TERMS AND CONDITIONS
Version: (III) June 30, 2022
These terms and conditions (“Terms and Conditions”) govern the relationship between Phenomenal Moments Travel, LLC d/b/a Phenomenal Moments Travel (“PMT” and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with PMT, you agree to be bound by these terms and acknowledge that PMT 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, disclaimers, and exclusions of liability and may restrict your rights and remedies and provide protection to PMT.
USE OF PMT 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 PMT. You agree to be financially responsible for all 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 PMT and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by PMT as agents 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.
PMT is an Independent Contractor of Travel Planners International, California Seller of Travel 2063964-50, Florida ST17873, Washington 602232785 Registration as a seller of travel does not constitute approval by the State of California.
PAYMENTS: Reservations can be made online with major credit cards.
PASSPORTS & VISAS: It is your responsibility to verify all visa and passport and traveling ID requirements necessary for your vacation. You are responsible for obtaining independently and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. Phenomenal Moments Travel cannot accept liability for any passenger who refused entry onto any transport or into any country due to the failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements. All passengers MUST consult the U.S. Department of State Travel for passport and visa guidelines. Non-U.S. citizens must consult with appropriate consulates to determine if any visas or other documents are needed.
You must have a passport to travel internationally. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling. Multiple-entry visas are required for some vacations. The process of obtaining a visa and/or passport can take up to three months or more.
TRAVEL INSURANCE: We encourage all passengers to take out adequate travel insurance coverage to protect themselves against cancellation due to illness before or during travel. In the event of a traveler becoming ill during a tour, all hospital and medical expenses are the traveler’s responsibility, and they shall not be entitled to any refund, either total or partial, of passage money paid. A typical travel insurance policy will have coverage for trip cancellations, medical emergencies, travel delays, and lost luggage. Most policies are built to be comprehensive to protect travelers from a variety of events that may cause a financial loss before or during a trip. Phenomenal Moments Travel suggests it’s travelers to include a medical insurance policy that includes (1) Emergency Medical Coverage, (2) Emergency Medical Evacuation, and (3) Repatriation of their remains should they perish when purchasing travel insurance. All travelers will be offered insurance, at an additional cost on the registration form. Phenomenal Moments Travel will not be held responsible for losses to travelers who decline. FYI: CANCEL ANYTIME INSURANCE should be purchased within 7 – 14 days after paying your deposit.
Travel Insurance is available for purchase through Phenomenal Moments Travels’ website or by contacting our office.
TRAVEL DOCUMENTS: Passenger Travel Documents, including e-ticket itineraries, are available approximately 2-3 weeks before departure, provided full invoice payment, emergency contact details, and passport/government issues ID information (when required) have been received. If available, additional service changes and/or shipping fees will be required for documents requested early, printed documents, early air ticketing, alternate delivery options (including delivery to multiple addresses), and any delivery outside the continental United States. Expedited delivery charges are required for reservations made within 45 days of the commencement of services. Charges will be quoted at the time of reservation and/or request. For any packages that don’t offer printed documents passengers/travelers will be informed immediately.
CHILDREN: All children under 18 must be accompanied by an adult. The minimum age for children on most tours is 6 months. The minimum age for South Africa and Dubai is 12. The minimum age for European Tour programs is 12. The minimum age for cruises is 6 months old and a child must sail in a cabin with an adult over age 25 years of age. Discounts for children sharing a room as a third person may apply to children under 12 at some resorts on Caribbean tours. Accompanying adults are responsible for the safety of their children including providing necessary safety equipment (such as infant/child seats) where appropriate. Please note that many countries have adopted practices to prevent international abductions of children. If a person under the age of 18 years will be traveling with an adult other than his/her parents, or with only one parent, a notarized letter written by the parents, or non-traveling parent, granting authorization to travel, including the dates of travel should be carried.
PRICES: All prices listed are per person based upon shared twin room occupancy unless otherwise clearly specified. Prices do not include items of a personal nature such as laundry, wines, water, beverages, food (other than at all-inclusive resorts or where specified0, passport and visa fees, insurance, and foreign port taxes unless specifically indicated in the package inclusions. Prices are correct at the time of publication; however, as airfares continually fluctuate and classes of service may have limited capacity, tour package prices and availability will change accordingly. In case of human or computer error, Phenomenal Moments Travel reserves the right to re-invoice for the correct price or service. A full refund will be made to passengers who choose not to pay an increase, provided Phenomenal Moments Travel receives a written email about cancellation within five days of the price increase notification.
