Terms and Conditions
PLEASE READ THIS. IT
CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES.
PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
Please
thoroughly review these terms and conditions of Explore Korea with Izy Travel.
The addressee of this notice will be the only recipient of this booking
receipt and terms and conditions. It is the sole responsibility of the
addressee to inform all other parties traveling of the contents of these terms
and conditions. The booking passenger, by accepting this receipt and making
payment to Explore Korea with Izy Travel, acknowledges that they have been
advised of, reviewed, and hereby accept these terms and conditions and contract
for travel related services.
BOOKING
ACCURACY/LEGAL NAMES:
Passenger is required to immediately
review all aspects of their booking to verify (but not limited to): passenger
names, mailing address, email address, telephone number, date of birth,
pricing, airfare, arrival/departure airports, accommodations, and organized
activities on your booking receipt. Please notify Explore Korea with Izy Travel
immediately if any omissions and/or corrections are needed regarding the
booking details. Passenger(s) voluntarily assumes full & sole
responsibility for any and all risks and/or costs involved with failure to
report such errors and/or omissions. Passenger is required to verify the
accuracy of the passenger’s LEGAL first & last names. It is mandatory that
guest names be identical to the Passenger(s) LEGAL first and last names and
identical to the names as they appear on booking and travel documents.
TRAVEL
DOCUMENTS: Passenger(s) assumes sole
responsibility to independently confirm all documentation requirements for all
passport, visa, vaccination, or other entry and/or travel requirements of each
destination. Passenger(s) assumes sole responsibility for, and hereby releases Explore
Korea with Izy Travel from any claims or responsibility for any and all damages
incurred as a result of Passenger(s) failure to comply with applicable
documentation requirements, including but not limited the requirement that all
Passengers procure, and have on their person the proper travel documents at all
times. Explore Korea with Izy Travel recommends the Passenger(s) consult with
the appropriate domestic and foreign governmental agencies for the current
document requirements.
PAYMENTS: Explore Korea with Izy Travel accepts Visa, American Express,
Discover, and Mastercard. Explore Korea with Izy Travel holds reservations
until “Deposit Due Date” indicated on your confirmation. If deposit/payment is
not received by Explore Korea with Izy Travel on or before the Deposit Due
Date, reservations are automatically cancelled. Failure to remit payments on a
timely basis will automatically put your booking at risk of cancellation.
Please contact us immediately, and in advance of your payment due
date, if you will be unable to meet this obligation. Without limitation,
Passenger(s) voluntarily hold Explore Korea with Izy Travel harmless for
cancellation of any booking for either late payment or declination of a credit
card.
PRICING: Prices and availability quoted by Explore
Korea with Izy Travel are not guaranteed until deposit is fully paid.
Pricing and availability may change without notice. Passenger agrees that Explore
Korea with Izy Travel is not responsible for any errors or omissions in any
quotes, advertisements, including on our website, resulting in inventory,
content, or pricing discrepancies nor is Explore Korea with Izy Travel
responsible for any errors or omissions that may occur as a result of incorrect
information from third parties. Suppliers reserve the right not to honor any
published prices that it determines were erroneous due to electronic, printing,
or clerical error. You acknowledge this right and agree to hold Explore Korea
with Izy Travel harmless for any actions or damages arising from Supplier
pricing.
Explore
Korea with Izy Travel reserves the right to charge Passenger(s) for any
increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge
this right and agree to pay any such additional taxes, fees, and surcharge.
AIRFARE:
a.
General Conditions Governing Air Transport
Airline
tickets are highly restrictive, non-refundable, and non-transferable.
Modification of passenger names, dates, times, routings, or a departure/arrival
airport is at the sole discretion of the airline and, if permitted, will likely
be subject to a substantial change fee. Passenger is responsible for any
such fees. With regard to the purchase of air tickets, Explore Korea with
Izy Travel acts simply as an intermediary between you and the airline.
Once you book a reservation, your credit card or debit card will be charged for
the amount shown – regardless of whether or not the reservation is used. Credit
will not be given for any unused airline tickets and cannot be used toward any
future bookings.
All
tickets will be issued for economy class unless otherwise specified. All
travel will be round-trip unless otherwise specified. Seat assignments
are subject to the airlines policies and may not be able to be made until you
are at the airport on the day of departure. Airline tickets booked
through Explore Korea with Izy Travel may not eligible to earn frequent flyer
miles. You agree to confirm all bookings with the airline prior to the stated
date of departure (Explore Korea with Izy Travel recommends confirming 72 hours
prior).
Direct
flights may be “non-stop” or may involve one or more stop-overs (in the latter
case this means the same flight by the airline, because the flight number
remains the same). The same applies to connecting flights that may be
subject to crew changes. When you reserve a scheduled or charter flight
involving a stop-over in a town, and the second flight takes off from a
different airport to the airport of arrival, ensure that you have sufficient
time for reaching the second airport. The journey to the other airport is
at your own expense. Explore Korea with Izy Travel will not be able to
reimburse you for these costs, nor will it be liable if you miss the second
flight.
