Terms & Conditions

TERMS AND CONDITIONS

Janet Avila dba The Vacation Helper

These Terms and Conditions (“Terms”) govern the agreement between Janet Avila dba The Vacation Helper (“Agency,” “we,” “us,” or “our”) and you, the client, including all travelers in your booking who reside in the same household (“you,” “your,” “Traveler,” or “Travelers”). These Terms become effective upon: (1) your electronic or written signature; or (2) your authorization of payment for any travel-related services. By engaging our services, you, as the Lead Traveler, agree to these Terms on behalf of yourself and all Travelers in your booking. These Terms may be updated at any time, and the current version is available contacting us. Please read these Terms carefully before booking. If you have questions, contact us in writing at janet@thevacationhelper.com

1. Definitions

1.1. Agency: Janet Avila dba The Vacation Helper, an independent contractor operating under the host agency Outside Agents.
1.2. Booking Services: The travel reservation and booking services we provide to arrange Travel Services, including but not limited to itinerary planning, supplier coordination, and payment processing.
1.3. Lead Traveler: The individual who signs these Terms or authorizes payment, acting as the primary contact and representative for all Travelers in the same booking and household.
1.4. Supplier: Independent third-party providers of Travel Services, such as airlines, hotels, cruise lines, tour operators, car rental companies, or activity providers, not affiliated with or controlled by the Agency.
1.5. Travel Services: Travel-related products or services provided by Suppliers, including but not limited to air transportation, hotel accommodations, cruises, car rentals, tours, excursions, activities, and other leisure or business travel arrangements.
1.6. Traveler: You and all individuals included in your booking who share the same household, each of whom is bound by these Terms.

2. Traveler Responsibilities
   2.1. Lead Traveler Obligations
   2.1.1. As the Lead Traveler, you agree to these Terms on behalf of all Travelers in your booking and confirm that you have:
   2.1.1.1. Shared these Terms with all Travelers.
   2.1.1.2. Obtained each Traveler’s agreement to these Terms, with written confirmation available upon our request.
   2.1.2. You are responsible for ensuring all booking details, including names, travel dates, and preferences, are accurate and communicated to us in a timely manner.
   2.1.3. You must book, confirm, and pay for all reservations sufficiently in advance to secure availability, avoid late-booking fees, and prevent fare increases.
   2.2. Understanding Terms
   2.2.1. You acknowledge that these Terms are clear and conspicuous.
   2.2.2. If any part of these Terms is unclear, you agree to contact us in writing for clarification before proceeding with a booking.
   2.2.3. You are responsible for ensuring all Travelers understand and comply with these Terms and Supplier policies.
   2.3. Travel Documentation
   2.3.1. You must provide accurate personal information (e.g., full legal names, dates of birth) matching government-issued identification.
   2.3.2. You are responsible for obtaining and maintaining valid passports, visas, and other required travel documents for all Travelers.
3. Agency Role and Limitations
   3.1. Scope of Services
   3.1.1. We act solely as an intermediary to facilitate Booking Services, connecting you with Suppliers to arrange Travel Services.
   3.1.2. We do not provide Travel Services directly and are not responsible for the performance, quality, or availability of Supplier services.
   3.2. Error Correction
   3.2.1. We reserve the right to correct errors or omissions in pricing, itineraries, or booking details at any time, with prompt notification to you.
   3.2.2. If a correction significantly impacts your booking, we will work with you to find alternatives, subject to Supplier availability and policies.
   3.3. No Control Over Suppliers
   3.3.1. Suppliers are independent entities not controlled by us. They operate under their own terms, conditions, and management.
   3.3.2. We are not liable for Supplier actions, errors, omissions, or failures, including but not limited to delays, cancellations, itinerary changes, or bankruptcy.
4. Supplier Terms and Conditions
   4.1. Compliance Requirement
   4.1.1. You agree to comply with all Supplier terms, conditions, and policies, which are provided in your travel documentation or available directly from the Supplier.
   4.1.2. These may include payment schedules, cancellation penalties, baggage restrictions, check-in requirements, and rules for service use.
