GENERAL TERMS AND CONDITIONS
for the Services by
WANDERLUST TRAVEL PLANNER
1. Applicability. These terms and conditions of sale (these “Terms”) are the exclusive terms governing the provisions of the services (“Agent”) by WANDERLUST TRAVEL PLANNER, (“Agent”) to any individual or entity having met the payment terms (“Client”).
2. Scope of Services. Agent acts as an intermediary between Client and third-party travel vendors such as airlines, hotels, tour operators, cruise lines, and other service providers (collectively, “Vendors”) to provide travel advisory, booking coordination, and itinerary planning services as an accommodation (the “Services”). The relationship between Client and Vendors is governed exclusively by the terms and conditions set forth by Vendors and agreed to by Client (“Vendors’ T&C”), which are separate and distinct from these Terms. These Terms do not modify, amend, supplement, replace or supersede Vendors’ T&C in any way. In the performance of the Services, Agent will work with Client to curate travel options according to Client’s list of preferences and budget. Agent provides travel planning, booking, organizing, scheduling, and related services based on Client’s preferences and instructions. Agent is not the direct provider of transportation, accommodations, or other travel-related services unless explicitly stated. Agent endeavors to fulfill all Client’s travel preferences but cannot guarantee the availability or quality or completeness of Vendor services.
3. Booking and Payment. (a) All bookings are completed through Agent’s online portal. At the time of booking, Client is required to (i) verify that information for each traveler is true and accurate, (ii) accept these Terms, (iii) accept all applicable Vendors’ T&C, and (iv) submit all payments required by Vendors’ T&C. (b) Client agrees that by initiating a booking through Agent’s online portal, a pre-authorization hold may be placed on their credit card for the estimated cost of services. Client further acknowledges and agrees to be financially responsible for any penalties, fees, damages, cancellations, or other charges imposed by Vendors or incurred as a result of the booking. (c) Quoted prices are subject to change until full payment is received and the booking is confirmed. Changes may occur due to factors such as fuel surcharges, currency fluctuations, taxes, or Vendor rate or price increases. (d) All bookings are subject to availability at the time of submission and require confirmation by the respective Vendor. A booking is not finalized until Client receives written confirmation from Agent, typically via email or through Agent’s online portal. A non-refundable deposit may be required to secure a reservation, as specified at booking. Any remaining balance is due by the date(s) indicated in the confirmation. (e) For bookings involving multiple travelers or group travel, the Client is authorized person facilitating the reservations on behalf of the group is solely responsible for ensuring all payments are timely received by the payment deadline(s) and for communicating these Terms to the group. Agent is not liable for disputes among group members regarding payments or arrangements. (f) If payment deadlines are missed, Vendors’ T&C control any rights and remedies of Client and Vendor, which may include, but is not limited to, cancellation, retention of any non-refundable deposits paid, and charging additional cancellation fees as per Section 6. Client will be notified of impending deadlines at least five (5) days in advance, wherever feasible. (g) Client acknowledges and agrees that: (i) Agent is not directly compensated by Client for the Services, but rather, Agent may receive compensation from Vendors in connection with bookings made on Client’s behalf; (ii) Because Client does not pay Agent directly for services rendered, Client understands and agrees that they are not entitled to initiate or pursue any chargeback, payment dispute, or reversal of any transaction involving travel bookings, reservations, or third-party charges processed as part of the itinerary arranged by Agent; and (iii) Client further agrees that any disputes or issues regarding travel experiences, cancellations, or refunds are subject to the Vendors T&C and must be resolved directly with such Vendors, and Agent will provide reasonable assistance in facilitating communication but is not financially liable for the acts, omissions, or policies of third parties.
4. Travel Insurance. Agent strongly encourages purchasing comprehensive travel insurance covering cancellations, delays, missed flights, medical emergencies, baggage loss, and other contingencies. Travel insurance policies are contracted through third party insurance companies. It is Client’s responsibility to understand the terms of the policy and submit any claims if needed. Agent is not liable for disputes with the travel insurance companies. If Client elects not to purchase travel insurance, Client accepts the Vendors’ T&C, including, but not limited to the cancellation/change policy, and assumes all risk.
