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Traveler
Services Agreement
Your
affiliation and continued success with Global Travel International is
contingent on your adherence to our terms and conditions. This document
explains in detail our Travelers Services Terms and Conditions, our
Privacy Policy and our Website Terms and Conditions.
PLEASE READ THIS TRAVELER
SERVICES AGREEMENT (the "Agreement") CAREFULLY BEFORE USING ANY OF THE
TRAVEL RESERVATION SERVICES OF GLOBAL TRAVEL INTERNATIONAL, INC., A
FLORIDA CORPORATION ("GTI"), INCLUDING, BUT NOT LIMITED TO, RESERVATION
SERVICES THROUGH GTI'S RESERVATIONS TELEPHONE CENTERS AND WEBSITES. YOUR
USE OF GTI'S TRAVEL RESERVATION SERVICES IS EXPRESSLY CONDITIONED ON YOUR
ACCEPTANCE OF THIS AGREEMENT. BY USING GTI'S TRAVEL RELATED SERVICES
THROUGH GTI OR ONE OF GTI'S AFFILIATES, PARTNERS, OR REPRESENTATIVES, YOU
SIGNIFY YOUR AGREEMENT TO BE BOUND BY EACH OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY EACH OF THE TERMS OF THIS AGREEMENT,
YOU MUST NOT USE GTI'S TRAVEL RELATED SERVICES.
The Traveler Must Confirm the Accuracy of the Travel Invoice
The traveler must verify booking details, rate
information, passenger information and all other information included on
their invoice. If there is any incorrect information on an invoice, the
traveler must contact GTI's
Headquarters at 2600 Lake Lucien Drive, Suite 201, Maitland, FL 32751
(1-800-951-5979) within 24 hours of receiving the invoice and request that
the incorrect information be changed. Failure to contact GTI's Headquarters within 24
hours of receiving the invoice may result in the incurrence of additional
charges for such corrections.
The Traveler is Responsible for Knowing the Conditions at Destination(s)
GTI has no special knowledge regarding unsafe
conditions, health hazards, security, political instability, social, labor
or civil unrest, weather hazards or climate extremes at destinations to
which you or your clients may travel. For information concerning possible
dangers at your or your client's destinations and medical information, GTI
recommends that the traveler contact independent third party sources,
including, without limitation, the Travel Warnings Section of the U.S.
State Department at (202) 647-5225 or www.travel.state.gov and the Centers
for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. The traveler
voluntarily assumes all risks involved in their travel, whether expected
or unexpected. GTI is not liable for any injuries, damages or losses
caused to the traveler in connection with terrorist activities, civil,
social or labor unrest, mechanical or construction failures or
difficulties, diseases, local laws, climatic conditions, abnormal
conditions or developments, or any other actions, omissions, or conditions
or developments or conditions outside GTI's control.
The Traveler is Responsible
for Complying with All Laws and Travel Requirements
The traveler, and not GTI, is responsible for (i) compliance with the applicable
laws, rules and regulations of the destination, (ii) checking and
verifying any and all identification, passport, visa, vaccination, or
other entry requirements at destinations to which the traveler and (iii)
checking with immigration offices, embassies and consulates to ensure
compliance with all applicable laws, rules and regulations. United States
Immigration determines the documents that passengers must have in their
possession in order to leave and return to the U.S. Neither GTI nor any
airline, hotel, car-rental company, tour operator, cruise line or other
service provider named in the traveler's itinerary (collectively,
"Suppliers") are responsible if the traveler is denied boarding for any
reason, including, without limitation, failure to posses the required
documentation.
Payment for Travel Purchases and Reservations
It is the traveler's responsibility to make all
payments for travel purchases and reservations when due. Failure to make all payments when due may result in
an automatic cancellation of the traveler's purchases and
reservations. If the traveler fails to make all payments for travel
purchases and reservations when due, GTI may, at its option, (i) cancel the travel purchases
and reservations, (ii) assess late fees and penalties for past due
balances to the maximum extent allowed by law, (iii) process the balance
due and all associated late fees and penalties (for past due amounts) on
any credit card GTI has on file for the traveler, (iv) offset the balance
due plus any late fees and penalties against any type of commissions due
by GTI to the traveler and (iv) hold any documents, without liability to
the traveler, that GTI may have in our possession until the balance due
and all associated late fees and penalties (for past due amounts) are
paid.
The Traveler Must Comply with the United Stated Border Security Act
The United States Border
Security Act requires all airlines and cruise lines to collect immigration
information from each passenger prior to their travels to or from the
United States. As of
Trip Cancellation
The traveler, and not GTI, is
responsible to be familiar with the penalties assessed for cancellation of
their travel purchase and reservations. Cancellation policies vary greatly
between Suppliers. All travel purchase and reservations should be deemed
non-refundable, non-cancelable and non-changeable unless otherwise advised
in writing by a GTI representative.
GTI Recommends the Traveler Use a Credit Card to Pay for Their Purchases
GTI recommends the use of a credit card to pay for
purchases so that the traveler may exercise their rights under the Fair
Credit Billing Act if they do not receive the services they purchased.
Paying with cash, check or debit card does not provide the traveler with
this kind of protection and is strongly discouraged by GTI.
