THE TRAVEL NOOK®, INC. (hereinafter, “TTN”) acts solely as a third-party agent for suppliers who provide all accommodations, transportation, attractions and other components and services for any type of group tour(s) (whether or not organized by TTN) and/or individual travel purposes (hereinafter, “Trip(s)”). You agree that by booking a Trip through TTN you expressly agree to all terms and conditions herein. In the event you do not agree to the terms and conditions herein, you will not utilize our services. TTN reserves the right to change these terms and conditions at any time, for any reason, with or without notice and your continued use of TTN services denotes your acceptance of any revised terms and conditions unless otherwise noted.
All decisions regarding the components for the Trip, including, but not limited to: itineraries, participants, attractions, meals, accommodations, roommates, services & budget costs will be made by the individual party or the organized sponsor representative (hereinafter, the “Trip Planner”) in cooperation with TTN on behalf of all the attending Trip participants (hereinafter, the “Passenger(s)"). Organized sponsor as used herein is defined as, but is not limited to: a group, family, church, club or school, etc., (hereinafter, the Group”). The Trip Planner will review and accept these terms and conditions on behalf of all Passengers/Group when contracting the Trip. The Trip Planner agrees to review the terms and conditions with the Passengers and obtain their consent (or be responsible for the waiver thereof) to the Trip Planner’s acceptance on behalf of all Passengers/Group. Organized sponsored Trips may require a participation form with signature(s) of a custodial parent/legal guardian for all Passengers including those minors under 18 years of age (hereinafter, “Minors”).
TTN also acts as a Trip Planner and offers Trips for sale to the public organized by TTN. TTN sponsored Trips always require a custodial parent or legal guardian of any Minors to provide a notarized signed form or affidavit authorizing another adult representative to assume responsibility and accompany Minors on all Trips. In the case of shared custody, this may be required by both custodial parties.
TTN reserves the right to cancel any or all types of Trips at any point in time, at its sole discretion and shall have no responsibility or liability beyond the refund of all monies paid by the Passenger(s), which shall be deemed to constitute full settlement of any and all claims the Passenger(s) may have. TTN hereby expressly reserves the right to change the Trip destination if deemed necessary with or without notice to Passengers. A minimum number of Passengers are required for Trips to guarantee departure, unless otherwise specified.
TTN doesn’t assume responsibility for any refunds, losses, costs or expenses arising out of injury, accident or death, loss of or damage to or delay in connection with baggage or other property, gratuities, parking, kennel, home, pet or child sitting services, local taxes to be collected at time of arrival, baggage fees, overweight baggage fees, baggage service, delay, inconvenience, upset, disappointment, stress, frustration or loss of enjoyment or loss of holiday time, etc., resulting from: a) the act of fault or omission by any party; b) whole or partial shut-down of Service providers, mechanical breakdown, government action, war, terrorism, revolutions, Home Land Security Alerts, political unrest, crowds, labor disputes, construction, elements of nature, weather, closure of access routes, the inability of transportation companies to obtain fuel, render it impossible or dangerous to obtain transportation, acts of God, strike, health quarantine, epidemics or any other action beyond TTN’s control; c) Passenger’s failure to provide necessary documentation for return to country of origin; d) being denied access to aircraft due to contravening the airline’s conditions of carriage; e) being held by Government direction or security or law enforcement agency; f) Passenger(s) missing connections, Passenger(s) lateness or failing to follow the directions of TTN or its representatives; g) the need for TTN to change itineraries, accommodations or services. Suppliers are independent parties, over which TTN exercises no control. All services provided are subject to the conditions imposed by the Suppliers. Passengers acknowledge and accept that TTN is not in any way liable for personal injury, death, personal property damage or loss, any inconvenience, loss of time or any other loss arising out of the act, omission or negligence of any direct air carrier, motor coach company, hotel or any other Suppliers in conjunction with Trip. Furthermore, the Passenger acknowledges and agrees that TTN is not in any way responsible for any injury, damage or loss due to reason of theft, accident, mechanical breakdown, tow, storage, violation charge, political unrest, government action, weather, failure to make timely payments, or any other reason beyond the control of any Suppliers in conjunction with the Trip.
