TRANSCENDING TOURS, LLC.
TERMS AND CONDITIONS
THESE TERMS & CONDITIONS APPLY TO ALL TRAVEL BOOKED THROUGH TRANSCENDING TOURS, LLC
Products and Suppliers
Transcending Tours, LLC. sells a variety of travel related products from different suppliers and service providers. Each supplier or service provider has its own terms and condition that are applicable to your particular arrangement in addition to our general terms and conditions, and you should make sure you understand them.
Transcending Tours, LLC is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by Transcending Tours, LLC (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, guides, etc.). Transcending Tours, LLC is 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.
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 to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. With your acceptance of these terms and conditions you are expressly consenting you to any post-purchase price increases.
Reservations, Deposits and Payment
An initial deposit per traveler as stated in our brochure is required to confirm your reservation. The entire balance is due either on the date stated in the brochure or not later than 60 days prior to the date of departure. For reservations made less than 60 days prior to the date of departure, payment in full is due at the time the reservation is made. Airline tickets will not be issued until full and final payment is received. Any additional cost for air travel will be the responsibility of the traveler.
All deposits are non-refundable. 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.
Additional Charges Not Included
Certain expenses you will incur in your travel are not included in the fee charged by Transcending Tours, LLC. Those expenses include, cost of obtaining a passport, visa charges, porterage at home airport, porterage at airports where baggage handlers are unavailable, tips for motor coach drivers and guides, optional tours, and personal items including beverages with included meals and mini-bar charges incurred at hotels.
Cancellations and Changes
Transcending Tours, LLC reserves the right to cancel any tour prior to departure for any reason, including insufficient number of tour participants. In such case a full refund will be made. The amount refunded will not include air or land travel services booked separately from the Transcending Tours, LLC tour package.
Your contract with your Suppliers may allow them to cancel or amend bookings. Transcending Tours, LLC will make every effort to 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 accepts 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. Transcending Tours, LLC does not guaranty that any refunds will apply.
If Transcending Tours, LLC is alerted to a significant schedule change by your airline before you leave the United States, every effort will be made to contact you by email to advise you of the change. 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.
Your Acceptance of these Terms and Conditions
By booking your arrangement with Transcending Tours, LLC you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking and/or travel arrangements. 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, and (c) you being denied access to the applicable travel related product or service
You represent and warrant that (a) you are of sufficient age to use our services 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.
Additional Charges for Customized Travel Package
Transcending Tours, LLC reserves the right to charge an additional $100.00 per person administrative fee to any person or group wishing to customize their travel itinerary in a manner that deviates from the published package or published optional extension as stated in the Transcending Tours, LLC brochure. This charge is in addition to any additional charges made by any airline, motor coach, hotel and/or tour guide as a result of deviation from the stated travel itinerary.
Changes to name details are not allowed by many airlines and other Suppliers. While we will endeavor 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. 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.
Cancellations and Refunds
In order to be eligible for a refund or partial refund, all cancellations MUST be made in writing. Once you have made a deposit and confirmed your travel package, cancelled reservations are subject to a $100.00 cancellation fee per person. The cancellation fee is in addition to any expenses incurred by Transcending Tours, LLC, including hotel charges and/or any applied airline cancellation penalties. NO REFUND will be made for cancellations less than 35 days prior to the date of departure.
Transcending Tours, LLC is not responsible for a Supplier’s failure to pay a refund.
If the reason for your cancellation is covered under the terms of a travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
Withdrawal from Tour After the Tour Commences
Once the tour has commenced, no refund will be made for ANY unused portion of the tour. In the event a member of the tour group behaves in such a manner as to be disruptive or imposing upon the other members to the tour, that person shall be expelled from the tour group and will be solely responsible for his or her travel back home.
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 While Traveling
If you have a problem during your travel, please inform the relevant Supplier (e.g. your hotel, airline) immediately. Should they be unable to resolve the matter, please immediately contact Transcending Tours, LLC and every effort will be made to address your concerns.
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 immediately. 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 fulfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. Transcending Tours, LLC. does not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
Insurance
Travel insurance is a vital part of your arrangements. We strongly recommend that purchase adequate insurance for the duration of your journey. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
Indemnification
You agree to indemnify Transcending Tours, LLC 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 or (b) your violation of any law or rights of any third party.
Warranties, Disclaimers and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL REFER TO TRANSCENDING TOURS, LLC AND TO INCLUDE ANY AND ALL OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS OF TRANSCENDING TOURS, LLC.
ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERALGUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. 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 ASSUME 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 ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING 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 SERVICES.
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), 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
Transcending Tours, LLC is acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and Transcending Tours, LLC or our Suppliers as a result of this Agreement. Suppliers means any and all air carriers, airlines, hotels, motels, lodging, tour buses, ground transportation and tour guides.
Transcending Tours, LLC reserves the right at any time to modify this Agreement without prior notice to you. You may not assign your rights or obligations under this Agreement to any third party. Transcending Tours, LLC may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which entitled at law or in equity.
Dispute Resolution
This Agreement shall be governed by the laws of the State of Texas without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
Any dispute between you and Transcending Tours, LLC, including any officer, employee, agent, owner or assign of Transcending Tours, LLC directly or indirectly relating to the Terms & Conditions and/or to the travel shall be first submitted by either party to mediation at McAllen, Texas, before a mediator mutually agreed to by the parties. If the mediation is not successful, then the dispute shall be resolved by a binding arbitration under the laws of the State of Texas.
Arbitration shall be invoked in writing under the laws of the State of Texas within a period of 12 months following the date of completion of the travel and not later, unless barred by law. Neither of the parties shall in any case be liable for other than compensatory damages, and they hereby waive any right to claim extra-contractual damages and/or punitive damages. The Governing and substantive law for the Arbitration proceedings shall be the laws of the State of Texas. The prevailing party shall be entitled to an award of costs and reasonable attorneys' fees.
Any action to enforce the arbitrator's decision shall be brought only and exclusively in the state or federal courts in the State of Texas.