Terms and Conditions
Terms and Conditions
Updated: August 25, 2025
These terms and conditions (“Terms and Conditions”) govern the relationship between Phenomenal Moments Travel, LLC, doing business as Phenomenal Moments Travel (“PMT” and/or “we/our”), and you, the purchaser and/or traveler (“Client,” “passenger,” or “you/your”). By planning travel with PMT, you agree to these terms and acknowledge that PMT acts solely as a booking agent for disclosed principal suppliers such as tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation providers, boat owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”). PMT is not the provider of these travel services. These terms include warranties, disclaimers, and exclusions of liability that may limit your rights and remedies, while providing protections to PMT.
USE OF PMT SERVICES, ACCESS, AND INFORMATION FOR TRAVEL BOOKINGS
You confirm that you are at least 18 years old and have the legal authority to enter into this Agreement and make travel reservations with PMT. You agree to be financially responsible for all your travel bookings for yourself and your traveling party, and you warrant that all information you provide—whether for yourself, your household members, or others you are authorized to transact with us—is true and accurate. You agree only to make legitimate reservations or purchases with PMT and its Suppliers, and you acknowledge that any speculative, false, or fraudulent reservation is strictly prohibited.
PMT makes all bookings as agents for the Travel Suppliers listed on your itinerary. The terms and conditions from the Suppliers will apply to your reservations and purchases of travel-related goods and services. You understand and agree to follow the terms and conditions imposed by any Supplier you have chosen as a service provider in an itinerary you have approved.
PMT is an independent contractor of Travel Planners International, registered as a seller of travel in California 2063964-50, Florida ST17873, and Washington 602232785. Registration as a seller of travel does not imply approval by the State of California.
Please visit www.phenomenalmomentstravel.com, call Phenomenal Moments Travel at (718) 688-5937, or email us at Concierge@PhenomenalMomentsTravel.com.
Guests must make reservations using the full name listed on their passport, which they will use for travel. If you need to make any changes to a name after travel documents have been issued, clients will be responsible for any applicable name change fees.
You can make reservations online using major credit cards.
All payments to Phenomenal Moments Travel are non-refundable and non-transferable. This is because Phenomenal Moments Travel has contractual agreements with hotels, airlines, and other vendors that prevent us from obtaining refunds. This allows us to keep our package prices competitive and enables you to make monthly payments on your vacation.
Before filing a dispute with your bank, call Phenomenal Moments Travel at (718) 688-5937 or contact us via email at Concierge@PhenomenalMomentsTravel.com to discuss resolving your account issue. Filing chargebacks could lead to the cancellation of your reservation and might prevent you from traveling with Phenomenal Moments Travel in the future.
Passengers are responsible for ensuring they have the proper travel documents and MUST CHECK with the respective consulate(s) or visa agency to determine whether any visas or passports are required. Passports must be valid for at least 6 months after the date of travel. Some countries require a full blank “VISA” page in the passport for stamping purposes. Any information provided in the travel description pertains to US citizens only. Non-US citizens should check with the respective consulate of the country or countries to be visited regarding current entry requirements. Phenomenal Moments Travel does not provide or verify travel documentation for non-US citizens. We strongly recommend that all cruise passengers carry a valid passport while on their cruise.
Missing out on a vacation can be very disappointing and losing the money you invested makes it even worse. That's why we strongly recommend you consider getting Travel Insurance that covers Trip Cancellation, Interruption, Baggage Loss, and more. It's your responsibility to choose and buy the right travel insurance for both your domestic and international trips.
If full payment is received by your Final Payment Due date, travel documents and instructions will be sent via email and/or mail 30 days or earlier before travel. Children: All children under 18 must be accompanied by an adult. The minimum age for children on tours is 16.
Adults accompanying children are responsible for their safety. Many countries have implemented measures to prevent international child abductions. If a person under 18 will travel with someone other than their parents or with only one parent, a notarized letter from the parents or non-traveling parent authorizing the trip, including travel dates, should be carried.
All prices listed are per person based on shared twin room occupancy unless otherwise clearly specified. Prices do not include personal items such as laundry, wines, water, beverages, food (except at all-inclusive resorts or where explicitly specified), passport and visa fees, insurance, and foreign port taxes unless specifically included in the package. Prices are accurate at the time of publication; however, because airfares fluctuate constantly and class availability may be limited, tour package prices and availability will change accordingly. In case of human or computer error, Phenomenal Moments Travel reserves the right to re-invoice the correct price or service. A full refund will be provided to passengers who choose not to pay an increase, if Phenomenal Moments Travel receives a written cancellation within five days of the price increase notice.