CUSTOMS STANDARDS NOTICE: Passengers should be aware that different living standards, practices, conditions, customs and ethics with respect to the provision of utilities, services and accommodations may exist in other destinations in and outside the United States and TTN takes no liability or responsibility therefore and Passengers will be solely responsible for familiarizing themselves with same and accepting the risk thereof.
ASSUMPTION OF RISK: Passengers acknowledge that your use of our site and services, including booking and going on a Trip, and participation in activities is at your own risk. Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, epidemic, crime, terrorism and warfare. Because each Passenger(’s) risk tolerance is different, all Trip Passengers should refer to objective third-party sources of travel information, such as that maintained by the U.S. Dept of State (travel.state.gov) as well as (cdc.gov)
The REAL ID ACT passed by Congress will mandate that all Passengers obtain Passports and/or Enhanced licenses for both domestic and international air travel as the main form of government issued identification. By Oct 1, 2021. It is suggested that all Passengers be proactive and obtain Passports for all Passengers, including Minors.
PASSENGER DOCUMENTS: A valid passport/citizenship documents are required by many Suppliers for Trips outside of the US. No refunds will be made for delays, missed flights or cancelled Trips resulting from insufficient, lost, or invalid documents, denial of destination/country entry or carrier boarding. Passengers must provide TTN with precise and valid citizenship document details to secure the Trip. Disclosure of any situations affecting border crossing is the responsibility of the Passenger. All financial and physical responsibility regarding citizenship or customs denial of clearance, detainment, eviction, vacating or meeting up with any Trip already in progress, will be the responsibility of the Passenger.
TRAVELING WITH MINORS: All Minors traveling domestically or internationally without their legal parent or custodial guardian will be required to provide a notarized Affidavit Form from all custodial parties, to authorize travel. A responsible party for the Minor must submit said notarized Affidavit to TTN prior to travel. Customs and border patrol requires this Affidavit for all minors under 18. TTN does not act as a chaperone for said minors. TTN is not responsible for any travel loss, delays or financial obligations to resume with itinerary in the case of incomplete documentation or detainment.
NON-DISCRIMINATION POLICY:TTN is committed to creating a culture that reflects the diversity of all passengers. TTN encourages our employees and our suppliers and partners to understand, accept and celebrate differences. TTN welcomes everyone and prohibits all discrimination on the basis of race, ethnicity, age, religion, physical ability, mobility, sexual orientation, gender identity and gender. Inclusion, respect and confidence are our utmost priority.
DISRUPTION ACKNOWLEDGEMENT: Worldwide epidemics, and any other health and safety related concerns remain ongoing at this time. Trip plans may or may not be reasonably foreseeable at any time, may be interrupted, or cancelled by the supplier providing them, a government entity or third party of which TTN has no control. The supplier's own cancellation, rebooking and refund policies, subject to any law that is now or may later be in effect, and may govern Passenger's rights and remedies, including Passenger right to receive a refund. Travel insurance protection plan is strongly encouraged, and the terms of the policy will dictate whether and to what extent coverage for any financial loss may exist under these circumstances. Passengers will hold TTN harmless and release it from any, and all liability for any damages, including but not limited to monetary losses, that may incur as a result of such interruption or cancellation of trip or travel.
FEES & SURCHARGES: The Travel Nook® offers customized services and has implemented the following schedule of fees and/or surcharges. All fees/surcharges are collected in US dollars through an encrypted platform.
• Suppliers may impose surcharges that may include, and are not limited to; fuel, supplies, seasonal demand, green/eco surcharges, and currency exchange rate fluctuation without notice which may cause TTN to raise pricing of the Trip package without notice.
• Passengers in single occupancy rooms will incur single supplement fees as per TNN, supplier or vendor unless there is a specific single rate.
• TTN will include document, promotional items and shipping fees in package pricing. This fee varies per package according to size, delivery date requirements and delivery destination. This is non-negotiable and non-refundable.
