Terms and Conditions
Effective: July 25, 2022
Prior to booking any Travel Services and/or Tour Operations with I HEART TRAVEL AND TOURS, please read these Terms and Conditions carefully. You understand that our agreement contains an agreement to arbitrate. BY PLACING AN ORDER FOR SERVICES OR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
I HEART TRAVEL AND TOURS is a limited liability company registered in the state of Florida. These Terms and Conditions (“Terms”) govern the relationship between I HEART TRAVEL AND TOURS (hereinafter, “HEART TRAVEL”, “Us”, “We”) and you, the purchaser, and/or traveler (“Client”, “passenger”, “you/your”), for provision of any Tour Services booked with us. In this document, “Client”, “you/your”, and “traveler” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you book for a group tour itinerary. By planning travel services and Tours with HEART TRAVEL, you agree to be bound by these Terms. HEART TRAVEL may act as a booking agent for supplier tour operators, accommodations, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and may not be the source or provider of the travel and/or tour services provided. Any payment made to HEART TRAVEL shall be deemed to constitute full acceptance of these Terms.
USE OF HEART TRAVEL SERVICES, ACCESS, AND INFORMATION FOR TOUR BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make bookings with HEART TRAVEL. You agree to be financially responsible for all of the bookings made on your behalf and any member of your traveling / tour party and warrant that all information supplied by you on behalf of yourself, members of your group, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate bookings or purchases with HEART TRAVEL and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent booking is prohibited.
Certain tour items booked are accepted by HEART TRAVEL as agent for specified tour Suppliers on your itinerary. Separate Supplier terms and conditions may apply toyour booking and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier on an itinerary you have approved. As a condition of booking, you must provide information requested by HEART TRAVEL along with your initial payment. HEART TRAVEL reserves the right to cancel your booking and all services and retain all related cancellation fees if your information is incomplete or inaccurate. Personal data secured for Tour bookings may be used solely to process services on your behalf with our Service Providers. It may be necessary to transfer these details to other countries or authorities whose data protection and privacy laws are less stringent than those of the United States of America. This may include requirements to pass details to Service Providers as well as certain governments or government-appointed bodies, or agencies in the interest of security or because we are obliged to do so by law.
HEART TRAVEL is not liable or responsible for any arrangements made independently of HEART TRAVEL. HEART TRAVEL assumes no responsibility for costs or fees you incur for independent arrangements not booked through HEART TRAVEL, inclusive of, but not limited to, airline, accommodations, excursion, and travel protection-related charges. HEART TRAVEL is not responsible for your flight arrangements and is not responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates, and cannot assist you with any schedule changes or delays related to air reservations you have made by your own arrangement.
“Tour” any tour package, custom fit tour itinerary, or tour itinerary item or activity constituted in the services we offer
“Tour Services” our services in providing a Tour package or custom fit tour itinerary
2.I HEART TRAVEL AND TOUR services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.The contract between us comes into existence when we send our confirmation to you. You will have undertaken to pay for your booking (either deposit or in full, depending on time of booking) and we will have undertaken to provide you with the Tour Services we describe on our website and/or in your itinerary.
2.If we are unable to accept your booking for any reason, we will return your payment to you immediately, or within 14 days of receipt.
2.To make your booking, we require your deposit, (or full payment at the time of booking if less than 60 days from Day 1 of your itinerary), and the online submission of all requested information, as provided on our website and/or your itinerary. Our confirmation will be sent to you via email. We reserve the right to decline your booking for any reason without providing you the reason. In that case, we will return your payment to you immediately, or within 14 days of receipt.
3. Your Authority to Book for Others
3.1. If you book group tour services on behalf of others, as well as yourself, you guarantee that you have the authority bestowed upon you by each individual member of your group, to enter into the contract. Additionally, you agree that you and all other members of your group, agree to be jointly and severally liable for any breach of agreed upon contract terms. You now accept personal liability for the acceptance and compliance of each of those group members, with these contract terms.
3.2. It is your responsibility to ensure that all details on your travel documents are correct and to notify us immediately of any discrepancy or misunderstanding. HEART TRAVEL reserves the right to look only to you for outstanding payments as they become due; ensuring the accuracy of the personal details and other information supplied by other members of your group; and for whatever liaison communication is necessary between you and each group member to keep them fully informed.
