Terms & Conditions

The Tropical Travelers, LLC ("The Tropical Travelers," "we," "us," "our") located in Malvern, Pennsylvania is a luxury full service travel agency providing families, couples, weddings and other groups with travel planning to destinations around the globe. We specialize in crafting extraordinary and luxurious travel experiences through meticulous research and extensive networking with our industry suppliers to provide our clients ("Traveler," "you") with endless options.

These terms and conditions of travel ("Terms and Conditions"), including all brochures, documents, correspondence, our Privacy Policy, and the terms and conditions of the third party suppliers ("Suppliers") we use to book your travel accommodations, form the basis of our contract with you. Please be aware that these Terms and Conditions contain waivers of liability, class action and jury waivers, and venue selection clauses. By asking us to book, or by confirming a booking with us, you accept all of these Terms and Conditions and agree to them. If you do not agree to our Terms and Conditions, do not book with us.

Section 27 contains state registration and disclosure information that applies to residents of California, Florida and Washington.

By making a booking with us, you agree that:

• you are 18 years of age or older and can create binding legal obligations in connection with your use of our website and services;
• you have read these Terms and Conditions and have the legal authority to agree, and do agree, to be bound by them;
• you consent to our use of personal data in accordance with our Privacy Policy and are authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data such as information on health conditions, disabilities and dietary requirements;
• you agree that the information supplied by you, or by members of your travel party, is true and correct;
• you accept financial responsibility for payment of the booking on behalf of all persons named on the booking; and
• you agree that any violation of these Terms and Conditions may result in cancellation of your booking and our services, forfeiture of any monies paid for your booking and our services, and your being denied access to the applicable travel product or service.

1. Booking and Paying for Your Arrangements

To get started, you can contact us by email, telephone, in person, or through our website by submitting a Vacation Quote request. You can also make bookings by submitting a Reservation Form. The booking process is concluded when we send you a booking confirmation email.

The amount you pay at the time of booking depends on the terms and conditions of the Supplier. For example, hotels and rental car companies may require no payment at the time of booking and may instead request payment at check in or on arrival. Other Suppliers, such as hotels and airlines, may require you to pre pay at the time of booking. Others require a deposit at the time of booking with the balance due before departure.

Availability and price quotes apply to the date and time at which they are requested and cannot be guaranteed until payment is made. Proposals in a foreign currency fluctuate with exchange rates, and international payments may carry a foreign transaction fee. The Tropical Travelers will make every effort to honor the price as originally quoted. Under certain circumstances, however, additional costs may be imposed by a Supplier or a government because of an increase in the cost of one or more travel components. See Section 3.

Flight confirmation is subject to availability, and prices are subject to change after the date of deposit, including increases in seat assignment fees, baggage fees, fuel surcharges, or government imposed fees and taxes.

On receipt of our confirmation, please review all documents, including the terms and conditions of the Supplier or Suppliers, paying particular attention to the cancellation policies. It is your responsibility to review all travel documentation and to alert us of any corrections within 24 hours of making your deposit. We will not be responsible for errors reported after that point.

Once you have booked with us, we will provide instructions for all payments and all due dates. You must authorize us to make all payments in full and on time. If you are booking within 60 days of the departure date, full payment may be due at the time of booking. Failure to make a payment may result in cancellation of your travel. In that case the cancellation would be treated as a cancellation by you, and the cancellation terms and fees described in Section 10 would apply.

Traveler understands that discounted fares and room rates typically involve restrictions, and that changing or cancelling any aspect of the travel accommodation may require the payment of additional money. We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion.

Your final amount owing may be subject to change until you receive confirmation that your travel arrangements are paid in full. Your deposit is non-refundable unless stated otherwise.

Overnight shipping fees for documents shipped to you from The Tropical Travelers may be billed to you.

2. Accuracy

The price listed on your proposal is based on the known costs at the date the proposal is issued. We work to ensure that all information and prices in our communications with you, on our website, and in any advertising material we publish are accurate. Changes and errors do occasionally occur, and we reserve the right to correct prices and other details in those circumstances. You must check the current price and all other details relating to the arrangements you wish to book before your booking is confirmed.