Explore
Korea with Izy Travel’s responsibilities in respect to air travel are limited
by the relevant airline’s conditions of carriage. The airline fulfilling
your contract for carriage may change from the airline mentioned by Explore
Korea with Izy Travel. Explore Korea with Izy Travel is not able to
specify the type of aircraft to be used by any airline. If an airline
cancels or delays a flight, you must work directly with the airline to ensure
you arrive at your destination on or ahead of time. Explore Korea with Izy
Travel will not provide any refund for Trips missed, in part or full.
b. Prohibited Practices
You agree that you will not deviate from your booking by making any unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited. The use two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited.
Where
a ticket is purchased and used in violation of these rules, Explore Korea with
Izy Travel and the applicable air carrier have the right in their sole
discretion to take all actions permitted by law, including but not limited to,
the following:
1) Invalidate the ticket(s);
2) Cancel any remaining portion of
your itinerary;
3) Confiscate any unused Flight
Coupons;
4) Refuse to board you and to carry
the your baggage;
5) Assess you for the actual value
of the Ticket which shall be the difference between the lowest fare applicable
to your actual itinerary and the fare actually paid;
6) Delete miles in your frequent
flyer account and/or terminate your participation in the frequent flyer program;
7) Take legal action against you.
c. Loss of air tickets
You agree to safeguard your tickets
and bear any and all costs related to loss of theft. If you lose your air
ticket or if your ticket is stolen, Explore Korea with Izy Travel advises that
you immediately report it to the police and to the airline.
d. Luggage
Each
airline has its own policy regarding luggage. We recommend that you check
with your airline ahead of time for any weight restrictions and additional
charges relating to checked baggage. You will be responsible for paying to the
airline any additional charges for checked or overweight baggage, including,
but not limited to, golf bags and oversized luggage. If you exceed the
weight limit set by your airline, and excess weight is permitted, you must pay
a supplement directly to the airline at the airport.
The
airline is liable to you for the baggage you entrust to it only for the
compensation contemplated in the international conventions and relevant
statutes. In the event of damage, late forwarding, theft or loss of
luggage, you should contact the your airline and declare the damage, absence or
loss of your personal effects before leaving the airport, and then submit a
declaration, attaching the originals of the following documents: the travel
ticket, the baggage check-in slip, and the declaration. Explore Korea
with Izy Travel strongly recommends that you obtain an insurance policy
covering the value of your items.
e. Limitation of Liability for Air
Transport
IN
ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT EXPLORE KOREA WITH IZY TRAVEL IS
NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE
TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL
PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE,
SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN
PROPERLY.
ACCOMMODATIONS
AND ACTIVITIES: “Accommodations” are defined as lodgings in a dwelling or
similar living quarters afforded to travelers including, but not limited to,
hotels, condos, quarters in cruise ships, motels, time shares, camp grounds,
and resorts.
a.
Accommodation classifications
The
number of stars attributed to the hotels and other providers of accommodations
quoted by Explore Korea with Izy Travel correspond to a classification
established as a point of reference in accordance with local standards in the
host country. Please be advised that accommodations and the “star” designations
may vary from country to country. The comments we make in our
descriptions are based on our knowledge of the establishments and the comments
we have received from customers. Explore Korea with Izy Travel makes no
guarantee about the suitability or availability of accommodations, and if the
particular accommodations sought are unavailable, we will do our best to
reserve comparable accommodations, if possible. You would bear any
additional costs, i.e. upgrades, etc. We reserve the right, for technical
reasons, in cases of force majeure or actions by third parties, to replace the
planned hotel with accommodation of the same category offering equivalent
services. This would only be in exceptional circumstances and in such
cases we will inform you as soon as we are aware of this necessity.
b.
Taking possession of and vacating your room
Policies
regarding taking possession of and vacating rooms often vary by hotel and/or
country, so it is your responsibility to check with the hotel ahead of time to
verify the relevant policies and times. Explore Korea with Izy Travel is
not responsible for any charges and damages resulting from your failure to
timely take possession or vacate your room.
e.
Activities offered during your stay
An
activity may not be appropriate for all ages or for individuals with certain
medical conditions. Explore Korea with Izy Travel may not be held liable in the
event of an incident or accident which is due to a lack of vigilance on your
part.