When you book, you are automatically enrolled in our billing plan, ensuring your future payments are made automatically. We will create an evenly divided payment schedule for you, so you will know in advance each month when your payment will be processed. Your initial deposit is due at booking, and subsequent payments follow the schedule on your invoice. Automatic billing is free of charge. If you prefer, you can opt out by emailing us after booking. Please send an email to Concierge@PhenomenalMomentsTravel.com.
Updated: August 25, 2025
PAYMENTS, CANCELLATIONS & REFUNDS
A deposit must be paid at the time of reservation. All deposits are non-refundable and non-transferable. All reservations, unless otherwise specified, will require a deposit, and the amount due, along with the monthly payment plan, will be clearly indicated.
All reservations must be paid in full at the time of booking, provided there is still space available on the tour.
If you have any outstanding balance by the Final Payment Due date listed on your invoice, a $200 late fee will automatically be added to your invoice one day after your final payment date.
If your travel reservations have been canceled and you notify us within 14 days that you want to reinstate them, a $200 service restoration fee will be added to your invoice and must be paid in advance to process reconfirmation of the services.
All reservations must be made at least 60 days before departure. If requested services cannot be confirmed, payment will be refunded. If services are confirmed, the final payment is due within 24 hours, and all applicable cancellation penalties will apply.
All payments to Phenomenal Moments Travel are non-refundable and non-transferable. This is because Phenomenal Moments Travel has contractual agreements with hotels, airlines, and other vendors that prevent us from issuing refunds. This helps us keep our package prices competitive and allows you to make monthly payments towards your vacation.
After making reservations, cancellations must be submitted in writing. Email your cancellation request to Concierge@PhenomenalMomentsTravel.com, including your invoice number, full name, and travel date. Once we receive your email, you will need to fill out the cancellation request form sent to you via email to complete the process. If you do not receive an acknowledgment within 48 hours, please call (718) 688-5937 to confirm we received your information.
Name changes due to incorrect information will incur a $200 fee per person, plus any additional supplier charges. Please note that name changes on airline reservations are subject to complete cancellation and rebooking. Replacing a passenger with another traveler counts as a cancellation and is subject to cancellation fees; the Reservation Name Changes policy does not cover this. Changes or additions made after departure are subject to local rates at the time of the change and must be paid directly to the service provider by the passenger. No refunds are available for unused services.
Updated: August 25, 2025
COVID-19 WAIVER OF LIABILITY
I understand and agree to the following:
- COVID-19 is a highly contagious virus that can spread through person-to-person contact.
- After a thorough inquiry, Phenomenal Moments Travel provided me with the most accurate information regarding the pandemic-protective policies and practices of the vendors and suppliers in my travel itinerary.
- Supplier(s) of Phenomenal Moments Travel may have policies in place to help prevent the spread of COVID-19. Phenomenal Moments Travel is not the creator or holder of these policies, and I understand that they can change at any time.
- I understand that the supplier(s) might not follow those policies as closely as recommended, and even if the supplier sincerely tries to enforce its good practices, some travelers may simply refuse to cooperate.
- I understand that each state or country enforces its own pandemic-related policies and regulations. I also understand that I am responsible for knowing, understanding, and complying with the COVID-19 policies and procedures of all the states or countries listed in my travel itinerary, including any updates to those policies. Additionally, I acknowledge that I may be denied entry into a country due to reasons beyond my control or within it.
- I understand that traveling may subject me to voluntary or involuntary quarantine either at home or in the destination location(s).
- I am responsible for knowing, understanding, and following the pandemic-related policies and procedures regarding COVID-19 for all vendors used in my travel plans, including any updates to these policies.
- With full awareness and appreciation of the risks involved, I, for myself and on behalf of my traveling companions, including but not limited to my family, spouse, estate, heirs, executors, administrators, and assigns. Personal representatives, assume all travel risks and hereby forever hold harmless, waive, discharge, and release Phenomenal Moments Travel, its officers, agents, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any liability, claims, demands, actions, and causes of action, whether directly or indirectly related to any loss, damage, or injury, including death, that I might suffer related to COVID-19—regardless of whether the negligence of the Released Parties or any third-party vendor or partner with Phenomenal Moments Travel caused such injury.