3. Pricing

We reserve the right to amend the price of unsold trips at any time and to correct errors in the prices of confirmed trips. We also reserve the right to increase the price of confirmed trips to allow for increases that are a direct consequence of changes in:

• the price of the carriage of passengers resulting from the cost of fuel or other power sources; and
• the level of taxes or fees applicable to the trip imposed by third parties not directly involved in the performance of the trip, including tourist taxes, landing taxes, and embarkation or disembarkation fees at ports and airports.

After you have paid in full, airfares and packages with airfare components will not be increased except for supplemental price increases imposed by governments, and you consent to any such increases. You will be charged for the amount of any increase in accordance with this clause.

Your contract for airfare, even when included in a vacation package, is with the carrier and is subject to the carrier's terms. We will not be liable for any change fees, cancellation fees or other additional costs you incur from the air carrier.

4. Air Reservations and Baggage Fees

All tickets will be issued in economy class unless otherwise specified. All travel will be round trip unless otherwise specified. Seat assignments are subject to airline policy and may not be able to be made until you are at the airport on the day of departure.

Your contract for airfare is with the carrier and is subject to the carrier's terms. We will not be liable for any change fees, cancellation fees or other additional costs, including baggage fees and seat selection fees, that you incur with the air carrier.

Because airline baggage policies change continually, we suggest you check your airline's website for current fees and information. The Tropical Travelers is not responsible for additional fees incurred for baggage or seating. Baggage fees are not part of an all inclusive package. Please review the current checked bag and carry on rules at www.tsa.gov.

The carriers, flight timings and aircraft types shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. If the name of the carrier does not appear on your confirmation invoice, or if a carrier is replaced, we will inform you of the identity of the actual carrier as soon as we become aware of it. The latest flight timings will be shown on your tickets, which will be sent to you approximately two weeks before departure. Check your tickets carefully on receipt to confirm you have the correct flight times. We advise you to re confirm your flight schedule directly with the airline within 24 hours of departure in case of last minute changes or delays. Most airlines allow you to check in online 24 hours before departure.

5. Payments

Final payment is due before departure according to the terms and conditions of each Supplier involved in your travel booking, including airlines, hotels, cruise lines, travel insurance companies, transfer companies and sightseeing operators. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and any deposits may be forfeited. In some cases there is no refund once a booking is made and paid for.

Credit card bookings. We and most Suppliers accept major credit cards including Visa, Mastercard, American Express and Discover. Travelers must provide us with written authorization for every transaction relating to their vacation. Your authorization is an agreement for us and the Supplier to charge your card, and an acknowledgement of and agreement to these Terms and Conditions including the cancellation terms. You agree not to make any improper chargebacks. Charges on your card statement will reflect the Supplier's name for all accommodation charges rather than The Tropical Travelers, with the exception of any cancellation or change fees assessed by us directly.

In certain cases you can dispute charges with credit card companies. Before initiating a chargeback, we ask that you call us first to discuss any questions or concerns about our charges, and we will work with you to try to resolve them. By using our service to make a reservation, you accept and agree to our cancellation policy. The Tropical Travelers retains the right to dispute any improper chargeback and to recover any costs, including attorneys' fees, related to improper chargebacks. In the event of an improper chargeback we also retain the right to cancel any travel reservation related to it. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such claims:

• chargebacks resulting from non-cancellable reservations, whether or not the reservation is used;
• chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card, which does not include credit card fraud;
• chargebacks arising from inconsistency or inaccuracy in a Supplier's product description;
• chargebacks resulting from force majeure or other circumstances beyond the control of The Tropical Travelers or the Supplier; and
• chargebacks resulting because you do not agree with the cancellation policy.

6. Planning Fees

The Tropical Travelers reserves the right to charge a planning fee for certain services, including custom itinerary planning and destination wedding and group work. Where a fee applies, we will tell you the amount and what it covers before any charge is made, and you will be asked to authorize it. Planning fees are non-refundable and are separate from the cost of your travel arrangements. Some fees may be credited toward your final booking. We will confirm in writing whether a credit applies before you pay.

7. Scope and Agency

The Tropical Travelers does not provide, own or control the travel services and products that are or may be provided as part of your vacation, such as flights, accommodations, cruise accommodations, rental cars, packages, tours and travel insurance (the "Travel Products"). The Travel Products are owned, controlled or made available by Suppliers such as airlines, hotels, cruise lines, rental car companies, theme parks and tour operators. The Suppliers are responsible for the Travel Products. Each Supplier's terms and conditions and privacy policies apply to your booking, and you must agree to and understand those terms. Your interaction with any Supplier is at your own risk.

