Terms & Conditions

TERMS AND CONDITIONS

These Terms and Conditions ("Terms") are:

BETWEEN:

Touring Folk ("Agency," "our," "us," or "we")

AND: You ("you," "your," "yourself," or "Traveler")

(each a "Party" and, together, the "Parties").

The Parties agree as set out below:

Effective Date and Termination:

These Terms become effective upon the earlier of:

(a) your written, digital, or electronic signature; or
(b) your submission of any payment or payment authorization for Travel Services.

These Terms will renew each time you submit any payment or payment authorization for Travel Services.
Termination occurs upon the earlier of:

(a) completion of your Trip; or
(b) either Party’s written notice of termination to the other Party.

These Terms are subject to change at any time without prior notice.
The effective version of these Terms is located at https://www.touringfolk.agency/clientterms.

Definitions:

"Booking": A reservation made by Agency regarding your Trip.
"Supplier": A party providing Travel Services to Travelers.
"Traveler": You and each traveler on the same Booking.
"Travel Services": Travel products and services provided by Suppliers, including transportation, lodging, auto rentals, tours, entertainment, and similar services.
"Trip": The composite of all Travel Services for which Agency makes Bookings.
"Trip Plan": Documentation we provide with details and pricing regarding your Trip.

TRAVELERS’ OBLIGATIONS

You agree to:

Carefully read and understand these Terms, your Trip Plan, and all correspondence regarding your Trip.
Contact us to arrange your Trip Plan well in advance to ensure availability, avoid late-Booking fees, and avoid fare increases.
Confirm written acceptance of your Trip Plan.
Make all deposits and payments as per the schedules and dates in your Trip Plan.
Stay informed about travel warnings related to your Trip by accessing relevant U.S. government travel advisory sites.
Fully comply with these Terms.
Ensure that all Travelers included in your Booking meet health, safety, and legal requirements applicable to their travel destinations.
Communicate promptly with Agency regarding any changes to your travel needs or personal information.

By accepting these Terms, you confirm that:

You are at least 18 years old and authorized to accept these Terms on behalf of all Travelers on the same Booking who reside in your household.
If you do not understand any part of these Terms, you will contact us in writing for clarification.

SUPPLIERS

Suppliers are independent entities managed separately from Agency. They are not employees, agents, representatives, or affiliates of Agency.
Agency is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or willful or negligent acts, errors, or omissions, which may result in delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions.
Supplier terms, which are separate from these Terms, govern your Travel Services. By paying for Travel Services, you consent to those terms.
Violations of Supplier terms may result in denied access, cancellation of reservations, and forfeiture of amounts paid. You agree to reimburse Agency for costs incurred due to such violations.
Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.
In case of Supplier bankruptcy, it may not be obligated to transport you or provide refunds. Suppliers may continue to provide all or some Travel Services or they may stop operations. In such cases, other Suppliers may, but are not required to, provide alternative travel services to you.
Agency is not permitted to provide refunds to you for Suppliers who have declared bankruptcy. Agency has no special knowledge about the financial condition of any Supplier.
Agency has no liability for recommending a Trip credit or a refund. All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice.

TRAVEL RISK & INSURANCE

Travel involves inherent risks, including potential delays, interruptions, and emergencies. You accept these risks by choosing to travel.
We strongly recommend purchasing comprehensive travel insurance to cover unforeseen events, including cancellations, medical emergencies, and travel delays.
If you decline travel insurance, you assume full responsibility for any financial losses or personal consequences arising from cancellations, interruptions, baggage issues, supplier defaults, medical costs, accidents, or other incidents during your Trip.
Travel insurance policies vary and may exclude coverage for pre-existing conditions, pandemics, or activities deemed high-risk. It is your responsibility to review and understand the terms of your policy.
Agency is not liable if an insurance provider denies any claims, regardless of the reason.
This clause survives termination of these Terms.