• The Travel Nook® will incur a minimum Trip Planning Fee $175.00 for basic trip planning and research from the Trip Planner. These fees vary per trip type, destination and amount of customization required. This fee is for travel planning and research required to prepare a customized itinerary and will act an "Intent To Travel" commitment, which includes multiple services. These services can be found at thetravelnook.com/start This fee is required before travel planning commences, and is a separate fee that is not applicable to the travel package pricing. Trip planning fees are per household, or may be per passenger, pending the type of trip or destination. Fees for Group travel vary by type of group and destination. Should travel not manifest after the trip planning has taken place, for whatever reason, then the fee will be utilized as compensation for the man-hours expended during trip planning and research services. See additional surcharges below. All situations will be based on an individual basis. Please note that all travel planning fees are final sale, non-refundable & cannot be disputed. A trip planning fee is valid for 60 days. If after this time, a trip is not secured by deposit, a new inquiry will require new trip planning fees. Abusive behavior or language for unfulfilled or unsatisfactory quotes will not be tolerated and are grounds for immediate termination without refund.
• Additional administrative fees or surcharges may vary and result from the following, and are not limited to; Air-only bookings, extensive consultations, multiple quotes & itinerary revisions, overtime, concierge services, research, travel expenses, substitutions, printed materials, presentations, shipping, duplicate documents, cancellations, rebooking, international exchange/conversions, ticketing, insufficient funds, assistance with insurance claim document processing, meetings, travel expenses and for guest abandoned proposals. All situations will be evaluated on an individual basis and are at the discretion of The Travel Nook®. This may not be disputed, and no refunds will be made.
• TTN will impose a $50.00 surcharge when requesting Passenger documents required for submitting travel insurance claims.
• TTN will impose a minimum of $50.00 service surcharge per Passenger on air only bookings, per air segment/leg. International or multi-carrier itineraries may incur a greater surcharge. This may vary according to final travel package and is non-disputable. See header for Airfare below.
• TTN has trip cancellation surcharges in place that vary according to scenario and circumstance. See trip cancellation details under cancellation heading.
AIRFARE: For trips with air components, TTN has the right to and will impose a minimum $50.00 per guest, per leg surcharge to expedite air. International, multi-leg or upgraded category may incur a greater service charge.
TTN will provide air itinerary and seat assignments based on availability, if possible. TTN will monitor air schedule and equipment changes. Air carriers operate at their own discretion and policies are subject to change at any time. Upon Passenger reconfirmation 48 hours prior to departure, TTN will not be held responsible for any additional reconfirmation or Passenger alerts within 48 hours of flights, or if Passengers choose to check-in online prior to travel. TTN will not be responsible for any missed flights, incorrect airport gateways, missed connections, gate changes, transportation transfers or misinformation of vehicle airport transportation, pickup discrepancy or lateness on day of travel due to traffic, crowd or weather conditions. Passengers will be financially responsible for any and all fees, penalties, reticketing fees or charges, waivers, ticketing penalties or surcharges resulting from any discrepancies on air travel documents, incorrect itineraries, lack of or invalid custodial documents, or lack of or invalid government identification at time of travel as well as any itinerary changes, itinerary changes, no-shows, missed flights or missed connections, re-booking fees, office overtime or emergency fees. All flight situations will be evaluated on an individual basis. Surcharges are solely at the discretion of TTN. This may not be disputed, and no refunds will be made.
TRAVEL DOCUMENTS: Travel Documents are usually delivered to TTN for distribution to the Passengers. TTN will open and check the documents for accuracy as per the confirmed information provided by the Trip Planner at time of booking. TTN will not be responsible financially for any name change, date change, re-ticketing or rebooking fees and penalties resulting from discrepancies on documents. If there are any other related discrepancies, TTN will make arrangements for them to be corrected. Once all documents are confirmed, TTN will send the documents and any other travel materials to the Passengers either by hand-delivery, registered/trackable first-class mail or by UPS package pending urgency as per the trip departure date.
A document surcharge is included in Trip package price to cover guest travel documents, materials and shipping costs. This is a minimum of $40 per household, is non-refundable, non-disputable and at the discretion of TTN. A proper shipping address is required for delivery and a signature may or might not be required. For custom tours, the above-mentioned service fee also includes the shipping costs for the prompt delivery of the Tour Guide's group packet. The Tour Guide acts a liaison between the Guests and TTN. The packet may include but is not limited to: group gifts, maps, brochures, tickets, vouchers, waivers, rental forms, coupons, and all required documents, records and contracts required to expedite the trip.
