Travel Contract

The following terms and conditions apply to all travel booked through the Enchanted Valise Travel Agency:

 TERMS & CONDITIONS - CONSUMER DISCLOSURE NOTICE

Release of Liability, Waiver, Assumption of Risks, and Arbitration Agreement

PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL RELATED SERVICES.

 PLEASE CHECK YOUR DOCUMENTS WHEN YOU RECEIVE THEM. CALL THE TRAVEL AGENCY IF YOU HAVE ANY QUESTIONS.

 MOST DISCOUNT FARES INVOLVE RESTRICTIONS. CHANGING CARRIERS OR FLIGHTS COULD RESULT IN THE AIRLINE DEMANDING AN INCREASED FARE. CHECK WITH THE AIRLINE OR THE TRAVEL AGENCY BEFORE MAKING ANY CHANGES.

I. Scope of Contract

THE ENCHANTED VALISE TRAVEL AGENCY (“ENCHANTED VALISE TRAVEL” or simply, the “Travel Agency”) is acting as a mere agent for Suppliers in selling travel-related accepting services, or in accepting reservations or bookings for services that are not directly supplied by this Travel Agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Travel Agency, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such Suppliers, which result in any loss, damage, delay, inconvenience or injury, or death to travelers or travelers' companions or group members.

Client/Traveler is responsible for their own personal conduct and behavior at all times during the period of travel in regard to all activities, including alcohol consumption, and Agency shall bear no responsibility for any actions in regard thereto. Unless the term "guaranteed" is specifically stated in writing on your tickets, invoice, or reservation itinerary, Travel Agency does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen, and agree that Travel Agency will not be responsible if they are not satisfied.  Please see all terms and conditions incorporated herein.  Traveler acknowledges and agrees to these terms and conditions by proceeding to book travel through Enchanted Valise Travel.

II. Risks, Cancellation, and Insurance

Traveler assumes complete and full responsibility for, and hereby releases ENCHANTED VALISE TRAVEL from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. ENCHANTED VALISE TRAVEL strongly recommends that U. S. Citizens traveling internationally, including travel to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, visit https://travel.state.gov/content/travel.html or contact the Travel Advisory Section of the U.S. State Department at (202) 647-5335.  For medical and health-related information, please refer to the U.S. Centers for Disease Control (CDC) website, www.cdc.gov/travel, or call the CDC at (404) 332-4559.

ENCHANTED VALISE TRAVEL shall not be responsible for any injuries, losses or damages in connection with terrorist acts, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, viruses, local laws, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health-related problems before or while in-transit to (e.g., an accident on the way to a tour), during and after a tour, or any other actions, omissions, or conditions outside of ENCHANTED VALISE TRAVEL’s control.

If travel plans are delayed or cancelled for any reason there will be no refunds issued by ENCHANTED VALISE TRAVEL. Any refund provided by the Supplier shall be subject to their cancellation policies. Please note that a ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day tour, a post-trip extension designed by ENCHANTED VALISE TRAVEL, all of which may be subject to a different set of cancellation policies). You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but ENCHANTED VALISE TRAVEL is not responsible for your failure to read such policies. Clients are responsible for knowing the applicable vendor’s policies. No refund(s) will be issued for cancellations due to actual or threatened terrorist events. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political or other similar events. ENCHANTED VALISE TRAVEL strongly recommends the purchase of travel insurance with broad coverage to help clients protect themselves against potential losses.

Agency bears no responsibility for travel related COVID-19 requirements that may be imposed by cruise lines, airlines, hotels, or other travel related 3rd party suppliers and/or governments which may be subject to change at any time. Agency shall make its best effort to convey information from said sources that may be related to the individual booking of client including required vaccinations, COVID-19 testing prior to departure or on arrival, face mask coverings, and quarantine requirements, however, Client is ultimately responsible for verifying the rules of each supplier and destination they will be traveling through, and checking applicable websites on a frequent basis,  as Agency cannot be responsible for 3rd party supplier changes. Agency may charge a non-refundable fee should client request assistance with changes to an itinerary and client agrees to pay said charges.

Traveler is advised to obtain appropriate insurance coverage against these risks prior to travel.  ENCHANTED VALISE TRAVEL has information regarding multiple travel insurance providers – please inquire. Group leaders agree to convey the contents of this Agreement to their travel companions or group members.