PAYMENTS, CANCELLATIONS & REFUNDS
CANCELLATIONS: Once payment is applied to a booking, cancellation/change penalties will apply. Cancellation policies vary from supplier to supplier. Cancellation requests MUST BE RECEIVED IN WRITING before your departure date, and you must receive a written reply from us confirming cancellation has been made. No refund is made for unused travel services or any portion thereof, nor is the price or value of unused travel services exchangeable for alternative arrangements. Changes to the current booking are subject to the terms and conditions of the tour operator/airline and may result in penalties or change fees.
Due to strict contractual obligations, all payments on customized group trips are non-refundable and non-transferable to another trip.
DEPOSIT: A deposit is due at the time of reservation. All deposits are non-refundable and non-transferable.
All reservations (except where specified) will require a deposit and the amount due and a monthly payment plan.
FULL PAYMENT: All reservations can be paid in full at the time of booking if the tour still has available space.
LATE PAYMENT: If there is any outstanding balance by the Final Payment Due date listed on your invoice, a late fee will automatically be added to your invoice one day after your final payment date. Late fees vary. Please see each tour description for the late fee cost.
REINSTATEMENT OF RESERVATIONS: If your travel reservations have been canceled, and you notify us within 14 days that you want to reinstate your reservations, a service reinstatement fee of $ 50 ($ 200 for international tours) will be added to your invoice and must be paid in advance to apply for reconfirmation of services.
LAST-MINUTE RESERVATIONS: All reservations must be made no later than 30 days before departure. If requested services cannot be confirmed, payment will be refunded. If services are confirmed, final payment is due within 24 hours and all applicable cancellation penalties will apply.
FORM OF PAYMENT: Payments by major credit or debit card are preferred, and by authorizing charges to your card you expressly waive the right to chargebacks to mediate disputes.
Please note that checks are accepted for final payments (within 4 weeks of the final payment date) and initial deposits or airline-only tickets. These must be made by credit or debit card only. If a credit card is declined, the agent will attempt to contact the client to remedy the situation. It is important to note that the package price may increase while the details are trying to be corrected in the matter of a credit card decline.
CLIENTS SHOULD NOTE THAT EVEN THOUGH THEY HAVE PAID FOR A VACATION PACKAGE OR SEGMENTS IN ADVANCE, HOTELIERS, AIRLINES, RENTAL CAR COMPANIES, AND OTHER VENDORS WILL ASK FOR A CREDIT CARD TO BE USED DURING TRAVEL FOR INCIDENTAL CHARGES, BAGGAGE FEES, RENTAL CAR GUARANTEE, ETC. NEVER TRAVEL WITHOUT A CREDIT CARD THAT CAN BE USED FOR THESE PURPOSES! IF YOU ARE USING A DEBIT CARD FOR DURING TRAVEL CHARGES, YOU SHOULD EXPECT THAT POSSIBLE HOLDS CAN BE PLACED ON YOUR ACCOUNT FOR SEVERAL DAYS AND THAT MIGHT AFFECT YOUR SPENDING CASH.
Always check with your bank to see if your card incurs foreign transaction fees if you plan to travel outside the US. Monthly payments are required on all group trips to keep your reservation current.
CANCELLATION: Once reservations have been made, cancellations will only be accepted in writing. Email your cancellation request to firstname.lastname@example.org with your invoice number, full name, and date of travel. If you do not receive an acknowledgment within 48 hours, please call (718) 688-5937 to ensure your information was received.
RESERVATION CHANGES: Changed to an existing reservation, whatever the cause, will incur a $50 per person charge plus any additional supplier fees. This includes name changes* and the removal of any services such as optional tours and transfers. *Please note that name changes to airline reservations are subject to full cancellation and rebooking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties, and is not covered by this Reservation Changes policy. Changes or additions after departure are subject to local rates at the time of amendment and must be paid directly by the passenger to the service provider. There are no refunds for unused services.
COVID-19 WAIVER OF LIABILITY: In the Spring of 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Centers for Disease Control (CDC) issued several preventive measures to combat the virus, such as frequent hand washing, wearing a mask or face covering, and keeping at least 6 feet away from others. If contracted, this virus can cause the traveler severe illness. For information on the COVID-19 virus, please visit the CDC webpage at www.cdc.gov.
