Client Service Agreement

This is a service agreement between the traveler and traveler's party (herein, collectively the “Client”) and the The Constant Wanderlust, LLC (herein, the “Vendor”). 

The Vendor will provide itinerary planning services, which may include, but are not limited to, arranging accommodations, transportation, tours, activities and reservations as well as the coordination and management of such reservations (the “Services”). The Cost of Services (hereinafter defined) shall be determined and communicated to Client following the initial consultation with Vendor and will be based on the specific Services selected by Client. 

Purpose of the Agreement:

Client wishes to hire Vendor to provide the Services for their travel outlined in this itinerary. Any additional services/products requested by the client that is incurred by Vendor will be billed directly to the client at cost.

Delivery of Services: Vendor will provide all Services outlined unless otherwise specified in this Agreement. When the provided Services are tied to the number of travelers that Client expects to attend Client's travels, Client agrees to notify Vendor with an accurate traveler count.

Cost of Services (trip planning fee): The total cost for services varies based on the scope of the trip and will be mutually agreed upon and paid prior to any travel bookings or reservations (herein, the “Cost of Services” or “Trip Planning Fee”). This is separate from the cost of your trip.

Cost of Trip: All costs pertaining to the trip (e.g. accommodations, activities, reservations and insurance) (herein, the “Costs of Trip”) will be paid by the Client, either directly or indirectly via separate payment authorization.

Final payment is due prior to departure or consumption according to each supplier's (e.g. airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) (each hereinafter referred to as a “Supplier”) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, there is no refund once a booking is made and paid for. Vendor will review all contracts with Client and align payment feasibility and communicate all cancellation/rescheduling considerations.

Limit of Liability and Indemnification; Client Responsibility:

Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the total Cost of Services provided by Vendor.

Indemnification: Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or products Vendor provides to Client.

Client Responsibility: Client is solely responsible for ensuring compliance with all travel documentation requirements, including but not limited to possessing a valid passport, REAL ID, visas, entry permits, and any other required identification or documentation for domestic or international travel. Vendor may provide information or reminders regarding these requirements as part of its Services; however, it is ultimately the Client’s responsibility to review and act upon this information.

Vendor shall not be liable for any losses, missed departures, denied boarding, cancellations, delays, or additional expenses incurred due to Client’s failure to:

(a) obtain and carry proper travel documentation;

(b) comply with airline, government, or destination requirements; or

(c) follow travel instructions and advisories provided by Vendor.

Client acknowledges that failure to comply with such requirements may result in being unable to travel or complete the planned itinerary, and agrees to hold Vendor harmless from any claims, damages, or losses arising from such failure.

Cancellation, Rescheduling and No-Shows

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the Trip to occur or failure of one or more essential parties to the Trip to show up in a timely manner, Client shall provide notice to Vendor as soon as possible to Vendor's email address jennifer.rosenberg@fora.travel.

If the Trip is rescheduled by the Client, the payment received for Cost of Services can be used to reschedule the trip with the existing itinerary. If the trip is canceled, the Vendor has no obligation to fill the void created by the Client's cancellation or no- show or if it becomes impossible for Vendor to provide the Services due to the fault of the Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Cost of Services provided by Vendor. The Client is not relieved of any payment obligations for the Cost of Trip unless otherwise noted in the agreements with Suppliers.

Refunds and allowances will be governed by the respective Supplier's terms and conditions. Client expressly acknowledges and agrees that Vendor will in no way be liable for any Cost of Trip, regardless of the nature of any itenerary cancelation or termination by Client, Supplier, or otherwise. 

Impossibility

Force Majeure: Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurence outside of the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak, or explosion, or act or threat of terrorism.

Failure to Perform Services: In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Client's email address and
2. Issue a refund or credit for any Cost of Services (trip planning fee) rendered.
3. Excuse Client of any further performance and/or payment obligations in this Agreement (payments must still be met by any confirmed Supplier's terms and conditions).

General Provisions

Governing Law: The laws of Virginia govern all matters arising out of or relating to this Agreement, including torts.

Severability: If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice: Parties shall provide effective notice ("Notice)" to each other via either of the following methods of delivery at the date and time which the Notice is sent. Notice to Vendor to be sent to jennifer.rosenberg@fora.travel. Notice to Client to be sent to Client Email as indicated at the beginning of this Agreement.

Merger: This Agreement constitutes the final, exclusive agreement between the parties relating to the Travel Advisor/Trip Planning and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment: The parties may amend this Agreement only by the parties' written consent via proper Notice.