By embarking upon his/her travel, Traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies, pandemics and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency.  Traveler also assumes all risks for any participation in a nominal risk or high-risk activity.

Traveler acknowledges that ENCHANTED VALISE TRAVEL cannot control the cancellation fees assessed by Tour Operators or other third parties, nor control issuance of vouchers for future travel in lieu of a cash refund. Traveler understands that should he/she initiate any chargeback with Traveler’s credit card company to avoid previously agreed upon fees, ENCHANTED VALISE TRAVEL will utilize all rights and remedies under the laws of the State of Oregon to uphold previously agreed contractual provisions. ENCHANTED VALISE TRAVEL does this because when Travelers initiate a chargeback through their credit card company, the affected parties respond by seeking compensation directly from ENCHANTED VALISE TRAVEL instead. The cancellation fees do not cease to exist in the event of a chargeback. Thus, ENCHANTED VALISE TRAVEL will be prompted to pursue litigation and incur attorneys’ fees and costs which will be included in addition to all cancellation fees.

III. ALTERNATIVE DISPUTE RESOLUTION

ENCHANTED VALISE TRAVEL desires to maintain friendly relationships with its clients.  In order to provide for a mutually beneficial relationship, ENCHANTED VALISE TRAVEL has established an alternative mediation program in the event of a misunderstanding or dispute between ENCHANTED VALISE TRAVEL and its clients, as outlined below.

If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service.

The issuance of any tickets, reservations, or bookings by ENCHANTED VALISE TRAVEL is done on the express condition that: 1) ENCHANTED VALISE TRAVEL shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2) ENCHANTED VALISE TRAVEL shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.

Traveler’s initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.

Nothing agreed to herein by the customer is meant to interfere with customer's legal rights against any carrier(s) or supplier(s) of services.

The payment of the required deposit or any partial or full payment for a reservation on the chosen tour/package shall constitute consent to all provisions of this Terms & Conditions statement as well as the provisions contained in any brochures, trip descriptions, and/or itineraries, or other forms of collateral provided to the client in conjunction with a booking.  These provisions are hereby incorporated by reference in this Disclosure Notice, and clients are advised to take note of them.

ENCHANTED VALISE TRAVEL is acting as a mere agent for suppliers as stated above and its agents, servants, and employees, shall not be responsible for personal injury or property damage, loss or delay, or change of itinerary incurred by any person or tour participant arising out of the act of negligence of any direct or supplemental air carrier or other person or entity engaged in transporting the passenger, hotel or other person rendering any of these services, or accommodations being offered in these tours; nor shall ENCHANTED VALISE TRAVEL be responsible for any injuries, death, damages, loss, or delay in any means of transportation or by reason of any event beyond the actual control of ENCHANTED VALISE TRAVEL or of any agent or supplier or due to force majeure. The right is reserved to decline or accept or to retain any person as a member of a trip; change a trip from ‘escorted/guided’ by ENCHANTED VALISE TRAVEL to ‘partially escorted/guided’ by a replacement escort or ‘unescorted’ should circumstances preclude the designated ENCHANTED VALISE TRAVEL escort or replacement escort from accompanying the trip for whatever reason; or to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of ENCHANTED VALISE TRAVEL.

If the contract between ENCHANTED VALISE TRAVEL and the passenger, on the one hand, and/or the contract between ENCHANTED VALISE TRAVEL and the designated carrier, on the other hand, is cancelled by the tour operator for any reason whatsoever, all partial or full payments made for the trip will be refunded in their entirety, without any further obligation on the part of the tour operator.

The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of ENCHANTED VALISE TRAVEL, no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used and shall be made at the sole discretion of ENCHANTED VALISE TRAVEL. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the trip reservations and details from accompanying this disclosure notice.

All parties consent to the jurisdiction of all state and federal courts sitting in Multnomah County, Oregon, and agree that venue for any such action shall lie exclusively in such courts without regard to choice of law principles, and agree that such courts shall be the exclusive forum for any legal actions brought in connection with this Agreement or the relationships among the parties.