- I agree to indemnify, defend, and hold harmless the Released Parties from and against any costs, expenses, damages, claims, lawsuits, judgments, losses, and liabilities (including attorney fees) that directly or indirectly arise from or relate to any claims made by or against any of the Released Parties due to bodily injury or harm, death, loss of use, monetary loss, or any other injury connected to my use of Phenomenal Moments Travel services or the services of travel Phenomenal Moments Travel suppliers or vendors, related explicitly to COVID-19.
Updated: August 25, 2025
FORCE MAJEURE
There may be times when either party cannot perform or fully perform under the travel contract due to circumstances beyond their control. These are called force majeure events, and if they occur, they make performing under the contract unadvisable, commercially impractical, illegal, or impossible. Events that may trigger this provision include, but are not limited to, acts of God, acts of government, acts of war or civil unrest, insurrection or revolts, military actions, strikes or other labor disputes, criminal or terrorist activities of any kind, or the threat of such activities, pandemics, epidemics, health issues common in the area of travel, earthquakes, hurricanes, lightning, explosions, unexpected legislation, or any other event outside the reasonable control of either party.
If a force majeure event occurs, the parties will follow the cancellation policies of the suppliers as outlined in the travel proposal and these terms and conditions. Any changes to those policies are at the sole discretion of the supplier (if applicable) and the Travel Agency. Passengers will be informed of their options if a force majeure event arises.
Updated: August 25, 2025
TRAVELERS WITH DISABILITIES
To fully enjoy your Phenomenal Moments Travel tour, we recommend selecting a trip suitable for your physical capabilities. Participants needing assistance, including those with physical disabilities or sight/hearing impairments, must notify Phenomenal Moments Travel before booking for review and approval. Additionally, participants must be accompanied by someone responsible for providing such assistance, as tour managers, guides, drivers, or other personnel cannot offer it. To join escorted tours, passengers must always understand and follow instructions from the Tour Director for safety and smooth operation. Phenomenal Moments Travel reserves the right to refuse participation or remove any individual who hasn’t notified us or if, in our judgment, their continued participation would disrupt the experience for others. Any related expenses, such as cancellation fees or costs for alternative travel plans or returning home, are the passenger’s responsibility. Escorted tours are fast-paced and often involve long walks over uneven terrain. To maintain group harmony, clients should be able to keep up with the pace. Those with special needs may prefer independent travel. Phenomenal Moments Travel can offer suggestions based on specific requirements.
Updated: August 25, 2025
USA Tours: In accordance with the Americans with Disabilities Act (the ADA), Phenomenal Moments Travel aims to accommodate disabled travelers as much as possible and in line with the specific tour itinerary. However, some tour features may not be accessible if you require a wheelchair, scooter, or other specialized equipment to participate. We cannot provide individual assistance to travelers using wheelchairs or other mobility devices. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. Passengers must inform Phenomenal Moments Travel of their accessibility needs before booking so we can assess if reasonable accommodations are available. While we will try to meet special access requirements, we do not guarantee that this will always be feasible.
Hotels, sea, and river cruises outside the United States are not required to meet ADA standards and may lack ramps, wide entryways, or elevators for disabled passengers or devices such as wheelchairs, walkers, and motorized scooters. Due to physical constraints and limited space, wheelchairs, walkers, and motorized scooters might not be allowed on motor coaches and river cruises.
Service animals cannot be accommodated on international escorted tours. Passengers on the USA escorted tours who require a service dog due to a disability should contact Phenomenal Moments Travel before booking a tour.
Phenomenal Moments Travel is not responsible for the services and policies established by airlines. Flight schedules and times can change without notice. Phenomenal Moments Travel is not liable for penalties on tickets, whether international or domestic, that are not issued by Phenomenal Moments Travel, due to schedule or flight changes. Online airline reservations may be reviewed and, if deemed necessary by Phenomenal Moments Travel, may be rebooked to meet minimum connecting times and/or tour package itineraries, with immediate notification provided. Airlines reserve the right to require immediate ticket issuance if certain flights are heavily booked, even when standard rules specify tickets are not due until a later date. In such cases, Phenomenal Moments Travel will require full payment of the airfare immediately. This overrides invoice terms and payment deadlines. If full payment is not received, the airline will cancel the seats, which may not be rebooked on the same flights or at the same fare. Any alternative flight arrangements and fares are the passenger’s responsibility.