3.3. As lead member of your group, HEART TRAVEL reserves the right to communicate and/or deal only with you in our correspondence.
4. What is Included in the Price of a HEART TRAVEL Tour?
4.1. transfer from airport to accommodation on arrival date whenever transfer is by vehicle; air-conditioned transportation for vehicle tours (not guaranteed); transfer from accommodation to airport on departure date
4.2. four or five-star accommodation or modern privately-owned residential accommodation
4.3. bottled water during transfer and itinerary transport, as applicable
4.4. price of admission for tour activities and/or events specified in your itinerary
4.5. escorted or hosted tour services of one or more representatives
5. What is NOT included?
5.1. international or domestic airfare or arrangement to or from Tour destination(s); in-country airfare or arrangement (unless specifically noted in your itinerary)
5.2. airline fees, including fees for advance seat assignments, premium seat assignments, and checked and excess baggage fees
5.3. government taxes and fees, including entry/exit fees at airports, port taxes and fees, Federal inspection fees for U.S. Immigrations & Customs; International Air; transportation tax, agricultural tax; other per-person taxes imposed by government entities; airport taxes and fees, including the September 11th Security fee, Federal domestic flight segment fees, and U.S. and international arrival and departure and other government-imposed fees added by the airline and applicable at time of reservation
5.4. gratuities to your Tour Director, driver, tour guides; gratuities on ferries, trains
5.5. laundry; telephone; mini-bar
5.6. alcohol, beverages, and food above and beyond that specified on your itinerary or on any contracted menu as presented at your accommodation or restaurant (These extra items will be billed to you before leaving your accommodation or restaurant)
5.7. optional excursions
5.8. transportation not indicated
5.9. porterage at airports and train stations
5.10. third-party travel insurance, or any other insurance coverage
5.11. passport and visa costs
5.12. all other costs incurred on date of arrival prior to boarding transfer vehicle at the meeting point; and all other costs incurred on date of departure after exiting transfer vehicle once returned to departure point
5.13. vaccinations and medications, before, during, and after the Tour, as specified on your itinerary
5.14. any additional gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate
6.1. Quoted prices on your itinerary are per person, based on two people sharing a room. Single supplement price information may be included in your itinerary, as applicable.
6.2. Prices do not include airfare and are subject to change without notice. Pricing for our trips and services are subject to change at any time prior to receipt of deposit or full payment. HEART TRAVEL agrees to operate in good faith with respect to our pricing model and strives to accommodate all clientele as our quoted prices.
6.3. Prices are seasonal and subject to vary depending on high, shoulder, or low season.
6.4. At the time of booking, a non-refundable, non-transferable, per person, per trip deposit is required. The deposit amount is dependent upon the trip and services booked, as identified on your itinerary.
6.5. We reserve the right to correct errors in price quotes or billing. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to book early to avoid disappointment, price increases, and additional late booking fees.
6.6. Deposits are non-refundable but, in some cases, may be transferable to another HEART TRAVEL Tour. The balance of the tour price, as expressed in your itinerary, must be paid at least 65 days prior to Day 1 of your itinerary, or is due at time of booking if booking is within 65 days of Day 1 of your itinerary.
7.1. Initial deposit is due at the time of booking, or for custom trip itineraries, no later than 14 days from the date of acceptance of the proposed itinerary. If your deposit is not received on time, the proposed itinerary will be deemed void. To reinstate the previously accepted itinerary, a new research and planning fee payment will be required.
7.2. Full payment is required by the final payment date, which will be no later than 65 days prior to Day 1 of your itinerary. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your bookings, in your being denied access to any Tours, accommodations, or other travel services, or in your forfeiting any monies paid for your bookings.
7.3. Payments will be due in accordance with the schedule provided in your itinerary.
7.4. Payments become non-refundable 24 hours after receipt.
7.5. A late fee of $100, or 5%, whichever is greater, of the deposit will be charged if the balance is not paid on time. If the balance is not paid within 3 days after such due date, we shall cancel your booking, without notice, and retain your deposits. These fees are non-refundable.
