Terms & Conditions

TERMS AND CONDITIONS

Last Updated: July 2024

The Tropical Travelers, LLC (“The Tropical Travelers,” “we,” “us,” “our”) located in Malvern, Pennsylvania is a luxury full-service travel agency offering families, couples, wedding, 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 utilize for booking 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 and/or confirm a booking with us, you are accepting all the Terms and Conditions and agree to them. If you do not agree to our Terms and Conditions, do not book with us.

By making a booking with us, you agree that:

1. you are 18 years of age or older and can create binding legal obligations in connection with your use of our website and services;
2. you have read these Terms and Conditions and have the legal authority to and do agree to be bound by them;
3. 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 or disabilities and dietary requirements);
4. you agree that the information supplied by you, or members of your travel party is true and correct;
5. you accept financial responsibility for payment of the booking on behalf of all persons named on the booking,
6. you agree that any violation of any of these Terms and Conditions may result in (i) cancellation of your booking and our services, (ii) your forfeiture of any monies paid for your booking and our services, and (iii) you being denied access to the applicable travel product or service.

1. Booking and Paying for your Arrangements.

To get started, you can contact us via email, telephone, in-person, or through our website by submitting a Vacation Quote. Likewise, you can make bookings via submission of 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 upon arrival at the rental car office. Other Suppliers, such as hotels and airlines may request that you pre-pay for the service at the time of booking. Other Suppliers require a deposit at the time of booking with a remaining balance prior to your departure. Availability and price quotes are applicable 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, however, under certain circumstances additional costs by a Suppler or government may be imposed due to an increase in the cost for one or more of the travel components (See Section 3).

Flight confirmation is subject to availability and prices are subject to change after the date of deposit, including price increases in the fee for a seat assignment, fee for baggage, applicable fuel surcharges, or an increase in a government-imposed fee or tax.

Upon receipt of our confirmation, please review all documents including the terms and conditions of the Supplier(s), paying particular attention to the cancellation policies. It is your responsibility to review all travel documentation and alert us of any corrections within 24 hours of making your deposit as we will not be responsible for any errors.

Once you have booked with us, we will provide you with 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 such a case this would be considered a cancellation by you and the cancellation terms and fees described in Section 7 would be in effect. Traveler understands that discounted fares and room rates typically involve restrictions and that changing or cancelling any aspect of the travel accommodation may result in 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 of issue of the proposal. We endeavor to ensure that all the information and prices in communications with you on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that 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 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 which are a direct consequence of changes in:

1. the price of the carriage of passengers resulting from the cost of fuel or other power sources; and/or
2. 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 or embarkation or disembarkation fees at ports and airports.

However, 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 hereby consent to any such price 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 subject to its 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 & 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 the airlines policies 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 subject to its terms. We will not be liable for any change fees or cancellation fees or other additional costs (baggage fees, seat selection fees, etc.) you incur with the air carrier.

Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline’s website for up-to-date fees & 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 “Updated Checked Bag and Carryon Bag Rules” at www.TSA.gov

The carrier(s), flight timings and types of aircraft shown in this brochure or 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(s) does not appear on your confirmation invoice or if a carrier is replaced, we will inform you of the identity of the actual carrier(s) 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. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. The Tropical Travelers advises you to personally re-confirm your flight schedule within 24 hours to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check-in online 24 hours prior to departure.

5. Payments.

Final payment is due prior to departure according to each Supplier’s (airline, hotel, cruise line, travel insurance company, transfer company, sightseeing operators, and other travel service Suppliers) 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 any deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for.

CREDIT CARD BOOKINGS. While we, and most Suppliers do accept major credit cards including Visa, Mastercard, American Express and Discover, Travelers must provide to us a written authorization for every transaction for your vacation. Your authorization is an agreement for us and the Supplier(s) to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks. For booking charges on your card statement(s) they will reflect the Supplier(s) name for all accommodations charges and not The Tropical Travelers’ name with the exception for any cancellation or change fees assessed by us directly.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. The Tropical Travelers retain the right to dispute any chargeback that is improper and recover any costs, including attorneys’ fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback 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. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of The Tropical Travelers or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.

