UNDER DEVELOPMENT
Traveler
Services Agreement
The
Traveler Must Confirm the Accuracy of the Travel Invoice
The traveler must verify booking details, rate information, passenger
information and all other information included on their invoice. If there is any
incorrect information on an invoice, the traveler must contact GTI's
Headquarters at 2600 Lake Lucien Drive, Suite 201, Maitland, FL 32751 (1-800-951-5979
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within 24 hours of receiving the invoice and request that the incorrect
information be changed. Failure to contact GTI's
Headquarters within 24 hours of receiving the invoice may result in the
incurrence of additional charges for such corrections.
The Traveler is Responsible for Knowing the Conditions at Destination(s)
GTI has no special knowledge regarding unsafe conditions, health hazards,
security, political instability, social, labor or civil unrest, weather hazards
or climate extremes at destinations to which you or your clients may travel. For
information concerning possible dangers at your or your client's destinations
and medical information, GTI recommends that the traveler contact independent
third party sources, including, without limitation, the Travel Warnings Section
of the U.S. State Department at (202)
647-5225
begin_of_the_skype_highlighting (202)
647-5225 end_of_the_skype_highlighting
or www.travel.state.gov and the Centers for Disease Control at (877)
FYI-TRIP
begin_of_the_skype_highlighting (877)
FYI-TRIP end_of_the_skype_highlighting
or www.cdc.gov/travel. The traveler voluntarily assumes all risks involved in
their travel, whether expected or unexpected. GTI is not liable for any
injuries, damages or losses caused to the traveler in connection with terrorist
activities, civil, social or labor unrest, mechanical or construction failures
or difficulties, diseases, local laws, climatic conditions, abnormal conditions
or developments, or any other actions, omissions, or conditions or developments
or conditions outside GTI's control.
The Traveler is Responsible for Complying with All Laws and Travel
Requirements
The traveler, and not GTI, is responsible for (i)
compliance with the applicable laws, rules and regulations of the destination,
(ii) checking and verifying any and all identification, passport, visa,
vaccination, or other entry requirements at destinations to which the traveler
and (iii) checking with immigration offices, embassies and consulates to ensure
compliance with all applicable laws, rules and regulations. United States
Immigration determines the documents that passengers must have in their
possession in order to leave and return to the U.S. Neither GTI nor any airline,
hotel, car-rental company, tour operator, cruise line or other service provider
named in the traveler's itinerary (collectively, "Suppliers") are
responsible if the traveler is denied boarding for any reason, including,
without limitation, failure to posses the required documentation.
Payment for Travel Purchases and Reservations
It is the traveler's responsibility to make all payments for travel purchases
and reservations when due. Failure to make all payments when
due may result in an automatic cancellation of the traveler's purchases and
reservations. If the traveler fails to make all payments for travel
purchases and reservations when due, GTI may, at its option, (i)
cancel the travel purchases and reservations, (ii) assess late fees and
penalties for past due balances to the maximum extent allowed by law, (iii)
process the balance due and all associated late fees and penalties (for past due
amounts) on any credit card GTI has on file for the traveler, (iv) offset the
balance due plus any late fees and penalties against any type of commissions due
by GTI to the traveler and (iv) hold any documents, without liability to the
traveler, that GTI may have in our possession until the balance due and all
associated late fees and penalties (for past due amounts) are paid.
The Traveler Must Comply with the United Stated Border Security Act
The United States Border Security Act requires all airlines and cruise lines to
collect immigration information from each passenger prior to their travels to or
from the United States. As of
March 1, 2003
, all cruise lines must
electronically report a manifest of all passengers on each cruise prior to their
arriving at the port on embarkation day. This manifest includes personal
information about each passenger including name, gender, birth-date, residency,
citizenship, and passport data (if applicable). GTI is required to obtain this
information for each passenger no later than the time of final payment. Any
passengers who have not submitted all the needed information before they arrive
at their ship can expect very long delays. If a passenger does not supply all
required data, he/she may be denied boarding without a refund.
Trip Cancellation
The traveler, and not GTI, is responsible to be familiar with the penalties
assessed for cancellation of their travel purchase and reservations.
Cancellation policies vary greatly between Suppliers. All travel purchase and
reservations should be deemed non-refundable, non-cancelable and non-changeable
unless otherwise advised in writing by a GTI representative.
GTI Recommends the Traveler Use a Credit Card to Pay for Their Purchases
GTI recommends the use of a credit card to pay for purchases so that the
traveler may exercise their rights under the Fair Credit Billing Act if they do
not receive the services they purchased. Paying with cash, check or debit card
does not provide the traveler with this kind of protection and is strongly
discouraged by GTI.