7.6. Two late payments will result in an additional late fee and written warning of cancellation.
7.7. Three late payments will result in cancellation of your booking without notice.
8.1. If you wish to reinstate your booking subsequent to cancellation, you will be required to submit a written request for reinstatement, via email, within 5 days of the date of cancellation of your booking. The request for reinstatement must be sent to: email@example.com, with the subject entitled: Request for Reinstatement, (Name of Group, or Named Lead Individual).
8.2. Reinstatement fee amounts will be imposed as follows:
8.2.1 1-4 travelers: $300, plus any outstanding payments and/or late fees
8.2.2 5-10 travelers: $400, plus any outstanding payments and/or late fees
8.2.3 10-20 travelers: $500, plus any outstanding payments and/or late fees
8.2.4 20 or more travelers: $1,000, plus any outstanding payments and/or late fees
8.3. To reinstate your booking, Client will be required to pay any additional third-party supplier costs incurred by HEART TRAVEL on your behalf, in addition to any costs associated with the reinstatement of your booking. If you are unable to pay the full reinstatement fee to us immediately, your trip will remain canceled without a right to cure, or recourse to refund.
8.4. Any booking made less than 65 days prior to the Day 1 of your itinerary must be accompanied by full payment at the time of booking. HEART TRAVEL accepts payment via e-check/ACH, Visa, MasterCard, American Express, Discover and other major credit cards through a designated payment processor.
8.5. Your booking is confirmed when your initial deposit payment is processed. Your invoice/receipt is confirmation of services on the booking.
9. Special requests
Any special requests relating to your Tour arrangements must be sent to us, in writing, at the time of booking. Special requests must be sent to: firstname.lastname@example.org with the subject line: Special Request (Group Name or Named Lead Individual). Although we attempt to meet all reasonable requests, we do not guarantee that they will be fulfilled. If we are able to fulfill a special request, we will do so by confirmation in writing prior to your date of departure.
Client is responsible for providing and verifying full, complete, and accurate information for all participants and services at the time of booking. Under no circumstances is HEART TRAVEL liable for any errors or omissions in the information provided by you to complete your booking. When you receive your tour itinerary and/or documentation, it is your responsibility to review and verify all information for accuracy. Contact HEART TRAVEL immediately if changes or corrections are required. HEART TRAVEL is not responsible for incorrect or inaccurate booking information provided by Client.
by Client Failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your booking. After 24 hours from date and time of booking, there are no refunds of any payment made. You are not entitled to a refund if you cancel, or change, your travel schedule after confirmation of a booking. All cancellation requests must be sent, in writing, to: email@example.com, As a result of cancellation, third-party Supplier’s cancellation penalties may also apply.
12. Minimum Participants
12.1. As stated on our website, HEART TRAVEL specializes in group travel. A minimum number of participants, per group, may be required for a specific Tour package or custom fit trip itinerary. Accordingly, we reserve the right to cancel any Tour, for which there are insufficient reservations, with written notice provided to Client within a reasonable time from the date of cancellation.
12.2. In the event of any such cancellation, all deposits or other payments made specifically to HEART TRAVEL will be refunded in full within a reasonable time from the date of cancellation, or transferred as a credit toward an alternative HEART TRAVEL Tour.
12.3. You agree these provisions herein stated are reasonable.
13. Fees for Changes or Revisions to Itineraries
We will always do our best to help you with any change to your booking. However, we offer no guarantee that your requested change shall be granted. Any and all change request(s) must be submitted, in writing, to firstname.lastname@example.org. A change to your booking, if granted, will be subject to an administrative charge in an amount to be determined by the details of the request and feasibility of satisfaction, plus any costs incurred thereto. Typically, changes made closer to the date of departure are likely to be higher in amount and more difficult to facilitate. Please note that certain accommodation, transportation, and event arrangements may not be changed after a certain date.
All changes or revisions to an itinerary requested prior to the Final Payment Date will incur a minimum $300 fee, per traveler, plus suppliers’ change fees, if any. These fees are non-refundable. Payment is due upon receipt of invoice.
After the Final Payment Date, any change to a participant’s name, Tour dates, or itinerary, is treated as a full cancellation and new booking. All cancellation fees apply in these instances. The same revision fee as above is applicable to all other revisions.
14. Transferring Your Booking
All bookings, deposits, payments, and proposed and scheduled itineraries are non-transferable.
