Terms and Conditions of Booking

The purchase of your travel booking constitutes a contractual agreement between the traveler(s), customer(s), and/or purchaser(s) (collectively as "You" and "Traveler" and/or “Client”), and No Shady Beach Travel ("We", "Us") pursuant to the following terms and conditions ("Terms", "Agreement"):

By planning travel with No Shady Beach Travel, you agree to be bound by these terms and acknowledge that No Shady Beach Travel acts solely as a booking agent for disclosed (“Supplier(s)”) and is not the source or provider of the travel services.  These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to No Shady Beach Travel.

USE OF SERVICES:  You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with No Shady Beach Travel. 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 No Shady Beach Travel and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.

All bookings are accepted by No Shady Beach Travel as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply and you understand and agree to abide by the terms and conditions set forth by those suppliers.

No Shady Beach Travel is an Independent Contractor of Cruises and Tours Unlimited/Outside Agents, FST No. ST15578, CST No. 2090937-50.

TRAVEL AGENT: No Shady Beach Travel acts as a travel agent only. We sell various travel-related products on behalf of numerous transport and accommodation service providers, including, but not limited to, airlines, coach, rail, cruise line operators, and hotels. No Shady Beach Travel does not own, operate, manage, or control these independent suppliers of services and is not liable for their acts or omissions. No Shady Beach Travel's obligations to you are to make travel bookings on your behalf and to arrange relevant contracts between you and the travel service providers. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standards. Requests cannot be guaranteed. All bookings are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that your legal recourse is against the specific provider, not against No Shady Beach Travel. Conditions can change rapidly in a country at any time. It is your responsibility to check the USA Government Travel advisories for your intended destination at travel.state.gov/content/travel.html

IMPORTANT CONDITIONS: When you receive any travel documents, it is your responsibility to review and verify all information for accuracy. Contact No Shady Beach Travel immediately if changes or corrections are required.  Prices are subject to increase prior to the time you make full payment. Prices are not subject to increase after you make full payment, except for charges resulting from increases in government-imposed taxes or fees or voluntary changes made by you the Traveler after final payment.  By agreeing to the terms and conditions, you expressly acknowledge your acceptance of these conditions (i.e., increases before full payment and increases attributable to government-imposed taxes or fees after full payment, voluntary changes, and/or inaccuracies not reported within the suppliers’ limitations, will be your responsibility) applicable to your purchase.

CANCELLATION: Please be aware that most travel bookings are non-refundable and cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Where we incur any liability for a cancellation fee or charge for any booking that you cancel, you agree to indemnify us for the amount of that fee or charge.  When there is a group booking, the group leader will be responsible for any cancellation fees associated with a full group cancellation, the guests will be responsible for the cancellation fees associated with their individual bookings, the group leader will be responsible if the guests are non-compliant.

DEPOSIT AND FINAL PAYMENT: You will be required to pay a minimum deposit per person when booking.  Deposits vary according to the itinerary chosen by you and determined prior to booking. The service provider may require further deposits. All deposits are non-refundable. Final payment is required no less than 60 days prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking. No Shady Beach Travel accepts debit and credit cards. In order to charge your debit/credit card, we may require you to read and sign a credit card authorization form. In addition, a non-refundable consulting deposit may be required to start the planning process for certain multi-city itineraries based upon complexity. 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 No Shady Beach Travel in writing. As a result of cancellation, No Shady Beach Travel’s 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.

CREDIT CARD TRANSACTIONS: You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through No Shady Beach Travel. By submitting a credit card authorization form, you agree to allow No Shady Beach Travel to use your payment method to purchase travel products from our Suppliers on your behalf.  If for any reason, any travel service provider is unable to provide the services for which you have contracted, your remedy lies against the provider, and not against No Shady Beach Travel, and in the event that payment has been made to No Shady Beach Travel by credit card, you agree that you will not seek to charge back your payment to No Shady Beach Travel. If the credit card is passed through to the travel service provider and you seek to chargeback your payment from the provider, you agree to be held liable and indemnify No Shady Beach Travel against this chargeback from the provider, including without limitation any air debit memos charged to No Shady Beach Travel. If No Shady Beach Travel incurs any costs, including but not limited to attorneys’ fees to recover any payments charged back by your credit card company, you agree that you will be liable for these costs. If the credit card is declined, you guarantee that you will settle any amounts owing to No Shady Beach Travel via money order immediately.  IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, NO SHADY BEACH TRAVEL RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.

TRAVEL PROTECTION: For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by No Shady Beach Travel to you constitutes a binding assurance or promise about the insurance. No Shady Beach Travel is not an insurance company and has no responsibility for the submission, payment, or adjustment of any insurance claims. Any insurance claims that may fall under the relevant travel insurance policy must be submitted to the insurance company identified in the policy.

ADDITIONAL FEES: Additional taxes and surcharges that cannot be pre-collected may be charged locally by car rental agencies, hotels or other suppliers. Most properties and vehicle rental/leasing companies require a credit card at check-in and a hold may be placed on the credit card for an amount the property, supplier, or agency determines.

BAGGAGE FEES: Additional fees for baggage may apply. Please contact your airline or refer to its website for detailed information regarding its checked baggage policies.

RESPONSIBILITY: We always do our best to make sure your travel arrangements are satisfactory. However, No Shady Beach Travel and its subsidiaries, affiliates, officers, directors, successors, agents, and assigns do not own or operate any entity that provides goods and services for your travel, including without limitation to lodging facilities, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, providers, or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to No Shady Beach Travel or any of No Shady Beach Travel's affiliated entities.