PERSONAL INFORMATION

Your personal information may be shared with Agency, Suppliers, and third-party providers to facilitate your travel arrangements. This information may include names, contact details, birth dates, passport numbers, travel itineraries, and payment information.
You consent to the use of your personal information by Agency and its partners for the purpose of Booking and managing your Trip.
Agency takes reasonable measures to protect your personal information but cannot guarantee its security once shared with Suppliers or third parties.
Agency is not liable for any unauthorized access, misuse, or distribution of your personal information by Suppliers or other third parties.
You authorize Agency to retain your information as necessary for processing your travel arrangements and for a reasonable period afterward for legal and business purposes.
If you wish to update or delete your personal information, you may contact Agency in writing. Requests will be processed in accordance with applicable laws and business needs.

PRICING & PAYMENTS

Prices are based on inclusions listed in your Trip Plan and do not include taxes, fees, or personal expenses unless specifically itemized.
Unless explicitly stated otherwise in your Trip Plan, prices do not include additional costs such as airport taxes, security fees, customs duties, immigration fees, visa costs, or travel insurance.
Supplier prices and availability are subject to change without prior notice until full payment is made. If adjustments are required, additional charges may apply.
Payments must be made in full and on time as per the schedule outlined in your Trip Plan. Late payments may incur penalties, price adjustments, or cancellations.
Re-Booking requests after a missed payment may be subject to additional fees and are not guaranteed.
Payments made in foreign currencies will be converted at the exchange rate prevailing at the time of the transaction. Any currency conversion fees are your responsibility.
Credit card submissions authorize us or our agents to charge the agreed amounts. Declined payments or invalid cards may lead to cancellation without refunds.
If a Supplier imposes additional fees due to uncontrollable factors, such as fuel surcharges, you are responsible for paying these fees even after full payment.

CREDIT & DEBIT CARDS

By submitting your credit or debit card ("Card") to us, you confirm that:

(a) You are an authorized user of the Card.
(b) You authorize us, or our agents, to charge your Card for payments on due dates agreed in your Trip Plan.
(c) You authorize us, or our agents, to credit your Card for any amounts charged in error.

You are responsible for all costs, including costs of recovery, relating to the following:

(a) Providing an incorrect Card number.
(b) Declined valid charges to your Card.
(c) Insufficient funds on payment dates agreed in your Trip Plan.
(d) Closing or expiring your Card account before all amounts due are paid.

In such cases, we reserve the right to suspend or cancel any Booking and are not obligated to refund amounts already paid by you.

CHARGEBACKS

You agree not to initiate, and you waive any right to pursue, any credit- or debit-card chargeback, reverse-charge, refund, or recollection (collectively, "Chargeback") for any reason, including:

(a) Delay, cancellation, or refusal of entry, exit, or transit.
(b) Force majeure events.
(c) Provision or non-provision of Travel Services.
(d) Supplier price changes, fees, or penalties.
(e) Any other matter relating to your Trip, except in the case of fraud.

Even in the case of fraud, before initiating any Chargeback, you agree to first address the matter directly with us in writing to give us a reasonable time to investigate and respond.
If you initiate a Chargeback without our prior written authorization, you agree to pay us all fees and costs, including attorney’s fees and legal expenses, incurred to dispute and respond to the Chargeback.
This clause survives termination of these Terms.

CHANGES, CANCELLATIONS, REFUNDS

Changes or cancellations to your Bookings are subject to Supplier terms, which may include fees, penalties, or restrictions on refunds.
If you request a change or cancellation, you may be required to pay additional fees as determined by the Supplier.
Refund eligibility depends on the Supplier’s terms and may vary based on the type of Travel Service, the timing of the request, and other factors.
Claims for refunds or adjustments must be submitted in writing, including full details and documentation regarding the rationale, background, and proof of payment.
Certain circumstances, such as pandemics, weather conditions, or political unrest, may result in additional restrictions or denial of refunds based on Supplier policies.
If you cancel a Booking, any amounts already paid may be non-refundable.
Agency is not responsible for Supplier decisions regarding refunds or adjustments.
This clause survives termination of these Terms.