15. Force Majeure and Other Cancellations by HEART TRAVEL
HEART TRAVEL will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including, but not limited to, web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions,changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of HEART TRAVEL (“Force Majeure Event”). THE PURCHASE OF TRAVEL INSURANCE IS STRONGLY RECOMMENDED ON ALL TRIPS and/or TOUR PACKAGES.
HEART TRAVEL reserves the right to cancel or reschedule any trip departure for any reason, including insufficient demand, strikes, lockouts, riots, labor stoppages, or Force Majeure event. In the event of a cancellation by HEART TRAVEL prior to departure, or during your trip, for conditions under Force Majeure, HEART TRAVEL will provide a future Tour credit for the portion of your trip impacted. Future Tour credit will be redeemable for use with HEART TRAVEL for one year subsequent to your original Day 1 itinerary date.
In addition, each of HEART TRAVEL’s Suppliers may have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary item(s) or arrangement in relation to your Tour. Payment of any refund to you as a result of the non-performance of any obligation by any third-party Supplier shall remain in the sole and absolute discretion of the Supplier pursuant to their policies, although HEART TRAVEL shall use its reasonable efforts to secure reimbursement for you where possible.
In the event of a cancellation by HEART TRAVEL prior to departure for reasons other than Force Majeure, HEART TRAVEL will use best efforts to rebook the same, or similar, Tour itinerary, on different dates (or a different Tour package), but there is no guarantee of availability for future dates, or that the available dates will be agreeable to you, the Client. If you accept re-booking, HEART TRAVEL will refund the difference in price if the price of the new Tour booking is lower; however, you are responsible for additional costs if the alternate booking is more expensive. If this rebooking option is not acceptable to you, HEART TRAVEL’s only responsibility is to refund your payment for the booking within a reasonable time of cancellation.
16. Travel Documents; TSA and DHS Acceptable Identification Requirements
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at www.tsa.gov/travel/security-screening/identification; examples are state-issued enhanced driver’s license, Passport, a foreign government passport. The name, date of birth, and gender that appear on the identification card must exactly match the same data that is listed on airline ticket(s) and reservation records.
You acknowledge that any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled tours.
HEART TRAVEL recommends that you consider certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. Client is responsible to disclose to HEART TRAVEL when Client, or any member of Client group, is traveling on a passport from a country other than the United States of America. In these cases, among others, HEART TRAVEL neither controls, guarantees, nor warrants, the issuance of visas related to your travel. Should a visa not be issued, HEART TRAVEL is not responsible for lost payments made toward the contemplated trip and/or Tour. Please note that rules of each country regarding entry and exit may change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. In these cases, among others, HEART TRAVEL does not control, guarantee, or warrant, entry of the child(ren) or infant(s) and is not responsible for lost payments made toward the contemplated trip and/or Tour. It is solely Client’s responsibility to perform all due diligence in regard to such matters prior to booking and/or date of departure.
17. Individual Entry and Exit Requirements
Each country holds different views in regard to past criminal offenses, whether committed and/or adjudicated within or outside of their respective boundaries or territory. If you have a current or prior criminal offense, contact the respective country representative directly for entry and exit requirements. You may visit the US State Department website for further information at, https://travel.state.gov/content/travel.html. HEART TRAVEL does not inquire about an individual’s criminal record in the interests of respecting our Clients’ privacy.
18. Travel Insurance
HEART TRAVEL strongly recommends the purchase of travel insurance. Although HEART TRAVEL does not provide travel insurance coverage to individuals or group participants, we do recommend that you visit our website and click on the link entitled “Travel Insurance” located at the bottom of the home page. You, the Client, are solely responsible for arranging your own travel insurance for you and/or your group. It is incumbent upon you to be satisfied that your insurance fully covers all of your personal requirements, including pre-existing medical conditions (in some cases), trip delay or cancellation, personal accidents and belongings, medical expenses, medical evacuation, air ambulance and helicopter evacuation, loss of effects, repatriation costs and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you and/or your group. In the event that you opt to travel without adequate insurance coverage, HEART TRAVEL will not be held liable for any personal or property losses arising therefrom.