I understand and agree to the following:
COVID-19 is a highly contagious virus that can be spread via person-to-person contact:
After reasonable inquiry, Phenomenal Moments Travel provided me with the best available 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 drafter or holder of those policies and I understand that these policies can change at any time.
I understand that the supplier(s) may not apply those policies as diligently as the policies suggest and even if the supplier makes a good faith effort to enforce its good practices, some travelers may simply refuse to cooperate.
I understand that each state/country institutes its pandemic-protective policies and regulations. I further understand that I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all state(s)/countries listed in my travel itinerary, including policy updates. I also understand that I may be denied entry into the country for reasons within or outside of my control:
I understand that by traveling, I can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s);
I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all vendors used in my travel itinerary, including any policy updates.
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, assigns, and personal representatives, assume all risks of travel 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, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties or any third-party vendor or supplier partnering with Phenomenal Moments Travel.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related 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 from or related to my use of Phenomenal Moments Travel services, or the services of travel Phenomenal Moments Travel suppliers or vendors, specifically related to COVID-19.
FORCE MAJEURE: Phenomenal Moments Travel or its Travel Suppliers assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God, or any other force majeure condition, including but not limited to and without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, any strains and future pandemics, epidemics, outbreaks, and any other acts of a similar nature. Sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Phenomenal Moments Travel or its Suppliers that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. If any of these conditions apply, Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers, (collectively, the “Covered Parties”) shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
TRAVELERS WITH DISABILITIES
To fully enjoy your Phenomenal Moments Travel tour, we recommend that you select a trip that is suitable to your physical capabilities. Tour participants requiring any form of assistance, including traveling travelers with physical disabilities, and sight or hearing impairments, are required to notify Phenomenal Moments Travel before reservation for review and our agreement. Additionally, the tour participant must be accompanied by an individual responsible for providing those services. Tour managers, guides, drivers, or another tour, hotel, and ship personnel are not able to provide such assistance. To participate in escorted tours, passengers must be able to understand and follow instructions always given by the Tour Director, both for the successful operation of the tour as well as for their participation or remove any individual from a tour if notification was not provided and/or when, in our sole judgment, continued participation would significantly hinder the services to be provided to all guests. Expenses, including cancellation fees and/or costs for alternate travel plans or return home, will be the sole responsibility of the passenger. Escorted tours are fast-paced, often requiring lengthy walks over uneven terrain. In the interests of group harmony, clients should be able to maintain the pace of the tour. Clients with special needs may be better served independently. Phenomenal Moments Travel can suggest touring options based on specific requirements.
WHEELCHAIRS& WALKERS: USA Tours: Under the Americans with Disabilities Act (the ADA), Phenomenal Moments Travel seeks to accommodate disabled travelers to the extent possible and consistent with the specific tour itinerary. Nevertheless, you may find that certain tour features may not be accessible to the extent that you require a wheelchair, scooter, or other special equipment to participate. We cannot provide individual assistance to travelers with wheelchairs or other mobility devices. We regret that some itineraries cannot accommodate wheelchairs or motorized scooters. Passengers are required to advise Phenomenal Moments Travel of their accessibility requirements before booking for Phenomenal Moments Travel to determine if reasonable accommodations are available. Phenomenal Moments Travel will endeavor to accommodate special access needs but does not guarantee that it will be able to do so in all cases.
INTERNATIONAL TOURS: Hotels, sea, and river cruises outside of the United States are not required to comply with ADA requirements and therefore may not have ramps, wide entryways, or elevators to accommodate disabled passengers or devices such as wheelchairs, walkers, and motorized scooters. Due to physical constraints and space limitations, wheelchairs, walkers and motorized scooters may not be taken aboard motor coaches and river cruises.
SERVICE ANIMALS: Service animals cannot be accommodated on international escorted tours. Passengers on the USA escorted tours require a service dog because of a disability and should check with Phenomenal Moments Travel before booking a tour.