As the Traveler, you agree that The Tropical Travelers acts only to assist you in acquiring transportation, hotel accommodations, cruise accommodations, sightseeing, tours and other privileges or services for your benefit, and on the express condition that The Tropical Travelers 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 with them.

The number of stars, diamonds or other symbols attributed to hotels and other providers of accommodations quoted by The Tropical Travelers corresponds to a classification established as a point of reference in accordance with local standards in the host country. Accommodations and star designations vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and on comments we have received from our clients. The Tropical Travelers makes no guarantee about the suitability or availability of accommodations. If the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations where possible and at your request, and you would bear any additional cost of upgrading the room or property.

8. Traveler Information

Names provided to secure reservations must match each Traveler's passport and government issued identification. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required.

Any minor name corrections made after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines, and some may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for all risks and costs involved with failure to report errors or omissions in documentation. If any name or Traveler information needs to be updated more than 48 hours after the time of booking, The Tropical Travelers may charge up to a $50 change fee per Traveler being updated on the booking.

The Tropical Travelers is not obligated to retain a record of a Traveler's account, booking data or other information stored by means of your client file, but may decide to do so at its own discretion as business needs warrant.

9. Documentation and Identification

It is the responsibility of each Traveler to check, obtain, fulfill and carry a valid passport, visas, health documentation, immigration documentation and all other documents required by government regulations applicable to the itinerary. We can only provide general information. You must check the requirements for your own circumstances with the relevant embassies and consulates, and with your own doctor where applicable. Requirements change, and you must check the current position in good time before departure. United States citizens and residents should visit www.travel.state.gov.

When traveling domestically within the United States or internationally, the Transportation Security Administration and the Department of Homeland Security advise that everyone carry at least two forms of acceptable identification in order to board a flight. The list of acceptable identification is at www.tsa.gov/traveler-information/acceptable-ids. REAL ID requirements are now in effect. Air travelers whose identification does not meet REAL ID requirements must use an alternate form of identification, such as a passport, military identification or permanent resident card, to pass TSA security checkpoints, including for domestic travel. Please visit www.travel.state.gov or www.dhs.gov/real-id for the most current requirements.

Passports are required for international travel, including for infants. Visas are required where they apply to a Traveler's itinerary. Travelers are solely responsible for obtaining all passports and visas required for their travel, and voluntarily assume full and sole responsibility for all risks and costs involved with failure to report errors or omissions in documentation that result in documentation not matching identification. The Tropical Travelers neither controls nor warrants the issuance of visas. It is your responsibility to verify that all visas required for your trip have been obtained, that the visas for each country are valid for the entry and exit dates of your visit, that your personal details are accurately reflected, and that your passport is valid for at least six months beyond the completion date of your trip.

Even when a visa is issued, a Traveler may be denied entry, because each country's local immigration officials make the final entry decision. Several factors, including a past criminal record, may contribute to that decision. Should a visa not be issued, The Tropical Travelers is not responsible for payments already made toward the trip. By way of example, Americans traveling to or through Canada with a record of driving while intoxicated or possession of marijuana should check whether current rules exclude admission and what waivers may be available, at www.canada.ca.

Notarized permission documentation is required for all minor children traveling with anyone other than both legal parents. It is the Traveler's sole responsibility to obtain and maintain notarized permissions for all minor children who are not traveling with both parents.

For medical information about your destination, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or visiting www.cdc.gov/travel. We do not accept any responsibility if you cannot travel, or incur any other loss, because you have not complied with passport, visa, immigration or health requirements. You agree to reimburse us for any fines or other losses we incur as a result of your failure to comply with them.

You acknowledge that any failure to comply strictly with these requirements may result in denied boarding, or in delay at an airport screening checkpoint causing Travelers to miss flights and subsequent scheduled travel arrangements and accommodations. The Tropical Travelers bears no responsibility for advising on or obtaining required travel documentation for you, or for any delays, damages or losses, including missed portions of your vacation, related to improper documentation or government decisions about entry.