Phenomenal Moments Travel will electronically issue airline tickets approximately 7 days before departure. Tickets are entirely non-refundable.
Airlines have the exclusive authority to assign seats on group flights. All Phenomenal Moments Travel airline contracts are for economy-class seats only. If you require a different class of service, consider purchasing your own flights and buying your land-only package from Phenomenal Moments Travel.
Passengers are responsible for contacting their airline directly regarding mileage eligibility and accrual. Airline frequent flyer programs determine whether to award miles partially or entirely based on their own rules, which are updated frequently. Some discounted or promotional airfares, as well as certain code-share flights, are not eligible for mileage accrual. Certain private fares, like a “Phenomenal Moments Travel Airfare,” may not qualify for mileage or might earn reduced mileage, even if the same airline class of service would earn full mileage when purchased as an “Instant Purchase” published airfare. Not all published fares qualify for mileage. Phenomenal Moments Travel will record frequent flier numbers when provided by the passenger before travel documents are issued. However, adding frequent flier numbers to airline records does not guarantee mileage credit, as eligibility is at each airline's sole discretion. Schedule changes may also cause flights that were initially eligible for mileage to lose their eligibility. We strongly recommend that passengers provide their frequent flier account information when checking in online and/or at the airport. After travel begins, it is often not possible to apply for mileage credit. Passengers are responsible for verifying whether previously earned mileage can be used for flights or upgrades.
In accordance with TSA Secure Flight requirements, passengers must provide Phenomenal Moments Travel with their name exactly as it appears on their passport or other government-issued ID, along with their date of birth, gender, address, phone number, email, and fax number for all travelers.
Passengers are responsible for ensuring their names are correctly listed on their invoices. Phenomenal Moments Travel will not be liable for passengers who do not receive an invoice or documents or are denied boarding due to incorrect information.
Any name change, including minor spelling corrections, may require airline reservations to be canceled and rebooked. Reservations are subject to current availability and pricing at the time of rebooking. Once airline tickets are issued, any subsequent name corrections will be subject to an airline rebooking fee, which could be as much as the full value of the airline ticket plus a $200 revision fee per change. Phenomenal Moments Travel will not be responsible for the denial of services by a carrier due to any name discrepancy. Name changes must be communicated in writing to Concierge@PhenomenalMomentsTravel.com.
If you purchase airfare, airline taxes and fuel surcharges are included. Before completing full payment, there is a chance of a price increase due to rising government-levied taxes, fees, or fuel surcharges. To avoid potential increases, you can make your final payment sooner so your tickets can be issued. Once issued, airline tickets are no longer subject to potential increases but are fully non-refundable. Certain overseas domestic flights may have air taxes that can only be paid locally; in these cases, the specific flights and amounts of those taxes are shown in our package presentation and pre-departure documentation.
If an airline updates its schedule, Phenomenal Moments Travel will notify passengers of the new flight times and schedule before departure. Phenomenal Moments Travel is not responsible for schedule changes, including routing modifications or the number of stops in the itinerary. The company cannot provide compensation for schedule changes, seat assignment adjustments, or cancellations made by the airline. If passengers make changes directly with the airline, it is their responsibility to inform Phenomenal Moments Travel of the updated flight details in writing at Concierge@PhenomenalMomentsTravel.com. Phenomenal Moments Travel is not responsible for land services, such as arrival or departure transfers, if flights are changed without its knowledge.
All requested rooms are standard twin-bedded rooms with private facilities unless you specifically request a king or double bed. Please understand that while we will place a bed type request on your behalf, bed types are subject to availability. Room selection is always at the hotel’s management discretion and depends on availability. Some single rooms may be smaller than standard rooms. The number of occupants does not determine the room size. Although available at most 4- and 5-star hotels, the use of air conditioning abroad varies significantly from that in the United States. Many European hotels were built before central air conditioning was introduced. Air conditioning is often turned off at night and from the end of the season until the start of the summer months. Not all hotel rates are negotiable and are based on Phenomenal Moments Travel’s agreements with its suppliers. Hotel check-in time is generally no earlier than 3:00 p.m., and check-out is before noon. Please ensure that adequate arrangements are made for accommodations when using a late-night flight. We reserve the right to substitute hotels of equal standard. No refunds will be issued for any difference in the cost of those accommodations.
