IF YOU HAVE ALREADY MADE YOUR PURCHASE, PLEASE NOTIFY US IMMEDIATELY IF YOU HAVE ANY QUESTIONS OR IF YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS. IF YOU HAVE NOT ALREADY MADE YOUR PURCHASE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE FINALIZING YOUR PURCHASE. YOU INDICATE YOUR ASSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND ALL MEMBERS OF YOUR TRAVELING PARTY.
In these terms and conditions, Brickell Travel Management, LLC, and Kirsten Travel Agency, LLC are herein referred to as “BTM” or “we”.
BOOKING ACCURACY/LEGAL NAMES: You are required to immediately review all aspects of your booking to verify: passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, organized activities on your booking receipt, and any other information. Please notify BTM immediately if any omissions and/or corrections are needed regarding the booking details. You voluntarily assume full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. You are also required to verify the accuracy of your LEGAL first & last names, which must be identical to the names on your government-issued photo ID.
RESPONSIBILITY: BTM acts only as an agent for the airlines, tour operators, cruise lines, lodging providers, car-rental companies, ground operators, and any other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts. FURTHER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MECANICAL BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, VOLCANIC ACTIVITY, EARTHQUAKES, TERRORISM, THREAT OF TERRORISM, OR OTHER CAUSES BEYOND OUR’ CONTROL, NOR ARE WE RESPONSIBLE FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING, OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
WARNINGS: We have no special knowledge regarding foreign entry requirements, unsafe conditions: health hazards, weather hazards, supplier bankruptcies, or the suitability for a disabled person of any portion of any trip. For foreign entry requirements for U.S. citizens and Canadian citizens, go to the websites noted below. If you are not a U.S. or Canadian citizen, go to your country’s website to find out the requirements for entry into your destination country. Please note, effective January 23, 2007 a valid passport will be the only acceptable document for travel to Mexico. For foreign health requirements and dangers, go to the Centers for Desaesa Control website noted below. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s) and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control, and to submit all other claims against us within 30 days after the return of your trip.
US State Department Travel Warnings:
US State Department Travel Alerts:
US Center for Disease Control for required vaccinations:
Visa information for US citizens:
(examples of countries requiring Visas: Australia, Brazil, China, Egypt, India, Russia, & Turkey)
For Canadian citizens: http://www.ppt.gc.ca
*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience. These sites are owned and operated by third parties who may alter the URL at any time without notice.
PAYMENTS: BTM accepts Cash, Check, Money Order, Visa, American Express, Discover, and Mastercard. BTM holds reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by BTM on or before the Deposit Due Date, reservations may be cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. You hereby hold BTM harmless for cancellation of any booking for either late payment or declination of a credit card.
PRICING: Travel arrangements involving airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit card to be used for them. Other prices are not guaranteed until we receive your final payment. . Availability may change without notice. BTM is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies, nor is BTM responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold BTM harmless for any actions or damages arising from Supplier pricing.
a. Prohibited Practices
You agree that you will not deviate from your booking by making any unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled, even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is also prohibited. The use two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is also prohibited.
Where a ticket is purchased and used in violation of these rules, BTM and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following:
1) Invalidate the ticket(s);
2) Cancel any remaining portion of your itinerary;
3) Confiscate any unused Flight Coupons;
4) Refuse to board you and to carry the your baggage;
5) Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;
6) Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;
7) Take legal action against you.
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline’s liable to you for the baggage you entrust to it is limited by international conventions and relevant regulation. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the following documents: a copy of your confirmation, the baggage check-in slip, and the declaration. BTM strongly recommends that you obtain an insurance policy covering the value of your items.
ACCOMMODATIONS AND ACTIVITIES: “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camp grounds, and resorts.
a. Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by BTM correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. BTM makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
b. Taking possession of and vacating your room
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. BTM is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
c. Types of room
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. BTM makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
These depend on the meal plan chosen / applicable.
• All-inclusive. This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
• Full board. This includes accommodation, breakfast, lunch and dinner, but no drinks.
• Half board. This includes accommodation, breakfast and either dinner or lunch, but no drinks.
In the case of full board or half board, drinks are not included, unless specifically mentioned in the description. In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the customer’s expense. It is necessary to comply with the all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
e. Activities offered during your stay
An activity may not be appropriate for all ages or for individuals with certain medical conditions. BTM may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that BTM is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the customer’s expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTM SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example, for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
g. Pregnant women
BTM advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip. You agree that BTM will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.
h. Travelers with special needs or disabilities
If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. BTM make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. BTM has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at BTM. You hereby accept & acknowledge liability for all cancellation fees imposed by BTM and the supplier. Cancellations are posted on day that the complete cancellation documents are received by BTM so long as they are received before 5:00 p.m. Pacific Time on a business day. All other cancellations will be posted on the next business day. Example: If a fax is received at 6pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email when processed.
TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer, and we advise you to do your research and find coverage that best fits your individual needs. BTM is limited to advising you of the need for such coverage.
By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that, if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.
We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you are responsible for reviewing upon receipt of your travel protection policy. BTM is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with BTM due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that BTM cannot be involved in any aspect of your claim/request for service. BTM has no control over the travel insurance provider or its coverage decisions, and as a result BTM is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
MISCELLANIOUS: The failure of BTM to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. BTM does not guarantee it will take action against all breaches of this these Terms and Conditions. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible to effectuate the intent of this Agreement, and the remainder of these Terms shall continue in full force and effect. You warrant that you possess all legal authority to use this Site in accordance with these Terms. These Terms and Conditions constitute the entire understanding and agreement between you and BTM with respect to all matters relating in any way to the use of this Site. Headings are for reference purposes only and do not limit the scope or extent of such section EXCLUSIVE FORUM / CHOICE OF LAW: These Terms and Conditions are governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles. The federal or state courts in Miami, Florida, shall be the exclusive forum for any lawsuit by or against BTM, and you consent to the personal jurisdiction by said courts. The court shall award reasonable attorneys fees and costs to the prevailing party. You agree to present any claims against us within 30 days after your trip ends and to file any suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.