AIRLINES: Phenomenal Moments Travel is not responsible for the services and policies imposed by the airlines. Airline schedules and flights are subject to change without notice. Phenomenal Moments Travel is not responsible for penalties incurred for tickets, international or domestic, not issued by Phenomenal Moments Travel due to schedule and/or flight changes. Airline reservations completed online are subject to review and, should Phenomenal Moments Travel deem it necessary, may be rebooked to match minimum connecting time requirements and/or tour package itineraries, in which case you will be notified immediately. Airlines reserve the right to demand immediate issuance of tickets whenever they determine that specific flights are heavily booked even when normal ticketing rules do not require tickets to be issued until a later date. In this instance, Phenomenal Moments Travel will require immediate and full payment of the airfare. This situation overrides invoice terms and conditions and payment due dates. If full payment is not received, seats will be canceled by the airline and may not be available to be rebooked on the same flights or at the same airfare. Any replacement air arrangements and airfare will be the sole responsibility of the passenger.
AIRLINE TICKETS: Once full payment is received; Phenomenal Moments Travel airline tickets will be issued and are fully non-refundable. Should airline tickets require to be issued earlier than the Final Payment due date, you may be required to pay a larger non-refundable deposit and/or complete full payment.
AIRLINE SEAT ASSIGNMENTS: The airlines bear the sole authority of assigning seats on group flights. All Phenomenal Moments Travel airline contracts are for economy class seats only. If you require another class of service, you may consider purchasing your flights and purchasing your land-only package from Phenomenal Moments Travel.
AIRLINE FREQUENT FLIER PROGRAMS: Passengers are responsible to contact their airline directly regarding mileage eligibility and accrual. Airline frequent flier programs determine whether to award miles in part or total based on their own rules which are updated frequently. Some discounted or promotional airfares as well as some code-share flights are not eligible for mileage accrual. Some private airfares, such as a “Phenomenal Moments Travel Airfare”, are not eligible for mileage or may qualify for reduced mileage, even if the same airline class of service is eligible for full mileage when sold as an “Instant Purchase” published airfare. Not all published airfares are eligible for mileage, Phenomenal Moments Travel will record frequent flier numbers when provided by the passenger before travel documents are issued. However, the addition of frequent flier numbers to airline records does not guarantee mileage eligibility which is at the sole discretion of each airline. Airline schedule changes may result in flights that were originally eligible for mileage accrual no longer being eligible. We highly recommend passengers provide their frequent flier account information whenever checking in online and/or at the airport check-in desk. After travel has commenced, it is often not possible to apply for frequent mileage credit. Passengers are also responsible to determine whether previously earned mileage may be applied to flights to secure upgrades.
CONTACT INFORMATION: Under TSA Secure Flight requirements, passengers are responsible to provide Phenomenal Moments Travel with their name as it appears on their passport (or other government-issued I.D. when traveling), date of birth, gender, address, phone number, email, and fax date for all passengers. Passengers must ensure that names are correctly listed on their invoices. Phenomenal Moments Travel will not be responsible for passengers who do not receive an invoice or documents or are denied boarding due to inaccurate information.
AIRLINE NAME CHANGES: 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, subsequent name corrections will be subject to an airline rebooking fee per change. Phenomenal Moments Travel will not be held responsible for the denial of services by a carrier due to any name discrepancy. Name changes must be advised in writing at email@example.com.
AIRLINE TAXES& FUEL SURCHARGES: If you purchased airfare, airline taxes and fuel surcharges are included. Before completion of full payment, there is a potential for a price increase (s) due to increases in government-leveled taxes and fees and/or fuel surcharges. To avoid potential increases, you may choose to accelerate your final payment so that your tickets may be issued. Once issued, airline tickets are no longer subject to potential increases but are fully non-refundable. Certain overseas domestic flights are subject to air taxes which can only be paid locally; in these cases, the specific flights and amounts of those taxes are indicated in our package presentation and pre-departure documentation.
SCHEDULE CHANGES: In the event of an airline schedule change, Phenomenal Moments Travel will make every effort to inform passengers of the schedule change and new flight before departure. Phenomenal Moments Travel is not responsible for schedule changes including, when applicable, changes in routing and/or the number of stops in the itinerary. Phenomenal Moments Travel is unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by an airline. In the event of any flight change itinerary made directly between passengers and their airline, it is the passengers’ responsibility to advise Phenomenal Moments Travel cannot be held responsible for land services, including arrival and/or departure transfers if flights are changed without its knowledge.
