Terms & Conditions

1. SERVICE CONTRACT

 

We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you (“Terms and Conditions”).  Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waivers of class action and venue selection and notice clauses. By asking us to confirm your booking and/or providing us with your non-refundable deposit, you are acknowledging that you have read, accept and agree with all of these Terms and Conditions and those of our suppliers, which are incorporated herein by reference (copies of which may be provided to you upon request). 

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If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group. AB Travel reserves the right, in its sole, absolute, and unfettered discretion, to refuse any and all booking requests or travel-related inquiries, for any reason or no reason, including, without limitation, having our travel-related services operating at maximum capacity.

 

You represent and warrant that:

(i) you are of sufficient age to use our services and website (https://www.abtravelcoordinates.com) and can create binding legal obligations in connection with your use,

(ii) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and

(iii)  the information supplied by you, or members of your group is true and correct.

 

You agree that any violation of any part of these Terms and Conditions may result in:

(i)  the cancellation of your reservation or purchase,

(ii)  your forfeiture of any monies paid for your reservation or purchase, and

(iii)  your being denied access to the applicable travel-related product or service.

 

Changes to these Terms & Conditions: AB Travel reserves the right, in our sole, absolute, and unfettered 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 upon posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions have changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions, constitutes your consent to said changes.

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2. BOOKING, PAYMENTS, LATE FEES, PRICE & RATE CHANGES

 

Booking: When you are ready to start your next travel adventure simply complete the trip registration form linked to each “Book Now” tab.  For private group tours, fill out the contact information form under the website’s Contact tab (including any details about your desired trip).  Following this, Avis herself will personally get in touch with you.

 

Following confirmation and receipt of the deposit (as determined by the total cost of your booking, as calculated by AB Travel at our sole discretion), you will receive a detailed vacation plan, an invoice with payment information, and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked.  Once a service is confirmed, the price is locked in and will not increase. Deposits are only refundable for 24 hours from your submission of said payment, and following said 24-hour period all deposits, payments, monies, and any other sums paid to AB Travel shall become NON-REFUNDABLE.

 

Upon booking, we will provide you with instructions for payments and all due dates. You must make all payments in full and on time. If you are booking a trip within 90 days of the departure date, full payment will be due at the time of booking confirmation, and no payment plan shall be available. If full payment, regardless of when you booked, is not received 90 days prior to the departure date, we reserve the right, without notice to you, to cancel your travel, retain all NON-REFUNDABLE deposits and monies, and apply the cancellation charges set out in the cancellation section below. Failure to make payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

 

Traveler Information: We would like to bring to your attention the importance of accuracy regarding the information on your travel documentation. Names provided to secure reservations must match travelers’ passports. 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.

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Once payment for your trip is processed, you will receive i) a receipt and ii) any applicable travel documents. Please review said documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.

 

Payments: While we accept the following major credit cards: Visa, Mastercard, American Express, and Discover, as well as PayPal and Apply Pay, travelers must provide to us a click or signed authorization for every transaction paid via credit card for your trip. Your authorization is an agreement for us to charge your card and an acknowledgment and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

 

In certain cases, you have the ability to 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. AB Travel retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s 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 AB Travel or a supplier; and

• Chargebacks resulting because you do not agree with the cancellation policy.

 

Payment Plans: AB Travel is pleased to offer monthly payment plans on all group travel packages. The first payment shall be due and payable on the 15th of the following month after your travel is booked, and each subsequent monthly payment shall be due and payable on the 15th of each month thereafter until the balance is paid in full.

 

Fees:  Failure to make a payment as and when due hereunder constitutes a breach of these terms and conditions and our contract, and shall result in the potential cancellation of your reservation (in AB Travel’s sole discretion) as well as the imposition of the following NON-REFUNDABLE late fees:

• Monthly Payment Late Fees:  Any missed or late monthly payments are subject to a $50.00 late fee if said payments are not received by AB Travel within three (3) days after the applicable payment due date and are subject to cancellation after two (2) consecutive months of missed payments.

• Final Payment Late Fee: Invoices not paid in full by one (1) day following the applicable final payment due date will incur a one-time late fee of $250.00 that AB Travel and any related bookings/reservations are subject to immediate cancellation.

