Terms and Conditions
These terms and conditions (the "Agreement") describe what you are legally entitled to expect when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us", and "our" refer to Michelle’s Travel Nook, LLC. The term "you" and “your” refers to the individual who signs this agreement. The term "supplier(s)" refers to any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary. It is understood that the individual signing this agreement is doing so on behalf of their family, group, or traveling companions.
Michelle’s Travel Nook, LLC acts as a sales agent for the suppliers. We are not responsible for acts or omissions of the suppliers or their failure to provide services or adhere to their own schedules. We assume no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the suppliers; (3) any wrongful or negligent acts or omissions on the part of any other party not under Michelle’s Travel Nook, LLC control; and (4) any supplier price drop after your travel arrangements have been confirmed, paid in full, or ticketed. You hereby release Michelle’s Travel Nook, LLC from all claims arising out of any problem covered in this paragraph.
Travel arrangements involving airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. We will notify you of any such price increases. You hereby consent to any such price increases and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms. Michelle’s Travel Nook, LLC has no special knowledge regarding the financial condition of the suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at www.travel.state.gov. For medical information, we recommend contacting the Centers for Disease Control at www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release Michelle’s Travel Nook, LLC from all claims arising out of any problem covered in this paragraph.
You understand that Michelle’s Travel Nook, LLC is not responsible for cancellations due to pandemics, epidemics or other citywide, countywide, statewide, nationwide or worldwide crises. You understand that you are responsible for letting us know if resort conditions are unsatisfactory during your trip. You understand that we cannot control issues and changes with flights including delays. You understand that we cannot be held responsible for change fees and other fees involved in changing any and all travel plans. This includes fees owed due to missing cruise ports due to excursions booked outside the cruise line.
TRAVEL INSURANCE
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You understand that declining travel insurance could result in the loss of your travel costs and/or require more money to correct the situation. You also acknowledge that without insurance, there may be no way to recoup any losses, costs or expenses incurred. We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
TRAVEL DOCUMENTS
Michelle’s Travel Nook, LLC highly recommends that each person in your travel party has a passport valid for at least 6 months past the end of your trip. It is your responsibility to determine and obtain the correct travel documents for your travel party.
Only credit/debit card payments are accepted. All travelers are required to complete a credit card authorization form and no payments will be processed unless the form is completed.
Final payment dates are clearly noted on the itinerary and/or website of the event you have selected. All late payments will be assessed a late fee of $100. You must contact Michelle’s Travel Nook, LLC prior to final payment if there will be a delay in making the final payment. If you fail to make your final payment by the final payment date, your reservation will automatically cancel and all previous payments will be forfeited.
DOCUMENTATION
Our general practice is to send documents to our customers electronically whenever possible.
TRAVEL CHANGES AND CANCELLATIONS
Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees will apply in addition to any additional Supplier charges. The Standard Change Fee is $50 per reservation in addition to any change fee charged by the supplier or airline.
Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased. Changes to name details are not allowed by many airlines and other Suppliers. While we will make every possible attempt to make such a change, if necessary, please bear in mind that most airlines and suppliers treat a name change as a cancellation, to which standard conditions and charges would apply. In situations where pricing is dependent on the number of travelers, a cancellation by one or more individuals will cause the total reservation to be re-booked at the current rate. It is the responsibility of the remaining travelers within the same reservations to ensure all payments are made.
We will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result.
Subject to the supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving a credit.
If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave, we will contact you by email or telephone to advise you of this. Please ensure that you have given your contact email address and telephone number to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes. After you have departed, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Flights must be taken in the sequence they appear on your ticket or e-ticket confirmation. If you plan not to take a flight as it is booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
If you cancel your arrangements, you will not be entitled to a refund. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer. All cancellations must be made in writing and emailed to travel@michellestravelnook.com. There is a cancellation fee of $50 per person, which must be processed before cancellation can occur.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
If you have a problem during your vacation, please inform the relevant supplier (e.g., your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us using the contact information you were provided upon booking. If you fail to contact us in a timely manner, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
INDEMNIFICATION
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
PRIVACY POLICY
You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us with the supplier(s). Your personal information will not be used for any other purpose. You represent that you have read and agree to the terms of our privacy policy, which can be found at our website.
FORCE MAJEURE
The Company and its affiliates shall be excused from liability for the failure or delay in performance of any obligation under this Agreement by reason of any event beyond the Company’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, any strike or labor disturbance, epidemic, pandemic or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Company has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. You agree to accept reasonable alternatives to the planned itinerary which would include but is not limited to postponement of or rescheduled guaranteed tour departure, full supplier vouchers or partial supplier vouchers.
Notice of the Company’s failure or delay in performance due to force majeure must be given to the affected Party promptly thereafter but no later than seven (7) days after it’s occurrence. The notice, delivered by email or postal mail, shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
You agree to waive all claims for special, indirect, or consequential damages. You agree to indemnify and hold us harmless from and against our liability to third parties (including your guests and companions) arising from you or your guests’ or companions’ actions or omissions. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US.
Changes to this agreement must be made in writing and signed by both you and us.
Once we have completed the services described herein, this agreement will terminate automatically, except with respect to limitations on our liability and with respect to your indemnity.
RESERVATION OF RIGHTS TO AMEND
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website for the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
By paying the $50 planning service fee, you are consenting to all of the terms and conditions of this agreement.
Effective: August 1, 2023