 

ADDENDUM I

ENCHANTED VALISE TRAVEL TERMS AND CONDITIONS

The following terms and conditions (“Terms and Conditions”) apply to all travel and travel related Services offered for sale by ENCHANTED VALISE TRAVEL, LLC (“ENCHANTED VALISE TRAVEL”), and/or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as “ENCHANTED VALISE TRAVEL”, “we,” or “us”). ENCHANTED VALISE TRAVEL is incorporated in the State of Oregon, with its principal office in Estacada, phone: (833) 382-5473.

Please read these Terms and Conditions carefully, ask us any questions, and consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by clicking on the “I Agree” box on the ENCHANTED VALISE TRAVEL’s booking page. When Traveler is purchasing a Trip for someone besides themselves, clicking on the “I Agree” box verifies that such Traveler is the designated legal guardian for such person.  Traveler has informed all other Travelers in their group of these Terms and Conditions and accepts them on their behalf, warranting that the other Travelers in their group, after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions. Without this acceptance, the processing of an order or inquiry is not technically possible. Therefore, by placing an order with ENCHANTED VALISE TRAVEL, you, and all Travelers in your group (if applicable), agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.

Definitions

“Itinerary” refers to the particular schedule for a Trip.

“Service” or “Services” as used in these Terms and Conditions encompass: travel planning and consultation, charter or other airfare, passage on cruises, charters, river boats, yachts, and other water vessels, ground transportation, concierge services, hotel rooms, resorts, camps, or other lodgings, tours, car rentals, leisure or adventure activities, equipment rentals, expeditions, and any other travel or travel related products offered, sold, recommended, or provided by ENCHANTED VALISE TRAVEL.

“Supplier” or “Vendor” refers to any provider of the Services we offer.

“Trip” is defined as any Service, or package of Services, offered.

References herein to “Traveler,” “client,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases, or attempts to purchase, a Trip for themselves and/or others.

All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Service incorporated in an ENCHANTED VALISE TRAVEL Trip. By placing an order with ENCHANTED VALISE TRAVEL, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of ENCHANTED VALISE TRAVEL, ENCHANTED VALISE TRAVEL’s will control all issues relating to the liabilities and responsibilities of ENCHANTED VALISE TRAVEL.

Table of Contents

  1. Eligibility
  2. Modification of Our Terms and Conditions
  3. Payments
  4. Custom Travel Planning Fees
  5. Prices
  6. Cancellations and Alterations Policies
  7. Issuing Travel Documents
  8. Insurance
  9. Passports, Visas, Health Requirements, and Travel Risks
  10. Accommodations
  11. Notices
  12. Seller of Travel Disclosures and Extreme Emergencies
  13. Local Customs and Laws
  14. Legal Compliance and Proper Conduct
  15. Marketing Materials
  16. Limitation of Liability
  17. Disclaimer of Warranties
  18. Indemnification and Release
  19. Force Majeure
  20. Special Rules regarding Air Transport
  21. Representations and Warranties
  22. Medical and Physical Conditions; Medical Emergencies
  23. Disputes: Governing Law, Jurisdiction, etc.
  24. Attorney’s Fees, Costs, and Expenses
  25. Assignment
  26. Severability and Survivability
  27. Entire Agreement, Waiver, Etc.

 

1. Eligibility. The Services offered by ENCHANTED VALISE TRAVEL are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. Travelers must be over the age of 18 to purchase an ENCHANTED VALISE TRAVEL Trip.

2. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with ENCHANTED VALISE TRAVEL or reviewed our Terms and Conditions.

3. Payments. I understand if I have an unpaid balance to ENCHANTED VALISE TRAVEL and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.

In order for ENCHANTED VALISE TRAVEL or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that ENCHANTED VALISE TRAVEL and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.

ENCHANTED VALISE TRAVEL accepts payments by international credit cards including American Express, Visa and MasterCard.

Please note that some Suppliers will not allow travel agencies to pay on your behalf but require payment directly from you. In such case, your credit card number will be required for purchases from such Suppliers. We cannot guarantee that you will be eligible for any “points” or rewards benefits from any credit card, airline, or hotel rewards program for travel booked by ENCHANTED VALISE TRAVEL on your behalf.