   4.2. Consequences of Non-Compliance
   4.2.1. Failure to comply with Supplier terms may result in denied access to Travel Services, cancellation of reservations, or forfeiture of payments.
   4.2.2. If your non-compliance results in fees or penalties to us, you agree to reimburse us for all actual costs incurred.
   4.3. Supplier Liability Waivers
   4.3.1. Some Suppliers may require you to sign liability waivers before participating in Travel Services (e.g., tours, activities).
   4.3.2. You are responsible for reviewing and agreeing to such waivers, and we are not liable for any consequences of your participation.
   4.4. Supplier Financial Risks
   4.4.1. If a Supplier declares bankruptcy, they may not be obligated to provide services or refunds.
   4.4.2. Payments made to us for Supplier services are transferred to Suppliers as required by law, and we cannot issue refunds for Supplier-related issues, including bankruptcy.
   4.4.3. We have no special knowledge of Suppliers’ financial conditions and are not liable for recommending trip credits or refunds.
5. Rates and Inclusions
   5.1. Quoted Rates
   5.1.1. Rates are based on the specific inclusions (e.g., accommodations, transportation) detailed in your written booking confirmation.
   5.1.2. Rates are subject to change due to Supplier policies, currency fluctuations, or other factors beyond our control.
   5.2. Exclusions
   5.2.1. Unless explicitly stated in your booking confirmation, rates do not include:
   5.2.1.1. Government-imposed fees (e.g., airport taxes, security fees, visa costs, customs duties).
   5.2.1.2. Personal expenses (e.g., meals, beverages, alcohol, gratuities, entertainment, laundry, telecommunications, parking).
   5.2.1.3. Optional services (e.g., seat assignments, upgrades, excursions, travel insurance).
   5.2.1.4. Costs related to health requirements (e.g., vaccinations, medical tests, quarantine).
   5.3. Promotions and Offers
   5.3.1. Supplier promotions, incentives, or special offers are subject to availability and may change without notice.
   5.3.2. We will communicate any applicable promotions at the time of booking but are not responsible for Supplier withdrawals of offers.
6. Personal Information and Data Privacy
   6.1. Consent to Share Information
   6.1.1. You authorize us to share personal information (e.g., names, birth dates, passport numbers, payment details) with Suppliers to facilitate your Travel Services.
   6.1.2. This may include transmitting information to third parties, such as airlines, hotels, or government authorities, as required for your travel.
   6.2. Data Retention
   6.2.1. We will retain your personal information only as long as necessary to provide Booking Services or comply with legal or business obligations.
   6.2.2. You may request details about our data practices by contacting us in writing.
   6.3. Supplier Data Handling
   6.3.1. We are not responsible for how Suppliers or third parties handle your personal information or for any data breaches beyond our control.
   6.3.2. You agree to review Supplier privacy policies for additional information on their data practices.
7. Reservations and Payment
   7.1. Payment Authorization
   7.1.1. You authorize us to charge your credit card, debit card, or other payment method for all costs associated with your booking, including deposits, final payments, and fees.
   7.1.2. Payments in non-USD currencies will be converted at the prevailing exchange rate at the time of processing.
   7.2. Payment Deadlines
   7.2.1. Full payment or deposits are required to confirm reservations, as specified in your booking confirmation.
   7.2.2. Failure to meet Supplier payment deadlines may result in cancellation, with deposits or payments becoming non-refundable.
   7.3. Price Changes
   7.3.1. Supplier prices may change due to factors such as fuel surcharges, currency fluctuations, or availability, and you are responsible for any resulting increases.
   7.3.2. We are not liable for additional fees or surcharges imposed by Suppliers for foreign-currency transactions or late payments.
   7.4. Booking Confirmation
   7.4.1. A booking is not complete until all required payments are processed and you receive a written confirmation from us.
   7.4.2. If we cancel a booking due to non-payment, we may charge a non-refundable fee to assist with rebooking, at our discretion.