HEART TRAVEL OFFERS ACCESS ONLY TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. (See, Travel Insurance link on website). TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD-PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR FLIGHTS, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE.
PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES.
Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the Tour may not be refunded and HEART TRAVEL, in addition to Suppliers’ (if applicable), cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s Tour booking and related costs. The purchase of travel insurance is not required in order to purchase any other service or product offered by HEART TRAVEL; however, if you decline to purchase insurance, HEART TRAVEL will require that you execute an insurance waiver. HEART TRAVEL is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage.
HEART TRAVEL CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
19. Hazardous materials
Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radio-active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio pharmaceuticals
There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed here: https://www.tsa.gov/travel/security-screening/whatcanibring/all.
20. Air Transportation and Tour Logistics Compliance
The Client is responsible for complying with the instructions of the airline and/or Tour operator, in particular with respect to flight check-in times and tour logistics. In particular, the Client acknowledges and agrees that:
Airlines reserve the right to cancel or change schedules without notice. Schedules shown are based on expected flying times as indicated by the airlines. Because weather and other factors may affect operating conditions, departures and arrivals cannot be guaranteed nor are the responsibility of HEART TRAVEL.
HEART TRAVEL has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure. HEART TRAVEL has no control over any indications of the hours spent flying which are provided by the airline(s) and are given for guidance only and are subject to alteration and confirmation.
Additional charges may be imposed by airlines for meals, luggage, seat selection, etc. HEART TRAVEL is not responsible for such charges and such charges may be amended by airlines at any time. The Client must comply with all air transport supplier’s rules and restrictions on the carriage of pregnant women. Airlines reserve the right to assess additional charges that could include an additional ticket purchase for passengers who may be too large to comfortably sit in one seat.
Your airline ticket is a contract between you and the air carrier. You acknowledge and agree that HEART TRAVEL does not have the right to control the operations of independent airlines, and agree that HEART TRAVEL is not liable for any personal injury, property damage related to your purchase of air tickets or air travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay caused by any act, error or omission of the airline, including their failure to deliver services, partial or inadequate delivery of services, airline policies, fuel increases, bankruptcy or cessation of operations.
HEART TRAVEL shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets generally expire one year from issue date unless carrier rules in passenger’s flight itinerary provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of two (2) hours prior to scheduled departure for domestic flights and three (3) hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). HEART TRAVEL shall not be held liability if accrual of miles or points is denied or if upgrades are not allowed. Many airlines do not permit upgrades on airfare purchased in certain fare classes or when using Frequent Flyer miles, loyalty status or certificates.
Seat assignments are not always guaranteed even after they are assigned. Most airlines charge a fee to pre-book a seat.
21. Unused Arrangements, Minimum Participants, and Alterations to Itinerary
No refunds will be issued for unused services (late arrivals, temporary absences from your trip, early departures), for unused transportation where group activity tickets are involved, or for voluntary modifications made by Client.
Some group Tours are based on minimum numbers of participants. If the number of participants falls below the minimum number required, a surcharge may be imposed, or the Tour may be canceled. Any cancellations of a Tour, or Tour item, for reason of failing to meet the minimum participant requirement will be governed by our cancellation policy.
Alterations to your itinerary may be necessary for any number of reasons, including without limitation, severe weather. Any alterations to an itinerary are at the sole discretion of HEART TRAVEL, or its Suppliers, and no refund or trip price reduction will be given if an itinerary change is necessary.
22. Health and Immunizations
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. HEART TRAVEL shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site at, http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control at, http://wwwnc.cdc.gov/travel/, relating to health issues pertinent to travel.
23. Risk and Safety
Travel to certain destinations may involve greater risk than others. HEART TRAVEL urges Client to remain informed, on a daily basis, as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at, http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov.
The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
AS A SELLER OF TRAVEL SERVICES FOR PARTICULAR DESTINATIONS, HEART TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE HELD LIABLE FOR COSTS, DAMAGES, LOSSES, OR DEATH THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF THE POSSIBILITY OF SUCH EVENTS, AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once HEART TRAVEL has investigated the situation, HEART TRAVEL shall have sole and absolute discretion whether to proceed with any HEART TRAVEL escorted or hosted Tour, or to make alterations to the itinerary.
