BOOKING TERMS AND CONDITIONS
WANDERMUST JOURNEYS,LLC
The following terms and conditions (referred to herein as this “Agreement”) apply to all travel services, including in-person or telephone travel consultations and reservations, email or online bookings or inquiries, personalized or customized tours and any other service offered for sale or otherwise provided by , Wandermust Journeys LLC (hereinafter referred to as “Wandermust”, “we,” or “us”) a Limited Liability Company organized in the State of New Jersey.
By using our Services to consult with one of our travel consultants; book a tour or make other travel arrangements; paying a deposit or signing this Agreement, you accept all of the terms in this Agreement on your own behalf and on behalf of all persons listed on the booking, including any traveler under the age of 18 under your custody, care or control (“Minor”) (also referred to individually as "You" or “Traveler,” and collectively as "You" or “Travelers”), and direct us to perform services for each and every Traveler. The Terms and Conditions set forth in this Agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Wandermust with respect to any and all bookings, reservations, tours, or transactions made with Wandermust.
You may contact Wandermust by phone at+1 (732)-798-2812, by e-mail at romita@wandermustjourneys.com, or by mail at 3570 Route 27, Suite 121, #300, Kendall Park, NJ 08824-1049.
Online and Other Terms and Conditions Incorporated by Reference
This Agreement incorporates by reference and includes: (1) our liability waiver and release agreement which Traveler is required to sign in order to book any travel arrangements; (2) the terms and conditions appearing in our brochures, sign-up reservation forms whether published in print or online (including our website, www.wandermustjourneys.com, and in any social media sites owned or controlled by Wandermust); (3) our privacy policy and any other legal information or disclaimers published on our website, (4) the information web page for a specific itinerary, travel offer, travel experience or tour; (5) any personal or customized itineraries; and (6) any other Wandermust policies that you sign in order to book travel. Additional terms and conditions may apply to some travel bookings and may be provided to you in a pre-travel packet (collectively referred to as "Comprehensive Terms and Conditions"). These Comprehensive Terms and Conditions are subject to change at any time and without notice. As such, we encourage you to check our website periodically for any changes. You may also call or email us for the current version of our Comprehensive Terms and Conditions at any time after you book your trip. In the event of a conflict, these Comprehensive Terms and Conditions govern.
Independent Third-Party Suppliers/Responsibility
Wandermust is acting as a mere agent for all suppliers of services and conveyances advertised and/or sold by Wandermust. Any and all suppliers of services and conveyances advertised and/or sold by Wandermust are third party vendors and Wandermust retains no ownership interest, management, or control of those third party vendors. To the fullest extent permitted by law, Wandermust does not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of any third parties (including third party vendors), governmental authority, or acts attributable to you yourself, including, without limitation, negligent or reckless acts, even if Wandermust has been advised that such damages were possible or probable.
You acknowledge that Wandermust uses travel Suppliers which have their own contracts covering refunds and cancellation policies, Supplier loyalty rewards programs and a wide range of other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms. You are, therefore, encouraged to closely review each supplier's terms and conditions before booking your trip.
Insurance Requirements
Although we do not require insurance, to protect your investment in the event you need to cancel travel, trip cancellation and travel accident insurance is highly recommended. Travel insurance should cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should there be a cancellation.
Payments
Your method of paying for travel services is determined by each supplier's payment policy. However, any major credit card will normally suffice as a method of payment. We also strongly recommend that you use a credit card for your travel purchases, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased. We use a third party payment gateway to process credit card payments.
Cancellations or Changes by You
Cancelling a trip or changing a booked itinerary is no fun, and it can also be very expensive. Many of our clients have to cancel each year for various and unpredictable reasons. Additionally, if you need to make changes after your travel plans have been confirmed, for example, adding or subtracting nights, changing dates, changing rail passes, hotels, or meal plans, we will be happy to help when we can. Please keep in mind changes are not always possible, especially when one change affects subsequent nights or in the case of airline tickets or rail passes. As a result, it is in our sole discretion whether to accept a change request.
All cancellations, alteration or change requests must be received in writing (mail, email, or fax). Further, cancellation fees are based on the date we receive your written notification, not when you send the notification. Depending on Supplier policies, changes or cancellations requested by Travelers after travel reservations have been confirmed may be subject to an administration fee for each change or cancellation request. Any Supplier refunds that are due will be refunded to you.
Please be advised that many airlines and certain other Supplier policies do not permit any cancellations or refunds for confirmed travel, especially if the request is made within one month of travel. That is why we strongly encourage you to buy trip cancellation and interruption insurance. Please be further advised, that if you ask us to use your airline mileage account, hotel points program or other loyalty rewards to book and pay for travel or upgrades that it is very unlikely that a Supplier will agree to restore mileage, points or credits to your loyalty rewards account should you need to cancel or change your travel dates or itinerary.
