Effective as of August 15, 2023
ENGLISH
SUN & FUN TRAVELS, LLC LICENSE AGREEMENT AND TERMS OF SERVICE
IMPORTANT
Please read the following Terms and Conditions (“Terms and Conditions”) carefully before using. They govern the relationship between Sun & Fun Travels, LLC d/b/a Sun & Fun Travels (“Sun & Fun Travels” and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with Sun & Fun Travels, you agree to be bound by these terms and acknowledge that Sun & Fun Travels acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (together referred to as “Supplier(s)” or “Services”), and is not the source or provider of the travel services and only acts as booking agent. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to Sun & Fun Travels.
If you do not agree with any part of these terms and conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES. Sun & Fun Travels reserves the right in its sole discretion to amend this agreement at any time by posting the amended terms on this site. (www.sunandfuntravels.com)
1. Use of Sun & Fun Travels services, access and information for travel bookings
You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement and to make travel bookings with Sun & Fun Travels. You agree to be financially responsible for all of your travel bookings and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with Sun & Fun Travels and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by Sun & Fun Travels as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider for your travel.
You are responsible for all of your activity in connection with any travel and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. Taking any of the following actions shall constitute a material breach of this Agreement and Terms:
1. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services, including the APP;
2. Impersonating another person or harvesting, allowing any other person or entity to use your identification for posting or viewing, or scraping or otherwise collecting information about others;
3. use of the Services that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
4. use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
5. use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, pyramid schemes, or repetitive messages to anyone;
6. using the Services for any purpose in violation of local, state, national, or international laws;
7. upload or transmit any communications that infringe or violate the rights of any party;
8. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Terms and Conditions.
2. Payments and Cancellation
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Sun & Fun Travels. By accepting these terms, you are authorizing Sun & Fun Travels to use your payment method (credit card, travel credit or gift card) to book with all travel Sun & Fun Travels and our Suppliers and purchase travel products such as event tickets, excursions, transportation, airfare, expedited services, pre/post night stays or other package components from our Suppliers on your behalf.
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 SUN & FUN TRAVELS OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF SUN & FUN TRAVELS OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, SUN & FUN TRAVELS RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and paid in full. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to Sun & Fun Travels in writing. As a result of cancellation, Sun & Fun Travels and third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund. Additionally, you will incur a $100 cancellation fee from Sun & Fun Travels if your trip is cancelled to cover time the advisor spent planning your vacation. You can avoid our cancellation fee by rescheduling your trip rather than cancelling, knowing that you may incur additional reschedule fees on behalf of the Supplier.
When you receive any and all travel documents, it is your responsibility to review and verify all information for accuracy. Contact Sun & Fun Travels immediately if changes or corrections are required.
3. Travel documents, including TSA and DHS acceptable identification requirements
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. 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 Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
Sun & Fun Travels 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-United States citizens may require additional documentation. Client is responsible to make Sun & Fun Travels aware when traveling on a passport from a country other than the United States of America. Sun & Fun Travels neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, Sun & Fun Travels is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants also require 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; please see https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
4. 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: https://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?top=8
5. Air Travel
Sun & Fun Travels shall not assume any responsibility for any air 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.
Due to enhanced security, it is strongly recommended that you check in a minimum of two (2) hours prior to scheduled departure for domestic flights and three (3) hours prior to scheduled departure time for international flights. Reconfirm flight times at least twenty-four (24) hours prior to scheduled departure time for domestic flights, and seventy-two (72) hours prior for international flights.
6. Right to Correct Errors/Offers
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.
7. Tour Operator/ Supplier Rules & Restrictions
Vacation packages, tours, excursions or any other travel available through Sun & Fun Travels will be subject to the published conditions of carriage and, as appropriate, rules of the applicable airline, accommodation, car rental company, or attractions and services provider. The following terms and conditions will apply:
1. Any package including an airline ticket purchase is subject to the terms and conditions listed in the Airline Service section;
2. Any package including an accommodation purchase is subject to the terms and conditions listed in the Accommodation section;
3. Any package including a car rental purchase is subject to the terms and conditions listed in the Car Rental section above; and
4. Any package including a tour or attraction purchase is subject to the Terms and Conditions listed in this Terms and Conditions document and is subject to the terms and conditions set forth by the tour and attraction provider.
The following terms and conditions will apply to rental car requests made:
1. Sun & Fun Travels rental car reservations are non-changeable, non-endorse-able, non-transferable and non-refundable to or by you.
2. Valid Driver’s License AND credit card or, in the rental car company’s discretion, debit card, which is consistent with the transnational details provided to Sun & Fun Travels, must be presented when a vehicle is picked-up at the designated location;
3. When picking up the vehicle, a credit card or, in the rental car company’s discretion, debit card, will be required to pay for any additional ancillary charges (including insurance, child seats, gas, etc.). Debit cards may not be accepted;
4. Sun & Fun Travels does NOT provide rental car insurance. It is the customer’s sole responsibility to determine the applicability and eligibility of any pre-existing insurance coverage. Sun & Fun Travels’s car rental Suppliers generally offer several insurance alternatives as an incremental and completely distinct transaction, which the customer can purchase at the time of pick-up. In some instances, it may be possible to purchase rental car insurance at the time of booking your services. If this is desired, please inquire.