6. Planning Fee. The Tropical Travelers has the right to charge a non-refundable planning fee.

7. Scope/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, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by the Suppliers such as airlines, hotels, cruise lines, rental car companies, theme parks, and tour operators. The Suppliers are responsible for the Travel Products. The Supplier’s terms and conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; The Tropical Travelers does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, 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 the Travelers’ 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 therewith.

The number of stars, diamonds, or any other symbol attributed to the 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. 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 our clients. The Tropical Travelers makes no guarantee about the suitability or availability of accommodations, and if the particular accommodation sought are unavailable, we will do our best to reserve comparable accommodations, if possible and upon your request.  However, you would bear any additional costs for upgrading the room or property.

8. Traveler Information.
Names provided to secure reservations must match Travelers’ respective passports 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 advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. If any name or Traveler information needs to be updated beyond 48 hours from the time of booking, The Tropical Travelers may charge you up to $50 change fee per Traveler needing to be updated on the booking(s). The Tropical Travelers is not obligated to retain a record of Traveler’s account or any Booking Data or other information that you may have stored by means of your client file for your use of the Service but may decide to do so at its own discretion as business decisions may warrant.

9. Documentation & Identification.
It is the responsibility of each Traveler to check, obtain, fulfill, and carry a valid passport, visa(s), health, immigration, and all other documents required by government regulations as applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up-to-date position in good time before departure. For up-to-date requirements U.S. citizens and residents should visit www.travel.state.gov. When traveling domestically within the USA 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, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements, when effective on and any time after May 7, 2025, will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.

International travel passports are required for international travel, even for infants. Visas are required when they apply to the Traveler’s itinerary. Travelers are solely responsible for obtaining any and all passports and visa(s) required for their travel. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation resulting in mismatched documentation to identification. The Tropical Travelers neither controls nor warrants the issuance of visas related to applicable travel. It is Traveler’s responsibility to verify that all the 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. Please note that even when a visa is issued, a Traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, The Tropical Travelers is not responsible for lost payments made toward the contemplated trip. Solely by way of example: if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) or possession of marijuana record should always check whether current rules exclude admission, and potential waivers. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

Notary 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 go to http://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 any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or any undue delay at an airport screening checkpoint causing Traveler(s) to miss flight(s), and subsequent scheduled travel arrangements and accommodations. The Tropical Travelers bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/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 Tropical Travelers and third-party Supplier’s cancellation penalties will apply, which are detailed in your travel documentation, this website, and each of the Suppliers’ website. All Suppliers have their own cancellation policies, which apply to your booking.  Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions. Supplier may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund or for Supplier’s bankruptcy or insolvency. Cancellation penalties and policies are provided at time of booking and upon confirmation. If you have any questions, or any penalties are unclear, please contact The Tropical Travelers prior to booking with us. 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 refund(s). Cancellation policies for cruises vary by cruise line.

Group, Corporate & Wedding Groups. If your reservation is associated with a Group, (corporate, wedding, or room block) cancellation penalties as stipulated in the Supplier Group Contract will apply. A Group Contract applies when special terms and conditions have been negotiated with the hotel or resort for a block of rooms by a lead Traveler such as the Bride and Groom for a Wedding Group. Air reservations associated with the Group reservation, if booked with The Tropical Travelers, are also subject to cancellation and change penalties. Clients will be responsible for the cancellation penalties unless Travel Insurance is purchased at the time of booking.

Group Late Fees.: Final payments not received prior to the due date above 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 the Travel Insurance and are always non-refundable.

11. COVID-19.

By booking a vacation at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your vacation.  You acknowledge that exposure to such viruses or disease is an inherent risk of traveling and cannot be controlled by The Tropical Travelers or our third-party Suppliers.

As the worldwide COVID-19 coronavirus pandemic remains ongoing at this time, you acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, your travel plans may be interrupted, postponed, or canceled by Supplier(s) that are providing them, a government entity, or other third party, over which we have no control. You may also be required to: quarantine upon arrival, provide proof of vaccination or proof of negative testing at time of departure or upon arrival at certain destinations. You further acknowledge that the Suppliers’ own terms and conditions, , will govern your rights and remedies, including your right to receive a refund. Moreover, you understand that should you elect to purchase Travel Insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. The Tropical Travelers has strongly encouraged the purchase of Travel Insurance including “cancel for any reason” coverage if and when available to mitigate the costs associated with this risk.

You, for yourself, and 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/or employees, and Suppliers (collectively, the “Releasees”), of 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, CHANGES, INJURY, DISABILITY, DEATH, OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19 or any other infectious diseases, viruses, epidemics, pandemics, etc., 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 by the client to be made to their reservation once deposit has been made will incur a $50 fee per person, per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by The Tropical Travelers and any costs or charges incurred or imposed by any of our Suppliers. This is non-negotiable and will be added to your booking prior to any research into changes. If such changes necessitate cancellation of confirmed air or ground arrangements, unrecoverable costs will be added to the change fee in addition to our cancellation fee (see Section 7).

All VOLUNTARY changes requested by the client to be made to their reservation once final payment has been made will incur a $100 fee per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by The Tropical Travelers and any costs or charges incurred or imposed by any of our Suppliers. This is non-negotiable and you will be sent a link to make payment prior to any research into changes.

You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. You should also be aware that if your booking is a group booking that receives a special group rate you may lose the group rate if the group falls below the group minimum should members of your group decide to 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 7 below will become payable.

13. Cutting Your Trip Short & Unused Arrangements.

If you cut short your trip and return home early, we will not offer you any refund for that part of your trip that was not completed or be liable for any associated costs you may 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(s) may transfer their place to someone else, subject to the following conditions:

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

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, cancellation charges as set out in Section 7 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 need to make a significant change to your confirmed booking or to cancel. We will also liase between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.

If between time of confirmation and/or actual travel, circumstances require changes, The Tropical Travelers and its third-party Suppliers reserve the right to cancel or vary any itinerary and substitute components of any vacation, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation changes, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on a variety of factors, including the volume of Travelers traveling together. During local and national holidays or 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 not available. Alternatives will be offered whenever possible.  The Tropical Travelers cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason.  These changes will not be considered material changes and will not be considered cause for cancellation by Traveler. Normal cancellation penalties will apply to the vacation that has been changed. If given an option for alternative arrangement(s) by a Supplier, we will provide you with information relevant to the alternative arrangement(s) offered and you have the option to either:

1. accept the changed arrangements;
2. have a refund of some or all monies paid (if offered by the Supplier); or
3. accepting 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 be effective. In certain circumstances, time is of the essence, so if you do not respond in a timely manner 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 or hurricanes, riots or civil commissions 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, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Tropical Travelers that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers, we will refund these 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 be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure event(s).

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. Such a plan, at a minimum, should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel Protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip) and can also help with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. While we may be able to offer some coverage through the tour operator/Supplier we use to book your trip, there are other third-party insurance providers for you to consult with. This responsibility rests solely with each Traveler, and we advise you to do your research and find coverage that best fits your individual 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. The Tropical Travelers cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your Travel Protection, please call your insurer or insurance agent or broker. All claims must be filed with the insurance provider by you and are reviewed, accepted, or declined at the sole decision and discretion of the insurance provider and not The Tropical Travelers.

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

18. Destinations.

Travel to certain destinations may involve greater risk than others. Ther Tropical Travelers urges Travelers to remain informed daily as to current news, 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 destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a 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 that result from travel to such destinations.

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 before booking with us.

We ask parents traveling 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.

19. Non-Responsibility.

The Tropical Travelers, 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 or restaurants, or any other entity that supplies services related to your vacation. All Suppliers are independent contractors and are not agents or 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, and by accepting the coupons, vouchers, and tickets, or utilizing 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 trip 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 or loss of any Traveler that may result from any act or omission on the part of others; The Tropical Travelers and its Representatives assume no responsibility or liability for personal property; and 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 or customs or immigration regulation, delay, or cancellation. The Tropical Travelers and its Representatives accept no responsibility for lost or stolen items. The Tropical Travelers and its Representatives reserve the right to refuse any Traveler or potential Traveler at its sole discretion.

20. Assumption of Risk & Waiver.

Traveler is aware that travel to such area as Traveler is undertaking on the vacation may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles 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 mass bodies of water; your own negligence and/or the negligence of others, including tour guides, other travelers, The Tropical Travelers and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; 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 means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this vacation, Traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby 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 and shall 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/or the negligence of The Tropical Travelers and/or its Representatives, and Traveler hereby covenants not to sue The Tropical Travelers and/or its Representatives for any such claims or join any lawsuit or action that is 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 agreed upon Terms and Conditions, whether by operation of law or otherwise.

21. Indemnification.

Each Traveler is expected to act responsibly and 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 and shall 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 same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Traveler’s breach or violation, or threatened breach or violation, of this Contract and (ii) 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. You should then confirm your requests in writing. While every effort will be made by us to try and 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 any other documentation or that it has been passed on to the Supplier is not confirmation that the request will be met. Failure to meet any 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 upon any special request being met.

23. Pre-Existing Medical Conditions/Persons with Disabilities.

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your vacation, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. The Tropical Travelers will communicate requests to Suppliers, but we cannot be responsible if Americans with Disabilities Act (“ADA”) accommodations are not available. The ADA is only applicable 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. We do not, however, 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 any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Certain Suppliers may require you to produce a doctor’s certificate certifying that you are fit to participate in the vacation prior to confirming your travel arrangements.  If we are unable to properly accommodate the needs of the Traveler(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we may cancel it and impose applicable cancellation charges when we become aware of these details. At no time shall we be liable for any losses, expenses, or refunds resulting from such loss in 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 travels, please be aware that some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren.  If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling.  At no time shall we be liable if you are denied boarding, embarkation, or access to a Supplier due to your pregnancy or a pregnancy of anyone in your travel party.

24. Complaints.

We make every effort to ensure that your arrangements run smoothly, but if you do have a problem during your trip, please inform the relevant Supplier immediately, who will endeavor to solve the problem. 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 a formal written notice of your complaint to us by e-mail 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 letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable Supplier’s ability to investigate your complaint.

25. Non-Disparagement.

The Tropical Travelers enjoys the goodwill of the public community and appreciates feedback for our services and the Supplier’s services. On occasion, you or someone in your travel party may have an experience that is out of the ordinary or not up to the standards for which you were hoping. In these scenarios, we ask that you contact us to discuss your concerns further (per Section 13 above). You hereby agree not to disparage us by leaving a negative statement, review, report, ranking, or other written or oral statement(s) (collectively “Disparaging Statements”) about The Tropical Travelers, or any of our Representatives. Such actions, as stated, are in breach of these Terms and Conditions and shall be subject to damages of $50,000 per occurrence. This clause shall survive termination of this Agreement.

26. Insecticide Notice.

Travelers are encouraged 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: https://www.transportation.gov/airconsumer/spray

27. Cooperation with Law Enforcement.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail 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/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE TROPICAL TRAVELERS OR LAW ENFORCEMENT AUTHORITIES.

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 of the Terms and Conditions will be posted here on this website and are effective immediately on posting. The updated date will be listed on these Terms and Conditions on the top upper left side. Please check frequently, especially before you use this website, to see if these Terms and Conditions have changed. Use of the website after any changes to the Terms and Conditions constitutes your consent to the changes. The updated Terms and Conditions will apply to your active booking(s) with us. If we make a significant change to our Terms and Conditions that impacts your booking with us, we will notify you via the email address you provide to us at the time of booking. Your continued use of our services, including continuing to maintain any booking(s) after notice of the changes to the Terms and Conditions, constitutes your consent to any changes.

29. Governing Law & Jurisdiction.

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State 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 county or federal courts located in Chester County in the State of Pennsylvania.

30. Notice of Claim, Jury Waiver, & 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 hereby agree to waive your right to trial by jury. You agree that you will only bring claims against The Tropical Travelers in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The prevailing party in either case shall be entitled to recovery for all costs of litigation and reasonable attorneys’ fees and costs, which may be incurred.

31. Entire Agreement & Severability

This agreement, including the terms and conditions of our Suppliers, any other documents, including invoices, that we provide you constitutes the entire agreement, and it 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 shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.