Terms and Conditions
THE TERMS & CONDITIONS CONSTITUTE PART OF CLIENT CONTRACT FOR TRIP AND ANY RELATED SERVICES.
PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
Please thoroughly review these terms and conditions of Dragonfly Travel, LLC (also known as Dragonfly Travel). The addressee of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the addressee to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to Dragonfly Travel, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
BOOKING ACCURACY/LEGAL NAMES: Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify Dragonfly Travel immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
TRAVEL DOCUMENTS: Passenger(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases Dragonfly Travel from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited to the requirement that all Passengers procure, and have on their person the proper travel documents at all times. Dragonfly Travel recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.
PAYMENTS: Dragonfly Travel accepts Visa, American Express, Discover, and Mastercard. Dragonfly Travel holds reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received by Dragonfly Travel on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold Dragonfly Travel harmless for cancellation of any booking for either late payment or declination of a credit card.
EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF DRAGONFLY TRAVEL OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF DRAGONFLY TRAVEL OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, DRAGONFLY TRAVEL RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS: Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See, http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.
HEALTH IMMUNIZATIONS: You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. Dragonfly Travel shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel. This includes but is not limited to Covid-19 Vaccinations and boosters that may be required for entry into certain destinations.
AIRLINE RESERVATIONS: UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Client’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Dragonfly Travel shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
PRICING: Prices and availability quoted by Dragonfly Travel are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that Dragonfly Travel is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Dragonfly Travel responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Dragonfly Travel harmless for any actions or damages arising from Supplier pricing.
AIRFARE:
- General Conditions Governing Air Transport
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, Dragonfly Travel acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
All tickets will be issued for economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through Dragonfly Travel may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (Dragonfly Travel recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Dragonfly Travel will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Dragonfly Travel’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Dragonfly Travel. Dragonfly Travel is not able to specify the type of aircraft to be used by any airline. Dragonfly Travel will not provide any refund for Trips missed, in part or full.
2. Luggage
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Dragonfly Travel strongly recommends that you obtain a travel insurance policy covering the value of your items.
3. Limitation of Liability for Air Transport
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT DRAGONFLY TRAVEL IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.
ACCOMMODATIONS AND ACTIVITIES: “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camp grounds, and resorts.
Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by Dragonfly Travel correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. Dragonfly Travel makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
Taking possession of and vacating your room
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. Dragonfly Travel is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
Types of room
Dragonfly Travel makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
Meals
These depend on the meal plan chosen / applicable.
- All-inclusive. This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
- Full board. This includes accommodation, breakfast, lunch and dinner, but no drinks.
- Half board. This includes accommodation, breakfast and either dinner or lunch, but no drinks.
Activities offered during your stay
An activity may not be appropriate for all ages or for individuals with certain medical conditions. Dragonfly Travel may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that Dragonfly Travel is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the customer’s expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRAGONFLY TRAVEL SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
Infants
We ask parents traveling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
Pregnant women
Dragonfly Travel advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip. Dragonfly Travel also advises women who are pregnant or may become pregnant to review the terms and conditions of the travel supplier to assure the supplier will allow you to travel. For example, cruise lines general prohibit travel by women beyond a certain point in their pregnancy. You agree that Dragonfly Travel will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.
Travelers with special needs or disabilities
If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. Dragonfly Travel makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. Dragonfly Travel has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at Dragonfly Travel.
All cancellations MUST be in writing and sent to Dragonfly Travel by email to
Amy@DragonflyTravel.com. Cancellations sent to any other address will not be processed. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by Dragonfly Travel and the supplier.
Cancellations are posted on day that the complete cancellation documents are received by Dragonfly Travel so long as they are received before 5:00 p.m. Eastern Time on a business day. All other cancellations will be posted on the next business day. Example: If an email is received at 6pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email when processed.
Dragonfly Travel reserves the right to charge a cancellation fee of up to 10% of your booking cost, separate and apart from any supplier fees. Client acknowledges and accepts this cancellation fee. This fee will be considered non-refundable and will be charged upon cancellation. Client has the right to submit this cost to through their travel insurance for reimbursement.
TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. Dragonfly Travel is limited to advising you of the need for such coverage.
By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation.
If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.
We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. Dragonfly Travel is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Dragonfly Travel due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Dragonfly Travel cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that Dragonfly Travel has no control over the travel insurance provider or its coverage decisions, and as a result Dragonfly Travel is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
AGENT/INTERMEDIARY: Dragonfly Travel is simply an intermediary between the Suppliers and the public. Dragonfly Travel does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that Dragonfly Travel shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than Dragonfly Travel or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Dragonfly Travel is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Dragonfly Travel is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
Dragonfly Travel recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to Dragonfly Travel at the time of reservation upon initial booking so Dragonfly Travel can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that Dragonfly Travel shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While Dragonfly Travel prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that Dragonfly Travel shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall Dragonfly Travel be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
FORCE MAJURE: Dragonfly Travel will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of Dragonfly Travel. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of Dragonfly Travel’s Suppliers have terms and conditions which govern Client’s trip, and Client is advised that if travel Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, although Dragonfly Travel shall use its reasonable efforts to secure reimbursement for you where possible.
CLIENT CONDUCT: Each participant in any trip escorted by Dragonfly Travel is expected to act responsibly and adhere to all behavior guidelines established by Dragonfly Travel and our Suppliers. Dragonfly Travel and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health, or your conduct appears to endanger yourself or others or disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with Dragonfly Travel, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Dragonfly Travel or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
CURRENCY FLUCTUATIONS: Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred. Dragonfly Travel is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
RIGHT TO CORRECT ERRORS: We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment and additional late booking fees.