• Reinstatement of Reservations Fee: If your travel reservations have been canceled, and you notify us within 14 calendar days of cancellation that you want to reinstate your reservation, a service reinstatement fee of $200.00 will be added to your invoice and must be paid in advance, along with the full amount past due, to apply for reconfirmation of services. AB Travel does not guarantee that your exact booking/reservation will still be available, and you agree to allow AB Travel to make substitute accommodations if your initial travel reservations cannot be entirely reconfirmed.

 

Price and Rate Changes:  The price of your itinerary will be based on known costs at the date of issue of the itinerary.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.  Prices include a cost for local taxes that are estimated at the date of publication.  At the time of booking confirmation, we will provide you with an invoice reflecting the current price.

 

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment.  Any increase in your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

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3. TRIP ITINERARY, TOUR INCLUSIONS & EXCLUSIONS, ITINERARY CHANGES

 

For specific details relating to your tour, please refer to the details as specified in your itinerary. In connection with group tours, the following are generally included (subject to the specific inclusions and exclusions as explicitly outlined in the group’s final itinerary, and further subject to changes to your itinerary as described in these Terms and Conditions):

 

What’s Included in Your Tour:

Accommodations: Accommodations are provided as expressly detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms, and smoking preferences must be made at the time of booking.  While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request.

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Travelers should be aware that hotel room sizes, standards, and facilities can vary regionally and are often different from standards in the United States.  This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning, and compliance with other standards such as ADA and wheelchair accessibility.  One of the joys of exploring the world is experiencing different regions, architecture, and ways of life, so we hope that you will accept these differences with grace and a sense of adventure. AB Travel does not permit room upgrades, of any type, and any request for a room upgrade will be declined. Sometimes, and without notice, a hotel will upgrade a Traveler’s room from a standard room.  You understand and acknowledge that such an upgrade is not guaranteed and is subject to the availability of the supplier.

 

AB Travel reserves the right, if necessary, to substitute other similar accommodations for those listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for accommodation over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at AB Travel’s sole, absolute and unfettered discretion and no refunds will be offered for changes in accommodations. Additionally, AB Travel does not assist with roommate pairing. In order to book a double occupancy spot, it is your responsibility to already have an accompanying roommate named at the time of booking.  Any traveler that has not provided roommate information during the time of booking will have a one-month grace period to submit their roommate information to AB Travel.

 

While we exercise due diligence in the selection of our partners, accommodation profiles are based on information provided to us by the supplier.  This includes images and descriptions of the properties and rooms.  Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While AB Travel does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

 

Transfers: AB Travel may occasionally include select transfers to and from the hotels, but only as explicitly described in your itinerary. You must be on time for all transfers.  There will be no refund for missed or unused transfers. You must provide us with your flight information no less than 30 days prior to departure to ensure transfers will be available.  If at any time your flight plans change, you must notify us immediately.  Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.

 

Notwithstanding the foregoing, AB Travel does not assist with transportation from airports to hotels or other accommodations, nor transfers in connection with day-of arrivals or departures, and it is your sole responsibility to make suitable transportation arrangements in connection with any airport transfers. AB Travel shall not be liable for any missed flights, connections, or check-ins as a result of any traveler’s failure to obtain adequate transportation.

 

Meals: Meals are as indicated in the itineraries and are based on the applicable hotel or restaurant’s normal menu. Beverages (including without limitation alcoholic beverages) are not included unless explicitly stated, special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, AB Travel and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise suppliers of your request, but we cannot guarantee their availability.

 

Sightseeing and Other Activities: Sightseeing tours and activities are included as provided in the itineraries.  As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences.  Tours and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available.  It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size, and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated. 

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What's NOT Included With Your Tour:

Any items and matters not expressly referred to in your itinerary are not included in the tour price. This can include, but is not limited to, items such as roommate matching/preferences, international and domestic airfare, checked and/or excess baggage; passport and visa fees; trip protection insurance and/or insurances of all kinds; transfers (including, without limitation, transfer to and from the airport and hotel); gratuities; laundry; phone calls; minibar; beverages and meals; optional experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses (including your return home) if you leave the guided holiday/vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government, or any other reason. The aforesaid lists are illustrative and not a complete list of every item not included.

 

Changes to Itineraries:  AB Travel reserves the right to make changes to its published itineraries that we deem insignificant or due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.