It
may happen that certain activities referred to in the Trip description are no
longer provided by our local provider for climatic reasons, in the event of
force majeure, during a stay out of the tourist season, or when the minimum
number of participants required for providing a given activity is not reached
(examples: group sports, children’s clubs). In the early or late season
some activities may not be available, some of the facilities (restaurant,
swimming pool, etc.) may be closed, or maintenance work may be in
progress. As a general rule, entertainment and sports activities may vary
in frequency depending on how many people are staying at the time and on
climatic conditions. Particularly during the high season it is possible
that the number of parasols, loungers, sports equipment, etc., are insufficient
for the demand. The opening hours of bars, restaurants, and clubs, etc.,
may be irregular and dependent on the management of the establishment in
question. You agree that Explore Korea with Izy Travel is not liable for
activities unavailable due to any of the reasons listed above.
The
sports activities offered for collective participation are often organized by
outside providers. Any travel costs related to such activities are at the
customer’s expense. Similarly these activities may be withdrawn at the
discretion of the organizer if there is insufficient demand. This will
not give rise to any entitlement to compensation.
YOU
ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND
INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WTA SHALL HAVE
NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR
DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE
USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR
TO, DURING, AT OR AFTER, THE ACTIVITY.
CANCELLATION
POLICIES: All
cancellations or no-shows are subject to penalties imposed by the supplier. If
you require a copy of these terms, please contact the supplier or your agent at
Explore Korea with Izy Travel. Additionally, all booking cancellations,
transfers to another Agency, or no-shows are considered cancellations and
subject to a non-refundable $50 per person fee imposed by Explore
Korea with Izy Travel. The cancellation fees imposed by Explore Korea with
Izy Travel are waived if the written request is received within a 3
business day grace period from your booking date as noted on the attached
confirmation.
All
cancellations MUST be in writing and sent to Explore Korea with Izy Travel by
fax to 1-866-498-4951 or by email to cancel@izyan.diyna92@gmail.com.
Cancellations sent to any other address will not be processed. Upon
making the booking, Passenger(s) hereby accept & acknowledge liability for
all cancellation fees imposed by Explore Korea with Izy Travel and the
supplier. Cancellations are posted on day that the complete cancellation
documents are received by Explore Korea with Izy Travel so long as they are
received before 5:00 p.m. Pacific Time on a business day. All other
cancellations will be posted on the next business day. Example: If a fax
is received at 6pm on Saturday – when we are closed – it will NOT be processed
until the following Monday morning. Your cancellation will be confirmed
via email when processed.
TRAVEL
PROTECTION: Travel insurance protection is
Strongly Recommended. As your travel agent, we have a
professional responsibility to recommend the purchase of travel protection to
protect both you and your vacation. While we do offer coverage through certain
carriers, we cannot compare all the policies or companies currently in the marketplace.
This responsibility rests solely with you the customer and we advise you to do
your research and find coverage that best fits your individual needs. Explore
Korea with Izy Travel is limited to advising you of the need for such coverage.
By
declining travel protection, you acknowledge and accept liability for any
cancellation penalties, damages and/or out–of-pocket expenses incurred.
You also acknowledge and accept responsibility for arranging and paying for any
treatment in case of a medical emergency while traveling. Please note that if
you decline this type of coverage, you have waived your right to this important
coverage and your confirmation will note “declined” next to the travel
protection section of your confirmation. If you HAVE purchased travel
protection, please remember to review your confirmation for accuracy and call
us immediately if you believe you have travel protection and your confirmation
indicates declined. Failure to contact us will be considered waiver of travel
protection.
We
urge you to read your policy when it arrives as it contains important
information. This information includes, but is not limited to, details on the
extent of coverage and procedures for making a claim.
All
requests for service under the policy must be filed directly with the travel
insurance provider, in accordance with the policy terms and conditions, which
you the passenger are responsible for reviewing upon receipt of your travel
protection policy. Explore Korea with Izy Travel is not able to give advice
with regard to possible cancellations and any associated claims processing. All
queries regarding cancellation, penalties, coverage should be directed to your
particular travel insurance provider. Please note that the travel
insurance provider may not be allowed to discuss your claim with Explore Korea
with Izy Travel due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge
that Explore Korea with Izy Travel cannot be involved in any aspect of your
claim/request for service. Passenger(s) acknowledge and agree that Explore
Korea with Izy Travel has no control over the travel insurance provider or its
coverage decisions, and as a result Explore Korea with Izy Travel is not
responsible for and shall not be liable for policy coverage, claims
processing, or the denial of any claims.
AGENT/INTERMEDIARY: Explore Korea with Izy Travel is
simply an intermediary between the Suppliers and the public. Explore Korea with
Izy Travel does not own or operate any of, hotels, shore excursions, tours,
transportation providers, cruise lines, vessels, airlines, travel
protection companies, attractions, or other travel-related Suppliers who
provide goods or services for the Passenger(s)’ trip. Passenger(s)
acknowledge and agree that Explore Korea with Izy Travel shall not be
responsible for any loss, damage, delay, inconvenience or injury to
Passenger(s) or group members as a result of a breach of contract, act or
omission whether willful or negligent, criminal or otherwise of any person
other than Explore Korea with Izy Travel or its direct employees, including but
not limited to these Suppliers, their employees, agents, servants, or
representatives.