HOTELACCOMMODATIONS: All rooms requested are standard twin-bedded (two single beds) rooms with private facilities unless you have specifically requested a king/double size bed. Please understand although we will make a bed type request on your behalf, bed types are subject to availability. Room selection in all cases is strictly at the discretion of the hotel’s management on a run-of-house basis. Triple and quad occupancy rooms consist of two beds for cruises, whereas triple and quad rooms will consist of a twin bed for each person. Some single rooms are smaller than standard room sizes. The number of persons accommodated does not dictate the room size. Although available at most 4 and 5-star hotels, the use of air-conditioning abroad differs greatly from the United States. Many European hotels were built before central air-conditioning was introduced. Air-conditioning is often shut down at night and from the end until the start of the summer months. All hotel rates are based on Phenomenal Moments Travel’s agreements with its suppliers and are not negotiable. Hotel check-in time is generally not before 3:00 p.m. and check-out is before noon. Please be sure that adequate arrangements for accommodations have been taken into consideration when a late-night flight is being used. If a day room is included in the itinerary, check-out will normally be 6:00 p.m. We reserve the right to make substitutions with hotels of equal standard. There will be no refunds for any difference in the cost of those accommodations.
HOTEL& CRUISE PROFILES: Phenomenal Moments Travel’s hotel and cruise ship profiles are based upon information provided to Phenomenal Moments Travel by hotel and cruise ship partners and their representatives, including images and descriptions of individual properties. Star ratings may differ from country to country. Phenomenal Moments Travel does its best to maintain current information, however, is not responsible for any inaccuracies, changes in description details or amenities, or images provided by third parties.
MEALS: As specified in each itinerary. Meals are based on the hotel’s or restaurant’s buffet or set menu. In general, beverages are not included, unless specifically stated. Although Phenomenal Moments Travel cannot make guarantees, every effort will be made to honor special dietary requests submitted in writing at least 4 weeks before departure at mailto: firstname.lastname@example.org.
TRANSFERS: Transfers are provided as indicated for each tour by car, minibus, or motor coach provided airfare is purchased from Phenomenal Moments Travel. If you purchase a land-only tour, or if you deviate from the arrival and/or departure dates as stated in the itinerary, you will have the responsibility to purchase your transfer to the hotel. Your arrival transfer is guaranteed for up to one hour from your scheduled arrival time to compensate for minor delays. Phenomenal Moments Travel or the transfer company will not be responsible for flight delays, for any reason, beyond one hour from your originally scheduled arrival time. In case of a delay, whether due to flight delay, immigration and customs, or time spent reporting baggage damage or loss, it will be your responsibility to make other transfer arrangements such as a taxi. Transfer costs are not refundable, and any additional expenses will be your responsibility. The cost of a transfer is more expensive than hiring a taxi, as a Phenomenal Moments Travel transfer necessarily includes round trip service, or “dead-leg”, meaning that our driver must come to the airport, hotel, or pier only to pick you up and necessarily loses a one-way fare. Often the places of call (airports, seaports, hotels) demand entrance and parking fees, where drivers may have to wait for up to an hour. Phenomenal Moments Travel
SIGHTSEEING & ITINERARY: Will be operated by a motor vehicle, its size dictated by the number of participants. Phenomenal Moments Travel tours have been designed to accommodate individuals as well as groups. Times listed in itineraries are approximate and meant only as guidelines. Some itineraries may have early morning start times for sightseeing to complete the touring during daylight hours or avoid afternoon heat in tropical and desert climates. It is your responsibility to arrive on time for all scheduled flights, cruises, and package components. Arriving late may be considered a “no-show”, in which case you will not be eligible for a refund for the unused service(s). We cannot guarantee the number of passengers who will be on any given tour. You may find that you are traveling with a sizeable group or only with your companions. Services, however, will remain constant no matter the number of tour participants. Persons requiring any assistance or who have any form of disability should refer to the section “Travelers with Disabilities”. The dates include but are not limited to religious holidays and national celebrations, some monuments and sites may be closed. On these occasions, touring itineraries may be amended to reflect these closures. Occasionally, during holidays and certain periods, and/or due to unforeseen circumstances including weather conditions there may be last-minute changes, sometimes after arrival, affecting the sequence of the tour, locations visited, and/or hotels. Therefore, we reserve the right to adjust the sequence and/or substitute any hotels with others of a similar category. In such cases, there will be no cost adjustment. National monuments and tourist sites regularly undergo renovations, which can obscure the monument’s view. No tour will be canceled due to renovations; however Phenomenal Moments Travel will decide based on the conditions whether to amend an itinerary. Phenomenal Moments Travel itineraries may contain suggestions for activities that should be made independently and with due consideration.