10. Cancellation by You

Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be made in writing and emailed to sales@thetropicaltravelers.com.

As a result of cancellation, the cancellation penalties of The Tropical Travelers and of third party Suppliers will apply. These are detailed in your travel documentation and on each Supplier's website. All Suppliers have their own cancellation policies, which apply to your booking. On receipt of your cancellation request we will contact the Suppliers for any applicable refunds, subject to each Supplier's terms and conditions. A Supplier may choose to provide a travel voucher or credit in place of a refund. We are not responsible under any circumstances for a Supplier's failure to pay a refund, or for a Supplier's bankruptcy or insolvency.

Cancellation penalties and policies are provided at the time of booking and on confirmation. If you have any questions, or if any penalties are unclear, please contact us before booking. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the Supplier's refund.

If the reason for cancellation is covered under the terms of your travel insurance plan, you may be able to reclaim these charges. For this reason we strongly encourage the purchase of travel insurance, including additional cancel for any reason coverage.

Airline tickets are governed by the air carrier's terms, and The Tropical Travelers is not responsible for any air carrier's decision regarding refunds. Cancellation policies for cruises vary by cruise line.

Group, corporate and wedding bookings. If your reservation is associated with a group, whether corporate, wedding or a room block, the cancellation penalties stipulated in the Supplier group contract will apply. A group contract applies when special terms and conditions have been negotiated with a hotel or resort for a block of rooms by a lead Traveler, such as a couple booking a wedding group. Air reservations associated with a group reservation, if booked with The Tropical Travelers, are also subject to cancellation and change penalties. Clients are responsible for the cancellation penalties unless travel insurance was purchased at the time of booking.

Group late fees. Final payments not received by the applicable due date will incur a $50 per person late fee. All reservations are subject to Supplier cancellation penalties, as described above, if final payment is not received on the due date. Late fees are not covered by travel insurance and are always non-refundable.

Refunds owed to residents of Washington State are governed by Section 27.

11. Health Risks, Epidemics and Pandemics

By booking travel with us, you acknowledge that exposure to communicable illness is an inherent risk of travel, and you voluntarily assume that risk for yourself and for any minors traveling with you. This includes the risk that you may be exposed to or infected by an infectious disease while traveling, and that such exposure or infection may result in personal injury, illness, permanent disability or death, even where the resulting injury or loss was not foreseeable at the time you booked. You acknowledge that exposure to viruses and disease cannot be controlled by The Tropical Travelers or by our third party Suppliers.

You further acknowledge that your travel plans may be interrupted, postponed or cancelled by a Supplier, a government entity or another third party over which we have no control, whether because of an outbreak, an epidemic, a pandemic, or for other reasons not reasonably foreseeable at the time of booking. You may be required to quarantine on arrival, to provide proof of vaccination, or to provide proof of negative testing at the time of departure or on arrival at certain destinations. The Supplier's own terms and conditions will govern your rights and remedies, including any right to receive a refund. If you elect to purchase travel insurance, the terms of that policy will determine whether, and to what extent, coverage for any financial loss exists. The Tropical Travelers strongly encourages the purchase of travel insurance, including cancel for any reason coverage where available, to mitigate the costs associated with this risk.

You, for yourself and for any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (collectively, the "Releasors"), HEREBY RELEASE AND HOLD HARMLESS The Tropical Travelers, its owners, members, managers, agents and employees, and its Suppliers (collectively, the "Releasees"), from and against any and all claims, damages, demands, losses and liability arising out of or related in any way, in whole or in part, to any POSTPONEMENT, CANCELLATION, CHANGE, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure or travel restrictions related to any infectious disease, virus, epidemic or pandemic, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph shall survive any termination or cancellation of this contract, whether by operation of law or otherwise.

12. Changes by You

If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. While we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request:

• All voluntary changes requested once a deposit has been made will incur a $50 fee per person, per change, in addition to any applicable rate changes, any extra costs incurred, any costs incurred by The Tropical Travelers, and any costs or charges imposed by our Suppliers. This fee is non-negotiable and will be added to your booking before any research into changes begins. If such changes require cancellation of confirmed air or ground arrangements, unrecoverable costs will be added to the change fee in addition to our cancellation fee. See Section 10.
• All voluntary changes requested once final payment has been made will incur a $100 fee per person, per change, in addition to any applicable rate changes, any extra costs incurred, any costs incurred by The Tropical Travelers, and any costs or charges imposed by our Suppliers. This fee is non-negotiable, and you will be sent a payment link before any research into changes begins.

