Terms and Conditions
Modification of Terms and Conditions
The Terms and Conditions may be amended or modified by The Travel Byrds at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with The Travel Byrds. Without this acceptance any order is subject to cancellation at any time.
The failure of The Travel Byrds to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. The Travel Byrds does not guarantee it will take action against all breaches of this these Terms and Conditions.
The Travel Byrds
Please thoroughly review these terms and conditions of The Travel Byrds and any of it’s companies that operate under its host company. Access to and use of the services of Byrd’s Nests Properties, LLC dba The Travel Byrds (“The Travel Byrds” and/or “we” and/or “our”) and our website is subject to acceptance of these terms and conditions. By accessing, using or obtaining any content, products, or services through our Travel Advisors or through our website, you, the purchaser and/or traveler (“passenger” and/or “you/your”) agree to be bound by these terms.
The addressee of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the addressee to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to The Travel Byrds, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
The Travel Byrds offers retail travel services to passenger(s), which are provided by separate and independent vendors of travel services. The Travel Byrds does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, passenger(s) agrees that The Travel Byrds acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that The Travel Byrds shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Payments are NOT held by our agency, but are immediately released or paid directly to our suppliers. Any refunds or cancellations are subject to the suppliers terms and conditions. We are not responsible for cancellations and cannot refund you any payments made unless the supplier decides to reimburse the funds.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by The Travel Byrds and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in The Travel Byrds debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by The Travel Byrds.
Booking Accuracy and Legal Names
Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify The Travel Byrds immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Documentation
It is the responsibility of each Passenger to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. The Travel Byrds strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry.
Non-United States citizens may require additional documentation. Check with the nearest consulate or embassy of the destination you are travelling to and find out the entry requirements for non-U.S. citizens. The Travel Byrds neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, The Travel Byrds is not responsible for lost payments made toward the contemplated trip.
Children and infants also require all such travel documents. Minors traveling with one custodial parent, and/or without both custodial parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms.
The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Passenger to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
When you receive any and all travel documents, it is the sole responsibility of the passenger(s) to review and verify all information. Contact The Travel Byrds immediately if changes or corrections are required.
Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government imposed fines.
Suggested reference materials for passport, visa, health requirements as well as travel advisories:
For US Citizens: http://travel.state.gov
Western Hemisphere Travel Initiative: http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_2223.html
US State Department Travel Warnings: http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html
US State Department Travel Alerts: http://www.travel.state.gov/travel/cis_pa_tw/pa/pa_1766.html
US Center for Disease Control for required vaccinations: http://www.cdc.gov/travel
Visa information for US citizens: http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html
(examples of countries requiring Visas: Australia, Brazil, China, Egypt, India, Russia, & Turkey)
For Canadian citizens: http://www.ppt.gc.ca
*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience. These sites are owned and operated by third parties who may alter the URL at any time without notice.
Other Documentation and Immunizations
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. The Travel Byrds shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required.
If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Passenger is responsible to make The Travel Byrds aware when traveling on a passport from a country other than the USA.)
Individual Entry/Exit Requirements
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html.)
We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (Reference http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
Final Payments and Cancellations
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited.
All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your Travel Advisor at The Travel Byrds. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations. All cancellations are subject to a non-refundable $200 per person fee imposed by The Travel Byrds.
All cancellations MUST be in writing and sent to your Travel Advisor by email. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by The Travel Byrds and the supplier(s). Your cancellation will be confirmed via email when processed. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
Altered Bookings and Modifications
You will receive an itinerary after the booking has been made and you will be responsible for reviewing the details to confirm their accuracy. You will have 24 hours from the receipt of the itinerary to make any necessary changes.
If you decide to change any portion of your confirmed arrangements after the 24 hour timeframe, we will attempt to assist you. Certain bookings may not be able to be changed. A non-refundable administrative charges of $50 per change/per person will be charged at the time of the modification request. All desired changes must be made in writing to your Travel Advisor at The Travel Byrds.
Even if the client decides not to move forward with the modification, the fee is still retained by the agency.