NO SHOWS

Failure to appear for any scheduled Booking or Travel Service is considered a "no show."
No show penalties may equal up to the full cost of the affected Travel Service, as determined by the Supplier.
Agency is not responsible for refunds or adjustments due to no shows.

ACCOMMODATIONS

Hotel accommodations are subject to availability at the time of reservation.
Some hotels may require non-refundable and non-transferable deposits to guarantee a Booking. In such cases, Agency will notify you of these conditions.
Amenities such as air conditioning, elevators, bed size, accessibility features, and pools are not guaranteed to be operational or available during your stay.
Refunds related to amenities are the responsibility of the hotel, not the Agency.

AIR TRAVEL

Airline tickets may require full payment at the time of Booking. Once purchased, they may be non-refundable and non-transferable, subject to Supplier terms and conditions.
Name changes on airline tickets are generally considered cancellations and may incur additional fees or penalties.
Domestic flight requirements may differ from international flight requirements. Ensure compliance with all relevant documentation and check-in protocols.
Seat assignments are based on availability at the time of selection and payment. Airlines may modify seat assignments or change aircraft at their discretion.
Additional services such as baggage allowances, carry-ons, meals, and drinks may involve extra charges. Confirm airline-specific rules and pay related fees directly to the airline.
Agency is not responsible for any operational changes made by airlines, including schedule changes, cancellations, or equipment adjustments.
You agree to comply with all airline safety and operational guidelines and hold Agency harmless from any liability related to airline policies or actions.

TRAVELER CONDUCT

You are responsible for:

· any damage or loss caused by your acts, errors, or omissions

· full payment for any such damage or loss directly to Agency or any third party.

Agency is not responsible for any costs relating to:

· Traveler conduct

· Traveler removal from any Travel Services, in whole or part, whether based on Traveler negligence, willful misconduct, or otherwise. You agree not to hold Agency, its owners, directors,employees, agents, or representatives accountable for any claims arising from Traveler acts, errors, or omissions.

Any Authorized Party may, in its discretion, refuse you any Travel Service, require you to

leave any Travel Service, or require you to disembark any mode of transportation if the

Authorized Party reasonably believes:

· you are a danger to yourself or any other participant

· you have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party

· you do not follow any rule, procedure, or instruction of an Authorized Party.

If you are subject to any such determination of an Authorized Party:

· you may be left at any location, city, port, or place any mode of transport stops

· you will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation

· you will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services

· no Authorized Party will have any direct or indirect liability of any kind relating to Traveler acts, errors, or omissions.

“Authorized Party” means Agency or any Supplier, including its owners, directors, employees, agents, and representatives, who provides to you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, tour director, group leader, or crew member.

SPECIAL CIRCUMSTANCES

Disabilities & Special Needs: If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Agency in advance of Booking.

Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges. If you travel with a service or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.

Countries outside the United States and Canada often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs. Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs. Please consult your health provider prior to planning or Booking your travel.

Agency will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs. However, Agency is not responsible for the failure of Suppliers to meet Traveler needs and expectations.

Risk Activities: If you engage in any activity that may involve any risk of harm to your own or another person’s health or well-being, damage to property, or costs relating to such activity (collectively, Risk Activity), you are solely responsible for your decision to engage in, and your involvement with, such Risk Activity. You assume all risks, costs, losses,

liabilities, and claims relating to any Risk Activity. You will not pursue any claim against

Agency, and you release Agency from all liabilities, relating to any Risk Activity.

Risk Activity includes any activity, or travel to any location, which can reasonably be

regarded as inherently dangerous, hazardous, or otherwise having the potential to result

in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death

of any person.

Food Allergies: If you have food allergies or any similar conditions that may cause you harm during your travel, please advise Agency in advance of Booking. If any Traveler has Food Allergies, each such Traveler: (1) acknowledges the possibility of an elevated risk of reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to,during, and following travel.

