INSURANCE
Before we make or finalize arrangements for your trip, we require your signature stating that you have read, understand, and agree to all terms and conditions set forth below. These terms are also listed in their entirety on the trip invoice approval that you will sign.
For the entirety of this document, “Here and Away Travel” and “We” refers to the company as a whole, in addition to any and all owners, agents, affiliates, and employees who work for Here And Away Travel. “You” and “The Client” refers to all persons using the services of Here and Away Travel, its Suppliers, and the persons signing this release.
1. AGENT FOR SUPPLIERS: Here and Away Travel, LLC (“Here and Away Travel”) acts as a sales agent for any airline, hotel, resort, car rental company, transfer company, tour operator, cruise line, or other service provider named in your itinerary or confirmation (“Suppliers”). Here and Away Travel is not responsible for the acts or omissions of the Suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. Here and Away Travel has no special knowledge regarding the financial condition of the Suppliers and no liability for recommending a trip credit in lieu of a refund.
2. RISKS OF TRAVEL AND RELEASE: Here and Away Travel assumes no responsibility for and shall not be held liable for - including but not limited to - the acts or omissions of any party not under our control, any acts of God, unsafe conditions before or during travel, terrorism, health hazards including pandemics, illnesses, weather hazards, the sustainability of a disabled person, negligence of any suppliers, or death resulting from any portion of any trip. Here and Away Travel has no special knowledge of dangers during travel or in destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find Internal Travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country. It is your personal decision to travel, and you do so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE, AND HOLD HERE AND AWAY TRAVEL, AND OUR AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
3. VACCINATION REQUIREMENTS AND OTHER RULES AND REGULATIONS: Here and Away Travel has no responsibility for COVID-19 related requirements that travel suppliers and governments may impose such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travle regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm . For the latest supplier rules check the website of each supplier regularly as these rules are constantly changing and Here and Away Travel is not responsible for those changes.
4. OTHER FOREIGN ENTRY RULES: You assume full and complete responsibility for - including but not limited to - checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destinations. Many countries require your passport to be valid for a minimum of six months after your date of departure. Some countries will not admit persons convicted of crimes, including misdemeanors. All minors traveling out of the country will need consent from all legal guardians unless special concessions are granted by the courts. Here and Away Travel is not responsible for any country, border, or government requirements, laws, and regulations.
5. SUPPLIER SUPPLEMENTAL PRICE INCREASES: Travel arrangements involving airline and cruise components are subjest to the Suppliers’ supplemental price increases that may be imposed by the Supplier and/or government, even after you have completed your purchase. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms.
6. CREDIT CARD MERCHANT: Here and Away Travel only accepts payment via credit and debit card, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you have purchased. However, if we are the credit card merchant, our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, or if the services of the suppliers are not up to the standard that you were expecting, you agree that your ONLY recourse is DIRECTLY with the Suppliers, and you agree not to initiate any chargebacks. Any chargebacks against Here and Away Travel or any of the Suppliers will be repaid in full to Here and Away Travel by you, plus any damages including but not limited to time away from work, interest, and any attorney fees that are required for Here and Away Travel to recoup the funds from you for said chargeback.
7. CLAIMS DEADLINE AND EXCLUSIVE JURISDICTION: You agree to bring any claims against us within 30 days after your trip ends and to file suit within 6 (six) months of the original incident, and you acknowledge that this expressly limits the applicable statute of limitations to six months. You agree that the courts in Washingon, New Jersey, 07882, USA will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
8. TRAVEL INSURANCE: For your protection, Here and Away Travel STRONGLY recommends that you do not travel without travel insurance, especially when traveling outside of the United States. Here and Away Travel is not responsible for making sure you have purchased travel insurance. You are solely responsible for knowing the cancellation policies of the Suppliers that you have booked. Please note that, unless you purchase a Cancel For Any Reason policy, most policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made bu our staff constitutes a binding assurance or promise about the insurance. You are solely responsible for knowing what your insurance policy covers. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to ANY claim under the policy. We not only recommend travel insurance to protect the investment of your trip, but also to choose a policy with medical coverage, as most US insurance companies will not cover any medical costs incurred while out of the country. Please be aware that some countries require full payment of medical costs before they will allow you to leave the hospital. Here and Away Travel is not responsible for any costs incurred, monies lost, or hardships incurred due to you not purchasing travel insurance. You also assume full responsibility for any medical costs incurred that are not covered by insurance, even if you do purchase a policy.