Suppliers
reserve the right to deviate from the direct, customary and/or scheduled route
or itinerary for any reason, without limitation and without notice.
Passenger(s) acknowledge and agree that Explore Korea with Izy Travel is not
responsible for Supplier deviations, delays, cancellations, mandated overnight
stays, missed connections or any other condition beyond its control. Explore
Korea with Izy Travel is not liable for any loss due to Passenger’s gambling
and is not responsible for any purchases made while on the trip.
Explore
Korea with Izy Travel recommends that all Passengers be in good physical and
mental health and have medical approval to travel. Any physical disabilities
must be reported to WTA at the time of reservation upon initial booking so Explore
Korea with Izy Travel can contact the Suppliers to investigate amenities and/or
special accommodations offered. Passenger is required to provide his or
her own personal or individually prescribed devices such as wheelchairs,
walkers, or similar devices. If more than minor assistance is needed, Suppliers
may require that the Passenger be accompanied by a companion who is capable of,
and responsible for, providing such assistance. Suppliers often reserve the
right to reject Passengers whose mental or physical condition may interfere
with the itinerary. Passenger(s) acknowledge and agree that Explore Korea with
Izy Travel shall be held harmless for any and all claims relating to Supplier
rejection relating to mental or physical condition.
While
Explore Korea with Izy Travel prides itself on selecting top quality Suppliers,
no undertaking, guarantee or warranty is given or shall be implied as to the
fitness or condition of the Supplier’s accommodations, transportation, or any
food, drink, medicine, or provisions supplied. Passenger(s) acknowledge
and agree that Explore Korea with Izy Travel shall not be responsible for
refunding, either fully or partially, any amounts paid due to unsatisfactory
services from any supplier. In no event shall Explore Korea with Izy
Travel be liable for any accident which occurs in hotels, in resorts, on
airplanes/in airports, on buses/in bus stations, on trains/in train stations,
on board a cruise ship, on tenders, on shore excursions, or during any mode of
transportation encountered during the trip, resulting from equipment or any
other cause. The Passenger admits a full understanding of the nature and
character of the mode of transport and assumes all risks of travel,
transportation and handling of passengers and baggage.
LIMITATION
OF LIABILITY: Without limitation,
Passenger(s) assume the risk of, and agree that Explore Korea with Izy Travel
is not liable for any damages arising from or related to any act of God or
public enemies, arrest, restraints of any government or rulers of people,
piracy, war, revolution, extortion, terrorist activity, threatened or actual
rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion,
collision, weather conditions, dangers incident to the sea, mechanical or
construction failures or difficulties, diseases, local laws, abnormal
conditions or developments, closure of airports/seaports/hotels/train stations,
carrier or supplier logistical problems, computer problems stranding, food or
water poisoning, illness, grounding, perils of the sea, rivers, canals, locks
or other waters, perils of navigation of any kind, theft, accident to or from
machinery, boilers, or latent defects even though existing at commencement of
the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
MODIFICATION
OF TERMS AND CONDITIONS:
The Terms and Conditions may be
amended or modified by Explore Korea with Izy Travel at any time without
notice. It is therefore essential that you consult the Terms and
Conditions prior to making each and every booking, particularly in order to
ensure what provisions are in operation in case they have changed since the
last time an order was placed by you.
Only
those who have accepted the Terms and Conditions and affirmatively indicated
their consent to be bound by the Terms and Conditions may make a booking with Explore
Korea with Izy Travel. Without this acceptance any order is subject to
cancellation at any time.
The
failure of Explore Korea with Izy Travel to act with respect to a breach of
these Terms and Conditions by you, or others, does not waive its right to act
with respect to subsequent or similar breaches. Explore Korea with Izy Travel
does not guarantee it will take action against all breaches of this these Terms
and Conditions.
SEVERABILITY: If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
HEADINGS: Headings
are for reference purposes only and do not limit the scope or extent of such
section.
MANDATORY ARBITRATION / FORUM / CHOICE OF LAW: The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of California. The Parties agree that the arbitration shall take place in Marin County, California and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The
Parties acknowledge and agree that this arbitration is their sole recourse and
that they may not file a lawsuit against Explore Korea with Izy Travel. If Passenger(s)
fails to submit their claim to arbitration and instead files suit, Explore
Korea with Izy Travel shall be entitled to recover its attorney’s fees and
other costs incurred in the enforcement of the terms of this Agreement,
including costs incurred seeking referral to arbitration. Passenger(s) and Explore
Korea with Izy Travel agree that neither party shall be entitled to join or
consolidate claims or arbitrate any claim as a representative or class action.
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