Illness & Injury: If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required. In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements. You will not cause a delay or interruption regarding any Trip or otherwise burden other Travelers. You release Agency, Suppliers, and other Travelers from any liability relating to your illness, injury, missed flights or connections, travel delays, or unused Bookings.

Baggage: You are solely responsible at all times for your baggage, personal items, and travel

documents. Agency is not responsible for any damage, loss, delays, or other matters

relating to your baggage, personal items, and travel documents.

PASSPORTS, VISAS, AND MEDICAL DOCUMENTATION

Traveler Responsibilities:

Determine all required documents for entry, exit, or transit of any jurisdiction (e.g., passports, visas, medical records).
Acquire all necessary documentation.
Ensure all documentation is current and in possession during travel.
Stay informed about travel rules for each jurisdiction on the itinerary.

Agency Disclaimer:

The Agency is not liable for:

Failure to update or possess necessary documentation.
Validity of any passport, visa, or medical documents required.

No refunds will be issued for costs or losses arising from documentation issues, refusal of entry, or transit by third parties.

Important Notes:

U.S. passports must be valid for at least six months beyond the return date.
Minor travelers may need additional authorizations. Responsibility for obtaining such authorizations lies solely with the traveler.

TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP

TSA Requirements:

Airline passengers must provide:

Secure Flight Passenger Data (SFPD).
Full name (as it appears on government-issued ID).
Date of birth.
Gender.
Redress number (if available).

Traveler Responsibilities:

Ensure names on reservations match government-issued identification.
Cover any fees or penalties for errors in name or documentation.
Review updated travel requirements at TSA Website.

CRIMINAL RECORDS

Some jurisdictions restrict entry for individuals with criminal records. Travelers must:

Be aware of entry laws for destinations.
Understand their legal standing.

The Agency does not investigate criminal records to protect privacy.

PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES

You are solely responsible for being aware of and complying with any restrictions related to pandemics, epidemics, and other travel advisories. You warrant that you have reviewed, understand, and will continually monitor updates from the following sources:

U.S. Center for Disease Control (CDC): https://www.cdc.gov/
U.S. Department of State: https://www.state.gov/

Key Considerations:

Government notices, restrictions, and policies may change before, during, or after travel.
Certain countries, including the United States, may require testing and quarantine upon entry or return.
Testing availability may be limited in some destination countries.
Screening procedures, such as temperature checks and mandatory face coverings, may apply in airports, hotels, and other public spaces.

Important Note: Failure to comply with regulations, including providing required testing results or documentation, may result in denial of boarding, entry, or return to your home country.

RESTRICTED PRODUCTS & MATERIALS

You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction in which you travel or transit regarding the possession and use of:

Restricted or Illegal Products and Materials, including:

Animals and animal products.
Plants, fruits, vegetables, and soil.
Cultural artifacts.
Alcohol and tobacco, including vapes.
Firearms, ammunition, knives, and cutting instruments.
Weapons, flammables, and explosives.
Any other products or materials that may be restricted or illegal from time to time.

Drugs, Substances, and Paraphernalia, including prescription, over-the-counter, and other products or materials.

Drugs that are legal in one jurisdiction may be restricted or illegal in another.
Possession or use of restricted drugs may result in:

Immediate termination of Travel Services.
Detainment, prosecution, or incarceration by government authorities.

Important Note: Local laws may require travelers to carry evidence of medical prescriptions from a qualified physician.

HAZARDOUS MATERIALS

You are responsible for:

Knowing, understanding, and complying with all applicable laws in each jurisdiction in which you travel or transit regarding hazardous materials and insecticides.
Confirming with your airline or other travel provider regarding your itinerary and applicable rules.