 

While no changes are anticipated, there may be occasions when certain alterations become necessary.  These can be due to religious holidays, national celebrations, or unforeseen events including weather, tide schedules, governmental closures, acts of God, or any other reason. AB Travel reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites.  No tours will be canceled due to renovations, although AB Travel may choose to amend itineraries for such sites.  These changes will not be considered material changes and will not be considered cause for cancellation by the guest. 

 

If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement.  In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.

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Non-Operation of Group Tours: Some tours are based on a minimum number of participants.  AB Travel makes every effort to ensure that tours meet their minimum requirements.  However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of AB Travel. In such case, guests will be advised at least 30 days prior to departure.  AB Travel reserves the right to change the departure date, and we also may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided.  Any air cancellation will be in accordance with the terms of the carrier and AB Travel will not be liable for the carrier’s refusal to make any refund whatsoever.  In such case AB Travel will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.

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4. TRIP CANCELATIONS

 

Cancelation Made by Traveler: AB Travel is required to pay all suppliers well in advance of your tour date.  This includes but is not limited to accommodations, meals, admission/venue tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, you must inform AB Travel immediately in writing and request a written confirmation of your cancellation.

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason, we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage, as such insurance coverage may be your only means of receiving reimbursements or refunds for any expenses (including any non-refundable sums) incurred in connection with your travel.

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Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refunds.

 

Cancelation or Changes by AB Travel: We reserve the right to cancel or reschedule any group departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements.  We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above.  Guest is responsible for any additional costs for air tickets and all other travel arrangements not made by us.

 

If between planning time and/or during actual travel, circumstances require changes, AB Travel and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing tours may be altered as described above. AB Travel 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 the traveler. Normal cancellation penalties still apply to the tour that has been changed.

 

No Refund For Unused Arrangements.  As AB Travel’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion whatsoever, and any such sums shall be deemed NON-REFUNDABLE.

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5. RESERVATION TRANSFERS WITHOUT CANCELATION

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Upon your request and AB Travel’s consent, you may transfer any existing, uncancelled bookings/reservations to another person or a new trip, provided you pay to AB Travel a $100.00 fee per changed booking/reservation, and further subject to the following:

• Transfers to New Trips: Transfers to new trips may only be made up to six (6) months before the departure date of the trip currently reserved. The transfer can be to any trip that is currently available for booking. Any transfer requests made within six (6) months of the originally booked tour will not be approved and all monies paid to AB Travel shall be NON-REFUNDABLE.

 

• Transferring To Another Person: Transfers to third parties must be knowingly and consciously accepted by said third party in writing, and said third party must assume all of your responsibilities, obligations and duties hereunder. A copy of said writing must be provided to AB Travel or your transfer will not be approved and all monies paid to AB Travel shall be NON-REFUNDABLE.

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​5. TRAVEL INSURANCE

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It is the traveler’s responsibility to protect their purchases, and in order to travel with AB Travel you are REQUIRED to purchase or otherwise obtain travel protection insurance coverage that includes a minimum of $100,000.00 U.S. Dollars in coverage for:

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(1) Emergency Medical Coverage,

(2) Emergency Medical Evacuation, and

(3) Repatriation of your remains should you perish.

 

Additional ‘cancel for any reason’ coverage, trip interruption and baggage coverage is strongly recommended and may be your only way to obtain reimbursement or refund for any non-refundable sums paid to AB Travel or its Suppliers hereunder. 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). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.

 

All travel insurance policies should cover all applicable travel dates with AB Travel. Proof of insurance coverage must be submitted to AB Travel Coordinates at least 60 days before your trip’s departure date, and failure to do so may result in the cancellation of your travel (in AB Travel’s sole discretion) and the forfeiture of all monies paid thus far to AB Travel, which shall be NON-REFUNDABLE. AB Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. AB Travel cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker for more information.

 

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. AB Travel cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan 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 in violation of the terms hereof, AB Travel will not be liable whatsoever for any of your losses howsoever arising.

 

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6. REQUIRED TRAVEL DOCUMENTATION

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Travel to certain destinations may involve greater risk than others. AB Travel 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 certain international 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 complying with 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 and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, AB Travel will not be liable for damages or losses that result from travel to such destinations.

 

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up to date requirements US citizens should visit www.travel.state.gov. When travelling 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. AB Travel 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-USA 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.

 

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

 

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 traveler to miss flight(s), and subsequent scheduled travel bookings tours.  AB Travel 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.

