terms and conditions
TERMS OF SERVICE
#### CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of F&L Travel (“F&L” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using, or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. If you do not accept all of these terms, then please do not use our services or our websites. These Terms and Conditions govern the relationship between F&L Travel and you, the Customer. These terms restrict your rights and remedies and provide protection to F&L Travel, including warranty disclaimers and liability exclusions. By using F&L Travel services and this website, you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or F&L Travel services. Therefore, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website or our services. No alterations to these terms and conditions may be made by any F&L Travel employee, advisor, representative, or agent, unless in writing by an authorized officer of F&L Travel.
#### USE OF F&L TRAVEL ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with F&L Travel by any means, including our website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for the use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of F&L Travel communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with F&L Travel is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by F&L Travel shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by F&L Travel and any supplier with whom you elect to deal, or with whom F&L Travel deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in F&L Travel debiting your account for any costs F&L Travel incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through F&L Travel. Customer authorizes F&L Travel to book on third-party travel booking sites to fulfill Customer’s travel requests. Customer ratifies F&L Travel’s actions on Customer’s behalf, including acceptance of such third party’s terms and conditions, which limit Customer’s rights, and Customer agrees to be bound by such actions. In the event of any inconsistency or ambiguity of terms, F&L Travel shall benefit from the most favorable term(s) in each instance.
#### TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight found in [TSA acceptable IDs](http://www.tsa.gov/traveler-information/acceptable-ids). Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. F&L Travel strongly recommends that you take into account that certain countries will not admit a passenger if his or her passport expires within six (6) months of the date of entry and that some countries require that the traveler’s passport have 4 to 6 blank visa/stamps pages. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted unless authenticated and verified consent forms are provided to the authorities. Please see [U.S. Customs and Border Protection](https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel). The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from a contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry the travel documentation required.
#### INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (See: [International Travel Country Information Pages](https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html)). F&L Travel neither controls nor warrants the issuance of visas related to applicable travel. It is Customer’s responsibility to verify that all the visas required for your trip have been obtained, that the visas for each country are valid for the entry and exit dates of your visit, that your personal details are accurately reflected and that your passport is valid for at least six months beyond the completion date of your trip. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, F&L Travel is not responsible for lost payments made toward the contemplated trip. We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (See: [Overcome Criminal Convictions](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html))
#### RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. F&L Travel urges customers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at [U.S. Department of State](http://www.state.gov), [TSA](http://www.tsa.gov), [Department of Transportation](http://www.dot.gov), [Federal Aviation Administration](http://www.faa.gov), [Centers for Disease Control and Prevention](http://www.cdc.gov), and [U.S. Customs and Border Protection](http://www.cbp.gov). The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to [STEP](https://step.state.gov/step/). The undersigned client and all persons in the client’s traveling party hereby release and discharge F&L Travel, and F&L Travel’s agents, employees, officers, directors, shareholders, and independent contractors, from and against any and all liability arising from the participation in the trip, including third-party negligence, Acts of God, force majeure, epidemic, pandemic, and the undersigned client and all persons in the client’s traveling party agree that this release will be legally binding upon them and their heirs, successors, assigns, and legal representatives, it being the client’s intention fully to assume all risk of travel and to release F&L
Travel from any and all liabilities to the maximum permitted by law. The client acknowledges that he/she/they are aware that the trip being undertaken involves potentially dangerous activities and, depending on the itinerary (whether or not in remote areas of the world), with a risk of illness, injury, or death which may be caused by forces of nature, illness, disease, epidemic, pandemic, accident, willful or criminal conduct of third parties, terrorism or other factors. The client represents that the client makes a conscious decision to assume the inherent risks of the trip’s activities. The client further acknowledges that weather conditions may be severe, adverse, and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which the client is participating in the trip and that when same are available, they may not be of the quality which exists in the United States.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, F&L TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
#### HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel and to make the necessary accommodation for security rules imposed by government authorities. F&L Travel shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the [USA State Department Website](http://travel.state.gov), for relevant information relating to travel to specific destinations, and the [USA Centers for Disease Control](http://wwwnc.cdc.gov/travel/) relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit [TSA](http://www.tsa.gov), [DOT](http://www.dot.gov), [FAA](http://www.faa.gov.us), [Department of the Treasury](http://www.ustreas.gov), [U.S. Customs and Border Protection](http://www.cbp.gov) on a regular basis for information regarding the incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and [USCIS](http://www.uscis.gov/) for non-USA citizens. (Customer is responsible to make F&L Travel aware when traveling on a passport from a country other than the USA.)