Group Tickets, (i.e. Theme Park, Theatre Tickets, etc.) will be counted for accuracy based on the final count and payment provided to TTN. This will be recorded for the Passenger(s)/Group Leader/Trip Planner. Once delivered, Passenger(s)/Group Leader/Trip Planner cannot contest for discrepancies or lost tickets. No refunds will be made and TTN will not purchase extras. Any unpaid Passenger or Guest is not permitted on the Trip without a secured payment and/or confirmed ticket held. Packages cannot be insured for the monetary value of the tickets. Should a package be lost or damaged in transit, we will alert our Suppliers immediately. Lost or damaged tickets will have terminated bar codes (if applicable) and be voided. TTN and Suppliers will work together on replacements or a reasonable alternative, if available. An alternate resolution may come after the actual travel date, as many situations might not be addressed, serviced or resolved in considerable time. No refunds will be given in this case, this decision is at the discretion of TTN, is final and cannot be disputed.
TRIP CANCELLATION & INTERRUPTION: TRAVEL INSURANCE IS STRONGLY ENCOURAGED. Contact The Travel Nook for details on travel protection products available. Plan coverage varies per supplier. Insurance policies are NON-REFUNDABLE. TTN will not be held responsible for any reimbursements whatsoever for anyone declining travel insurance protection.
When Passengers book a Trip that is organized by the Passenger(s), Trip Planner, Organized Sponsor or Group and booked through TTN, TTN will impose a minimum of $250.00 cancellation surcharge for any Trip that is cancelled after being booked, that has not yet departed, regardless if the guest has or has not purchased travel protection. This charge covers TTN man-hours invested in planning the Trip and for labor costs to cancel the trip and attempted recovery of funds. This fee is in addition to the original payments made on the Trip or travel itinerary and due at time of the cancellation notice. This surcharge is solely at the discretion of TTN, may not be disputed, and cancellation will not commence until this is collected.
All cancellation requests must be made directly to TTN in writing in order to be eligible or considered for any refund. Phone cancellations must be accompanied by an immediate email or written notice or they will not serve as a cancellation request. Cancellation policies vary by the Supplier and will be advised at time of quote, booking or payment. Suppliers may require further documentation for reimbursement or have certain stipulations. Refunds may or may not be provided as per Supplier booking rules. No refunds are given for Passenger no-shows or leaving a Trip once it has commenced. Reimbursement, if any, may be a direct refund, credit, voucher or alternate form.
CANCELLATIONS FOR TTN ORGANIZED DOMESTIC LAND GROUP TRIP: For any Trip where TTN is serving as the organizer: (1) from Trip deposit date to 31 days prior to Trip departure, cancellation will incur a $50.00 termination fee per Passenger, plus any non-refundable monies required by the Supplier; (2) from 30 days to the date of departure: NO REFUNDS. Travel Insurance is encouraged. Reimbursement may or may not be a direct refund, but may come in a credit, voucher or alternate form. If replacements are made in lieu of termination, TTN termination fees may be waived based on occupancy and Supplier rules and regulations.
CANCELLATIONS FOR TTN ORGANIZED INTERNATIONAL OR AIR GROUP TRIPS: For any Trip where TTN is serving as the organizer: (1) from Trip deposit date to 61 days prior to Trip departure, cancellation will incur a $250.00 termination fee per Passenger, plus a pro-rated share of room occupancy charges, and partial or full forfeiture of any non-refundable components or fees levied against the group as per the Suppliers; (2) from 60 days to 31 days prior to Trip departure, cancellation will incur a $500.00 termination fee per Passenger, plus a pro-rated share of room occupancy charge and forfeiture of any non-refundable components or fees levied against the group as per the Suppliers; (3) from 30 days to the Trip departure date, NO REFUNDS. Refunds will not be issued for unused or non-refundable tour, travel, land, sea or air component services. Contact us to inquire about a travel protection plan.
REPLACEMENT PASSENGERS: Should a new Passenger be available to take the place of a cancelled Passenger, any applicable funds for the new Passenger will be transferred if and where possible. Additional surcharges may apply depending on the Supplier or Trip. Trip planners have the right to accept or deny replacement Passengers for their own/sponsored Trips, and to deny refunds if they are collecting funds internally.
