Service Agreement
This Travel Service Agreement is made on the date provided at the below portion of this Agreement, (the "Effective Date") between Charming Wonders, ( the “Company”) whose principal place of residence is, 760 N. Alexandria Ave. Los Angeles, CA 90029 and “Traveler” whose legal name is designated at the below signature.
I. DEFINED TERMS
Booking: This term refers to Traveler’s act of booking a destination and paying the required deposit.
Cancel for Any Reason Travel Insurance: Travel insurance is mandatory and must be purchased at time of booking. Cancel for Any Reason (CFAR) is one of the most flexible travel policies available.Unlike other travel insurance plans that have certain disclaimers for situations that they will and will not protect against, CFAR insurance allow Traveler to change plans “for any reason.”
Client Documentation: Each Traveler shall provide all travel required documentation via email, on designated due date.
Travel Credit: Although Company does not provide refunds, under limited circumstances, as defined below, the Company will issue a travel credit which will allow Traveler to apply any fees Traveler has paid to Company to another trip if a trip is suspended by Company.
II.TERMS & CONDITIONS
Company’s standard terms and conditions apply except where modified below. Please visit www.charmingwonders.com for complete details.
III. RESERVATIONS
All reservations must be accompanied by a non-refundable deposit to the Company. There are no exceptions to this deposit fee. This information is shared on the website, prior to your agreement to book Traveler’s destination. No travel arrangements will be booked unless the deposit is paid.
IV. TRAVEL PROTECTION
The Company requires all Travelers to purchase “Cancel for any Reason” travel protection (“protection”). Cancel for any Reason travel protection must be purchased within 72 hours of booking. Traveler must provide proof of Cancel for any Reason travel protection via email at dynise@charmingwonders.com. It is Traveler’s responsibility to thoroughly review the terms and conditions of the Cancel for any Reason travel protection Traveler purchases. Company is not responsible for Traveler’s selection of Cancel for any Reason travel protection. In the event that Traveler seeks to state a claim pursuant to Traveler’s Cancel for any Reason travel protection policy, Traveler will file a claim with the Company that issued the policy. Traveler must indicate any intent to cancel via email at dynise@charmingwonders.com.
V. NO REFUND POLICY
The Company does not issue refunds for any reason. However, Company will only provide a travel credit if the trip is suspended by Company. Any travel credit must be used within 12 months from the date the credit is issued.
VI. NO ROOM TRANSFER BY GUEST
Traveler agrees that neither Company nor Traveler shall be permitted to assign any rights or obligations under this travel agreement, or to resell or otherwise transfer to persons not associated with Company reservations for guest rooms, meeting rooms or any other facilities made pursuant to this travel agreement.
VII. PAYMENT
Traveler has three payment options. Traveler may pay in equal 6 month installments, Pay in 4 by Paypal or pay in full, via Company website. If Traveler’s card is declined or payment is not made by the agreed upon date, this agreement shall be deemed breached and Company shall terminate the Agreement and may retain any money that Traveler has paid. Traveler acknowledges and understands that Traveler’s intermediate payments are used for the purpose of facilitating the transaction and cannot be refunded because said fees are necessary to pay for travel expenses to various vendors and service provides on a rolling basis.
Traveler authorizes Company to automatically deduct monthly payments from Traveler's credit card account. The payments will be charged on the fifteenth day of each month through the end of the agreed payment schedule or until permission has been removed by Traveler. No late payment extensions, no exceptions.
VIII. PASSPORTS & VISAS
Traveler is required to have a passport valid for at least six (6) months prior to the date of travel and a visa, if required. IMPORTANT: Passengers who are not U.S. Citizens must check with the respective consulate or a visa agency to determine what personal identification is required. Travelers requiring visas, whether obtained in advance or locally upon arrival, should ensure that their passport has unstamped visa pages. Company does not purchase nor apply for your passport or visa.
IX. NAME CHANGES FEES
Any changes to your booking, whatever the cause, Traveler will incur a $200 charge plus any additional supplier fees. This includes name changes and removal of any services such as optional tours and transfers. All unused services are non- refundable.
X. GROUP TOGETHERNESS
To ensure the desired group energy, Company reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to: individuals who are intoxicated and/or under the influence of drugs, individuals involved in physical and verbal altercations, and individuals who do not show decency and respect for others. Any Traveler released from a trip will incur the cost of any cancellation fees and/or costs for alternate travel plans or to return home. All unused services are non-refundable.
XI. DOCUMENTS
Provided full payment is received no later than your Final Payment Due date, documents will be sent via email fifteen (15) to twenty-one (21) days prior to the travel date.
Please share with the Company that Traveler is military so that the documentation can be requested and delivered to Traveler within a timely manner for further review.
XII. TRAVELER’S DUTIES AND UNDERSTANDING
Please review and initial each item below to confirm Traveler’s understanding of the following important terms which should be advised to all Travelers:
_____Traveler’s names provided will match EXACTLY the full name(s) as listed in each passport, including middle name(s) or initial(s), or as listed on government-issued ID for passengers traveling within the USA. Any discrepancy may result in cancellation, change fees, new and higher airfares or denial of services is the responsibility of the traveler.
_____If traveler disputes a credit card transaction for "fraudulent activity," after he/she has made their monthly payment, he/she will be removed from the booking immediately.
_____Traveler is responsible for providing the correct travel documentation (passport, visa, identification) for the destination(s) to be visited. Passports are required to be valid for at least 6 months beyond the travel dates.
_____Company is not responsible for penalties incurred for tickets, international or domestic, not issued by our vendor due to schedule and/or flight changes.