Phenomenal Moments Travel’s profiles of hotels and cruise ships are based on information provided by their partners and representatives, including images and descriptions of individual properties. Star ratings may vary by country. Phenomenal Moments Travel strives to keep information accurate; however, it is not responsible for any inaccuracies, changes in descriptions or amenities, or images supplied by third parties.
As detailed in each itinerary. Meals are provided through the hotel’s or restaurant’s buffet or set menu. Typically, beverages are not included unless explicitly stated. While Phenomenal Moments Travel cannot guarantee specific results, every effort will be made to accommodate special dietary requests submitted in writing at least 4 weeks before departure to Concierge@PhenomenalMomentsTravel.com.
Transfers are provided as specified for each tour by car, minibus, or motor coach only if airfare is purchased from Phenomenal Moments Travel. Book a land-only tour or deviate from the specified arrival and/or departure dates in the itinerary. You will be responsible for arranging your own transfer to the hotel. Your arrival transfer is guaranteed within two hours of your scheduled arrival time to accommodate minor delays. Phenomenal Moments Travel or the transfer company is not responsible for flight delays beyond two hours from your original planned arrival time. In case of delays—due to flight issues, immigration, customs, or reporting baggage damage or loss—you will need to find alternative transfer options, such as a taxi. Transfer costs are non-refundable, and any additional expenses are your responsibility. A transfer usually costs more than hiring a cab because it includes round-trip service, called a ‘dead-leg,’ where the driver travels to the airport, hotel, or pier only to pick you up and then returns empty. Locations like airports, seaports, and hotels may have entrance and parking fees, and drivers might wait for up to an hour. Drivers of Phenomenal Moments Travel transfers, though not employees of Phenomenal Moments Travel, are reliable. They provide a full greeting service, transfer you to the correct location, and are available to answer your questions during your ride.
Will be operated by a motor vehicle, with size determined by the number of participants. Phenomenal Moments Travel Tours has been designed to accommodate both individuals and groups. Times listed in itineraries are approximate and serve only as guidelines. Some itineraries may start early in the morning for sightseeing to finish touring during daylight hours or to avoid afternoon heat in tropical and desert climates. You are responsible for arriving on time for all scheduled flights, cruises, and package components. Late arrivals may be considered a “no-show,” which means you will not be eligible for a refund for unused services. We cannot guarantee the number of passengers for any given tour. You might find yourself traveling with a large group or just with your own companions. Services will remain consistent regardless of the number of participants. Persons needing assistance or with any disability should refer to the section “Travelers With Disabilities.” On dates including, but not limited to, religious holidays and national celebrations, some monuments and sites may be closed. In such cases, touring itineraries may be adjusted accordingly. Occasionally, during holidays, specific periods, or due to unforeseen circumstances like weather, there may be last-minute changes, sometimes after arrival, affecting the sequence of the tour, locations visited, and/or hotels. We reserve the right to adjust the sequence and/or substitute hotels with similar category options. No price adjustments will be made in these cases. National monuments and tourist sites frequently undergo renovations that can obscure views. No tours will be canceled because of ongoing renovations; however, Phenomenal Moments Travel will decide, based on conditions, whether to modify the itinerary. Phenomenal Moments Travel itineraries may include suggestions for leisure activities; these suggestions are not endorsements of any specific service provider, and participation should be decided independently and thoughtfully.
To maintain the desired group synergy, Phenomenal Moments Travel reserves the right to accept, reject, or expel any individual deemed disruptive or incompatible with the group's interests, including, but not limited to, those who are intoxicated or under the influence of drugs, as it could create a negative experience for others. Expenses such as cancellation fees and costs for alternative travel arrangements or returning home will be the passenger's responsibility. All unused services are non-refundable.
Ship & Itinerary Changes: Cruise itineraries and ships may change without notice. Additionally, cruise ships might be chartered or departure dates canceled, in which case all payments will be refunded. Phenomenal Moments Travel is not responsible for ship substitutions or itinerary changes made by the cruise line and is not liable for any losses you may face, including issues with airline tickets or visa fees.
Many ships do not have a doctor or nurse onboard. If medical attention is needed, local services will be contacted. The passenger will be responsible for any charges. Phenomenal Moments Travel and the cruise ship operator are not responsible for the services provided.