PRIVACY ON INQUIRIES: Passengers will be asked to share with us certain basic personal information, such name, e-mail address, address, phone number, travel preferences, interests, special needs, physical conditions or limitations that may be of concern. This can be updated at any time. In order to complete a Trip purchase, you will be asked to share with us information required to complete the transaction successfully, such as: date of birth, emergency contact info, billing and shipping addresses, credit card number, card holder’s name, security code, expiration date, etc.
PRIVACY ON PURCHASES: Some information may be shared with the third parties necessary to successfully complete a transaction - including the vendors selected (i.e. hoteliers, airlines, show tickets, wholesale companies, attractions, etc.) and others who facilitate the transaction (i.e., the credit card company). TTN may disclose personal information: (i) if you fail to pay amounts due for Trips or services; or (ii) if Passengers violate TTN’s terms and conditions or any governmental, regulatory or other enforcement agency law, rule, or regulation. Unless otherwise prohibited by law or TTN’s contractual obligations, TTN may disclose personal information if required to do so by law, court order, or as requested by a governmental or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable. Such situations may include: to perform, maintain or enforce contracts with our Passengers; to protect our rights or properties and those of our business affiliates, customers, employees or others; or when we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be causing, or who may be threatening to cause, interference with or damage to TTN’s rights or properties, whether intentionally or otherwise; or when anyone else could be harmed by such activities.
PRIVACY OF OTHER NON-PERSONAL INFORMATION COLLECTED: Like many other Internet sites, TTN’s Suppliers, vendors, partners and our website may automatically collect non-personal information, such as software information (for example, IP addresses, browser versions and operating systems) and aggregate information (for example, number of pages accessed) in order to analyze web traffic and usage trends. Information of this nature does not pertain to specific identity and is not associated with direct, personal information. To enhance the experience on TTN’s website, TTN and our third-party advertiser(s) commonly employ Internet technologies, such as "cookies," to collect and store information about website visitors. "Cookies" are small pieces of information that are transferred by a website and stored by your web browser on your computer's hard drive. With most browsers, you can set the preferences to show a warning each time a cookie request is received. You can also set the browser not to accept cookies at all; however, TTN won't be able to personalize the experience if TTN cannot recognize you.
PRIVACY OF MINORS: TTN does not intentionally collect personal data from children under 16 years old for inquiries. Specific steps to protect the privacy of children by making reasonable efforts to ensure that a parent has authorized the inquiry/collection of the child’s personal data. TTN provides information about personal data practices in relation to children in our terms and conditions on our web site. In addition, TTN has considerable safety protocols concerning underage travelers on TTN sponsored tours.
SECURITY: TTN will not sell or rent your personal information to any third parties. TTN uses industry-standard, secure-socket-layer (SSL) technology, which is utilized by most popular browsers with added security precautions, including Google Chrome to encrypt (or convert into code) visitor personal information before it is transferred across the Internet. To further safeguard Passenger’s sensitive credit card information, TTN practices discretion and extremely limits how much of your personal information is kept in-house.
ROOMING POLICIES: Suppliers may require hotel rooms to be filled at maximum capacity or have limits to capacity. Rooming lists are required to be delivered to TTN a minimum of 60 days prior to departure to avoid penalty fees, although avoidance of penalty fees cannot be guaranteed depending on the Suppler. If occupancy changes, the Trip Planner must notify TNN and reassign Passengers. Lodging bedding & washroom configurations vary. TTN reserves the right to substitute lodging pending availability at the time of reservation. Lodging may be under renovation or construction and TTN will not issue refunds or discounts for such case. Passengers may request, but are not guaranteed: cots, refrigerators, cribs, adjoining or adjacent rooms, bedding, balcony or other related Trip requests and will be charged accordingly. Any requests made are based on availability and are NOT GUARANTEED.
ELECTRONIC PAYMENT AUTHORIZATION: TTN accepts electronic payments via a secure and encrypted payment portal and manually via a credit card authorization form. Transmission of this sensitive material is subject to authorization via desktop computer, laptop, remote access programs, wireless networks, USB drives, email and internet. While security protocols are in place, sending complete credit card information via the internet, chat, texts or messaging is not advised, nor shall it be the responsibility of TTN for any breaches arising from any breach or security incidents. Forms are requested by either hard copy mail, fax or email, minus the secure information and requires a telephone call to supply and verify the remaining secure information for Passengers, payment and processing. TTN Strongly discourages the usage of debit cards for any travel transactions.