These costs can increase the closer to the departure date that changes are made, so contact us as soon as possible. If your booking is a group booking that receives a special group rate, you may lose that rate if the group falls below the group minimum because members of your group cancel. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you, in which case the cancellation charges set out in Section 10 become payable.

13. Cutting Your Trip Short and Unused Arrangements

If you cut short your trip and return home early, we will not offer any refund for the part of your trip that was not completed, and we will not be liable for any associated costs you incur. Depending on the circumstances, your travel insurance may offer coverage for curtailment.

14. Transfer of Booking

If you or any member of your party is prevented from traveling, that person may transfer their place to someone else, subject to the following conditions:

• the Supplier allows bookings to be transferred;
• the replacement person is introduced by you;
• we are notified not less than 91 days before departure;
• you pay any outstanding balance, an amendment fee of $50 per person transferring, and any additional fees, charges or other costs arising from the transfer; and
• the transferee agrees to these Terms and Conditions and to all other terms of the contract between us and any applicable third party Supplier.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, or the Supplier will not authorize a change, the cancellation charges set out in Section 10 will apply. Otherwise, no refunds will be given for Travelers not traveling or for unused services. Your deposit is non-refundable.

15. Changes and Cancellation by the Supplier

We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel it. We will also liaise between you and the Supplier in relation to any alternative arrangements the Supplier offers, but we will have no further liability to you.

If circumstances require changes between the time of confirmation and actual travel, The Tropical Travelers and its third party Suppliers reserve the right to cancel or vary any itinerary and to substitute components of any vacation, including hotels and accommodations of comparable quality, where air schedule changes, surface transportation changes, security matters or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on a variety of factors, including the number of Travelers traveling together.

During local and national holidays, special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels and shopping may be limited or unavailable. Alternatives will be offered where possible. The Tropical Travelers cannot be held responsible for closures, necessary itinerary changes or curtailments for any reason. These changes will not be considered material changes and will not be cause for cancellation by the Traveler. Normal cancellation penalties will apply to a vacation that has been changed.

If a Supplier gives you an option for alternative arrangements, we will provide you with the relevant information and you may choose to:

• accept the changed arrangements;
• take a refund of some or all monies paid, if offered by the Supplier; or
• accept an offer of alternative travel arrangements of comparable standard from us, if available.

You must notify us of your choice within the time period required by the Supplier or within 24 hours, whichever is sooner. If we do not hear from you within 24 hours, we will assume that you accept the offer and your changed arrangements will take effect. In certain circumstances time is of the essence, so if you do not respond promptly the offer could expire.

16. Force Majeure

The Tropical Travelers assumes no liability for any loss, damage, delay or cancellation resulting in whole or in part from an act of God or any other force majeure condition, including without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms, riots or civil commotions or disturbances 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 advisories, epidemics, pandemics, warnings or alerts of any kind, government seizures, refusal, cancellation, suspension or delay by any government authority of any license, permit or authorization, damage to its facilities or to a Supplier and its facilities, or any other unforeseen circumstances or factors that negatively affect or hamper its ability to fulfill any of its contractual conditions.

In circumstances amounting to force majeure, we will not be required to refund any money to you, although if, and only if, we can recover monies from our Suppliers, we will refund those to you without any charge by The Tropical Travelers.

The Tropical Travelers shall not be deemed to be in breach of these Terms and Conditions, or otherwise liable to you by reason of delay in performance or non-performance of any of its obligations, to the extent that any such delay or non-performance is due to a force majeure event.

17. Travel Protection

Travel protection is strongly recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. At a minimum, a plan should cover trip cancellation or interruption, cancel for any reason, medical expense, emergency evacuation and repatriation, and baggage.

Travel protection plans can help protect you against the loss of non-refundable trip deposits and payments resulting from cancellation or trip interruption due to a covered reason such as injury or illness before or during the trip. They can also help with reimbursement for medical emergency costs, including very costly medical evacuation, missed connections and baggage loss.