#### IMPORTANT INFORMATION FOR DOMESTIC AIR TRAVELERS
The Federal Real ID Act mandates stricter security standards for state-issued driver’s licenses and other forms of identification and prohibits Federal agencies from accepting for official purposes identification that does not meet these standards. Beginning on October 1, 2021, every air traveler will need to present Real ID-compliant identification to be permitted to board a domestic flight; therefore, those holding a non-compliant driver’s license will need to present an acceptable alternate form of identification, such as a valid U.S. passport. To avoid disruption to their travel plans, air travelers are strongly encouraged to consult with the Department of Homeland Security ([DHS](www.dhs.gov/real-id)) to determine whether their state-issued identification is Real ID-compliant and, if not, what alternate forms of identification will be accepted at the airport.
#### HAZARDOUS MATERIALS
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed [TSA Prohibited Items](http://www.tsa.gov/traveler-information/prohibited-items) and [FAA Hazardous Materials Safety](http://www.faa.gov/about/initiatives/hazmat_safety/)
#### INSECTICIDE NOTICE
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: [Aircraft Disinsection Requirements](http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements)
#### ITINERARY
WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW IT AND VERIFY ALL INFORMATION FOR ACCURACY. Check the documentation thoroughly to make sure all booking details are correct as to name spelling, members of your travel party, dates, times, fares, and rates and notify us immediately of any corrections required. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TO YOUR RESERVATION WITHIN SEVENTY-TWO (72) HOURS OF RECEIVING YOUR TRAVEL DOCUMENTS, F&L TRAVEL BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.
#### SPECIAL REQUESTS AND FOOD ALLERGIES
Please note special meal requests and food allergies must be shared in writing with your consultant. F&L Travel and its affiliates cannot be responsible if special requests are not met but we will pass them on to the airlines, hotels, and restaurants. If you have dietary restrictions or food allergies, be sure to carry your medications with you at all times. You should carry a list of food allergies written in the language of the country in which you are dining to present to the food service staff. Also, discuss your special needs with the wait staff about the foods you are served.
#### MOBILITY CONCERNS
The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Tour personnel are not able to provide attendant services. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. Sightseeing on tours almost always includes walking. Visits to historical places often mean climbing stairs and walking on uneven surfaces or cobblestones. Consult your physician if you have any concerns about your ability to participate.
#### TRAVEL PLANNING FEE AND RETAINER
We begin each client engagement with a complimentary 30-minute consultation in order to identify your travel specifications (“must haves,” special needs, passions, and budget). The initial conversation is free of charge. If the client decides to proceed with hiring us for their desired travel, we require a non-refundable professional retainer of 250 € per itinerary. This fee covers travel research, price comparisons, up to 2 versions of a personalized proposal, and the coordination of all travel arrangements and partners.
The base fee of 250 € applies to a two-week journey within a single country for up to 4 individuals. For groups of 5 or more, the fee is 70 € per person. Longer trips, additional travelers, multi-destination itineraries, or last-minute arrangements will incur additional charges to account for the increased planning time. These costs will be clearly communicated in advance. This fee covers time spent liaising with wholesalers for competitive rates, negotiating directly with hotels to outline options, securing reservations, arranging VIP treatment, facilitating extra amenities, and providing guidance on activities, dining, spa services, and more.
*Non-Refundable Nature of Fees*: By making a payment, you acknowledge and agree that the professional retainer and any subsequent payments made are non-refundable, regardless of the reason for cancellation. This policy applies even if you decide not to proceed with the trip after the planning process has begun.
#### ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of F&L Travel and subject to each supplier’s terms and conditions. If a property, supplier, activity, or area is deleted for any reason, F&L Travel will do its best to replace it with a comparable one, but this is not guaranteed, and F&L Travel will not be responsible.
#### LATE BOOKINGS
Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
#### NO REFUND FOR UNUSED ARRANGEMENTS
As F&L Travel’s prices are oftentimes based on contract rates, there will not be any refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers traveling; if the number of
passengers falls below the minimum required, a surcharge may be imposed or the tour canceled. If the client’s behavior prevents a travel supplier from rendering contracted services, F&L Travel is not liable for the refund of such services.
#### ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you at our applicable administrative charge, depending upon the circumstances of the request. However, it may not be possible to achieve your requested changes due to factors such as high season, lack of availability, or other restrictions beyond our control.
#### PAYMENTS AND CANCELLATION
Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) 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. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to F&L Travel in writing. As a result of cancellation, F&L Travel’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, this website, and each of the supplier’s websites. Cancellation penalties are advised at the time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your F&L Travel advisor. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund. *It is highly recommended that you purchase travel insurance to protect against unexpected cancellations.*
*Non-Refundable Deposits*: Certain travel arrangements require non-refundable deposits. These deposits are non-refundable regardless of the reason for cancellation. By making a deposit, you acknowledge and agree to this condition.
#### PRICING, CHANGES IN PRICING AND CURRENCY FLUCTUATIONS
F&L Travel will make every reasonable effort to honor pricing as originally quoted. However, under certain circumstances, additional costs by a supplier or governmental entity may be imposed due to an increase in the cost for one or more of the applicable travel components. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
#### RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors, and offers are subject to availability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the agreement shall continue in effect. These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and F&L Travel with respect to travel bookings made with F&L Travel by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
#### AIR, CHECK-IN, SCHEDULE RECONFIRMATION
UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such an event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. F&L Travel shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to the scheduled departure for domestic flights and 3 hours prior to the scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to the scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in the automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
#### TRAVEL INSURANCE
F&L TRAVEL OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE HELP PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour will not be refunded, and F&L Travel’s and travel supplier’s cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by F&L Travel. Employees of F&L Travel are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
Important note: You are advised that travel insurance/protection must usually be purchased within a certain number of days from when the deposit is paid in order to avoid waiving coverage for pre-existing conditions. The timeframe is imposed by the travel insurance company and is typically 7 to 21 days from the date of deposit.
#### LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of F&L Travel’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of F&L Travel. F&L Travel reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member any person of any tour at any time. F&L Travel shall not assume any responsibility for any air and/or ground schedule changes. F&L Travel acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of F&L Travel. All bookings are accepted by F&L Travel as agents for the disclosed travel suppliers on your itinerary. The transportation, accommodations, and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders, or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites. When you book with F&L Travel you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify F&L Travel for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold F&L Travel or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant. Any transportation, possession, or use of illegal drugs will result in immediate termination of your trip and may result in prosecution by law enforcement authorities. You are responsible for knowing and observing the licensing laws for drug possession (including prescription and over-the-counter drugs) for all countries and states you are visiting. Laws may require you to carry a prescription from your doctor.
F&L TRAVEL HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CUSTOMER AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM F&L TRAVEL WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY CUSTOMER AND ACTUALLY RECEIVED BY F&L TRAVEL IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. BECAUSE F&L TRAVEL ACTS AS AN AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE F&L TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE
OUT OF THESE SERVICES. F&L TRAVEL HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH F&L TRAVEL’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF F&L TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE F&L TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.
#### FORCE MAJEURE
Force Majeure means, in relation to F&L Travel, any circumstances beyond the reasonable control of F&L Travel, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). F&L Travel shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If F&L Travel, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by F&L Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although F&L Travel shall use its reasonable efforts to reimburse you where possible. However, F&L Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to F&L Travel of the Force Majeure and applicable cancellation fees. Regarding civil unrest, once F&L Travel has investigated the prevailing situation, as it deems fit, it shall remain in F&L Travel’s sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to F&L Travel’s and each supplier’s terms and conditions.