RAIL: Once full payment is received, Phenomenal Moments Travel will select train times, and rail tickets will be issued and are fully non-refundable. Except where requested in writing before final payment. Passengers traveling with a group may not request alternative train times. Once issued, rail tickets are valid for the dates and times specified. Some exchanges must be done locally at the station due to fare restrictions. Changes may be subject to local charges, fees, and fare increases. Once the booked train has departed, changes are no longer possible, nor can amendments be completed on board the train. Phenomenal Moments Travel does not control seat assignments which are entirely at the discretion of the rail companies. Once rail tickets are issued, they are fully non-refundable and non-changeable.
CRUISES: Ship & Itinerary Changes: Cruise itineraries and ships are subject to change without notice. Furthermore, cruise ships may be chartered and/or departure dates canceled, in which case all monies will be refunded. Phenomenal Moments Travel takes no responsibility for ship substitutions or itinerary changes imposed by a cruise line and is not responsible for any losses you may incur including the issuance and/or cancellation of airline tickets or visa fees.
MEDICAL SERVICES: Many ships do not carry a doctor or nurse onboard. Should medical attention be required, local services will be contacted. The resulting charges will be the responsibility of the passenger. Phenomenal Moments Travel and the cruise ship operator are not responsible for the services provided.
HEALTH REQUIREMENTS: Check with your healthcare provider for up-to-date requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their recommendations. Required inoculations, if any, must be recorded by the client’s health practitioner on a valid vaccination certificate which the client must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs. Any person who arrives at the destination ill with apparent fever or becomes ill during the tour will be removed from the group and directed to a local medical facility for diagnosis. Only upon clearance by an accredited medical facility will that individual be allowed to resume group travel. All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary will necessarily be borne by the passenger.
LUGGAGE (AIRLINES): Checked bags are typically limited to a total dimension of 62 inches by adding length + width + height (example: 26” + 26” +10” = 62”), and a maximum weight of 50 lbs. (23kg). Many airlines apply charges for checked bags. Phenomenal Moments Travel is not responsible for checked bag fees, excess luggage, or weight charges levied by an airline. If your luggage is lost or damaged by the airlines, a baggage claim form MUST be filed with the carrier before leaving the airport. We recommend that you use brightly colored luggage tags, straps, or other identifiers to help you locate your luggage upon arrival or to describe it if it is lost.
LUGGAGE (ESCORTED TOURS): All Phenomenal Moments Travel escorted tour buses allow one piece of luggage per person, plus a carry-on bag. Additional baggage will be subject to a handling charge of $ 100 per piece. Phenomenal Moments Travel will not be responsible for loss or damage to luggage and personal belongings, you MUST report any loss or damage immediately at the time of the incident and obtain a written report from the local authority for submission to your insurance provider.
GROUP HARMONY: To ensure the desired group synergy, Phenomenal Moments Travel reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs leading to a negative experience for the remainder of the group. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will necessarily be borne by the passenger. All unused services are non-refundable.
TIPPING: Complete tipping guidelines are as follows:
Drivers including private cars and motor-coach drivers: $5 – $10 per person, per day
Tour Guides: $10 -$20 per person, per day
PASSENGER AGREEMENT: All passengers are required to complete a Passenger Agreement before travel and, by so doing, formally accept Phenomenal Moments Travel’s Terms & Conditions. Passengers booking online will be required to complete the Passenger Agreement at the time of booking. Passengers booking via telephone will be provided a verbal review of the Passenger Agreement, which will be delivered via email shortly after the time of booking. Customers who are unable to receive and complete their Passenger Agreement via email may request the Agreement be provided via email. Travel documents will not be released without a completed Passenger Agreement. Phenomenal Moments Travel reserves the right to cancel bookings and return deposits without a completed Passenger Agreement. The Passenger Agreement incorporates these Terms & Conditions including the following Release from Liability, Assumption of Risk constitutes agreement to these Travel Terms & Conditions and Phenomenal Moments Travel’s Release from Liability, Assumption of Risk, and Binding Arbitration Clause.