While we may be able to offer some coverage through the tour operator or Supplier we use to book your trip, there are other third party insurance providers you may consult. This responsibility rests solely with each Traveler, and we advise you to research and find coverage that best fits your needs. The Tropical Travelers is limited to advising you of the need for such coverage and is not qualified to answer technical questions about the benefits, exclusions and conditions of travel protection plans. We cannot evaluate the adequacy of your existing insurance coverage. If you have questions about your travel protection, please call your insurer, insurance agent or broker. All claims must be filed with the insurance provider by you, and are reviewed, accepted or declined at the sole discretion of the insurance provider and not of The Tropical Travelers.

Certain countries require foreign visitors to hold valid medical insurance on entry. The Tropical Travelers cannot be held responsible for denied entry if any Traveler is unable to provide details of insurance to authorities, or for denial of entry for any other reason. Declining travel protection coverage could result in the loss of your travel cost, or require more money to correct a situation. You acknowledge that without coverage there may be no way to recoup losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses, however arising, for which travel protection coverage would otherwise have been available.

18. Destinations

Travel to certain destinations may involve greater risk than others. The Tropical Travelers urges Travelers to remain informed as to current news, and to review travel prohibitions, warnings, announcements and advisories issued by the United States government before booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to them can be found at www.state.gov and www.cdc.gov.

You should also consult government websites to ensure you are following all requirements for admittance into a country, including any health requirements, and to understand local laws that govern travel within that country, such as medical tests, drug prohibitions and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, The Tropical Travelers will not be liable for damages or losses resulting from travel to that destination.

Each foreign country holds different views of past criminal offenses, whether committed within or outside its boundaries. If you have a current or past offense and are unsure how the country you are traveling to or through views that offense, please contact that country directly for entry and exit requirements before booking with us.

We ask parents traveling with infants to bring appropriate food for their child, as it may not be available at the destination. You may be asked to pay a charge, for example for provision of a cot or for heating baby food and drinks. Request these when making your reservation, though we cannot confirm the availability of such services.

19. Non-Responsibility

The Tropical Travelers and its employees, managers, members, agents and representatives ("Representatives") use third party Suppliers to arrange tours, transportation, sightseeing, lodging and all other services related to your vacation. The Tropical Travelers is an independent contractor and is not an employee, agent or representative of any of these Suppliers. The Tropical Travelers does not own, manage, operate, supervise or control any transportation, vehicle, airplane, hotel, restaurant or any other entity that supplies services related to your vacation. All Suppliers are independent contractors and are not agents, employees or representatives of The Tropical Travelers.

All tickets, receipts, coupons and vouchers are issued subject to the terms and conditions specified by each Supplier. By accepting the coupons, vouchers and tickets, or by using the services, all Travelers agree that neither The Tropical Travelers nor its Representatives are or may be liable for any loss, injury or damage to any Traveler or their belongings, or otherwise, in connection with any service supplied or not supplied, resulting directly or indirectly from any occurrence beyond the control of The Tropical Travelers or its Representatives.

The Tropical Travelers and its Representatives assume no responsibility or liability for any delay, change in schedule, loss, injury or damage that may result from any act or omission on the part of others, and assume no responsibility or liability for personal property. The Tropical Travelers and its Representatives shall be relieved of any obligations under these Terms and Conditions in the event of any strike, labor dispute, act of God or of government, fire, war whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical, customs or immigration regulation, delay or cancellation. The Tropical Travelers and its Representatives accept no responsibility for lost or stolen items, and reserve the right to refuse any Traveler or potential Traveler at their sole discretion.

20. Assumption of Risk and Waiver

Traveler is aware that travel to the areas Traveler is undertaking on the vacation may involve inherent risks, some in remote parts of the world. Inherent risks include, but are not limited to, the risk of injury or death from: motor vehicle collisions; animals; roadway hazards; slips and falls; criminal or terrorist acts; government actions; consumption of alcoholic beverages, tainted food or non-potable water; exposure to the elements, including heat, cold, sun, water and wind; drowning and other sicknesses or illnesses related to swimming, diving, snorkeling or being in large bodies of water; your own negligence and the negligence of others, including tour guides, other travelers, The Tropical Travelers and its employees, agents and representatives; attack by or encounter with insects, reptiles and animals; accidents or illness occurring in remote places where medical services are unavailable; fatigue, chill, overheating and dizziness; known or unknown medical conditions; physical exertion for which you are not prepared; the negligence or lack of adequate training of any third party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to rapid evacuation or medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands that the description of these risks is not complete, and that unknown or unanticipated risks may result in injury, illness or death. In order to take part in the enjoyment and excitement of this vacation, Traveler is willing to accept the risks and uncertainty involved as an integral part of travel, including the risk of infection, illness and death.

