These terms and conditions (“Terms and Conditions”) govern the relationship between The
Travel Planner LLC d/b/a VIP Travel Designs (“VIP” and/or “us/our”) and you, the purchaser
and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with VIP, you
agree to be bound by these terms and acknowledge that VIP acts solely as a booking agent for
disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus
companies, ground transportation, boat purveyors or owners, and other independent
contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is
not the source or provider of the travel services. These terms include warranties and
disclaimers and exclusions of liability and may restrict your rights and remedies and provide
protection to VIP.
- USE OF VIP SERVICES, ACCESS AND INFORMATION FOR TRAVEL 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 travel bookings with VIP. You agree to be financially responsible
for all of your travel bookings made on behalf of yourself and any member of your traveling
party and warrant that all information supplied by you on behalf of yourself, members of your
household, or others for whom you are authorized to transact business with us is true and
accurate. You agree that you will only make legitimate reservations or purchases with VIP and
its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent
reservation is prohibited.
All bookings are accepted by VIP as agent for the travel Suppliers on your itinerary. Separate
Supplier terms and conditions will apply to your reservation 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 that you have selected as a service provider on
an itinerary you have approved.
VIP Travel Designs – a division of The Travel Planner LLC is registered with the following state licenses: California – Seller of Travel Registration No. 2150867-50. Florida – Seller of Travel Registration No. ST43770. - PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising
out of your travel bookings through VIP. By submitting a credit card authorization form to VIP,
you agree to allow VIP to use your payment method to purchase travel products from our
Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY
DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING
TERMS AND CONDITIONS OF VIP OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES
OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF VIP OR ITS
SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY
AUTHORIZED TRIP PAYMENT, VIP RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS,
FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION,
INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and
conditions of booking. You understand that failure to make final payment or any violation of a
Supplier’s conditions of purchase may result in cancellation of your reservations, in your being
denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting
any monies paid for your reservations. In some cases, there is NO REFUND once a booking is
made and under deposit. You may not be entitled to a refund if you change or cancel your
travel plans after confirmation of a booking. All cancellation requests must be sent to VIP in
writing. As a result of cancellation, third-party Supplier’s cancellation penalties will apply.
Cancellation fees will be charged to the credit card or other payment method you authorized to
pay for travel services or deducted from the Supplier’s refund.
- TRAVEL DOCUMENTS, INCLUDING 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 http://www.tsa.gov/traveler-
information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport,
a foreign government passport. The name, date of birth and gender that appears on the
identification card must exactly match the same such data that is listed on airline ticket(s) and
booking records. You acknowledge 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 travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO
REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT VIP IMMEDIATELY IF
CHANGES OR CORRECTIONS ARE REQUIRED.
VIP strongly recommends that you take into account that 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 make VIP
aware when traveling on a passport from a country other than the United States of America.
VIP neither controls nor warrants the issuance of visas or approval of visa waivers related to
your travel. Should a visa not be issued, VIP is not responsible for lost payments made toward
the contemplated trip. Please note that rules of each country regarding entry and exit 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; please see https://help.cbp.gov/s/article/Article-
3643 for additional information.
- INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their
boundaries. If you have a current or prior criminal offense, contact that country directly for
entry and exit requirements. You can visit the US State Department Website for further
information about these requirements. See, https://travel.state.gov/content/travel.html. We
do not inquire about an individual’s criminal record in the interest of respecting our Clients’
privacy. For example, if traveling to or through Canada, individuals with a Driving While
Intoxicated (DWI) record should review current entry requirements. See:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-
canada/inadmissibility.html. - HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s
luggage or on 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
radiopharmaceuticals.
(2) 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
http://www.tsa.gov/traveler-information/prohibited-items. - INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to
treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is
on the DOT’s website and is updated from time to time: http://www.dot.gov/office-
policy/aviation-policy/aircraft-disinsection-requirements. - HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of
such immunizations and screenings before travel. VIP 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 http://travel.state.gov, for relevant information relating to travel to specific
destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to
health issues related to travel.
8. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase through VIP Travel Designs. If you purchase air travel through VIP Travel Designs, you acknowledge and agree that VIP Travel Designs does not have the right to control the operations of independent airlines, and agree that VIP Travel Designs 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 including refund or rebooking policies, fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.
You understand and agree that VIP Travel Designs functions solely and exclusively as a booking agent for the air carrier, that we do not handle or hold client funds for airline tickets, and that we are not the Merchant of Record under the meaning of that term under the Department of Transportation’s regulations. Because VIP Travel Designs does not hold or handle client funds, you understand and agree that any refund for cancelled or delayed flights, baggage fees or seat assignments must come directly from the airline and not from VIP Travel Designs.
