SWAN & SPARROW TRAVEL, LLC TERMS AND CONDITIONS

These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and “our" refer to SWAN & SPARROW TRAVEL, LLC. The term "you" refers to the customer visiting our website, booking a reservation through one of our independent contractors or otherwise using our services.

1. OUR AGREEMENT WITH YOU

Products and Suppliers

We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions.

SWAN & SPARROW TRAVEL, LLC is acting as a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services. We act as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary (“Suppliers”). We are not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.

You acknowledge and understand that cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms.

All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by SWAN & SPARROW TRAVEL, LLC to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize SWAN & SPARROW TRAVEL, LLC to charge your credit card for such additional amounts.

Deposits and Payment

Any deposits from you may be non-refundable, as where noted by the Supplier. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers. Personal checks and/or cash is not accepted as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. Subsequently, you are not guaranteed a lower price if at any time prior to your travel the price decreases. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.

Documentation

Our general practice is to send documents to our customers electronically whenever possible.

Cancellations and Changes

Your contract with your Suppliers may allow them to cancel or amend bookings. If we are your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements (if one is made available by the Supplier,) or canceling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply.

If you have booked a flight as part of a tour operator package and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.

After you have left the US, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.

2. YOUR AGREEMENT WITH US

Your Acceptance of these Terms and Conditions

By booking your arrangement with us via our agents, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.

If You Change Your Booking

Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees, if any, will apply in addition to any additional Supplier charges. Please contact your original booking agent to inquire about changes. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.

Changes to name details are not allowed by many airlines and other Suppliers. While we will make every possible attempt to make such a change if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.

Flights must be taken in the sequence they appear on your ticket or E-ticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.

If You Cancel Your Booking

If you cancel your arrangements, you may be entitled to a partial or full refund, based upon your Supplier(s) terms and conditions. In addition to the cancellation terms and conditions of your Supplier(s), our standard $50/per person cancellation fee may apply. If you decide to cancel arrangements before the balance due date, any deposits paid may be non-refundable, based on your Supplier(s) terms and conditions.

Refunds will only be paid to you by the vendor returning funds to your original form of payment. This applies to gift cards, as well as credit cards. Generally, flight tickets cannot be refunded if they are partially used. We are not responsible for a Supplier’s failure to pay a refund, nor for your misplacement or loss of original form of payment, or closed bank or credit cards.

If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.

If you are cancelling a Walt Disney World, Disneyland, or Universal vacation package, your ENTIRE vacation package will be cancelled, including but not limited to, dining reservations, park reservations, airport transfer reservations, etc.

Important Notice Regarding Airline Reservations

If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the status box shows "OK" for the flight in question, the airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary ask to speak to a supervisor.

If You Have A Problem/Complaint

If you have a problem during your vacation, you agree to inform the relevant Supplier (e.g. your hotel, destination Customer Service Agents) first and immediately. Should they be unable to resolve the matter, please immediately contact us using the contact information you were provided upon booking. If you fail to contact us in a timely manner, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.

Travel Documents and Destinations

It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies within 24 hours of booking. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc. Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.

You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.

Passport, Visa and Immigration Requirements

It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.

Travel Advice and Vaccinations

SWAN & SPARROW TRAVEL, LLC has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S State Department at (202) 647-5225 or www.travel.state.gov. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release us from any and all claims arising out of any problem covered in this paragraph.

Indemnification

SWAN & SPARROW TRAVEL, LLC assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. You hereby release us from all claims arising out of any problem covered in this paragraph, and to submit all other claims against us within 30 days after the return of your trip. You agree that the courts in Williamson County, Tennessee will be the exclusive jurisdiction for all claims brought by you or SWAN & SPARROWTRAVEL, LLC, and you hereby submit to the personal jurisdiction of those courts.

Use of our Services and Website

You eagree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

Privacy Policy

You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us with the supplier(s). Your personal information will not be used for any other purpose. You represent that you have read and agree to the terms of our privacy policy, which can be found at our website.

3. ADDITIONAL TERMS

Warranties, Disclaimers and Limitation of Liability

The carriers, hotels and other suppliers providing travel or other services on the website are independent and not agents or employees of SWAN & SPARROW TRAVEL, LLC. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our control, and we have no responsibility for any additional expense, omissions, delays, rerouting or acts of any government or authority.

In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of our website or our services or with the delay or inability to access, display or use our website whether based on a theory or negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.

The Limitation of Liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

General

We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.

We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.

Original Version 8/26/2022