Terms & Conditions
The following terms and conditions govern all bookings through this website and include very important information to the passenger or travel agent, hereinafter referred to ad the ("Participant") from TravelByJen.com, Inc. d.b.a. Travel By Jen, hereinafter referred to as the ("Provider"). Payment by the participant for a package shall represent acknowledgment and consent of all provisions in the sections as published in our terms and on our website. The participant agrees to package terms as well as credit card terms based on services received. A travel agent acts as a representative for a participant at times and by agreeing to this form the travel agent acknowledges that all terms and conditions have been disclosed to their participant and that participant has agreed to these terms. As well, it is the travel agents responsibility to collect a signed universal credit card charge form from their participant. Operator reserves the right to request that form at any time after the booking is made.
THIRD PARTY PROVIDERS
Some products and services available on this website are provided by third parties, including, but not limited to, hotels, resorts, transportation companies, fishing charters, scuba or snorkel charters, airlines, bus companies, and tour providers, hereinafter, third parties. Third parties are independent contractors and not employees of provider. Customer agrees to not hold provider responsible for any claim arising from and act, failure to act, omission, error, negligence, warranties, breaches of any kind, death, injury to person or property, or any other damages incurred as a result of a third party. The package inclusions/rates are based on inclusions/prices at print time and are subject to change without notice. The Operator reserves the right to substitute any hotel for any reason. The Operator assumes no liability for hotel overbookings resulting in inconvenience and/or substitute accommodations being provided, whether of a similar or lesser quality and location.
AGE AND DOCUMENTATION
By using site, customer represents that he or she is of legal age to contract and travel. It is the sole responsibility of the customer to ensure proper documentation required for travel, including, but not limited to passport and any applicable visas. Any travel secured for minor children must be secured by parent or legal guardian. In some circumstances, customer may be required to provide additional documents to travel internationally with minor children. It is the customer's responsibility to secure and provide those documents, if applicable.
DEPOSIT AND PAYMENT
Customer shall make a deposit of a minimum of $150.00, per person, for any travel scheduled. Additionally, the customer shall be required to pay any airfare incurred at the time of booking. Full payment is due for any travel 45 days prior to commencement of travel, except for travel dates between December 20 through January 3. Payment for travel during this holiday period shall be due in full 60 days before commencement of travel.
Cancellations outside of the full payment due dates set above will result in a fee of $100 per person to provider. Additionally, any fees charged by third parties, including but not limited to airlines, hotels, transport companies and tour operators, will be the sole responsibility of the customer. Any travel cancelled within 45-30 days of anticipated travel date will result in a 50% penalty to provider and any additional fees charged by 3rd parties will be the sole responsibility of the customer. For any travel cancelled within 30 days of commencement of travel, there will be no refunds. For any travel during holiday season described above, there will be no refunds if not cancelled before 60 days before commencement of travel. All Airfares are FINAL SALE and are not refundable under any circumstances after they have been booked. Refunds from the airlines will be the responsibility of the traveler to contact the airlines directly for any refunds after booking that they think they are entitled to.
Changes are allowed, subject to supplier confirmation. Fees for changes start at $50.00 per person, including name substitutions. Changes to airline reservations once ticketed are subject to any fees or regulations of the airline, in addition to provider. All changes may have additional charges applied by third parties; these charges will be the sole responsibility of the customer.
Provider does not collect taxes. Any fees collected that represent taxes are forwarded to third parties. Some destinations may require a departure tax. That tax shall be paid by customer at the destination and not through provider.
Provider is not liable for failure to perform duties if such failure is a result of Acts of God, earthquake, hurricane, tsunami, fire, flood, unions, strike, labor dispute, civil unrest, war (whether or not officially declared), terrorist activities, government sanction or embargo, revolutionary activities, acts of Governments or delays or shortages in materials or supplies and for any reason making performance impossible or impractical.
Customer agrees to defend and indemnify provider from any claims, actions, losses or damages brought by any third parties.
LIMITATION OF LIABILITY
Customer agrees that provider is not liable for any damages incurred as a result of using this site or for travel arranged through provider. Provider is merely a travel agent and customer agrees that any and all claims arising through use of site and travel are between customer and third parties. Additionally, customer agrees that any recovery from provider will be limited to the purchase price of travel. This limitation includes both compensatory and punitive damages.
Provider makes no warranties, express or implied, including no warranty of merchantability or fitness for purpose. All services are provided as-is. Most of information in this site is provided by third parties and provider is not liable for any inaccuracy on this site.
ERRORS AND OMISSIONS
It is the responsibility of the customer to examine all itineraries, tickets and vouchers at the time of receipt. If there is an error or omission, it is the sole responsibility of the customer to immediately notify provider of the problem. Failure to do so, will result in provider charging a fee or refusing to modify documents. If errors and omissions occur, Operator reserves the right to cancel the reservation and refund monies collected.
Insurance is available for a fee to protect customer in case of inclement weather or other circumstances hindering ability to travel. This is an optional product. Information and fees for trip insurance are available on this site and these terms and conditions apply to the purchase of trip insurance.
CHOICE OF LAW AND VENUE
Customer agrees that any dispute arising from their booking through provider or any claims against provider that are brought as a legal action, Venue and Jurisdiction shall be in the County of Nassau, State of New York and that these terms and conditions shall be admissible in any legal proceedings.
This site is the property of provider. Any copying, reproduction or access for reasons other than to purchase or consider purchasing travel is strictly prohibited. The images and information on this site are the property of provider or its third party contractors. Any use of the information or images, other than purposes set above, requires the express written permission of provider.
If for some reason a Court finds a portion of this agreement to be invalid, the rest of the agreement shall be in effect. Customer acknowledges this agreement is the entire agreement between the parties.
SELLER OF TRAVEL NUMBERS
State of California seller of travel number: 2103192-50.
State of Florida seller of travel number: st37988.