Unused Portion of Tour (no refunds)
No refunds will be provided for any unused portion of a customized tour once the tour begins, including but not limited to if you leave a tour for any reason, miss the tour’s departure date or an activity, or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.
Cancellations or Changes by the Supplier
Please be advised that a third-party supplier may cancel, alter or modify any travel service they provide without prior notice for a range of reasons and causes, including but not limited to airline schedule changes, airline codeshare arrangements, low tour enrollment, and for circumstances of Force Majeure, which is defined in this Agreement below.
Force Majeure
We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of our obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including, but not limited to, acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
If any of our third-party suppliers are affected by Force Majeure, our third-party suppliers may be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the trip. If a third-party supplier is forced to significantly alter or cancel your confirmed booking due to Force Majeure, which is rare, we will attempt to let you know as soon as possible.
Limitation of Remedies
You agree that the sole remedy for any default by Wandermust arising under this Agreement shall be the return of the paid cost for travel, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Wandermust shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Wandermust has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
Pre-Departure Documentation
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. This Agreement, our liability waiver, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you before departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this Agreement.
Compliance with TSA Secure Flight Rule
All airline tickets and other travel documents will be issued in the name(s) of the passenger(s) listed in the booking data you provide us and once issued may not be available for a name change. It is Traveler’s responsibility to carefully observe all applicable formalities and ensure that the surnames, middle names and surnames used for all passengers when making a booking with us and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), exactly correspond with those appearing on your government issued identification used for travel.
Wandermust does not accept any responsibility if you are denied boarding on an aircraft or entry into a secure section of an airport due to the failure on your part to carry or obtain the correct documentation or identification or for any other reason. If your failure to do so results in fines, surcharges, claims, financial demands or other financial penalties being imposed on Wandermust, you will be responsible for indemnifying and reimbursing us accordingly, with charges automatically being made to your active card.
Passports and Visas
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for your entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release Wandermust from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. While we may provide information on such matters as a courtesy to you, we are not responsible for any errors or omissions as to the information provided. We are not responsible for delays, changes, or cancellation costs due to incorrect, incomplete, or expired traveler documents.
Baggage
We are not responsible for securing or protecting your baggage or personal belongings at any time during travel.
Many airlines are now charging auxiliary fees for checked luggage and other airline services in addition to the cost of your airline ticket. Please check with your particular airline carrier’s website or via phone to determine these costs prior to your departure.
Airline Hazardous Materials Restrictions
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. Go to http://www.tsa.gov/traveler-information or contact your airline representative for more information on traveler requirements and restrictions by the Transportation Security Administration (TSA).
Post-Purchase Price Increase
You are hereby advised that the airline tickets, air tours and the services offered by other Suppliers are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a government, airline or other Supplier of travel services. You agree to pay additional sums to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange rates or any combination thereof. You agree that Wandermust may charge the credit card that you maintain on file with us to pay for any post-purchase price increase.
Travel Advisories & Warnings
While we continuously monitor the areas we visit as reasonably possible, it is your sole responsibility to become informed about the areas where you are about travel to including any travel advisories and warnings issued by government authorities in your country. In the U.S., consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. We also encourage you to register you with the State Department's Smart Traveler Enrollment Program (STEP) to receive alerts and warnings that may issue in the future regarding your travel destinations. STEP enrollment enables the US embassy or consulate in the destination country to better assist you in case a personal emergency arises during your overseas travel. You are responsible for protecting your own well-being and personal property before, during, and after your trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your doctor and/or travel clinic for the areas visited.
Applicable Law, Alternative Dispute Resolution, Choice of Forum, and Severability
You agree that this agreement will be interpreted according to the laws of the State of New Jersey in the United States.
You further agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the State of New Jersey.
If good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Middlesex County, New Jersey. You agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by you in a court outside of Middlesex County, New Jersey, you agree to pay Wandermust's costs and reasonable attorney fees associated with defending such action or proceeding. You also agree to bring any action against Wandermust arising from this agreement within two years from the date of the signature of this agreement.
If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law.
Seller of Travel Licenses
Wandermust is not a registered Seller of Travel in California, Florida or Washington. However, it sells travel through a host agency which is licensed to sell travel in the aforementioned three states. Wandermust is not authorized to conduct business as a Seller of Travel in Iowa or Hawaii and, therefore, does not accept customers from those states.
Severability and Successors and Assigns
If any provision of this Agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. This Agreement shall inure to the benefit of, and be binding upon, you and Wandermust and your respective heirs, legal and personal representatives, successors and assigns.
Merger
This Agreement is the final, complete and exclusive statement of the parties’ Agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
Effective Date: January 2018 (Vers. 1/18)