LIABILITY: No Shady Beach Travel is not liable for any negligent or willful act or failure to act of any travel service provider or of any third party. In addition and without limitation, No Shady Beach Travel is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services, whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or any failure of any transportation mechanism to arrive or depart on time. Also be advised that certain foreign facilities or amenities, such as air-conditioning systems in public places, hotels, and motor coaches may not be up to U.S. standards. If due to weather, flight schedules, or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers, and meal costs. Baggage is entirely at owner's risk. No Shady Beach Travel 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 No Shady Beach Travel. 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 NO SHADY BEACH TRAVEL ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT NO SHADY BEACH TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. NO SHADY BEACH TRAVEL 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 NO SHADY BEACH TRAVEL, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL 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 NO SHADY BEACH TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE NO SHADY BEACH TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.

NO SHADY BEACH TRAVEL HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND THE TRAVELER(S) AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM NO SHADY BEACH TRAVEL WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY NO SHADY BEACH TRAVEL.

You specifically agree that No Shady Beach Travel is not liable for any consequential loss or damage.

PASSPORTS: All individuals departing from the United States of America must be in possession of a valid passport. Please check that your passport is valid for at least 6 months beyond your intended travel time. It is your responsibility to ensure that you have valid travel documentation, including but not limited to passports and visas, which meet the requirements of immigration and other government authorities at every destination. You are responsible for confirming with the United States Department of State or the representative government agency of the country to which you are traveling to confirm the requirements for visas and/or other requirements for admission to your destination. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.  You are responsible to make No Shady Beach Travel aware when traveling on a passport from a country other than the United States of America. No Shady Beach Travel neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, No Shady Beach Travel 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.

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.

REAL ID: Beginning May 3, 2023, if you plan to use your state-issued ID or license to fly within the U.S., it is your responsibility to make sure it is REAL ID compliant. If you are not sure if your ID complies, please check with our local state department of motor vehicles or visit www.tsa.gov/real-id.

TRAVEL DOCUMENTS: Travel documents include, without limitation, airline tickets, hotel vouchers, tour vouchers, or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions such as, but not limited to, being non-refundable, non-date-changeable, and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates, and timings may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates, and timings on your documentation will be your responsibility if we are not advised at the time of booking. Please reconfirm your flights at least 24 hours prior to departure.

RIGHT TO CORRECT:  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.

UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS:  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 No Shady Beach Travel.
The Supplier may determine that alterations to the 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 No Shady Beach Travel bears no responsibility for any changes.

HEALTH AND SPECIAL REQUIREMENTS: It is your responsibility to ensure you are aware of any health requirements, health advisories, or health travel restrictions applicable to your travel destinations and to ensure that you carry all necessary vaccination documentation. No Shady Beach Travel is not responsible for providing you with this information. Travel carriers and local authorities at travel destinations may require specific testing prior to boarding and/or upon arrival at your destination, including, but not limited to, a temperature check as a result of the COVID-19 pandemic. You may be denied entry onto your carrier and/or entry upon arrival at your destination or be required to self-quarantine at your destination and upon your return to the United States. You must comply with local government regulations. Additional costs are your responsibility. Check with the Center for Disease Control and Prevention for current information prior to and during your travel. www.cdc.gov

RISKS/SAFETY:  Travel to certain destinations may involve greater risk than others. No Shady Beach Travel urges Clients to remain informed on a daily basis as to current news events and 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 THE SALE TRAVEL TO PARTICULAR DESTINATIONS, NO SHADY BEACH TRAVEL 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.

FLIGHT CONFIRMATION: We strongly suggest that clients reconfirm exact flight times with the carrier prior to departure. Air travelers are required to check in at least 2 hours prior to departure time for domestic flights and 3 hours for international flights and must report to the gate at least 30 minutes prior to departure time. Failure to comply may result in the loss of the seat to another passenger.

INTERNATIONAL FLIGHTS: Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transport disinfection website. (www.transportation.gov/airconsumer/spray).

REFUSAL OF SERVICE: Service providers reserve the right to refuse service to travelers at their sole discretion, including, without limitation, if the traveler: (i) Lacks proper documentation for the country of destination; (ii) Has a contagious disease; (iii) Is under the influence of alcohol, drugs, or narcotics; and/or (iv) Manifests disruptive and/or unruly behavior. No Shady Beach Travel assumes no liability for the acts of the service provider in refusing service.

RESERVATION OF RIGHTS: CHANGES TO THESE TERMS:  We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.

PRIVACY POLICY: No Shady Beach Travel is committed to protecting the privacy and confidentiality of your personal information.

ELECTRONIC OR HANDWRITTEN SIGNATURE: Both parties agree that you may acknowledge and agree to these Terms: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic means, including, without limitation, via email acceptance of these Terms; or (iv) by your implied consent deemed via your actions, which shall include without limitation the payment of the invoice and/or your use of the services provided by No Shady Beach Travel or any other travel supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this Agreement.

GOVERNING LAW: The construction, validity, and performance of these Terms and any disputes between the parties shall be governed by and construed according to the laws of the State of Pennsylvania, without giving effect to its conflict of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of the State of Pennsylvania with respect to any legal proceedings relating to these Terms.

 

Governing Law & Dispute Resolution

This Contract shall be governed by the laws of the Commonwealth of Pennsylvania. Should a dispute or controversy arise concerning the terms and conditions of this Contract or involving a claim for loss, injury or other damage arising out of or relating to your trip, any legal action against No Shady Beach Travel shall be brought exclusively in the Pennsylvania Court of Common Pleas of Beaver County. If any term or provision of this Contract is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such holding will not affect the validity or enforceability of the remaining terms and provisions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.