8. Changes and Cancellations
   8.1. Fees for Changes or Cancellations
   8.1.1. If you change or cancel a reservation or booking, you may be subject to:
   8.1.1.1. Agency Fees: A non-refundable fee of USD 150 per change or cancellation, per booking.
   8.1.1.2. Supplier Fees: Additional charges, penalties, or non-refunded amounts as determined by Supplier policies.
   8.1.2. We will communicate any applicable Supplier fees at the time of your request.
   8.2. Non-Refundable Services
   8.2.1. No refunds will be issued for canceled, unused, or partially used Travel Services unless explicitly permitted by Supplier terms.
   8.2.2. Certain services, such as hotel reservations or airline tickets, may be non-refundable or non-changeable, which we will disclose at booking.
   8.3. No-Shows
   8.3.1. Failure to arrive for a booked service (no-show) may result in the loss of the full cost of the service, subject to Supplier and Agency policies.
   8.3.2. No refunds or credits will be issued for no-shows unless otherwise allowed by the Supplier.
   8.4. Rebooking Assistance
   8.4.1. If you request rebooking (e.g., using future travel credits), we will assist where possible, but additional Agency fees may apply.
   8.4.2. Rebooking is subject to Supplier availability and terms.
9. Refunds, Chargebacks, and Adjustments
   9.1. Refund Requests
   9.1.1. All refund or adjustment claims must be submitted to us in writing, including full details and proof of payment.
   9.1.2. Refunds are subject to Supplier terms and may not be available after booking confirmation or payment.
   9.2. Non-Refundable Circumstances
   9.2.1. Suppliers may not issue refunds for cancellations due to concerns over terrorism, political unrest, pandemics, health risks, or similar events.
   9.2.2. You are responsible for reviewing Supplier cancellation policies to understand refund eligibility.
   9.3. Chargeback Restrictions
   9.3.1. You agree not to initiate chargebacks for cancellations (except in cases of fraud) or for disputes covered by these Terms or Supplier policies.
   9.3.2. If you attempt an unauthorized chargeback, you will be responsible for all resulting costs, including legal fees and administrative expenses, incurred by us.
10. Accommodations
    10.1. Availability and Deposits
    10.1.1. Hotel accommodations are subject to availability at the time of booking.
    10.1.2. Some hotels require non-refundable and non-transferable deposits, which we will communicate at booking.
    10.2. Amenities
    10.2.1. Amenities such as air conditioning, elevators, pools, or Wi-Fi are not guaranteed to be available or operational during your stay.
    10.2.2. Reimbursement for unavailable amenities is the responsibility of the hotel, and we are not liable for such issues.
    10.3. Room Preferences
    10.3.1. Preferences for bed size, room location, or other features are subject to availability and not guaranteed.
    10.3.2. We will request your preferences but cannot ensure they are met by the Supplier.
11. Air Travel
    11.1. Ticket Policies
    11.1.1. Airline tickets are typically non-refundable and non-exchangeable once purchased, subject to Supplier terms.
    11.1.2. Name changes may be treated as cancellations, incurring full rebooking costs.
    11.2. Baggage and Fees
    11.2.1. You are responsible for confirming airline baggage allowances and paying excess baggage fees.
    11.2.2. International and domestic flights may have different baggage requirements.
    11.3. Airline Responsibilities
    11.3.1. We are not liable for airline schedule changes, delays, cancellations, or additional fees for services such as seat assignments, meals, or baggage.
    11.3.2. Airlines may change aircraft or seat assignments at their discretion, and we cannot guarantee specific seats or locations.
    11.4. Safety and Compliance
    11.4.1. You agree to comply with all airline safety guidelines and hold us harmless from liability due to airline restrictions or policies.
    11.4.2. You are responsible for reviewing updated security requirements at www.tsa.gov before travel.
12. Travel Insurance
    12.1. Recommendation
    12.1.1. We strongly recommend purchasing comprehensive travel insurance covering cancellations, medical emergencies, travel delays, and lost baggage.
    12.1.2. Insurance can mitigate financial risks associated with unforeseen events during travel.
    12.2. Risk Assumption
    12.2.1. If you decline insurance, you assume all risks and costs related to cancellations, delays, medical emergencies, or other losses.
    12.2.2. Some insurance policies exclude coverage for pandemics or epidemics, and you are responsible for reviewing policy terms.
