Welcome to VOY Travel! It is our pleasure to provide the travel planning services described below in accordance with this Service Agreement (herein, the “Agreement”). VOY Travel LLC, located at 10125 NW 31 Ct, Sunrise, FL 33351 (“VOY Travel”) is referred to collectively in this Agreement as “we”, “us” and “our”. The “Travel Planning Services” includes Services provided by VOY Travel, the VOY Travel website, application, and related software, associated content and other services. The Travel Design Services is sometimes referred to interchangeably or collectively in this Agreement as the “travel planning services” or “Services”.
You agree to this Agreement, including any agreements or policies incorporated herein by reference, by submitting payment to VOY Travel upon receiving an invoice, or any other industry standard mechanism during the travel planning registration process, or by accessing or using any aspect of the Itineraries, and you ratify your agreement when you access or use any aspect of the Itineraries. If you do not agree to this Agreement, you may not use the Itineraries.
This Agreement for Travel Planning Services is made by and between VOY Travel LLC (the “Travel Advisor”) and the party who agrees to this agreement (the “Client”). Whereas Travel Designer is in the business of providing professional travel planning services; and whereas Client wishes to engage the services of Travel Designer, subject to the terms and conditions contained herein.
Now therefore, and in consideration of the mutual covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following terms and conditions set forth below.
Travel Advisor shall provide travel planning services (herein the “Services”) for Client, including, but not limited to, itinerary design, air travel, and hotel bookings (herein the “Travel Products”) as requested and approved by Client. Additional Concierge Services are available including: restaurant reservations, transportation, spa appointments, activities, private tours, etc. Exact fee for Concierge Services is based upon the scope of services needed.
Client shall issue a planning fee to Travel Designer (herein the “Initial Planning Fee”) based on the scope of the trip, which is determined by Travel Designer based on the initial “Plan Your Journey” form in order to commence the Services. Once this Agreement is signed and the Initial Planning cost is received, Travel Designer will begin all planning Services. Costs for purchasing the Travel Products shall be borne by Client, and shall be paid directly to the company providing the Travel Products (herein the “Travel Product Providers”).
A. Client shall provide their credit card billing information at the time of booking, and Client’s credit card will remain on file to be used for ticketing/booking the Travel Products unless otherwise specified by Client.
B. All Travel Product purchases are subject to Client approval prior to ticketing/booking, and Client understands that fares and costs quoted to Client by Travel Designer are subject to availability and change until the Travel Products are paid and ticketed/booked.
C. Client shall promptly inform Travel Advisor in the event that Client wishes to change the travel destination originally specified by Client. Client must allow Travel Designer to work on researching and booking the new Travel Products prior to Client booking the travel with another agent or company, or on their own.
D. Client understands that all Travel Products are subject to the specific terms and conditions of the Travel Product Providers, and Client is responsible for any penalties and fees associated with the Travel Products.
E. Client understands that hotels must be booked directly by Travel Designer. If Client books a hotel recommended by Travel Designer, or decides to book other hotels without consulting Travel Designer prior, then 10% of the total booked will be due to Travel Designer to cover the loss in commission. Credit card/loyalty program points cannot be used, as it removes the ability for Travel Designer to be compensated for said recommendations.
F. Client understands that travel insurance is strongly suggested. Travel Designer will offer travel insurance to Client, but should Client decline to purchase said insurance, Client understands that typically no refunds are offered by Travel Product Providers in the event that circumstances cause interruption, cancellation or dissatisfaction with the Travel Products.
z Client is responsible for ensuring that they have all necessary travel documentation, passports, and visas. Client is also responsible for ensuring that their passports are valid at least six (6) months past their scheduled trip return date.
Client understands and agrees that Travel Advisor’s role is that of an advisor and facilitator, and Client shall be responsible for making the actual selections of all Travel Products and schedules/itineraries. Client shall contract directly with all Travel Product Providers and other persons who may provide services, goods, or accommodations in connection with Client’s travel. Client shall be responsible for and shall satisfy all financial obligations owed to such Travel Product Providers or other persons in connection with the services, goods, or accommodations they provide. Client shall indemnify, hold harmless, and defend Travel Advisor from and against all demands, claims, actions, expenses, losses, damages, and liabilities (including, without limitation, attorneys’ fees), related to any services, goods, or accommodations which any person other than Travel Advisor may provide or undertake to provide in connection with the travel, whether or not arising from any negligent act or omission. Travel Advisor is not responsible for any Travel Product Provider’s performance, or lack thereof, and Client expressly agrees to waive any claims, demands, or actions against Travel Advisor with respect to the recommendations by Travel Designer and the goods and services of any Travel Product Provider.