4. Non-refundable Custom Travel Planning Fee. The process of researching and putting together a customized proposal that matches your travel desires takes time.  The trip planning fee, if charged, covers initial consultation and discussion of your trip dreams and expectations, time spent researching, developing, and revising a proposal to create the perfect customized itinerary, booking and managing all components, and support while traveling. Travel planning fees vary based on the length and complexity of the trip and may be anywhere between $100-$500 or more.

Because it covers the initial consultation, research, and time spent on the proposal, this non-refundable fee will be charged prior to proposal delivery, regardless of whether you book a trip with us. Not all trips require a planning fee. You will be notified prior to booking if a planning fee applies to your trip.

5. Prices. Our prices are contractual tariffs. No claim relating to the price of a Trip will be considered once the reservation is effective. Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price:

  • items of a personal nature such as incidentals and laundry
  • excess baggage charges
  • port charges
  • foreign government departure taxes
  • costs of Passports or Visas
  • inspection fees
  • customs fees
  • immigration and naturalization fees
  • service fees
  • single room supplement
  • travel insurance including health, accidents, lost baggage and trip cancellation
  • airport parking
  • tips and gratuities
  • any other activities or items not explicitly advertised as included in the price of a Trip in the description of the offered Trip

While we endeavor to secure the lowest possible fares suitable for your travel requirements, based on space available at the time of booking, accessible sources of information, and knowledge of the agents involved, we cannot guarantee that the price of your travel will be the lowest possible rate obtainable.

6. Cancellations and Alterations Policies.  All bookings of airline tickets and vacation packages are generally non-refundable unless specifically described otherwise. Any alteration, transfer, or cancellation relating to airfare, or dynamic packages (flight + hotel) which affect the booked flight(s), will involve charges up to the price of the air tickets bought including, without limitation, all fees, taxes, and charges. All cancellations must be done over the phone only. We can accept refund requests only if the following conditions have been met:

a. If, and only to the extent that, the Suppliers provide for and allow cancellations and refunds.

b. It is not a "no show" situation (most "no show" bookings are ineligible for any waiver from Suppliers for refund processing).

c. We are able to receive waivers from Suppliers to process the requested cancellation and refund.

All refund requests are processed in a set format. Once your cancellation request has been submitted to us, you will get an email notification acknowledging your request. This acknowledgement does not automatically qualify you for a refund. Based upon the fare rule we work with the airline or other involved Suppliers to generate a waiver and process the refund if fare rules allow. Cancellation vary as per fare rules. Refunds may take up to 4-6 business weeks to process.

Changes After Purchase

All changes made to the booking after purchase are restricted and are strictly subject to the airline fare rules. Flight dates and times are changeable subject to availability and upon payment of a change fee per person, plus any additional cost between the original total price paid and the lowest total price available for the new flight at the time the change is made. Any confirmation made beyond the time frame allowed may result in additional costs, of which you will be informed by e-mail. It is essential that you return the confirmation document, otherwise your initial reservation will stand.

Any cancellation or alteration of your booking may result in costs that will be billed by our Suppliers, and our administrative costs may be added to these. In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from the refund payable to you as per this agreement.

The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to ENCHANTED VALISE TRAVEL. Any interrupted or shortened stay, or any Service not actually used by you, for whatever reason (in particular in the event that you fail to arrive in time to enjoy the Services) does not entitle you to a refund.

As a general rule, alterations are treated as a cancellation followed by a new booking, involving the relevant cancellation charges. These charges will be added to any costs charged by the Supplier, of which you will be informed before the alteration is made.

Vouchers

Traveler accepts sole responsibility for acceptance of a voucher by a third-party supplier including cruise lines, hotels, airlines, or any other supplier.  Travel Agent shall not be responsible in the event that any of the afore-described suppliers fail to honor said voucher or the travel is not performed by said third party in accordance with the voucher.

*California and Illinois Residents only:

Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

7. Issuing Travel Documents. The method for issuing travel documents and/or tickets depends on the time available between the date of issue of tickets and your date of departure, and/or the type of Service. We have an eco-friendly philosophy and our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.

If a Traveler provides incorrect information, ENCHANTED VALISE TRAVEL does not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions.