    12.3. Claims and Liability
    12.3.1. We are not liable for claim denials by insurers or for your decision not to purchase insurance.
    12.3.2. Insurance claims are subject to the insurer’s terms and conditions.
13. Traveler Conduct
    13.1. Responsibility for Actions
    13.1.1. You are responsible for any damage, loss, or costs caused by your actions or those of other Travelers in your booking.
    13.1.2. You agree to pay Suppliers directly for any such damages or losses.
    13.2. Supplier Authority
    13.2.1. Suppliers or their representatives (e.g., tour operators, cruise captains) may refuse service, remove you from Travel Services, or require you to disembark if your behavior is:
    13.2.1.1. Dangerous to yourself or others.
    13.2.1.2. Socially disruptive, abusive, harassing, or discriminatory.
    13.2.1.3. In violation of Supplier rules or instructions.
    13.2.2. If removed, you will bear all costs for alternative accommodations, transportation, or subsistence, and forfeit refunds.
    13.3. Indemnification
    13.3.1. You indemnify us against any claims, including legal fees, arising from your conduct or that of other Travelers in your booking.
    13.3.2. We are not liable for costs or consequences related to your removal from Travel Services.
14. Disabilities and Special Needs
    14.1. Notification Requirement
    14.1.1. If you or any Traveler has disabilities or special needs requiring accommodations (e.g., wheelchair access, dietary restrictions), you must notify us in writing before booking.
    14.1.2. Provide details of specific requirements to ensure we can request appropriate arrangements.
    14.2. Supplier Limitations
    14.2.1. We will make reasonable efforts to request accommodations from Suppliers, but we cannot guarantee availability or suitability.
    14.2.2. International destinations may have limited accessibility, medical facilities, or prescription medication availability.
    14.3. Service Animals and Equipment
    14.3.1. If traveling with service animals or mobility devices, Suppliers may require advance arrangements, documentation, or additional fees.
    14.3.2. You are responsible for confirming Supplier policies and arranging rentals if needed.
    14.4. Health Consultation
    14.4.1. Consult your healthcare provider before booking to assess the suitability of travel destinations for your needs.
    14.4.2. We are not liable for Supplier failures to meet accessibility or special needs requirements.
15. Food Allergies
    15.1. Disclosure Requirement
    15.1.1. If you or any Traveler has food allergies or similar conditions, notify us in writing before booking.
    15.1.2. Provide details to allow us to communicate your needs to Suppliers.
    15.2. Traveler Responsibility
    15.2.1. You are solely responsible for managing food allergies, including confirming with Suppliers that your needs can be safely met.
    15.2.2. Acknowledge the potential for elevated risks of reactions during travel.
    15.3. Liability Limitation
    15.3.1. We are not liable for any issues related to food allergies, including allergic reactions or service disruptions.
    15.3.2. You agree not to pursue chargebacks related to food allergy issues.
16. Risk Activities
    16.1. Definition
    16.1.1. Risk Activities include any activities with inherent risks to health, safety, or property, such as adventure sports, water activities, or high-altitude tours.
    16.1.2. Participation is at your sole discretion.
    16.2. Assumption of Risk
    16.2.1. You assume all risks and costs associated with Risk Activities, including injury, property damage, or financial loss.
    16.2.2. You release us from all liability related to Risk Activities.
    16.3. Supplier Requirements
    16.3.1. Suppliers may require waivers or certifications for Risk Activities, which you must comply with.
    16.3.2. We are not responsible for Supplier cancellations or restrictions on Risk Activities.
17. Travel Documentation and Identification
    17.1. Traveler Obligations
    17.1.1. You are responsible for obtaining and maintaining valid passports, visas, and other required travel documents for all Travelers.
    17.1.2. Passports must be valid for at least six months beyond your return date, unless otherwise specified by the destination.
    17.2. Name Accuracy
    17.2.1. Names on all reservations and travel documents must match government-issued identification exactly.
    17.2.2. You are responsible for any fees or losses due to incorrect or mismatched names.
    17.3. Minor Travelers
    17.3.1. Minors (age 17 and under) traveling without both parents or with non-parent adults may require additional documentation, per Supplier or government requirements.