Client understands and agrees that Travel Advisor shall not be responsible or liable in any way for any kind of property damage (including, but not limited to, damage to Client’s baggage, clothing, or other property); any kind of loss, delay, inconvenience, injury, or death caused by, arising from, or in connection with, any act, omission, defect, or incident related to any car, plane, boat, bus, motorcycle, scooter, rail, or other vehicle or mode of transportation used, rented, or traveled in by Client; claims or causes of actions caused by, arising from, or in connection with, the negligence, willful misconduct, strikes, defaults, or any other act or omission by any Travel Product Provider, including, but not limited to, airlines, car rental companies, hotels, land and sea transportation providers, and restaurants. Should Client not enjoy their travel experience, or experience circumstances such as travel delays, unexpected changes, and/or inclement weather, Travel Advisor shall not be responsible or liable in any way. Client agrees that, to the fullest extent permitted by law, Travel Advisor’s liability for any claim, breach, or damage by reason of any act or omission, including breach of contract and negligence, shall be limited solely to repayment of the Service Fee paid by Client to Travel Advisor. Client agrees that, to the fullest extent permitted by law, Travel Advisor shall not be liable for any claims for punitive damages, consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues, and/or replacement costs. Travel Advisor’s employees shall not in any manner be personally liable for any acts or omissions and Client hereby waives any right to seek relief from any such individuals. Client acknowledges and agrees that these limitations reflect a fair allocation of risk and that Travel Advisor would not enter into this Agreement without these limitations on its liability.
Should Client wish to terminate this agreement for any reason, the Initial Planning Fee shall be retained by Travel Advisor. Client must notify Travel Advisors in writing, which includes email, and upon termination of the Agreement, Travel Advisor shall have no further responsibility with respect to working with and/or communicating with Client.
A. Force Majeure.
No party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.
B. Confidentiality.
Travel Advisors owns, possesses, or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort, and money, both of a technical and business nature, relating to Travel Advisor, including, but not limited to, planning documents, instructional documents, checklists, compiled travel information/tips, and the terms of this Agreement (herein “Confidential Information”). Client agrees to use all best efforts to protect Travel Advisor’s interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit or transfer the Confidential Information to any third party without Travel Designer’s prior written consent.
C. Entire Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement. Except as expressly stated in this Agreement, Travel Advisor has made no representation to Client with respect to the subject matter of this Agreement, and Travel Designer has made no representation that has induced Client’s execution and delivery of this Agreement.
D. Waiver of Contractual Right.
No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid, and no evidence of any such waiver or modification shall be offered or received in evidence in any proceeding between parties that arises out of or affects this Agreement, or the rights or obligations of the parties under this Agreement, unless such waiver or modification is in writing and duly executed by the party to be bound by such waiver or modification.
E. Notices.
All notices of cancellation/ termination must be written and signed by Client and emailed to Sebastian Uribe at sebastian@voy.travel.
F. Dispute Resolution.
Any dispute or claim arising under or in any way related to this Agreement shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement and other rights and remedies afforded to them by law. Following unsuccessful resolution via mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of disputes within the jurisdiction of the Broward County Small Claims Court (claims of $10,000.00 or less), shall be submitted to binding arbitration. The parties shall select a single arbitrator, and the arbitration shall take place in Broward County, Florida. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial or other proceeding related to claims and disputes arising out of this Agreement shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys’ fees, and similar costs, will be due to the prevailing party.
G. Counterparts.
This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement, and the Agreement shall be binding on each party upon the date of signature.
H. Severability.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.i. Assignability and Parties of Interest. No party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other parties, which consent shall not be unreasonably withheld or delayed. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement
J. Controlling Law; Jurisdiction.
The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the state of Florida, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Broward County, Florida.