WAITING LISTS: Should a Trip have an overwhelming response and require additional space to be secured, an alternate Supplier may be required to accommodate the party size. Additional space may not be available, is not guaranteed and a limit might be provided. Accommodating additional space may require a change of original itinerary or Supplier and may incur surcharges due to the Passenger volume and change.
VEHICLE LIABILITY: If Trip Passengers are providing personal vehicles for transportation during a Trip, all vehicle, fuel, tolls, vehicle maintenance, documentation, passenger safety, parking, liability, travel violations, fees and penalties, participation in any and all activities to, from, during, and anything in transit from the Trip destination are the Passenger’s own responsibility, and take place at Passenger’s own discretion and expense. TTN will not be held liable nor in any way financially or physically responsible for any vehicle maintenance, fuel, toll, parking, passenger safety, personal injury, property damages, violations or any reimbursement for portions of a tour or attraction lost due to delay, traffic, weather, or damages resulting from any travel situations arising from private vehicle usage.
INDEPENDENTLY BOOKED LODGING AND RENTALS: TTN will not be held responsible for any damages, physical or punitive, security, safety, loss or damage of property, injury or loss of life arising from Passenger(s)/Groups independently booked lodging rental home, villa, property, etc. In addition, no refunds or reimbursement will be provided by TTN for any miscommunication, loss of service, or unsatisfied travel component associated with or arising from Passenger(s)/Groups failure to properly and timely communicate any information, changes or updates regarding said independently booked lodging
PASSENGER RESPONSIBILITY: TTN, IT’S STAFF, REPRESENTATIVES OR OFFICERS DO NOT ACT AS CHAPERONES OR SUPERVISORS FOR MINORS OR ADULTS. Care and custody of all Passengers, including Minors and of all personal property shall be that of the Passenger or Minor’s chaperone, custodial parent or legal guardian at all times. TTN will not assume liability or accept responsibility or claims for lost Minors, damaged personal articles, electronics (including privately owned or rented items) due to breakage, theft, hotel, transportation or air handling, wear and tear, etc., at any time.
All Trips will depart at the specified time. Passengers may be required to sign conduct expectation agreements by TTN, Suppliers, organizations or vendors. Unlawful activity, unauthorized access, trespassing, or misconduct could result in termination of the Trip or eviction of the Passenger(s). Passengers endangering his/her safety or the safety of others for whatever reason, may be evicted at any time. Evicted Passenger(s) (including Minors and their chaperone, parent or legal guardian) are responsible for any and all financial and physical costs and arrangements to repair damages, detainment situations and to vacate. There will be no refunds. TTN reserves the right to decline or evict any Passenger from Trip participation at any time, and for any cause whatsoever, without explanation. Safety, above all is the utmost priority.
DAMAGES: Passengers are held financially responsible for all damages and incidentals incurred with respect to their booked, hired, charter or rented transportation vehicles including aircraft, bus charters, vehicle rentals, boating, train, trams, trolleys, cars, vans, cycles or other mode of transportation, as well as any incurred damages and incidentals incurred to any of TTN booked lodging facilities including but not limited to: hotels, motels, resorts, villas, cottages, camping facilities, cabins, youth centers, hostels, homes, apartments, condominiums or timeshares/vacation club rentals. Passenger liabilities may include, but are not limited to: damages to the room structures, furniture, finishes, windows, all hotel property, payments for room service, in-room phone, dining, recreation, rental fees, entertainment, Wi-Fi and media usage fees. Any damage to common areas will be paid by the Group unless damage is associated to specific Passenger(s). Common areas are defined as: hallways, stairwell, lobbies, pool, gardens, lots, banquet space, elevators, etc. Suppliers reserve the right to hold the Group or the direct Passenger(s) financially responsible for damages, extensive cleaning of property, or even eviction. Any inconvenience, delays, loss of activity, Supplier or change of itinerary caused by the resolution of incidental charges and/or property damage is at the discretion of the Supplier and will not be refunded.