Traveler accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of The Tropical Travelers, and agrees to hold harmless and fully release The Tropical Travelers and its Representatives from any and all claims associated with the vacation, including any claims of third party negligence and the negligence of The Tropical Travelers and its Representatives. Traveler covenants not to sue The Tropical Travelers or its Representatives for any such claims, or to join any lawsuit or action suing The Tropical Travelers. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

21. Indemnification

Each Traveler is expected to act responsibly and to adhere to all behavior guidelines established by The Tropical Travelers, its Representatives and our Suppliers. Our Representatives and Suppliers reserve the right to remove you from any vacation if you endanger yourself or others, or disrupt others. In any such case there will be no refund.

Traveler agrees to indemnify and hold harmless The Tropical Travelers and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, "damages") involved with or incurred by The Tropical Travelers or its Representatives, including without limitation reasonable attorneys' fees and the advancement of the same, with respect to any claims, lawsuits, arbitrations or other causes of action which result, directly or indirectly, from Traveler's breach or violation, or threatened breach or violation, of this contract, or from any damage caused by Traveler while participating in the vacation.

22. Special Requests

Any special requests must be made to us at the time of booking, and you should then confirm your requests in writing. While every effort will be made to arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or other documentation, or that it has been passed on to the Supplier, is not confirmation that the request will be met. Failure to meet a special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional on any special request being met.

23. Pre-Existing Medical Conditions and Travelers with Disabilities

It is essential that you tell us before booking if you have any disability or pre-existing medical condition that may affect your vacation, or if you have any special requirements as a result of a disability or medical condition, including any that affect the booking process, so that we can help you consider the suitability of the arrangements and make the booking.

The Tropical Travelers will communicate requests to Suppliers, but we cannot be responsible if accommodations under the Americans with Disabilities Act are unavailable. The ADA applies only within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany Travelers with disabilities who need assistance, at the sole expense of the Traveler requiring the accommodation. Motorized scooters may be unsuitable for many trips. Transportation services, including many tour motor coaches, may not be equipped with wheelchair ramps. Hotels may have accessible rooms, but we do not guarantee that all hotel facilities are accessible for Travelers with disabilities.

We will take reasonable measures to cater for any special requirements a disabled Traveler may have. If you or any member of your party has a medical problem or disability that may affect your trip, please provide full details before we confirm your booking so that we can try to advise you on the suitability of your chosen arrangements. Certain Suppliers may require you to produce a doctor's certificate confirming that you are fit to participate in the vacation before confirming your travel arrangements. If we are unable to properly accommodate the needs of the Travelers concerned, we will not confirm your booking. If you did not give us full details at the time of booking, we may cancel the booking and impose applicable cancellation charges when we become aware of those details. At no time shall we be liable for any losses, expenses or refunds resulting from a loss of access to any or all components of the travel arrangements for you or anyone in your travel party.

If you are pregnant or expecting at or around the time of your planned travel, please be aware that some Suppliers will not permit travel past certain gestational periods, for your safety and the safety of your child. If you become pregnant after booking with us, please consult a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted to travel. At no time shall we be liable if you are denied boarding, embarkation or access to a Supplier due to your pregnancy or the pregnancy of anyone in your travel party.

24. Complaints and Feedback

We make every effort to ensure that your arrangements run smoothly. If you do have a problem during your trip, please inform the relevant Supplier immediately, as they will be best placed to solve it on the spot. If your complaint is not resolved locally, please contact us at (610) 296-6363.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us by email to sales@thetropicaltravelers.com within 28 days of the end of your trip, giving your booking reference and all other relevant information. Please keep your notice concise and to the point, as this helps us identify your concerns and respond quickly. Failure to follow the procedure set out in this section may affect our ability, and the applicable Supplier's ability, to investigate your complaint.