LIMITATION OF LIABILITY: Without limitation, Passenger(s) assume the risk of, and agree that Dragonfly Travel is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
MODIFICATION OF TERMS AND CONDITIONS: The Terms and Conditions may be amended or modified by Dragonfly Travel at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with Dragonfly Travel. Without this acceptance any order is subject to cancellation at any time.
The failure of Dragonfly Travel to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Dragonfly Travel does not guarantee it will take action against all breaches of this these Terms and Conditions.
SEVERABILITY: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
HEADINGS: Headings are for reference purposes only and do not limit the scope or extent of such section.
MANDATORY ARBITRATION / FORUM / CHOICE OF LAW: The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Georgia. The Parties agree that the arbitration shall take place in Effingham County, Georgia and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against Dragonfly Travel. If Passenger(s) fails to submit their claim to arbitration and instead files suit, Dragonfly Travel shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and Dragonfly Travel agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
SPECIAL TERMS RELATING TO 2019 NOVEL CORONAVIRUS (COVID-19 "CORONAVIRUS")
Coronavirus COVID-19 Release, Assumption of Risk, Waiver of Liability, Indemnity Agreement & Agreement to Terms and Conditions The 2019 Novel Coronavirus* (COVID-19 “Coronavirus”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected. Client is fully aware of the current global Coronavirus COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved if choosing to travel. Client understands that it is his/her responsibility to check the latest travel information regarding this virus outbreak with the CDC. https://wwwnc.cdc.gov/travel/notices Client understands that it is his/her responsibility to have travel insurance to ensure they have coverage for all medical needs and trip cancellation, but understands that concerns or fear of travel is not a covered reason for cancellation relating to the Coronavirus/ Covid-19 and will be denied. Client holds Dragonfly Travel, LLC harmless for election to not purchase travel insurance or any denial of claim by travel insurer as it relates to Covid-19 or any other claim under the policy. Travel insurance generally only covers unforeseen events. Most insurers classified COVID-19 as a 'known event' late January 2020. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. Client understands that he/she is bound by the terms of the insurance policy as it relates to Coronavirus/Covid-19. Client is aware of the travel warnings, travel restrictions and rules and understands the risks, is accepting of these and holds Dragonfly Travel LLC harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider, financial loss, quarantining rules or measures put in place at airports or destinations you are traveling through. Client further agrees to hold Dragonfly Travel LLC harmless for any financial penalties or fees imposed by the by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider due to cancellations or postponements due to Covid 19 and agrees not to institute a credit card dispute or “charge back” to Dragonfly Travel for said penalties or fees.
Client is aware that additional screening procedures and restrictions may take place at airports and in public areas. Client is aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains or other means of transport. Client is aware that Immigration restrictions may be put in place before or during your travels that may impede your ability to enter or exit your destination as planned.
Client is aware that it is his/her personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to the Coronavirus COVID-19 and takes full responsibility for his/her actions with regards to this.
Client understands and confirms that Dragonfly Travel LLC, after reasonable inquiry, has provided client with the best available information regarding pandemic protection policies provided by travel suppliers, including but not limited to airlines, hotels, cruises lines, tour agencies, transfer agencies or any other provider involved in clients booking, but that said suppliers may not enforce or apply said polices. Additionally, client understands and is aware that even if said travel suppliers make a good faith effort to enforce said pandemic policies and procedures, some travelers may refuse to cooperate with said policies. Client further holds Dragonfly Travel LLC harmless for any injury or harm that may arise.
In consideration of the opportunity afforded to me and with full knowledge and acceptance of the risks associated with travel, I hereby release, indemnify, hold harmless and covenant not to sue Dragonfly Travel LLC, its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with this trip . I make these covenants, release and waivers knowingly and voluntarily. It is further understood and agreed that this Coronavirus/Covid 19 Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is to be binding on my heirs and assigns and I sign it of my own free will. I hereby acknowledge that this Agreement to be binding by my signature for all travelers listed under this booking.
INTERNATIONAL TRAVEL
Client understands that any testing requirement indicated for international travel by the United States government or the government of the destination visited may cause client and / or members of their traveling party to be quarantined in their destination for an unspecified amount of time if client and /or members of their traveling party test positive or show other signs of infection or sickness. Client further understands that they may incur additional out of pocket costs for said quarantine or delay in departure or denial of boarding by the airline. Client understands that travel insurance may or may not cover any additional expenses incurred with this Order and that it is client's responsibility to submit a claim with their insurance provider to request coverage of out of pocket expenses. Dragonfly Travel will inform clients of testing and quarantine procedures in place by their destination and hotel/resort, if any. However, client understands that these procedures can change without notice. It is the client's responsibility to ensure that they comply with testing protocols in satisfaction of the CDC Order.
Client also agrees to the Terms and Conditions, which constitutes client's contract for trip and any related services, as set forth
In consideration of the opportunity afforded to me and with full knowledge and acceptance of the risks associated with travel, I hereby release, indemnify, hold harmless and covenant not to sue Dragonfly Travel LLC, its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with this trip . I make these covenants, release and waivers knowingly and voluntarily. It is further understood and agreed that this Coronavirus/Covid 19 Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is to be binding on my heirs and assigns and I sign it of my own free will. I hereby acknowledge that this Agreement to be binding for all travelers listed under this booking.