5. Client’s Acts or Omissions. If Agent’s performance of its obligations under these Terms is prevented or delayed by any act or omission of Client or its agents, subcontractors, consultants, or employees, Agent shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay. Client is responsible for accurately providing all travel information specific to passengers and for verifying all trip details. No less than 24 hours following the receipt of booking confirmation, Client will review and verify the accuracy of all travel information and notify Agent of any errors or discrepancies. Client must ensure they have proper and valid documentation (passports, visas, vaccinations, etc.) and any other documentation that is required for entry to their destination. No refunds will be issued for non-compliance with this policy by Client, including any denial of entry or re- entry if Client has past or current convictions or warrants for their arrest.
6. Cancellations and Refunds. (a) Cancellations Requests to Agent: All cancellation requests must be submitted in writing via e-mail or through Agent’s online portal. Agent agrees to submit all cancellation requests within five (5) business days of receipt. The date of receipt of your cancellation request will determine applicable fees and refund policy. Client will refer to Vendors’ T&C. (b) Cancellations with Vendors: Refunds for services, including, but not limited to, as flights, accommodations, tours, excursions, dining, or other Vendor-offered services are subject to the cancellation policies of the respective vendors (airlines, hotels, tour operators, restaurants, etc.). Agent will facilitate refund requests but cannot guarantee reimbursement. Additional non-refundable fees and taxes may still apply. (c) Partial Cancellations: If Client cancels only a portion of the booking (i.e. a single traveler in a group or a single Vendor service), the remaining components may be repriced and additional charges may apply to reflect updated costs. (d) Refund Process: Agent agrees to submit all requests for refunds within five (5) business days of receipt. The manner, timing and method for processing requests and refunds, as appliable, are subject to Vendors T&C. Delays caused Vendors, third-party providers, or financial institutions are beyond control of Agent, and Agent shall not be found liable for such delays.
7. Changes to Bookings. (a) By Client: Requests to modify the itinerary by Client must be submitted in writing and are subject to availability and approval by the applicable Vendor(s). Modification fees may apply, including an Agent Service Fee of two hundred and fifty dollars ($250) per change, plus any penalties or price differences imposed by Vendors. In accordance with Vendors’ T&C, changes may be treated as cancellations and subject to the terms above, followed by a new booking. This specifically includes a new booking as a result of a missed flight, missed connection flight, rerouting or change of destinations. (b) By Vendors: Agent is not responsible for changes, cancellations, or disruptions initiated by Vendors, including but not limited to flight schedule or aircraft changes, hotel overbookings, tour cancellations, or transportation delays. Additional costs arising from such changes, cancellations, or disruptions are responsibility of Client and not Agent. Client agrees to seek recovery of all such costs from travel insurance, if applicable, or directly from the Vendor. To the extent Agent assists Client in requests for reimbursement with Vendors, Agent does not guarantee the outcome of such requests. (c) Agent will notify Client of itinerary changes within two (2) business days of receiving notice from Vendors, using the contact information provided at booking. It is Client’s responsibility to ensure contact details are current and to check for updates prior to travel.
8. Limitation of Liability. (a) As an intermediary, Agent is not responsible for the acts, omissions, or negligence of Vendors, including but not limited to delays, cancellations, injuries, or property damage. (b) Agent’s liability, if any, is limited to the total amount paid to Agent for their services, excluding Vendor costs. (c) By engaging Agent’s services, Client acknowledges and accepts inherent travel risks, including, but not limited, injury, illness, death, transportation, accommodations, excursions, or loss and agree to hold Agent harmless from such occurrences.
9. Compliance with Law. Client shall comply with all applicable laws, regulations, and ordinances. Client shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under these Terms.
10. Confidential Information. All non-public, confidential or proprietary information of Agent, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Agent to Client, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with these Terms is confidential, solely for the use of performing this agreement and may not be disclosed or copied unless authorized in advance by Agent in writing. Upon Agent’s request, Client shall promptly return all documents and other materials received from Agent. Agent shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Client at the time of disclosure; or (c) rightfully obtained by Client on a non-confidential basis from a third party.
11. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations of Client to make payments to Agent hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
12. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
13. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case located in the City of Edwardsville and County of Madison, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
14. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
15. Amendment and Modification. These Terms may only be amended or modified in a writing stating specifically that it amends these Terms and is signed by an authorized representative of each party.