Risk/Safety
Travel to certain destinations may involve greater risk than others. The Travel Byrds urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, THE TRAVEL BYRDS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
Airfare
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, The Travel Byrds acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
All tickets will be issued for basic economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through The Travel Byrds may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (The Travel Byrds recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. The Travel Byrds will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
The Travel Byrds’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by The Travel Byrds. The Travel Byrds is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. The Travel Byrds will not provide any refund for Trips missed, in part or full.
In addition to the limitations of liability set forth above, you agree that The Travel Byrds is not liable for any damages arising from or related to any airline timetable changes, delays, cancellations, missed connections, mechanical problems, inclement weather, seating reassignments, lost/delayed baggage, screening and security delays, refused boarding, or failure to check-in properly.
Hazardous Materials
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant air line representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
Insecticide Notice
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
Luggage
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. The Travel Byrds strongly recommends that you obtain an insurance policy covering the value of your items.
Travel Insurance/Protection
If you choose to decline this valuable protection, you are assuming any financial loss associated with your travel arrangements. Your Travel Advisor is not liable or responsible for any expenses incurred as a result of cancellation or interruption, emergency medical and transportation, baggage and personal effects, flight and travel accident, and/ or rental car physical damage. If you decline travel protection, you also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling.
If you do purchase travel protection, we urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to details on the extent of coverage and procedures for making a claim. Your Travel Advisor is not an insurance agent and cannot indicate if a particular incident will be covered. You will need to reach out to the insurance company directly for verification.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you, the passenger, are responsible for reviewing upon receipt of your travel protection policy. The Travel Byrds is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with The Travel Byrds due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that The Travel Byrds cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that The Travel Byrds has no control over the travel insurance provider or its coverage decisions, and as a result The Travel Byrds is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
Accommodation
The number of stars attributed to the hotels and other providers of accommodations quoted by The Travel Byrds correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from passenger(s). The Travel Byrds makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. The Travel Byrds is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. The Travel Byrds makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
If you have purchased All-inclusive accommodations,this includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the passenger(s) expense. It is necessary to comply with all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
Activities
An activity may not be appropriate for all ages or for individuals with certain medical conditions. The Travel Byrds may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that The Travel Byrds is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the passenger(s) expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
You Acknowledge that the use or enjoyment of an activity may be hazardous and inherently risky and to the maximum extent permitted by law, The Travel Byrds shall have no liability for any personal injury or death; lost, stolen, damaged, or destroyed property; or other liability arising out of or in connection with the use and operation of the activity, and all actions or events occurring prior to, during, or after the activity.
Infants
We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
Pregnancy
The Travel Byrds advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to participate in the trip. You agree that The Travel Byrds will not be liable for any damages arising from inability to participate in any or all of the trip due to pregnancy or related illness and no compensation will be payable under such circumstances. Please, also note that most cruise lines will not let you travel if you have completed 24 weeks of pregnancy on embarkation day.
Special Needs/Disabilities
If you have special needs or a disability you must call the provider of your travel ahead of time and verify that special needs can be met. The Travel Byrds make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. The Travel Byrds has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
Agent/Intermediary
The Travel Byrds is simply an intermediary between the Suppliers and the public. The Travel Byrds does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that The Travel Byrds shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than The Travel Byrds or its direct employees or independent contractors, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that The Travel Byrds is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. The Travel Byrds is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
The Travel Byrds recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to The Travel Byrds at the time of reservation upon initial booking so The Travel Byrds can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that The Travel Byrds shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While The Travel Byrds prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that The Travel Byrds shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall The Travel Byrds be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
Limitation of Liability
Without limitation, Passenger(s) assume the risk of, and agree that The Travel Byrds is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
Modification of Terms and Conditions
The Terms and Conditions may be amended or modified by The Travel Byrds at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with The Travel Byrds. Without this acceptance any order is subject to cancellation at any time.
The failure of The Travel Byrds to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. The Travel Byrds does not guarantee it will take action against all breaches of this these Terms and Conditions.
Headings
Headings are for reference purposes only and do not limit the scope or extent of such section.
Mandatory Arbitration/Forum/Choice of Law
The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Ohio. The Parties agree that the arbitration shall take place in Hamilton County, Ohio and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against The Travel Byrds. If Passenger(s) fails to submit their claim to arbitration and instead files suit, The Travel Byrds shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and The Travel Byrds agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