24. Special Needs and Participation Requirements
Any special requirements or disabilities must be disclosed to HEART TRAVEL, at time of booking, or if such requirements arise after the booking, as soon as such requirements are or reasonably should be known by Client. If HEART TRAVEL has not received disclosure of requirements or disabilities that require reasonable accommodations for accessibility, and/or if your participation poses a threat to the safety or health to self or others, HEART TRAVEL may be unable to accommodate you for part, or all, of the Tour or any services provided in connection with the Tour.
Laws and regulations related to the accommodation of disabilities and special needs vary from country to country, and HEART TRAVEL is not liable for denial of services by air carriers, accommodations, restaurants, or other independent suppliers.
Certain activities or venues may be limited or inaccessible to you if your mobility is limited in any manner. Many excursions and sightseeing activities and events involve extended periods of walking and standing often on uneven pavement or surfaces, and may include staircases, paths, walkways, or locations that are narrow or inaccessible or of limited accessibility by wheelchair or walking aid apparatus.
Client are responsible for assessing if the itinerary is suitable for Client and all group participants on the booking. We recommend that you contact HEART TRAVEL prior to booking travel to determine what reasonable assistance might be available on your Tour itinerary.
HEART TRAVEL will make reasonable efforts to accommodate participants’ needs but do not guarantee that it can do so in all cases. You are advised that some Suppliers, including accommodations, trains, and small boats may not have elevators and/or lifts.
No refunds are provided for missed services or activities due to your inability to fully participate with the group, including keeping pace with the group, if conditions requiring assistance are not known to HEART TRAVEL at the time of booking, or when reasonably known by the participant. HEART TRAVEL does not provide personal services or individual assistants to Tour participants. Our staff are not required or trained to assist with personal tasks. This includes eating, dressing, toileting, lifting, pushing a wheelchair, walking, getting on or off transportation, porterage, or other personal needs. If you need such assistance, we strongly recommend that you have a companion accompany you to assist you, when necessary.
You must notify HEART TRAVEL at the time of booking if you are traveling with a wheelchair, or walking aid apparatus, or if the need for a wheelchair or such apparatus arises after the booking as soon as that need is known.
You are responsible for storage and maintenance of any permissible wheelchair or walking aid apparatus.
In some destinations, motorized scooters may not permissible. If you arrive with a motorized scooter, you will be responsible for its alternate transportation arrangements before, during, and after your scheduled Tour itinerary, at your expense.
25. Client Conduct
Each participant in any Tour escorted or hosted by HEART TRAVEL is expected to act responsibly and adhere to all conduct guidelines established by HEART TRAVEL and our Suppliers, including dress codes at religious and cultural sites. HEART TRAVEL and all local Suppliers reserve the right to remove you from any facility, accommodations, Tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of others at any stage of your itinerary, or interferes with the operation or security of the places we visit. In any such cases, there will be no refund.
When you book with HEART TRAVEL, you accept responsibility for any damages or losses caused by you. Full payment for any such damage or loss must be paid directly at the time to the accommodation owner, or manager, or Supplier. You must indemnify us for the full amount of any claim (including attorneys’ fees and other legal costs) made against us because of your purposeful conduct or negligence.
We are not responsible for any costs incurred concerning a guest(s) removed from a Tour, or any portion of a Tour. You agree not to hold HEART TRAVEL, or any of its related entities, liable for any actions taken under these terms and conditions.
Baggage and personal effects are, at all times, the sole responsibility of the participant.
Any transportation, possession, or use of illegal drugs will result in immediate termination of your Tour booking and/or itinerary. You are responsible for knowing and observing the licensing laws for drug possession (including prescription and over-the-counter drugs) for all countries that you are visiting. Please note that certain laws in a respective country may require you to carry a prescription from your physician.
Smoking is not allowed on transportation that is provided by HEART TRAVEL. Smoking includes cigarettes, e-cigarettes, cigars, e-cigars, or any other smoking or vaping device. You are responsible to abide by, and adhere to, all Service Providers’ terms and conditions, including as they pertain to smoking. This includes, without limitation, smoking only in designated sections of vessels, your accommodation, or restaurants.
HEART TRAVEL contracts non-smoking accommodations. Some accommodations may impose a 100% non-smoking policy. If you require a smoking room, a request may be submitted, but HEART TRAVEL cannot guarantee availability.