5. All rentals will include time and mileage only and are subject to road tax and other charges as per terms of the rental car company
6. Express service and loyalty programs (frequent flyer points, frequent rental points, etc.) are not applicable to Sun & Fun Travels rentals.
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to Sun & Fun Travels.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and Sun & Fun Travels bears no responsibility for any changes.
Proper protocol must be followed to report any issues. Failure to do so will eliminate our ability to properly handle the issue, and Sun & Fun Travels will not be held responsible for any loss that occurs due to the issue.
If you experience an issue with a service or tour, you must first contact the number or numbers of the service provider listed on your voucher, itinerary or other documentation. If you are unable to reach someone at the numbers provided, you must call the emergency number of the country you are visiting and of the service provider. If you are unable to reach someone at that number, you must then contact the USA office. If it is after hours, you must call the USA emergency number. Once you have reached the service provider, you must fully explain the issue and provide them with a contact number to reach you. If the issue is not resolved to your liking, you must call our office to inform us of the issue. If our office or our emergency number is not contacted, we will not be able to assist you with your issue, and we will be unable to offer a resolution that is speedy and fair.
If you experience an issue with a hotel or other overnight accommodation, you must first contact the property manager to see if the issue can be resolved at the property. If not, please follow the protocol for service or tour issues.
Should any complaints arise with regards to any services, accommodations or tours, the matter must be promptly reported by the guest to the tour leader if on a tour, to the hotel AND directly to Sun & Fun Travels Sun & Fun Travels will supply you with local and international numbers for any problems that arise. All complaints will be dealt with fairly and without delays. The guest must notify Sun & Fun Travels within 12 hours of any issues during the period of their stay in order for Sun & Fun Travels to take immediate action so as to solve the matter during your stay. Sun & Fun Travels and its subsidiaries will not be held responsible for any complaints received after the fact or after you have departed from the hotel, villa or service which the complaint applies. If Sun & Fun Travels is not immediately notified and we are not given the opportunity to correct the problem we cannot be held responsible.
Sun & Fun Travels reserves the right to refuse service to anyone for any reason. If at any time a representative of the agency is treated in an unfair, disrespectful, rude, abusive, obnoxious or bullying manner, services will immediately discontinue and no refund will be provided. If hotel, tour, transportation, or other services are booked and paid for at this time, the agency will provide the client with the information needed to continue the booking. In some cases, a booking may be canceled and refunded minus any penalties and fees.
8. Limitations of Responsibility and Disclosure
Sun & Fun Travels acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of Sun & Fun Travels. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE SUN & FUN TRAVELS ACTS AS AGENT FOR SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT SUN & FUN TRAVELS IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. SUN & FUN TRAVELS HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH SUN & FUN TRAVELS, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF SUN & FUN TRAVELS’S CONTROL, AND YOU HEREBY EXONERATE SUN & FUN TRAVELS FROM ANY LIABILITY WITH RESPECT TO THE SAME. SUN & FUN TRAVELS HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM SUN & FUN TRAVELS WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY SUN & FUN TRAVELS.
9. Risks/Safety
Travel to certain destinations may involve greater risk than others. Sun & Fun Travels urges clients to remain informed on a daily basis as to current news events, 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 health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, SUN & FUN TRAVELS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
10. Currency Rates
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. Sun & Fun Travels is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
11. Travel Insurance/Travel Protection Plans
Sun & Fun Travels offers access to travel insurance to protect passengers and their investment in travel. Unless specifically noted, travel insurance is not included in the cost of client’s itinerary to protect against third party supplier default/bankruptcy protection, delay, interruption, missed connection for cruises, cancellation, medical emergency transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Proper insurance may protect you from financial loss in almost all circumstances.
Without appropriate travel insurance, Client understands and agrees that if the client cancels or interrupts the client’s travel for any reason, portions of the trip/tour may not be refunded and Sun & Fun Travels’ and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Sun & Fun Travels, however if you decline to purchase insurance, Sun & Fun Travels will require that you execute an insurance waiver.
Sun & Fun Travels is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. Sun & Fun Travels cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy it may offer or quote.
12. NO WARRANTY PROVIDED
A. THE SERVICES PROVIDED BY SUN & FUN TRAVELS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER SUN & FUN TRAVELS, NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
13. GOVERNING LAW
A. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Sun & Fun Travels in connection with your interaction with Sun & Fun Travels shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to the conflict of laws rules thereof.
14. General
A. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
B. These Terms constitute a binding agreement between you and Sun & Fun Travels and are accepted by you upon your use of the Services. These terms and conditions constitute the entire agreement between you and Sun & Fun Travels regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Sun & Fun Travels regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. Both you and Sun & Fun Travels acknowledge and agree that no partnership is formed and neither you nor Sun & Fun Travels has the power or the authority to obligate or bind the other.
C. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
D. The failure of Sun & Fun Travels to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
E. The failure of Sun & Fun Travels to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Sun & Fun Travels shall not be deemed a breach of this agreement. If Sun & Fun Travels fails to act with respect to your breach or anyone else’s breach on any occasion, Sun & Fun Travels is not waiving its right to act with respect to future or similar breaches.
F. The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
G. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.