RELEASE OF LIABILITY: Specific events are subject to change. By booking the package, you (the customer, traveler, passenger) agree to release and hold harmless Phenomenal Moments Travel, and their respective officers, directors, members, managers, principals, employees, representatives, attorneys, insurers, re insurers, successors, assigns, and agents, (collectively, the Released Parties) from and against any claim or cause of action arising out of or in connection with your travel on and participation in the event, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the event, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) lost or incorrect reservations; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled events and/or celebrity appearances; or (5) Phenomenal Moments Travel exercise of its contractual rights. You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons or employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
ASSUMPTION OF RISK: Be aware that during your participation in vacations operated by Phenomenal Moments Travel certain risks and dangers may arise beyond our control, including, but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. Phenomenal Moments Travel will not have liability regarding the provision of medical care or the adequacy of any care that may be rendered. While Phenomenal Moments Travel will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a vacation and/or optional excursions you agree that you will hold Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers, (collectively, the “Covered Parties”) harmless regarding any provision of medical care or the adequacy of any care rendered. Phenomenal Moments Travel is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers, (collectively, the “Covered Parties”) harmless for such.
SMOKING is not allowed on transportation that is exclusively included with Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers, (collectively, the “Covered Parties”). On cruise ships, smoking is restricted to certain areas of the vessel. Smoking includes cigarettes e-cigarettes, cigars, e-cigars, or any other smoking device. Any carriage or possession of illegal drugs will result in immediate termination of the Phenomenal Moments Travel vacation. You are responsible for knowing and observing the licensing laws for drug possession for all countries and states you are visiting. Repatriation is at your expense.
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”), directly indirectly relating to the Terms & Conditions and/or the vacation undertaken, shall be first submitted to mediation in Staten Island, New York before a mediator mutually agreed to by the parties. If mediation is not successful, then the dispute shall be resolved by binding arbitration under New York law before the All passengers agree that any disputes concerning, relating, or referring to this Agreement, the brochure, or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration on according to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then-existing Commercial Rules of the American Arbitration Association (AAA) or under the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York Law and will take place in Staten Island, New York Arbitration against Phenomenal Moments Travel, including its officers, directors, employees, representatives, affiliates, suppliers, vendors, or providers, (collectively, the “Covered Parties”) must be submitted in writing under the laws of the State of New York and received by Phenomenal Moments Travel no later than 60 days after completion of the Phenomenal Moments Travel trip. Guest claims not submitted and received within this time shall be deemed to be waived and barred. Neither of the parties nor any affiliate of the Phenomenal Moments Travel shall, in any case, be liable for other than compensatory damages, and they hereby waive any right to claim punitive damages. Any action to enforce the arbitrator’s decision shall be brought only and exclusively in the state or federal courts in the State of New York, USA.
No person, other than an authorized representative of Phenomenal Moments Travel by a document in writing, is authorized to vary, add, or waive any term or condition on its website or in its brochure, including any term or condition outlined in the preceding provisions. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
VOLUNTARY PARTICIPATION: I acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip which I may change to) and that I have read the description of the trip as it appears on the current Phenomenal Moments Travel website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read these Terms and Conditions and the booking information sections of this document, and fully understand its contents. I am fully aware that this release of liability and a contract between myself and Phenomenal Moments Travel and agree of my own free will. By signing, I agree to these Travel Terms & Conditions and 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.
PHOTOGRAPHIC RELEASE: Phenomenal Moments Travel reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Phenomenal Moments Travel may use the photograph/video in publications or other media material produced, used, or contracted by Phenomenal Moments Travel, including but not limited to brochures, invitations, books, newspapers, magazines, television, websites, etc.
USE OF WEB SITE:www.phenomenalmomentstravel.com
Agreement between Customer and Phenomenal Moments Travel www.phenomenalmomentstravel.comis offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of www.phenomenalmomentstravel.com constitutes your agreement to all such terms, conditions, and notices.
LIABILITY DISCLAIMER: The information, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information which appears here. The content of this site is not guaranteed to be complete, accurate, or available and may be changed at any time without notice. Phenomenal Moments Travel may 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 arising out of, or in any way connected with, the use of this website, or for any information, products, and services obtained through this web site, or otherwise arising out the use of this web site.
LINKS TO OTHER WEBSITES:www.phenomenalmomentstravel.com may contain hyperlinks to websites operated by parties other than Phenomenal Moments Travel. Such hyperlinks are provided for your reference only. Phenomenal Moments Travel does not control such websites and is not responsible for their content.
INSECTICIDE: Some countries may require aircraft cabin insecticide treatment for inbound foreign flights. For more information about aircraft disinfection requirements and a list of countries requiring disinfection of inbound flights, visit: https://www.transportation.gov/airconsumer/spray