8. Insurance. ENCHANTED VALISE TRAVEL strongly recommends that all Travelers purchase some form of Travel, Cancellation, Lost Baggage and Medical Emergency Insurance for all Trips. While we can refer you to an insurance company and/or provide insurance quotes, Traveler acknowledges that it is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that ENCHANTED VALISE TRAVEL is not responsible for any uninsured losses.

9. Passports, Visas, Health Requirements, and Travel Risks. It is Traveler’s responsibility to verify they have all the necessary visas, passport, and required vaccinations prior to travel. A full and valid passport book is required for all persons traveling to any of the destinations outside the United States. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip. ENCHANTED VALISE TRAVEL assumes no responsibility for travelers who may be denied boarding of any aircraft or ship or entry into hotel or any other facility due to travelers’ failure to obtain the required vaccine, including COVID-19 vaccine, as may be required by said Suppliers.

Most international Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip.

If you try to enter a country where a visa is required, and you do not have the visa, it is possible that you will be imprisoned until there is an available flight to return you to your point of origin.

Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.

You must carefully observe all applicable formalities and ensure that the first and last names used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.

Further information on entry requirements can be obtained from the State Department by phone (202) 647-5335 or access online at www.//travel.state.gov/travel or directly from the destination country's website.

Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release ENCHANTED VALISE TRAVEL from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to www.travel.state.gov, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559 or go to www.wwwnc.cdc.gov/travel/.  Please also contact your personal physician if you have any additional medical concerns prior to your travel.

It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION INCLUDING REQUIRED VACCINATIONS.  IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. ENCHANTED VALISE TRAVEL does not guarantee your safety at any time and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

10. Accommodations.  “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, campgrounds, motels, and resorts. ENCHANTED VALISE TRAVEL provides the accommodations for its Trips through third-party Vendors and retains no ownership or management interest in those Accommodations. ENCHANTED VALISE TRAVEL does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.

Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees for each Trip.

11. Notices. Any notices required or permitted hereunder shall be given via email to info@enchantedvalisetravel.com.

12. Seller of Travel Disclosures and Extreme Emergencies. ENCHANTED VALISE TRAVEL operates under a host agency, Cruises and Tours Unlimited, located at 9125 Philips Highway, Jacksonville, FL  32256. Our seller of travel reference numbers are as follows:

Florida Seller of Travel Ref. No. ST15578

California Seller of Travel No. 2090937-50

Washington UBID No. 603189022

Iowa Registered Agency No. 1202

In the event the owner of ENCHANTED VALISE TRAVEL becomes incapacitated, and no affiliated sub-agents are available to assist you regarding travel you have booked through our agency, you may call Cruises and Tours Unlimited for assistance: 904-739-2224.

13. Local Customs and Laws. Some Travelers will be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that he or she must be prepared to cope with the unexpected, with local customs and shortages, with variations in weather, travel and people in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold ENCHANTED VALISE TRAVEL harmless for any such problems experienced while participating in their Trip.

All Travelers must obey the local laws and regulations of the countries they visit on their Trip. ENCHANTED VALISE TRAVEL is not liable or responsible for any damages, costs and/or added expenses incurred as result of Traveler’s failure to obey any local, provincial, or federal laws, which may include arrest or detention. For this reason, items that are legal to possess in parts of the U.S. but may not be legal in other countries of the world (including but not limited to cannabis products) should be left home to avoid potential problems.

14. Legal Compliance and Proper Conduct. Traveler understands that their participation in a Trip may be terminated if Traveler is disciplined by any civil or criminal authorities, or charter operator. In this event, Traveler is responsible for arranging and paying for substitute travel and Accommodations.

15. Marketing Materials. ENCHANTED VALISE TRAVEL endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services offered. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are binding on ENCHANTED VALISE TRAVEL only to the extent that they illustrate the type or standard of such Services and are not contractual nor are they to be construed as guarantees of the conditions of the places or Accommodations pictured at the time of your Trip.

The travel information that we provide you on our site and in newsletters, brochures, and the like about options for Accommodations, excursions, restaurants, etc. comes from a variety of sources, including information published by the establishments themselves, by other travel guides, and by online research, and is believed to be accurate. Nonetheless, some of the information may not be independently verified and may be inaccurate and not up to date. You should not view the information as recommendations and should do your own investigation to confirm that the business/site in question is still operational and suits your needs.