Consult your healthcare provider for the latest requirements. You can also review the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their guidance. The client’s health practitioner must document any necessary vaccinations on a valid vaccination certificate, which the client must carry as proof of inoculation where required. Individuals with heart disease, chronic illness, physical disabilities, advanced pregnancy, or mental health issues should not participate in these strenuous travel programs. Any person arriving at the destination with an apparent fever or who becomes ill during the tour will be removed from the group and referred to a local medical facility for diagnosis. Only after clearance from an accredited medical facility will that individual be allowed to rejoin the group. All costs related to medical treatment and additional expenses, such as extra hotel nights or transportation not included in the original itinerary, will be the passenger's responsibility.
Checked bags usually have a size limit of 62 inches total, calculated by adding length, width, and height (for example: 26" + 26" + 10" = 62"), and a maximum weight of 50 lbs. (23 kg). Many airlines charge fees for checked bags. Phenomenal Moments Travel is not responsible for checked bag fees, excess luggage, or weight charges imposed by airlines. If your luggage is lost or damaged, you MUST file a baggage claim form with the airline before leaving the airport. We suggest using brightly colored luggage tags, straps, or other identifiers to help you find your luggage upon arrival or to describe it if it’s lost.
All Phenomenal Moments Travel escorted tour buses allow one piece of luggage per person, along with a carry-on bag. Additional baggage will incur a handling fee of $100 per piece. Since Phenomenal Moments Travel is not responsible for loss or damage to luggage and personal belongings, you MUST report any loss or damage immediately at the time it occurs and obtain a written report from the local authorities for submission to your insurance provider.
Complete tipping guidelines are as follows:
Drivers, including private cars and motorcoach drivers: $5-$10 per person per day
Tour Guides: $10-$20 per person per day
Updated: August 25, 2025
PASSENGER AGREEMENT
All passengers must complete a Passenger Agreement before traveling and, by doing so, explicitly accept Phenomenal Moments Travel Terms & Conditions. Passengers booking online will need to complete the Passenger Agreement at the time of booking. Travel documents will not be issued without a completed Passenger Agreement. Phenomenal Moments Travel reserves the right to cancel bookings and refund deposits if the Passenger Agreement is not completed. The Passenger Agreement includes these Terms & Conditions, as well as the following Release from Liability, Assumption of Risk, and Binding Arbitration Clauses. Completing the Passenger Agreement signifies agreement to these Travel Terms & Conditions and Phenomenal Moments Travel’s Release from Liability, Assumption of Risk, and Binding Arbitration Clause.
Updated: August 25, 2025
RELEASE FROM LIABILITY
Phenomenal Moments Travel LLC, including its shareholders, directors, officers, employees, and affiliates, does not own or operate any entity that provides goods or services for your trip. This includes, but is not limited to, ownership or control of hotels, lodging facilities, airlines, vessels, buses, vans, transportation companies, local ground operators, providers or organizers of optional excursions or equipment, food service providers, and entertainment providers. All such persons and entities are independent contractors. Therefore, Phenomenal Moments Travel is not liable for any negligent or willful act or failure to act by any such person, entity, or third party. Without limitation, Phenomenal Moments Travel is not responsible for any injury, loss, or damage to person or property, death, delay, or inconvenience related to the provision of goods or services, resulting from, but not limited to, acts of God, government actions, force majeure, war or civil unrest, insurrection or rebellion, strikes or labor disputes, criminal or terrorist activities or threats, overbooking or downgrading of accommodations, structural or other issues in lodging, mechanical failures of transportation, delays in departure or arrival, dangers associated with animals, pests, insects, marine life, vegetation, recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, biking, sanitation problems, food poisoning, lack of access to or quality of medical care, evacuation difficulties, illness, epidemics, or other causes beyond Phenomenal Moments Travel’s control. Additionally, I release Phenomenal Moments Travel from its own negligence and accept all associated risks.
Updated: August 25, 2025
ASSUMPTION OF RISK
I understand that the travel I am undertaking involves hazardous activities, which carry risks of illness, injury, or death caused by natural forces, animals, insects, plants, negligence of Phenomenal Moments Travel or others, or the intentional or criminal actions of third parties. I recognize that weather conditions may be harsh, severe, or uncomfortable. I also understand that medical services or facilities might not always be available or easily accessible during parts of the trip. To enjoy and participate in this adventure, I accept the risks and uncertainties involved as part of the experience. I take full responsibility for any risks of illness, injury, or death, including those caused by negligence of Phenomenal Moments Travel, and agree to hold harmless and release Phenomenal Moments Travel from any claims arising from third-party negligence.