AUTHORIZATION FOR EMERGENCY TREATMENT RELEASE: In the event that a parent/guardian or Emergency contact as listed on the travel records cannot be reached in an emergency, authorization is hereby given to TTN to obtain treatment for the Passenger listed on a TTN sponsored tour from a local first aid department, physician in the area of the activity, or at a hospital or medical facility/treatment room. In the event the Passenger cannot continue the trip due to the emergency, transportation of the injured or sick Passenger will be the responsibility of the sick Passenger or his/her parent/guardian or emergency contact.
CHANGES, ADDITIONS, STIPULATIONS OR STRIKING OUT: Any changes, additions, stipulations or deletions, including corrective striking out of the terms and conditions by the Trip Planner, Passenger(s), Minors or their custodial parent/legal guardian will not be considered, agreed to, or binding upon TTN unless such modifications have been agreed to be TTN in writing and initialed by TTN.
FORCE MAJEURE: TTN shall not be held liable for any losses, delays, failure, errors, interruptions, etc., occurring directly or indirectly by reason of circumstances beyond TTN reasonable control, including, without limitation, “acts of nature” (including fire, flood, earthquake, storm, hurricane or other natural disaster); action or inaction of civil or military authority; acts of foreign enemies; war; terrorism; riot; insurrection; sabotage; epidemics; labor disputes; civil commotion; or interruption, loss or malfunction of utilities, transportation, computer or communications capabilities. Passengers shall not be permitted to terminate this Agreement due to a Force Majeure, but TTN shall work with Passenger(s) to alter the Trip if and when possible or to issue a credit if possible for a future Trip less the non-refundable fees.
RELEASE AND INDEMNITY: In consideration of TTN’s acceptance of this signed contract for the Trip and any activity associated therewith, the Passenger, including Minors and their custodial parent/legal guardian forever releases and discharges TTN, its shareholders, officers, directors, employees, successors, assigns, agents, cooperative agencies and Suppliers from any and against all claims, costs, expenses and demands in respect to Passenger death, injury, loss or damage to his/her person or property wheresoever and howsoever caused, arising out of or in connection with the Trip or any activity associated therewith notwithstanding that the same may have been contributed to or occasioned by any act or failure to act, including without limitation negligence of TTN, any one or more of its shareholders, officers, directors, employees, successors, assigns, agents and Suppliers. This clause shall be binding on all Passengers personal representatives, heirs, executors, administrators and assigns. This is non-negotiable.
AUTHORIZATION: You hereby grant TTN an irrevocable perpetual license to use any photographs, video, correspondence or media content collected or during Trip to be used by TTN for written, media, or print promotional advertising and marketing materials.
DISCLAIMER OF ALL WARRANTIES: ALL INFORMATION AND SERVICES ARE PROVIDED ON A STRICTLY “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY AND TTN EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WHATSOEVER.
LIMITATION OF LIABILTIY: TTN, nor its subsidiaries and affiliates, or its licensors shall be liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of your use of our site, services, the Trip of any part thereof or connected thereto. To the maximum extent allowed by applicable law, TTN shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the site or information flowing through our site or your use of our services.
WAIVER AND RELEASE: You hereby agree to waive any rights of recovery, under any theory of law, that you may have against TTN and to release TTN from any claim on account of your use of our site or services, including, but not limited to, booking the Trip. Notwithstanding, any potential recovery is limited to your fee paid to TTN, if any. Further, notwithstanding TTN’s express disclaimer of any liability, any actions brought against TTN in connection with these terms, service and/or Trip must be commenced within one (1) year from the date of the incident or you expressly agree to waive your ability to bring an action. You expressly agree to waive any rights to a class action.
TRANSFER/ASSIGNMENT: You agree that TTN may assign or transfer its ownership or services to a third party, including all of its rights and obligations with respect to you.
SEVERABILITY: If any part of these terms shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect and the term(s) in question shall be considered re-drafted in a manner that is enforceable and valid.
CAPTIONS: The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of these terms.
INTERPRETATION AND ACKNOWLEDGMENT: The provisions contained herein constitute the entire contract between the parties. Authorizing for and submitting a payment acknowledges that the parties have been given a reasonable opportunity to read, review and do hereby knowingly and willing accept these terms.
The Travel Nook
213-37 39 Avenue #365 Bayside, NY 11361
Revised October 13, 2020
FL - ST 41750