ENCHANTED VALISE TRAVEL may occasionally use statements made by its Travelers and/or their photographs, images, or other likenesses, in various marketing materials, on our website, or at promotional events. Traveler fully consents to such use of Traveler’s statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to Traveler and grants ENCHANTED VALISE TRAVEL a non-revocable license for said use.

16. Limitation of Liability. IN NO EVENT SHALL ENCHANTED VALISE TRAVEL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF ENCHANTED VALISE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL ENCHANTED VALISE TRAVEL’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE COMMISSION AMOUNT RECEIVED BY ENCHANTED VALISE TRAVEL FOR SUCH TRAVEL.

ENCHANTED VALISE TRAVEL IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY ENCHANTED VALISE TRAVEL ARE THIRD PARTY VENDORS AND ENCHANTED VALISE TRAVEL RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD-PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENCHANTED VALISE TRAVEL DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF ENCHANTED VALISE TRAVEL HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.

17. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY ENCHANTED VALISE TRAVEL ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENCHANTED VALISE TRAVEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY OR THROUGH ENCHANTED VALISE TRAVEL. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

18. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases ENCHANTED VALISE TRAVEL from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler’s participation in a Trip, whether caused by the negligent, intentional, or reckless conduct of Traveler, a Service Provider, a provider of Accommodations, another third party, or otherwise.

Traveler hereby also agrees to indemnify, defend and hold harmless ENCHANTED VALISE TRAVEL from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against ENCHANTED VALISE TRAVEL regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s performance of this Agreement.

19. Force Majeure.  ENCHANTED VALISE TRAVEL shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure, nor for changes to or terminations of your trip due to Force Majeure. “Force Majeure” refers to any event beyond ENCHANTED VALISE TRAVEL’S reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, disease, virus, pandemic, COVID-19 virus, contagious diseases, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of ENCHANTED VALISE TRAVEL. The Agency reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure. Very rarely, you may be forced by "force majeure" to change or terminate your Trip after departure but before the scheduled end of your Trip. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our Suppliers), pay you any compensation, or meet any costs or expenses you incur as a result. We strongly recommend that you obtain travel insurance, as described in Section 8 above.

20. AIR TRANSPORT

a. General conditions governing air transport

ENCHANTED VALISE 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 in our electronic brochure and advertisements. ENCHANTED VALISE TRAVEL is not able to specify the type of aircraft to be used by any airline. In addition, ENCHANTED VALISE TRAVEL is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel the contract without penalty due to a change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. ENCHANTED VALISE TRAVEL will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial.

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means stopping in a city and resuming the flight on the same airplane under the same flight number). 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 city, and the second flight takes off from an airport that is different from 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. ENCHANTED VALISE TRAVEL will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

ENCHANTED VALISE TRAVEL will not bear any liability for timetable changes, delays, or cancellations by the air carrier, or in the event that a client is refused boarding for failure to comply with the administrative or health formalities, or failure to check-in.

b. Failure to check-in

Failure to check-in for an outbound flight on a charter or scheduled flight will automatically result in cancellation of the return flight by the airline. We encourage you to contact us prior to the scheduled departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline company.

Any interrupted or shortened journey, or any service that you do not use, will not entitle you to a refund. If you have taken out insurance coverage, and in particular insurance for the interruption of a stay, you must comply with the procedures for cancellation appearing in your insurance contract.

c. Flight connections

If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.).

If you organize your own connecting transport with the arrangements booked through ENCHANTED VALISE TRAVEL, we advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. You are also advised not to make any important appointments for the day following your return date.

ENCHANTED VALISE TRAVEL cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.

d. The return flight

Whatever the type of flight, scheduled or charter, it is essential that the return be re-confirmed locally with the airline within 72 hours prior to the date of departure. For package Trips, this formality is generally performed by the local representative or agent. This procedure is compulsory and if you fail to do so your seat cannot be guaranteed by the airline, which has the right to allocate your seat to someone else. This procedure also gives you the opportunity to confirm the times of your return flight which may have been altered since your original purchase. ENCHANTED VALISE TRAVEL cannot be held liable for any negligence on your part in failing to re-confirm your return flight.

e. Luggage

ENCHANTED VALISE TRAVEL assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip. In the event of damage, late arrival, theft or loss of luggage, you should contact your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and submit a claim form. It is recommended that you take out an insurance policy covering the value of your items.