    17.3.2. You must confirm and provide such documentation in advance.
    17.4. Consequences of Non-Compliance
    17.4.1. Failure to provide valid documentation may result in denied boarding, entry, or return, with no refunds.
    17.4.2. We can assist with guidance on documentation upon request but are not liable for your failure to comply.
18. Entry and Exit Requirements
    18.1. Traveler Responsibility
    18.1.1. You must confirm and comply with all entry and exit requirements for your travel destinations, including visa, vaccination, and health documentation.
    18.1.2. Requirements may vary based on your nationality, travel itinerary, or stopovers.
    18.2. Criminal Records
    18.2.1. Some countries restrict entry for individuals with criminal records.
    18.2.2. You are responsible for verifying entry laws and disclosing any relevant information to authorities, as we do not inquire into criminal histories.
    18.3. No Refunds for Entry Refusal
    18.3.1. Refusal of entry due to missing documentation, criminal records, or other reasons will not justify cancellations, chargebacks, or refunds.
    18.3.2. You bear all costs associated with entry denial.
19. Pandemics, Epidemics, and Travel Advisories
    19.1. Traveler Awareness
    19.1.1. You are responsible for staying informed about travel advisories, health restrictions, and entry requirements, including those related to pandemics, epidemics, or other health threats.
    19.1.2. Review current guidelines from the U.S. CDC (cdc.gov) and U.S. Department of State (travel.state.gov) before and during travel.
    19.2. Health Requirements
    19.2.1. Destinations may require testing, vaccination proof, quarantine, or other health documentation, which you must provide.
    19.2.2. Limited availability of testing or medical facilities at your destination may impact your ability to meet return requirements.
    19.3. Consequences of Non-Compliance
    19.3.1. Failure to comply with health or entry requirements may result in denied boarding, entry, or return, with no refunds.
    19.3.2. You bear all costs for quarantine, testing, or alternative travel arrangements.
    19.4. Liability Limitation
    19.4.1. We are not liable for cancellations, delays, or costs due to health-related restrictions, government interventions, or force majeure events.
    19.4.2. You agree not to pursue chargebacks or legal action against us for such issues.
20. Restricted Products and Hazardous Materials
    20.1. Restricted Products
    20.1.1. You are responsible for complying with laws in each jurisdiction regarding restricted products, including but not limited to animals, plants, alcohol, firearms, or cultural artifacts.
    20.1.2. Illegal drugs or restricted medications may result in prosecution or termination of Travel Services.
    20.2. Hazardous Materials
    20.2.1. Federal law prohibits hazardous materials (e.g., explosives, flammable liquids, lithium batteries) on aircraft, with penalties including fines or imprisonment (see 49 U.S.C. 5124).
    20.2.2. Review TSA restrictions at www.tsa.gov and Supplier policies before travel.
    20.3. Insecticide Treatments
    20.3.1. Some foreign airports require insecticide treatments in aircraft cabins, per U.S. DOT guidelines (www.transportation.gov/airconsumer/spray) (www.transportation.gov/airconsumer/spray).
    20.3.2. You are responsible for understanding and complying with such requirements.
21. Limitations of Liability
    21.1. No Liability for Supplier Actions
    21.1.1. We act solely as an agent for Suppliers and are not liable for their actions, errors, omissions, or failures, including but not limited to:
    21.1.1.1. Delays, cancellations, or itinerary changes.
    21.1.1.2. Bankruptcy or cessation of operations.
    21.1.1.3. Personal injury, property damage, or financial loss.
    21.1.2. We are not responsible for third-party actions or Traveler conduct.
    21.2. Damage Limitation
    21.2.1. Our liability, if any, is limited to the commissions or fees we receive for Booking Services.
    21.2.2. We are not liable for direct, indirect, incidental, consequential, or punitive damages, whether based on contract, tort, or otherwise.
    21.3. Exclusion of Warranties
    21.3.1. All implied warranties, including fitness for a particular purpose, are excluded to the fullest extent permitted by law.