 

 

7. HEALTH AND SAFETY

 

For the safety or our guests, AB Travel reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

 

Pre-existing Medical Conditions/Persons with Disabilities. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.

 

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, 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. AB Travel will communicate requests to suppliers, but we shall not be responsible if ADA (or similar) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the United States may not be in compliance with the Americans with Disabilities Act and other similar acts and may not have wheelchair accessibility.

 

Our suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify AB Travel at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

 

Insecticide Notice:  Travelers are encouraged to 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 U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

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COVID-19 Release of Liability: By booking a tour 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 or they 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 tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by AB Travel.

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You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine if you test positive at any point on a tour. Some locations may require you to have a vaccination.  You are responsible for understanding these requirements and must not rely on AB Travel to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.

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You agree that due to uncertainty caused by COVID-19 AB Travel has strongly encouraged the purchase of travel protection coverage, including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, AB Travel shall not be liable to any losses howsoever arising. AB Travel shall not be liable for any COVID-19 losses not covered by your selected travel protection coverage.

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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 AB Travel, its owners, members, 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, 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 these Terms and Conditions, whether by operation of law or otherwise.

 

 

8. RELEASE OF LIABILITY AND ASSUMPTION OF RISK

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LIMITATION OF LIABILITY AND DAMAGES AGAINST AB TRAVEL:  AB TRAVEL AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES USE THIRD PARTY SUPPLIERS TO ARRANGE TOURS, TRANSPORTATION, RENTAL CARS, SIGHTSEEING, LODGING, AND ALL OTHER SERVICES AND PRODUCTS RELATED TO YOUR TRAVEL. WE ARE AN INDEPENDENT CONTRACTOR AND ARE NOT EMPLOYEES OR AGENTS OR REPRESENTATIVES OF ANY SUPPLIERS. WE DO NOT OWN, MANAGE, OPERATE, SUPERVISE, OR CONTROL ANY TRANSPORTATION, VEHICLE, AIRPLANE, HOTEL OR RESTAURANTS, OR ANY OTHER ENTITY THAT SUPPLIES SERVICES RELATED TO YOUR TRIP.  ALL SUPPLIERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OR REPRESENTATIVES OF OURS. 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 AB Travel nor its employees, agents, or representatives are or may be liable for any loss, injury, death, accident, delay, irregularity, or any other damages or expenses to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond our control. we assume no responsibility or liability AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, PANDEMIC, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW).  WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER OR GOVERNMENTAL AUTHORITY. THE FACT THAT WE INCLUDE OR OFFER ANY PRODUCT OR SERVICE ON/THROUGH OUR WEBSITE AND/OR TRAVEL COMPANY SERVICES DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE AND/OR TRAVEL COMPANY SERVICES ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICE. WE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SUPPLIER THROUGH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SUPPLIERS AND YOU HEREBY EXONERATE US FROM ANY LIABILITY WITH RESPECT TO THE SAME. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL AB TRAVEL BE liable TO TRAVELER for anything more than FIFTY PERCENT (50%) of THE commission earned BY AB TRAVEL on the APPLICABLE trip.

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Force Majeure: AB Travel 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 health 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 travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by AB Travel 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 we can recover any monies from our suppliers, we will refund these to you without any charge by AB Travel. The original non-refundable deposit and any other monies paid to AB Travel will not be returned as it accounts for the work we did in planning your tour.

 

Non-Responsibility for Supplier: AB Travel, and its employees, shareholders, agents, and representatives (collectively, also “AB Travel”) use third-party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour (collectively, “suppliers”). AB Travel is an independent contractor and is not an employee, agent, or representative of any of these suppliers. AB Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents, employees, affiliates, or representatives of AB Travel. 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 AB Travel shall not be liable for any loss, injury, or damage to any tour 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 AB Travel. AB Travel assumes 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; AB Travel assumes no responsibility or liability for personal property; and AB Travel 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. AB Travel accepts no responsibility for lost or stolen items.