GTI Recommends The Traveler Obtain Insurance
GTI recommends the traveler purchase appropriate insurance coverage against
unsafe conditions, health hazards, security, political instability, social,
labor or civil unrest, weather hazards or climate extremes at destinations to
which they may travel. GTI also recommends the traveler purchase Travel
Protection Insurance to protect the traveler from penalties for canceling their
travel purchases and reservations under certain circumstances. We further
recommend that the traveler not purchase Travel Protection Insurance from the
Supplier in the event the Supplier becomes financially insolvent. Finally, we
recommend that the traveler carefully examine the Travel Protection Insurance
limitations from a third party insurance provider as inclement weather,
terrorism and related acts, pre-existing conditions, etc. may not be covered by
the policy. It is the traveler's responsibility to determine what type of
insurance coverage is best for them. GTI assumes no liability for counseling the
traveler on insurance.
Warranty Exclusions
GTI MAKES NO, AND GTI'S SUPPLIERS AND DISTRIBUTORS MAKE NO, WARRANTY OF ANY KIND
REGARDING OUR PRODUCTS AND SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS
IS" BASIS. GTI AND GTI'S SUPPLIERS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL
WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitations on GTI's Liability
GTI SHALL NOT BE, AND GTI'S SUPPLIERS AND DISTRIBUTORS SHALL NOT BE, LIABLE TO,
THE TRAVELER, THE TRAVELER'S TRAVEL COMPANIONS OR GROUP MEMBERS OR ANY THIRD
PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS
OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) BREACH OR
VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) THE BREACH OF
CONTRACT, FAILURE TO COMPLY WITH ANY LAWS SUCH AS THE AMERICANS WITH
DISABILITIES ACT (ADA), AND/OR ANY INTENTIONAL OR NEGLIGENT ACTIONS OR OMISSIONS
ON THE PART OF ANY SUPPLIER IN SELLING TRAVEL RELATED SERVICES, OR IN ACCEPTING
RESERVATIONS OR BOOKINGS FOR SERVICES. IN NO EVENT WILL GTI BE LIABLE FOR ANY
TYPE OF LOSS TO THE TRAVELER CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING,
BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS,
WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD.
If, despite the limitation above, GTI, a provider or a distributor is found
liable for any loss or damage which arises out of or is in any way connected
with any of the occurrences described in the limitation above, then GTI's
liability and the provider's and distributor's liability will in no event
exceed, in total, the sum of US$250.00. Some states do not allow the limitation
of liability, so the limitations above may not apply to the traveler.
GTI has no special knowledge regarding the financial condition of the Suppliers
and advises the traveler to evaluate the financial condition of each Supplier.
GTI assumes no responsibility for and shall not be liable for any refund,
personal injury, property damage, or other loss, accident, delay, inconvenience
or irregularity which may be caused by (i) the acts
or omissions of the Suppliers or any party not under GTI's
control, (ii) the failure of Suppliers to provide services or adhere to their
own schedules, (iii) any defaults, wrongful or negligent acts, or omissions of
the Suppliers, or (iv) any defect in or failure of any vehicle, craft,
equipment, or instrumentality owned, operated or otherwise used or provided by
the Suppliers. Unless the term "guaranteed" is specifically stated in
writing on your tickets, invoice, or reservation itinerary, GTI does not
guarantee any Supplier's rates, bookings, reservations, connections, scheduling,
handling of baggage or other personal effects.
Arbitration and Governing Law
In the event of a dispute between The Traveler and GTI, The Traveler and GTI
agree that a prompt and fair resolution, without the time and expense of formal
court proceedings, would be in both parties' mutual interests. All disputes
shall be submitted to final and binding arbitration to be conducted in
Orange County
,
Florida
, or a location closest to
Orange County
,
Florida
if no such location
for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND
DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the
following three arbitration firms and follow its rules and procedures for
initiating and pursuing an arbitration:
· American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY
10017-4605 (phone: 800-778-7879
begin_of_the_skype_highlighting 800-778-7879
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(http://www.adr.org)
· National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191
(phone: 800-474-2371
begin_of_the_skype_highlighting 800-474-2371
end_of_the_skype_highlighting)
(http://www.arb-forum.com)
· JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810
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(http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party
filing the arbitration will select another of the firms. Each party will bear
its own expenses, and the parties will share equally the filing and other fees
of the arbitration firm and the expenses of the arbitrator, except that the
arbitrator will be entitled to award a different allocation of costs and fees
where the arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other
damages not measured by the prevailing party's actual damages, except as may be
required by statute. Any award in arbitration initiated under this clause will
be limited to monetary damages and will include no injunction or direction to
any party other than the direction to pay a monetary amount, except as required
by statute or to comply with the terms of the contract. Any award rendered by
the arbitrator will be final and binding upon each of the parties, and judgment
thereon may be entered in any court having jurisdiction thereof. The Federal
Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been
entered, this Agreement will remain in full force and effect unless otherwise
terminated as provided hereunder. If a provision of this clause is held to be
invalid, the remainder of the clause will remain in full force and effect, and,
to this end, the provisions of this clause are severable.
This Agreement and all transactions between the traveler and GTI shall be
governed by, and construed and enforced in accordance with, the internal laws of
the State of
Florida
, without regard to
principles of conflicts of laws.