    21.3.2. Our sole obligations are as stated in these Terms.
22. Dispute Resolution
    22.1. Negotiation
    22.1.1. Any disputes arising under these Terms will first be addressed through good-faith negotiation within 60 days of written notice.
    22.1.2. Both parties agree to engage in discussions to resolve issues amicably.
    22.2. Arbitration
    22.2.1. If negotiation fails, disputes will be submitted to binding arbitration in Florida, conducted by a single arbitrator under Florida law.
    22.2.2. The arbitrator may not add parties, modify these Terms, award punitive damages, or certify a class.
    22.2.3. Each party will cover its own legal costs and fees.
    22.3. Jurisdiction
    22.3.1. Arbitration will be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed.
    22.3.2. The arbitration decision is final and binding.
23. Force Majeure
    23.1. Definition
    23.1.1. Force majeure includes events beyond our reasonable control, such as acts of God, floods, fires, wars, terrorism, pandemics, strikes, or government actions.
    23.1.2. These events may delay or prevent performance of obligations under these Terms.
    23.2. No Liability
    23.2.1. We are not liable for delays, cancellations, or non-performance due to force majeure events.
    23.2.2. Suppliers may modify or cancel Travel Services without notice, and we are not responsible for resulting costs or losses.
    23.3. Traveler Responsibility
    23.3.1. You bear all costs for alternative travel arrangements or accommodations due to force majeure events.
    23.3.2. No refunds will be issued for disruptions caused by such events, subject to Supplier policies.
24. General Provisions
    24.1. Amendments
    24.1.1. We may amend these Terms at any time in writing, with the updated version effective upon posting or notification.
    24.1.2. Continued use of our services constitutes acceptance of amended Terms.
    24.2. Assignment
    24.2.1. You may not assign your rights or obligations under these Terms without our prior written consent.
    24.2.2. We may assign our rights with notice to you.
    24.3. Waiver
    24.3.1. No delay or failure to enforce these Terms constitutes a waiver of our rights.
    24.3.2. Waivers must be in writing and apply only to specific instances.
    24.4. Severability
    24.4.1. If any provision is found unenforceable, it will be enforced to the fullest extent permitted, and other provisions remain in effect.
    24.4.2. Unenforceable provisions will be reformed to reflect the original intent.
    24.5. Relationship of Parties
    24.5.1. These Terms do not create an agency, partnership, joint venture, or employment relationship between you and us.
    24.5.2. You have no authority to bind us or incur obligations on our behalf.
    24.6. Notices
    24.6.1. Notices must be in writing and sent to [insert contact email or address], with receipt confirmation.
    24.6.2. Notices are deemed received upon confirmation of delivery.
    24.7. Governing Law
    24.7.1. These Terms are governed exclusively by Florida law, without regard to conflict-of-law principles.
    24.7.2. Any legal actions not subject to arbitration will be filed in Florida courts.
    24.8. Entire Agreement
    24.8.1. These Terms constitute the entire agreement between you and us, superseding all prior agreements, written or oral.
    24.8.2. Any additional agreements must be in writing and signed by both parties.
25. Seller of Travel Credentials
    25.1. Agency Affiliation
    25.1.1. Janet Avila dba The Vacation Helper operates as an independent contractor under Outside Agents.
    25.1.2. We are authorized to provide Booking Services under Outside Agents’ licensing.
    25.2. Credentials
    25.2.1. Florida Seller of Travel Ref. No.: ST15578
    25.2.2. California Seller of Travel No.: 2090937-50
    25.2.3. Washington UBID No.: 603189022
    25.2.4. Iowa Registered Agency No.: 1202
    25.3. Disclaimer
    25.3.1. Registration as a seller of travel does not constitute approval by any state.
    25.3.2. Compliance with state regulations ensures consumer protection but does not imply endorsement.

26.1. Agreement to Terms
26.1.1. By authorizing payment for any travel-related services, you, as the Lead Traveler, acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions on behalf of yourself and all Travelers in your booking.
26.1.2. You confirm that you have shared these Terms with all Travelers in your booking and have obtained their agreement to comply with these Terms.