I understand the physical demands of the activity I will be participating in. I currently have no known physical, medical, or mental conditions that would impair my ability to participate in this tour or affect my safety during the activity. I am willing to assume all risks that may arise, directly or indirectly, from any such conditions. I also authorize Phenomenal Moments Travel, my local ground handler, or others to arrange emergency medical treatment and hospitalization, if necessary, due to my participation, without needing to obtain my further consent.
Updated: August 25, 2025
BINDING ARBITRATION
Any dispute between the passenger and Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers (collectively, the “Covered Parties”), arising directly or indirectly from these Terms & Conditions and/or the vacation undertaken, shall first be submitted to mediation in Staten Island, New York, before a mediator mutually agreed upon by the parties. If mediation is unsuccessful, the dispute shall be settled through binding arbitration under New York law.
All passengers agree that any disputes related to, concerning, or referencing this Agreement, the brochure, any other trip literature, or the trip itself shall be resolved solely through binding arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and in accordance with either (i) the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), or (ii) the Comprehensive Arbitration Rules & Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The proceedings will be governed by the substantive (but not procedural) laws of the State of New York and will occur in Staten Island, New York.
Arbitration claims against Phenomenal Moments Travel and/or the Covered Parties must be submitted in writing under the laws of the State of New York and received within 60 days after the completion of the Phenomenal Moments Travel trip. Claims not submitted and received within this period shall be considered waived and barred.
Neither Phenomenal Moments Travel nor any Covered Party shall be liable for anything other than compensatory damages, and both parties hereby explicitly waive any right to claim punitive damages. Any legal action to enforce an arbitrator’s decision shall be filed exclusively in the state or federal courts located in New York State, USA.
No person, other than an authorized representative of Phenomenal Moments Travel in a written document, is authorized to vary, add, or waive any term or condition, including those outlined above.
By agreeing to these Terms & Conditions, you (and we) waive the right to a trial by jury.
Updated: August 25, 2025
VOLUNTARY PARTICIPATION
I acknowledge that I have voluntarily applied to participate in the trip listed on this application (or a trip I may later choose to switch to) and that I have read the trip description as it appears on the current Phenomenal Moments Travel website, along with all the information in this application. I understand the risks involved and am voluntarily taking part in this trip.
Updated: August 25, 2025
KNOWING AND VOLUNTARY EXECUTION
I have carefully reviewed these Terms and Conditions along with the booking information sections of this document and fully understand their contents. I recognize that this serves as a release of liability and a contract between me and Phenomenal Moments Travel, and I agree to it voluntarily. By signing, I consent to these Travel Terms & Conditions and the Phenomenal Moments Travel Release from Liability, Assumption of Risk, and Binding Arbitration Clause for myself, each member of my traveling party, and any minor children accompanying me.
Updated: August 25, 2025
PHOTOGRAPHIC RELEASE
Phenomenal Moments Travel may take photographs or videos of its trips, and trip participants grant Phenomenal Moments Travel permission to do so and to use them for promotional or commercial purposes without any payment or compensation to the participant.
Updated: August 25, 2025
USE OF WEBSITE: www.PhenomenalMomentsTravel.com
Agreement between Customer and Phenomenal Moments Travel: www.PhenomenalMomentsTravel.com is provided to you, the customer, on the condition that you accept all the terms, conditions, and notices without modification. Your use of www.PhenomenalMomentsTravel.com signifies your acceptance of these terms, conditions, and notices.
Updated: August 25, 2025
Liability Disclaimer
The information, products, and services on this website may contain inaccuracies or typographical errors. The data is updated periodically. The content may not be complete, accurate, or available at all times and can be changed without notice. Phenomenal Moments Travel reserves the right to make improvements or changes to this website at any time. In no event shall Phenomenal Moments Travel be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use of this website or any information, products, or services obtained through it, or otherwise related to the use of this website.
Links to Other Websites: www.PhenomenalMomentsTravel.com may include hyperlinks to sites operated by parties other than Phenomenal Moments Travel. These links are provided for your reference only. Phenomenal Moments Travel does not control such websites and is not responsible for their content.
Updated: August 25, 2025
If you have any questions or need more clarification about these Terms and Conditions, please feel free to contact us.
Terms and Conditions
Questions About Your Next Phenomenal Moment?