Terms and Conditions
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.
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.
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.
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.
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.
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.
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 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.