VIP Travel Designs 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 expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 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). VIP Travel Designs has no liability if accural 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 guaranteed even after they are assigned, and VIP Travel Designs has no control over airline seat assignments. Most airlines charge a fee to pre book a seat.
9. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. 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 reserve early to avoid disappointment, increases in fares and additional late booking
fees.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND
ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be
entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of
passengers falls below the minimum required, a surcharge may be imposed, or the tour may be
canceled. Any cancellations of a tour or package for reason of failing to meet the minimum
traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or
during your trip, we will attempt to assist you. Certain bookings may not be able to be changed.
All requests for changes to a booking must be made in writing to VIP.
The Supplier may determine that alterations in itinerary are necessary for any number of
reasons, including but not limited to severe weather. Any alterations to an itinerary are at the
sole discretion of the Supplier, and VIP bears no responsibility for any changes.
- LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
VIP acts solely as a booking agent for disclosed principal Suppliers and is not the source or
provider of any travel service. Each Supplier is an independent entity with its own management
and is not subject to the control of VIP. The Suppliers whose names appear in travel
documentation are those actually responsible for providing the travel services purchased, and
you consent to the use of those Suppliers.
BECAUSE VIP ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE
RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS,
YOU AGREE THAT VIP IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE,
WHICH MAY ARISE OUT OF THESE SERVICES. VIP HEREBY DISCLAIMS ANY LIABILITY WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY
PRINCIPAL SUPPLIER BOOKING THROUGH VIP, INCLUDING WITHOUT LIMITATION LIABILITY FOR
ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY
BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE
OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS,
SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO
DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND
REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER
MATTERS OUTSIDE OF VIP’S CONTROL, AND YOU HEREBY EXONERATE VIP FROM ANY LIABILITY
WITH RESPECT TO THE SAME.
VIP HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT
AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM VIP WILL BE LIMITED TO THE
AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY VIP. - RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. VIP urges Clients 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/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, VIP DOES NOT REPRESENT OR
WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE
LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT
CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once VIP has investigated the prevailing
situation, VIP shall have the sole and absolute discretion whether to proceed with any VIP
escorted trip or private departure, or to make alterations to the itinerary.
- FORCE MAJEURE
VIP 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 act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication
facilities, including 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 VIP. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL
TRIPS.
In addition, each of VIP’s Suppliers 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 or
arrangement in relation to the trip. Payment of any refund to you as a result of the non-
performance of any obligations hereunder shall remain in the sole and absolute discretion of
the Supplier, pursuant to their policies, although VIP shall use its reasonable efforts to secure
reimbursement for you where possible. - CLIENT CONDUCT
Each participant in any trip escorted by VIP is expected to act responsibly and adhere to all
behavior guidelines established by VIP and our Suppliers. VIP and all local Suppliers reserve the
right to remove you from any facility, hotel or resort property, tour location or means of
transportation if your health or your conduct appears to endanger yourself or others, disrupts
the general well-being of other clients on any element of your trip, or interferes with the
operation or security of the places we visit. In any such case, there will be no refund.
When you book with VIP, you accept responsibility for any damage or loss caused by you. Full
payment for any such damage or loss (reasonably estimated if not precisely known) must be
paid directly at the time to the accommodation owner or manager or other Supplier. You must
indemnify us for the full amount of any claim (also including legal costs) made against us. We
are not responsible for any costs incurred concerning a guest removed from a trip, or any
portion of a trip. You agree not to hold VIP 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.
- CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange
rate fluctuations. VIP is not responsible for surcharges or foreign transaction fees imposed by
Client’s credit card or bank. - TRAVEL INSURANCE
VIP OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT
IN TRAVEL. UNLESS SPECIFICALLY NOTED, 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 CRUISES, 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 trip/tour may not be refunded and VIP’s and travel Suppliers’ cancellation
penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking
and related costs. The purchase of travel insurance is not required in order to purchase any
other product or service offered by VIP, however if you decline to purchase insurance, VIP will
require that you execute an insurance waiver. VIP 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. An additional charge applies for any travel
insurance selected. VIP 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. - 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 provided to Clients, will be posted on our website and
are effective immediately on posting.
- GENERAL
The laws of the State of North Carolina govern these Terms and Conditions. You hereby consent
to the exclusive jurisdiction and venue of courts in Wake County, North Carolina in all disputes
arising out of or relating to travel bookings with VIP.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision and
agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute
the entire agreement between the Client and VIP with respect to travel bookings made with VIP
by any means, and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between Client and VIP with respect to communications
with VIP. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.