#### PHOTOGRAPHS/VIDEOS
F&L Travel reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. F&L Travel may use the photograph/video in publications or other media material produced, used, or contracted by F&L Travel, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have his/her photo taken or distributed must contact info@fandlatravel.com in writing of his/her intentions and include a photograph.
#### NO COPYING OR EDITING
No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold, or distributed in any way, without F&L Travel’s prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is strictly prohibited.
#### PRIVACY POLICY
At all times your information will be treated in accordance with F&L Travel’s Privacy Policy.
#### ACCESS TO PASSWORD PROTECTED/SECURED AREAS
Access to and use of password-protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to legal prosecution.
#### COMMENT POSTINGS
You are solely responsible for your own comments, the consequences of posting those comments, and the consequences of any reliance by you on the comments of others. By submitting your comment, you hereby give F&L Travel the right, but not the obligation, to post, edit, exhibit, webcast, re-use, publish, reproduce, use, license, print, distribute or otherwise use your comment(s) and accompanying personal identifying and other information you provide via all forms of media now known or hereafter devised, worldwide, in perpetuity. F&L Travel has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by anyone who uses www.fandltravel.com or other websites owned and operated by F&L Travel. However, F&L Travel retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that F&L Travel, in its sole discretion, deems to be objectionable, in violation of these Terms and Conditions, or for any other reason or no reason. F&L Travel reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request. The content of the website www.fandltravel.com or other websites owned and operated by F&L Travel, includes without limitation, copyrighted materials, trademarks and other proprietary information, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the website www.fandltravel.com or other websites owned and operated by F&L Travel are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. F&L Travel owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to F&L Travel. Third-party content providers own the copyright in content that is original to them.
#### E-MAIL UPDATES
F&L Travel may provide e-mail news service or other prompts to new content available. Your use of such content received through the e-mail news service will be subject to these Terms and Conditions.
#### ADDITIONS AND CHANGES
You agree to review these Terms and Conditions on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. F&L Travel has the right, at any time, to: (a) add, change or discontinue any aspect or feature of this website and any other data, including, but not limited to, content, availability, and equipment needed for access or use; (b) impose, change or modify its Terms and Conditions applicable to your use of this website, subscription services, or any part thereof; and/or impose, change or modify the terms and conditions of these Terms and Conditions (“Changes”). Such Changes shall be effective immediately upon notice by posting the Changes on F&L Travel’s website or by any other method of notice it deems appropriate.
#### FOR YOUR INFORMATION
USE OF OUR WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
This website also offers links to other Internet websites that are outside of F&L Travel’s control. It is the responsibility of users to make their own decisions about the accuracy, reliability, and correctness of the information contained on these websites.
#### SECURITY AND PRIVACY
Any passwords used for registration on this website are for individual use only. You may not share your password with anyone. You are solely responsible for the security of your password and any use of the services by anyone else with whom you share your password. We may monitor your password and, at our sole discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions. We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS F&L TRAVEL FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY F&L TRAVEL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER F&L TR
AVEL OR LAW ENFORCEMENT AUTHORITIES.
You hereby certify that you are at least 18 years old. If you are under 18, please do not use www.fandltravel.com or any of our other services. We do not knowingly collect any personally identifiable information from any person under 18 years old.
#### GOVERNING LAW AND ARBITRATION
These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of North Carolina, notwithstanding any conflicts of law, and the American Arbitration Association and shall bind and inure to the benefit of you and us. Any controversy of claim or dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration in Raleigh, North Carolina, and administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to his or her attorney’s fees and associated costs paid by the other party. You irrevocably waive any rights to bring or participate in any class action related in any way hereto. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Use of the F&L Travel website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. These Terms and Conditions constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they apply. We may revise these Terms and Conditions at any time.
#### RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and for any reason whatsoever or for no reason, to change these Terms and Conditions at any time without having to notify the change.