Additional and oversized baggage fees: Most airlines have their 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 the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and other 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.

f. Pregnancy

Different airlines have their own restrictions on how close to a pregnant woman’s due date she may fly on their plane. Typical restrictions range from prohibiting flying anywhere from 7 to 30 days prior to the due date, but some airlines may prohibit flying in the third trimester. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, ENCHANTED VALISE TRAVEL will not be responsible for any resulting cancellation fees and charges.

21. Representations and Warranties. Traveler represents and warrants that Traveler: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) has provided true and accurate information to ENCHANTED VALISE TRAVEL to facilitate Traveler’s Trip. Traveler authorizes ENCHANTED VALISE TRAVEL to make any such investigations as ENCHANTED VALISE TRAVEL determines to be necessary, at their sole discretion, to determine Travelers eligibility.

22. Medical Emergencies and Physical Condition.  Some activities available on ENCHANTED VALISE TRAVEL’s Trips are physically active and interactive, so you must be in good physical condition and health to participate in them. Various water activities and sports available on our Trips (including jet skiing, snorkeling, surfing, etc.) require various skills and abilities such as: the ability to swim, hand to eye coordination, balance, and an awareness of your surroundings. Traveler certifies they will not take any alcoholic beverages or drugs that may impair their physical or mental abilities before their participation in an adventure or water activity while on a Trip.

Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler’s medical condition, ENCHANTED VALISE TRAVEL can not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to Traveler, but Traveler recognizes that ENCHANTED VALISE TRAVEL is not obligated to take any action to facilitate or assist that treatment. The quality of medical personnel and facilities vary from region to region and cannot be controlled by ENCHANTED VALISE TRAVEL. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable, and evacuation can be prolonged, difficult and expensive. ENCHANTED VALISE TRAVEL is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases ENCHANTED VALISE TRAVEL from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, ENCHANTED VALISE TRAVEL, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.

23. Disputes, Governing Law, and Jurisdiction. These Terms and Conditions and the relationship between Traveler and ENCHANTED VALISE TRAVEL will be governed by the laws of the State of Oregon without regard to its conflict of law provisions.

Traveler and ENCHANTED VALISE TRAVEL agree to submit to the personal jurisdiction of the federal and state courts located Multnomah County, Oregon, with respect to any legal proceedings that may arise in connection with, or relate to, a Trip, these Terms and Conditions, our Privacy Policy, ENCHANTED VALISE TRAVEL’s website or any literature or materials concerning ENCHANTED VALISE TRAVEL and our Trips. Traveler and ENCHANTED VALISE TRAVEL agree to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he/she/it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.

24. Confidential/Personal Information.  All parties acknowledge that ENCHANTED VALISE TRAVEL may disclose to third party suppliers and or Contractors certain information of a confidential or proprietary nature (the “Confidential Information”) as needed in order for such third party to perform the duties contemplated under this Agreement.  Confidential/Personal Information may include, but is not limited to, pricing information, credit card information, IATA, ARC or CLIA numbers, and any other information designated as Confidential Information at the time of disclosure.  All parties further acknowledge that unauthorized disclosure to another person or third party or misuse of the Confidential Information would cause severe and irreparable harm to Company.  Accordingly, except to the extent necessary to the performance of this Agreement, Contractor will not use or disclose, either during or after the term of this Agreement, any Confidential Information.  ENCHANTED VALISE TRAVEL shall be entitled to obtain equitable relief, including an injunction, in addition to any other rights and/or remedies otherwise available under the governing state and/or federal law.

25. Attorney’s Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief or any arbitration proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Trip, our Privacy Policy, ENCHANTED VALISE TRAVEL’s website or any literature or materials concerning ENCHANTED VALISE TRAVEL, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

26. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of ENCHANTED VALISE TRAVEL.

27. Severability and Survivability. If any provision, or portion thereof, in these Terms and Conditions shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and ENCHANTED VALISE TRAVEL agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

28. Entire Agreement, Waiver. These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. ENCHANTED VALISE TRAVEL does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in writing and signed by both the parties.