GTI Recommends
The
Traveler Obtain Insurance
GTI recommends the traveler
purchase appropriate insurance coverage against unsafe conditions, health
hazards, security, political instability, social, labor or civil unrest,
weather hazards or climate extremes at destinations to which they may
travel. GTI also recommends the traveler purchase Travel Protection
Insurance to protect the traveler from penalties for canceling their
travel purchases and reservations under certain circumstances. We further
recommend that the traveler not purchase Travel Protection Insurance from
the Supplier in the event the Supplier becomes financially insolvent.
Finally, we recommend that the traveler carefully examine the Travel
Protection Insurance limitations from a third party insurance provider as
inclement weather, terrorism and related acts, pre-existing conditions,
etc. may not be covered by the policy. It is the traveler's responsibility
to determine what type of insurance coverage is best for them. GTI assumes
no liability for counseling the traveler on insurance.
Warranty Exclusions
GTI
MAKES NO, AND GTI'S SUPPLIERS AND DISTRIBUTORS MAKE NO, WARRANTY OF ANY
KIND REGARDING OUR PRODUCTS AND SERVICES, ALL OF WHICH ARE PROVIDED ON AN
"AS IS" BASIS. GTI AND GTI'S SUPPLIERS AND DISTRIBUTORS EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitations on
GTI's
Liability
GTI SHALL NOT BE, AND GTI'S
SUPPLIERS AND DISTRIBUTORS SHALL NOT BE, LIABLE TO, THE TRAVELER, THE
TRAVELER'S TRAVEL COMPANIONS OR GROUP MEMBERS OR ANY THIRD PARTY, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR
ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT
OF: (I) BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT;
(II) THE BREACH OF CONTRACT, FAILURE TO COMPLY WITH ANY LAWS SUCH AS THE
AMERICANS WITH DISABILITIES ACT (ADA), AND/OR ANY INTENTIONAL OR NEGLIGENT
ACTIONS OR OMISSIONS ON THE PART OF ANY SUPPLIER IN SELLING TRAVEL RELATED
SERVICES, OR IN ACCEPTING RESERVATIONS OR BOOKINGS FOR SERVICES. IN NO
EVENT WILL GTI BE LIABLE FOR ANY TYPE OF LOSS TO THE TRAVELER CAUSED BY AN
EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT
RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND
OTHER ACTS OF GOD.
If,
despite the limitation above, GTI, a provider or a distributor is found
liable for any loss or damage which arises out of or is in any way
connected with any of the occurrences described in the limitation above,
then GTI's liability and
the provider's and distributor's liability will in no event exceed, in
total, the sum of US$250.00. Some states do not allow the limitation of
liability, so the limitations above may not apply to the traveler.
GTI has no special knowledge
regarding the financial condition of the Suppliers and advises the
traveler to evaluate the financial condition of each Supplier. GTI assumes
no responsibility for and shall not be liable for any refund, personal
injury, property damage, or other loss, accident, delay, inconvenience or
irregularity which may be caused by (i) the acts or omissions of the Suppliers or
any party not under GTI's
control, (ii) the failure of Suppliers to provide services or adhere to
their own schedules, (iii) any defaults, wrongful or negligent acts, or
omissions of the Suppliers, or (iv) any defect in or failure of any
vehicle, craft, equipment, or instrumentality owned, operated or otherwise
used or provided by the Suppliers. Unless the term "guaranteed" is
specifically stated in writing on your tickets, invoice, or reservation
itinerary, GTI does not guarantee any Supplier's rates, bookings,
reservations, connections, scheduling, handling of baggage or other
personal effects.
Arbitration and Governing Law
In the event of a dispute between The Traveler and
GTI, The Traveler and GTI agree that a prompt and fair resolution, without
the time and expense of formal court proceedings, would be in both
parties' mutual interests. All disputes shall be submitted to final and
binding arbitration to be conducted in
MANDATORY ARBITRATION
REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL.
The party filing the arbitration must choose one of the following three
arbitration firms and follow its rules and procedures for initiating and
pursuing an arbitration:
· American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879)
(http://www.adr.org)
· National Arbitration
Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371)
(http://www.arb-forum.com)
· JAMS, 1920 Main
Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810)
(http://www.jamsadr.com)
In the event that the selected firm cannot administer
the arbitration, the party filing the arbitration will select another of
the firms. Each party will bear its own expenses, and the parties will
share equally the filing and other fees of the arbitration firm and the
expenses of the arbitrator, except that the arbitrator will be entitled to
award a different allocation of costs and fees where the arbitrator
determines that a filed claim is frivolous.
The arbitrator will not have the power to award
punitive damages or other damages not measured by the prevailing party's
actual damages, except as may be required by statute. Any award in
arbitration initiated under this clause will be limited to monetary
damages and will include no injunction or direction to any party other
than the direction to pay a monetary amount, except as required by statute
or to comply with the terms of the contract. Any award rendered by the
arbitrator will be final and binding upon each of the parties, and
judgment thereon may be entered in any court having jurisdiction thereof.
The Federal Arbitration Act will govern the interpretation and enforcement
of this section.
During
the pending of such arbitration and until final judgment thereon has been
entered, this Agreement will remain in full force and effect unless
otherwise terminated as provided hereunder. If a provision of this clause
is held to be invalid, the remainder of the clause will remain in full
force and effect, and, to this end, the provisions of this clause are
severable.
This
Agreement and all transactions between the traveler and GTI shall be
governed by, and construed and enforced in accordance with, the internal
laws of the State of
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Seller of Travel: CST #2043947-40 FLSOT #20734
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