Weapons are not permitted on any HEART TRAVEL itinerary. This includes firearms, knives, mace or pepper spray, and weapons of any other type.
Drones are expressly prohibited on any HEART TRAVEL itinerary. HEART TRAVEL bears no responsibility if a drone in your possession is confiscated by local governmental authorities. HEART TRAVEL assumes no responsibility for costs or fees you incur from the loss of your drone.
Accommodations are listed as per your itinerary; however, HEART TRAVEL reserves the right to substitute alternative accommodations, if necessary. HEART TRAVEL will operate in good faith and use best efforts to secure comparable accommodations. No refunds are provided for changes in accommodations. If you wish to cancel your booking because of a change in accommodations, full cancellation fees apply.
Air-conditioning in all accommodations is always preferred and attempted to secure, but not guaranteed. Though accommodations may have air-conditioning as a listed amenity, its usage may be inoperable, insufficient, unavailable at night or during certain hours, or in the low season. HEART TRAVEL has no control over air-conditioning within accommodations.
HEART TRAVEL does contract only with four and five-star hotel facilities, in addition to modern, privately-owned residences.
HEART TRAVEL does not secure or guarantee early check-in. Check-in times vary worldwide and are solely at the discretion of the owner/manager of hotel or lodging. At your discretion, you may inquire about early check-in when you arrive and pay the accommodation directly for this service, if payment is required.
HEART TRAVEL contracts accommodations classified as standard, deluxe, suite, luxury, sea-view, mountain-view, or any variation thereof. Accommodations may include, without limitation, twin, double, queen, or king-sized beds. Mobile beds may be available upon request and may be issued at the sole discretion of the accommodation Supplier. Assignment of rooms is at the discretion of the accommodation Supplier and is not controlled by HEART TRAVEL. Single supplements ensure your own room, but do not guarantee the number of beds within a room. Single rooms are generally smaller in size and may be less conveniently located.
27. Limitation on Liability
Tour participant(s) agrees that HEART TRAVEL shall not be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any Supplier providing services, or any other person. Air carriers, accommodations, and other Suppliers providing services are independent third-party contractors and are not agents, employees, servants, or joint ventures of HEART TRAVEL or its affiliates, unless otherwise specified.
From time-to-time, and for the purpose of identifying those Suppliers as the provider of a component or part of a Tour package, limited Suppliers may utilize the I HEART TRAVEL AND TOUR name on promotional media, signage, or attire. Although you may see the I HEART TRAVEL AND TOURS name on signs, vehicles, apparel, or elsewhere during your Tour or excursion, its use by limited Suppliers is solely for the purpose of identification and does not necessarily represent or signify in any way ownership, management, supervision, direction, or control, or the right to direct or control I HEART TRAVEL AND TOURS services that are provided by the Suppliers, or the employees, servants, or agents of the Suppliers.
Certain aspects of Tour itineraries and official documents for services issued by I HEART TRAVEL AND TOURS may be subject to the terms and conditions as specified by limited Suppliers, and to the laws of the countries in which the services are supplied.
28. Reservation of Rights; Changes to these Terms
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be posted on our website and are effective immediately upon posting.
28.1 Limitation of Remedies: You agree that the sole remedy for any default by HEART TRAVEL arising out of or relating to this agreement shall be the return of the paid Tour cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, HEART TRAVEL shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of, or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if HEART TRAVEL has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
29.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid, or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
29.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
29.3. No failure or delay by any party to exercise any right, power, or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
29.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
29.5. Notice. Each Party shall deliver all notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”) in writing and addressed to the other Party. Each Party shall deliver all Notices by email (with confirmation of transmission). Except as otherwise provided in this Agreement, a Notice is effective (a) upon sending of such Notice by the party giving the Notice, and (b) if the party giving the Notice has complied with the requirements of this Section.
29.6. Governing Law. The validity, construction and performance of this agreement shall be governed by the laws of the state of Florida.
Dispute Resolution. In the event a dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement, (a) the dispute shall be filed and resolved exclusively by binding arbitration through the American Arbitration Association in the state of Florida; (b) the dispute will be governed by Florida law; and (c) any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction.