Terms & Conditions

TERMS & CONDITIONS

CONSENT TO TERMS AND CONDITIONS

Access to and use of the services of Kelly Clarke Travels and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms and conditions govern the relationship between Kelly Clarke Travels and you, the Customer. These terms restrict your rights and remedies and provide protection to Kelly Clarke Travels. These also include warranty disclaimers and liability exclusions. By using this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or Kelly Clarke Travels services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, DO NOT USE THIS WEBSITE OR KELLY CLARKE TRAVELS SERVICES. No alterations to these terms and conditions may be made by any Kelly Clarke Travels employee, authorized representative or agent, unless in writing by an authorized officer of Kelly Clarke Travels.

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found here; examples are DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Kelly Clarke Travels strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see here for forms. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.

When you receive any and all travel documents, it is the sole responsibility of the customer to review and verify all information. Contact Kelly Clarke Travels immediately if changes or corrections are required.

INDIVIDUAL ENTRY AND EXIT REQUIREMENTS

Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers.

RISKS/SAFETY

Travel to certain destinations may involve greater risk than others. Kelly Clarke Travels urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.faa.gov, www.cdc.gov,

and www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going here.

BY OFFERING FOR SALE TRAVEL PLANNING TO PARTICULAR DESTINATIONS, KELLY CLARKE TRAVELS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.

USE OF KELLY CLARKE TRAVELS ACCESS AND INFORMATION FOR TRAVEL BOOKINGS

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Kelly Clarke Travels by any means, including our website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Kelly Clarke Travels communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Kelly Clarke Travels is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Kelly Clarke Travels shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Kelly Clarke Travels and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Kelly Clarke Travels debiting your account for any costs Kelly Clarke Travels incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Kelly Clarke Travels.

PAYMENTS AND CANCELLATIONS

Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to Kelly Clarke Travels in writing. As a result of cancellation, Kelly Clarke Travels and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, each supplier’s websites. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your Kelly Clarke Travels agent. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.

AIR, CHECK-IN, SCHEDULE RECONFIRMATION

UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Kelly Clarke Travels shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.

LATE BOOKINGS

Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.

TOUR AND/OR EXCURSION CANCELING

The tours and excursions booked by Kelly Clarke Travels are not regulated, owned, or operated by Kelly Clarke Travels in any capacity. These are third party companies. You are subject to their terms of service and refund policies. If a tour or excursion booked by Kelly Clarke Travels cancels or otherwise is not performing their contracted duty to you, Kelly Clarke Travels may make a good-faith effort to make new arrangements for you, but is not obligated to do so. Refunds should be handled with the company providing the service.

CURRENCY FLUCTUATIONS

Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.

ALTERATIONS TO CONFIRMED BOOKINGS

If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $25 or more per change/per person are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to Kelly Clarke Travels.

HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS

Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodations for security rules imposed by government authorities. Kelly Clarke Travels shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department website here, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control here relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States

visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cb p.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and www.uscis.gov for non-USA citizens. (Customer is responsible to make Kelly Clarke Travels aware when traveling on a passport from a country other than the USA.) Kelly Clarke Travels neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Kelly Clarke Travels is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification found here. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.

E-TICKETS

E-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

Kelly Clarke Travels acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of Kelly Clarke Travels. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Web sites, which govern the transaction. All bookings are accepted by Kelly Clarke Travels as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites. BECAUSE KELLY CLARKE TRAVELS ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS,

YOU AGREE KELLY CLARKE TRAVELS IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. KELLY CLARKE TRAVELS HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH KELLY CLARKE TRAVELS OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF KELLY CLARKE TRAVELS CONTROL, AND YOU HEREBY EXONERATE KELLY CLARKE TRAVELS FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Kelly Clarke Travels control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Kelly Clarke Travels. Kelly Clarke Travels reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. Kelly Clarke Travels shall not assume any responsibility for any air and/or ground schedule changes. Kelly Clarke Travels has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from Kelly Clarke Travels will be limited to the commission and fees paid by Customer actually received by Kelly Clarke Travels.

FORCE MAJEURE

“Force Majeure” means, in relation to Kelly Clarke Travels, any circumstances beyond the reasonable control of Kelly Clarke Travels, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).

Kelly Clarke Travels 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. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

If Kelly Clarke Travels, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Kelly Clarke Travels to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Kelly Clarke Travels shall use its reasonable efforts to reimburse you where possible. However, Kelly Clarke Travels shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Kelly Clarke Travels of the Force Majeure and applicable cancellation fees.

Regarding civil unrest, once Kelly Clarke Travels has investigated the prevailing situation, as it deems fit, it shall remain in Kelly Clarke Travels.Travel’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to Kelly Clarke Travels and each supplier’s terms and conditions.

TRAVEL INSURANCE

KELLY CLARKE TRAVELS OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and Kelly Clarke Travels and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Kelly Clarke Travels. Employees of Kelly Clarke Travels are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.

ALTERATIONS IN TRAVEL PLANS

Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of Kelly Clarke Travels and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.

NO COPYING OR EDITING

No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is prohibited.

RESERVATION OF RIGHTS: CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.

ACCESS TO PASSWORD PROTECTED/SECURED AREAS

Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.

RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY

We reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.

GENERAL

The laws of the State of California, USA, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Contra Costa County, USA, in all disputes arising out of or relating to travel bookings with Kelly Clarke Travels, including the use of the Kelly Clarke Travels website. Use of the Kelly Clarke Travels website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Kelly Clarke Travels with respect to travel bookings made with Kelly Clarke Travels by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and Kelly Clarke Travels with respect to communications with Kelly Clarke Travels, including the Kelly Clarke Travels website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

The information and images contained on this website, including downloadable files, are protected by copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced or reused for any other purpose without due acknowledgement and advance written permission of the copyright holder.

The content on this website is provided for information purposes only. While every effort has been made to ensure the accuracy and completeness of this information, Kelly Clarke Travels makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also offers links to other Internet sites which are outside of Kelly Clarke Travels control. It is the responsibility of users to make their own decisions about the accuracy, reliability and correctness of information contained on these sites.

Terms & Conditions

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