_____Company is not responsible for misplaced/stolen passports, luggage, personal items. These items must be secured by traveler at all times.
_____Traveler understands that by this Agreement, Traveler consents to the understanding that Traveler’s deposit is non-refundable with no changes and no refunds.
_____ Traveler has read the Terms & Conditions, and agrees that Traveler’s payment and subsequent acceptance of travel documents constitutes Traveler’s acceptance, and the acceptance of Traveler’s group participation, of those Terms & Conditions.
_____Traveler has read and understands all terms and conditions above and all of the terms that may be reviewed at www.charmingwonders.com. Traveler’s payment and signature below constitutes acceptance of those terms.
_____Traveler accepts that Company is not responsible for, nor will I attempt to hold Company liable for any injury, damage or loss Traveler may suffer on account of any conditions, actions or omissions that are beyond its reasonable control. Excepting only liability that directly arises from the gross negligence or willful misconduct of Company. Traveler will not hold Company responsible for any injury, damage or loss Traveler may suffer while on any third party provided or operated excursion or activity.
_____Traveler will review Traveler’s documents for accuracy upon receipt and understand that Traveler may contact the Company if Traveler has any questions. Traveler understands that it is Traveler’s responsibility to review the accuracy of all details in the travel quotations provided to Traveler and to confirm the same to Company.
_____Traveler understands that all reservation fares typically involve restrictions (including, but not limited to, restrictions related to cancellation) and that changing any aspect of Traveler’s travel arrangements may result in the payment of additional money.
_____Traveler understands that the Transportation Security Administration (TSA) requires Traveler to carry a government issued identification card in order to board a flight. Traveler has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on Traveler’s airline ticket and Traveler’s booking records. Traveler acknowledges that Traveler’s failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Traveler to Traveler’s flight.
_____Traveler understands that if traveling internationally, Traveler must have a valid passport (valid 6 months prior to departure) and depending upon traveler’s destination and nationality, Traveler may need to obtain one or more visas.
_____Company has no special knowledge regarding the financial condition of travel service providers selected for Traveler’s tour, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which Traveler may travel. For information concerning possible dangers at destinations, Company recommends contacting the Travel Warnings Section of the U.S. State Department at 1-888- 407-4747 or www.travel.state.gov. For medical information, Company recommends contacting the Centers for Disease Control at 1-800-232-4636 or www.cdc.gov/travel.
_____Traveler assumes full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Traveler’s destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
______Traveler agrees that any action or proceeding brought by Traveler against Company shall be brought solely in the courts of California, Los Angeles In the event any action or proceeding is initiated by Traveler in a court outside of Los Angeles, CA Traveler agrees to pay Company's costs and reasonable attorney fees associated with defending such action or proceeding.
VIII. NON-DISPARAGEMENT CLAUSE
Traveler agrees not to disparage or denigrate the Company orally or in writing, and that neither Traveler nor anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the Company, its operations, travelers, employees, products, or services without the prior written consent of the Company. If Traveler breaches this provision, Traveler shall be liable for direct as well as any incidental or consequential damages including, without limitation, loss of revenue or loss of profits.
VIIII. LIMITATION OF LIABILITY
In no event and under no circumstances shall Company be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss of revenue or loss of profits, for any reason whatsoever arising under this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort, civil liability or otherwise.
In all events, Company’s absolute liability under, or in any way related to this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort or otherwise, shall be limited to the dollar value of the fees earned by Company.
XV. SEVERABILITY
If for any reason whatsoever, any term or condition of this Agreement or the application thereof to any Party or circumstance is, to any extent, invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to the parties or circumstances shall not be affected thereby and shall be separately valid and enforceable to the fullest extent permitted by law.
XVI. DISPUTE RESOLUTION & ARBITRATION
Any dispute, controversy or claim arising out of or relating to this transaction shall be exclusively resolved by binding arbitration. The complaining party must provide written notice of the party’s intent to seek arbitration. Such notice shall indicate the basis of the dispute. Within thirty (30) days of such notice, the Parties shall to attempt to resolve the dispute in good faith via email, escalations@melaninglobe.com. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party may seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim dispute or breach.
This agreement to arbitrate shall be specifically enforceable. The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an arbitration proceeding, the arbitrator shall be selected by the American Arbitration Association in accordance with the terms of this agreement. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in South Carolina. The laws of the South Carolina shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. The parties shall evenly split any initial cost. However, the prevailing party, as determined by the arbitrator, shall be entitled recoup, without limitation, reasonable attorneys ‘fees and costs.
XVII. CHOICE OF LAW AND FORUM CLAUSE
The laws of the State of South Carolina govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. As noted in section ‘XIX’ all disputes must be arbitrated. In the event that the arbitration clause is deemed invalid for any reason, any action must be initiated solely in the courts of South Carolina located in York County. In the event any action or proceeding is initiated by me in a court outside of York County, South Carolina, Traveler agrees to pay COMPANY's costs and reasonable attorney fees associated with defending such action or proceeding.
XVIII. INTEGRATED DOCUMENT
This Agreement (including the Addendums to this Agreement) constitutes the entire Agreement of the Parties, superseding all previous Agreements covering the subject matter. This Agreement shall not be changed or modified except by written agreement, specifically amending, modifying and changing this Agreement, signed by Company and Traveler.
Company will be happy to proceed and book the above space upon receipt of Traveler’s acceptance of Company’s proposal, along with the deposit. Please initial below.
_____Traveler will purchase "Cancel for Any Reason" travel protection from an outside agency and provide a copy within 10 business days of tour deposit.