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Assumption of Risk/Waiver:  Traveler is aware that the nature of travel to areas undertaken on the trip 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; your own negligence and/or the negligence of others, including tour guides, other travelers, AB Travel 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 in the enjoyment and excitement of this trip, 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 and agrees to and shall hold harmless and fully release AB Travel (including its owners, employees, agents, and assigns) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of AB Travel and traveler hereby covenant not to sue AB Travel for any such claims or join any lawsuit or action that is suing AB Travel. This agreement also binds your heirs, legal representatives and assigns.  The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

 

 

9. RELEASE OF INDEMNIFICATION

 

Indemnification: Traveler agrees to and shall indemnify, defend, release and hold harmless AB Travel (including its owners, employees, agents, and assigns) from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by AB Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from:

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(i) traveler’s breach or violation, or threatened breach or violation, of these terms and conditions;

(ii) any damage, costs or expenses caused or incurred by traveler while participating in the trip;

(iii) traveler’s breach of any law or rights of any third party;

(iv) any defect, negligence, or other wrongful act or omission or any failure of performance of any kind by any airline, hotel, ground transportation, or other supplier or travel provider;

(v) any claim for inconvenience, loss of enjoyment, mental distress, or other similar claims;

(vi) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates;

(vii) overbooking, flight cancellation, lost or misconnected baggage, or any claim arising out of any vacation package's air transportation portion; and

(viii) your use of AB Travel’s website or any travel documentation provided to you by AB Travel.

 

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10. TRAVELERS CONDUCT

 

Each traveler is expected to act responsibly and adhere to all behavior guidelines established by AB Travel and our suppliers. AB Travel and our suppliers reserve the right, in our sole, absolute and unfettered discretion, to remove you from any part of the trip if it is reasonably believed that the traveler has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or AB Travel representatives and our suppliers, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or has failed or refused, or is failing or refusing, to follow AB Travel’s or our suppliers’ rules and procedures. In the event a traveler is removed, such traveler may be left at any city without any liability to AB Travel or its representatives or suppliers. AB Travel shall not be required to refund any portion of the price paid by any traveler who is removed under the terms of this paragraph, nor shall AB Travel be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the traveler.

 

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11. PHOTOGRAPHIC/VIDEO LIKENESS

 

Traveler hereby gives its consent, and grants a royalty-free license, to AB Travel to publish any photographs and/or videos of the trip or Traveler in printed or electronic media without obtaining further consent and without compensation, as well as approve of such use by third parties whom AB Travel may engage without any remuneration to participant. Traveler hereby assigns to AB Travel all right, title, and interest in or to any and all media in which his or her name or likeness might be used. Traveler releases AB Travel and its representatives from any liability in connection with any use of such photographs and/or video.

 

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12. CHOICE OF LAW/VENUE/CLASS ACTION WAIVER/LIMITATION of DAMAGES/NOTICE OF CLAIM

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The validity, interpretation and performance of these Terms and Conditions and any dispute connected herewith shall be governed by and construed to be in accordance with the laws of the state of Georgia without regard for conflict of law principles. All questions or disputes between you and AB Travel shall be decided by a single arbitrator operating under American Arbitration Association Rules in Fulton County, Georgia. This arbitration clause is a waiver of jury trial or bench trial and such arbitration shall be binding upon the parties. If any action at law or in equity, including arbitration, is necessary to enforce or interpret the terms and conditions hereof, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which they may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. AB Travel shall not in any case be liable except as expressly permitted hereunder, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against AB Travel unless you have first provided a typewritten (and not emailed) notice of such claim to AB Travel within 30 days after the trip or cancellation of the trip. Please understand that we cannot consider any complaints, refund requests, issues with your travel or any other post-vacation submissions if you did not provide AB Travel with a reasonable opportunity to assist you during your trip.

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13. RECOMMENDATIONS

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Baggage Fees: 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. AB Travel is not responsible for additional fees incurred for baggage or seating.

 

Re-confirm Your Flight:  AB Travel advises you personally to re-confirm your flight schedule within 24 hours of departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online within 24 hours of departure.

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14. MISCELLANEOUS

 

Traveler may not assign or delegate any of its rights or obligations under these Terms and Conditions. These Terms and Conditions are binding upon the heirs, personal representatives, successors, and permitted assigns of Traveler. AB Travel’s failure to insist on compliance or enforcement of any provision of these Terms and Conditions shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms and Conditions. These Terms and Conditions (including any exhibits, schedules or addenda attached hereto) contain the entire agreement of the parties with respect to the subject matter hereof and supersede any prior written or oral agreements or understandings. If any provision of these Terms and Conditions (or any portion thereof) is determined to be invalid or unenforceable the remaining provisions of these Terms and Conditions shall not be affected by such determination and shall be binding upon the parties and shall be enforceable as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms and Conditions.