Feedback and reviews. We value honest feedback, and we would rather hear about a problem directly so that we have the chance to make it right. If something about your experience falls short, we ask that you contact us first using the process above.

Nothing in these Terms and Conditions restricts your right to review our services. You are free to publish any honest assessment of your experience with The Tropical Travelers, whether favorable or unfavorable, and we will not charge you a fee or penalty, withhold any service, or take any action against you for doing so.

25. Insecticide Notice

Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides before a flight or while on the aircraft. The list is published by the Department of Transportation and is updated from time to time at www.transportation.gov/airconsumer/spray.

26. Cooperation with Law Enforcement

We reserve the right to cooperate fully with any law enforcement authority or court order requesting disclosure of the identity of anyone posting email messages, or publishing or otherwise making available any materials, that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE TROPICAL TRAVELERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE TROPICAL TRAVELERS DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE TROPICAL TRAVELERS OR LAW ENFORCEMENT AUTHORITIES.

27. Seller of Travel Registrations and State Disclosures

The Tropical Travelers, LLC is registered as a seller of travel in the following states.

California. Registration as a seller of travel does not constitute approval by the State of California. The Tropical Travelers, LLC is not a participant in the California Travel Consumer Restitution Fund, because it is not located in California. California law requires certain sellers of travel to have a trust account or bond. This business has not obtained a trust account or bond. Transactions with The Tropical Travelers are not covered by the California Travel Consumer Restitution Fund, and California residents are not eligible for a refund from that fund in the event of our default.

Florida. Fla. Seller of Travel Ref. No. ST45256.

Washington. If you are a Washington State resident and you are entitled to a refund, we will provide that refund within 14 days of receiving your written cancellation request, or within 14 days of receiving the funds back from the Supplier where we have not yet received them, in accordance with Washington law. This does not create a right to a refund where the applicable Supplier's cancellation terms provide for none. Any charter or tour participant contract is subject to Chapter 19.138 of the Revised Code of Washington.

Registrations do not guarantee performance. Registration as a seller of travel in any state means only that we have met that state's registration requirements. It is not an endorsement of The Tropical Travelers, and it does not guarantee the performance of any Supplier.

28. Changes to These Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions will be posted on this page and are effective immediately on posting. The updated date is shown at the top of this page. Please check frequently, especially before using this website, to see whether these Terms and Conditions have changed. Use of the website after any change constitutes your consent to the change.

The updated Terms and Conditions will apply to your active bookings with us. If we make a significant change that affects your booking, we will notify you at the email address you provided at the time of booking. Your continued use of our services, including continuing to maintain any booking after notice of the changes, constitutes your consent to those changes.

29. Governing Law and Jurisdiction

This agreement, all attachments to it, and the rights of the parties under it shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of conflict or choice of law rules. Any controversy or claim arising out of or relating to these Terms and Conditions shall be brought exclusively in the county or federal courts located in Chester County, Pennsylvania.

30. Notice of Claim, Jury Waiver and Attorneys' Fees

YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED, AND THAT YOU WILL NOT BRING SUIT AGAINST THE TROPICAL TRAVELERS, UNLESS YOU HAVE FIRST PROVIDED A TYPEWRITTEN NOTICE OF CLAIM TO THE TROPICAL TRAVELERS, LLC AT SALES@THETROPICALTRAVELERS.COM WITHIN 30 DAYS AFTER COMPLETION OF TRAVEL OR CANCELLATION OF TRAVEL.

You agree to waive your right to trial by jury. You agree that you will bring claims against The Tropical Travelers only in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. The prevailing party shall be entitled to recover all costs of litigation and reasonable attorneys' fees and costs incurred.

31. Entire Agreement and Severability

This agreement, including the terms and conditions of our Suppliers and any other documents we provide you such as invoices, constitutes the entire agreement between us, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to The Tropical Travelers. If any provision of these Terms and Conditions is unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Contact

The Tropical Travelers, LLC 43 Paoli Plaza, #113 Paoli, PA 19301 Phone: (610) 296-6363 Email: sales@thetropicaltravelers.com

CST 2161354-70 · Fla. Seller of Travel Ref. No. ST45256 · WA 605509015 · IATA 395 09 271