Prohibited Materials:
Federal law prohibits air passengers from bringing hazardous materials aboard aircraft in their baggage or on their person. Violations can result in up to 10 years of imprisonment and significant fines under 49 U.S.C. 5124. Examples of prohibited materials include:

Explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, and radioactive materials.
Specific items such as paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals.

Exceptions:
Small quantities of medical and toiletry articles may be carried in baggage or on your person.

Additional Considerations:

Some foreign airports require passenger cabins to be treated with insecticides prior to or during flights.
The U.S. Department of Transportation provides a list of such requirements at https://www.transportation.gov/.
For more details, visit https://www.tsa.gov/.

LIMITATION OF LIABILITY

We arrange Travel Services provided and controlled by Suppliers who are independent of us. We disclaim all management or control over Suppliers, including their staff, representatives, facilities, equipment, products, or services.

Agency Liability Disclaimer:

Suppliers are solely responsible and liable to you for their Travel Services.
We make no representation or warranty, express or implied, regarding the value, quality, suitability, safety, or provision of these services.

Exclusions of Liability:
We are not liable for any claims of damage or loss arising from:

Acts or omissions—whether negligent or willful—of any Supplier, Traveler, or third party.
Damage to or loss of property.
Physical, emotional, or mental injury or death.
Costs, inconvenience, disruptions, or delays.
Cancellations, bankruptcy, or cessation of operations.
Misrepresentations or criminal acts.

Damages Limitation:

We are not liable for indirect, incidental, consequential, punitive, special, or exemplary damages under any theory of liability.
If damages are awarded against us, they will be limited to the total commissions we collected for arranging your Bookings.

INDEMNITY

You, on behalf of yourself and all minor and adult Travelers on the same Booking who reside in your household (each an Indemnifying Party), agree to indemnify and hold harmless the Agency and its owners, directors, employees, contractors, agents, representatives, advisors, successors, and assigns from all claims, damages, and costs, including attorney’s fees and legal costs, arising from any:

Breach of these Terms by an Indemnifying Party.
Act or omission, whether negligent or willful, by an Indemnifying Party.

This clause will survive termination of these Terms.

FORCE MAJEURE

No failure or delay in the performance of any obligation under these Terms will constitute a breach if such failure or delay arises from force majeure or any cause beyond the reasonable and foreseeable control of the Agency.

Force majeure includes, but is not limited to:

Acts of God (e.g., floods, fires, earthquakes, or severe weather conditions).
Explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, or civil disobedience.
Strikes, pandemics, epidemics, quarantines, or government interventions.

Key Notes:

The Agency is not liable for any delays or non-performance caused by force majeure and will not issue refunds for such events.
If a force majeure impacts the Agency or any Supplier, itineraries or arrangements may be varied or canceled without notice. Travelers remain financially and otherwise responsible for any alternative travel arrangements.

GENERAL TERMS

Amendments: These Terms may only be amended in writing by the Agency.

Assignment: You may not assign any rights or obligations under these Terms without the Agency’s prior written consent, which will not be unreasonably withheld or delayed.

Waiver: No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of either party. No waiver of a right will operate as a waiver of any subsequent right. All rights are cumulative.

Severability: If any provision of these Terms is deemed unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain fully in effect.

Relationship of Parties: These Terms do not create an agent relationship, partnership, joint venture, or employment relationship between the parties. You have no authority to bind the Agency or incur obligations on its behalf.

Discretion: Each party acknowledges its duty of good faith and fair dealing, but any party’s discretion may consider its own interests without regard to the effect on the other party.

Notices: Notices under these Terms will be deemed given when sent, with receipt confirmation, to the recipient's email or address provided for notice purposes.

Acceptance: You accept these Terms by providing active or passive electronic confirmation (e.g., clickwrap, sign-in-wrap). Any counterparts will constitute a single original document.

Conflicts: If any conflict arises between Supplier terms and these Terms or travel documents prepared by the Agency, Supplier terms will control. If a conflict arises between these Terms and Agency-prepared documents, the latter will control.

Interpretation: The parties agree that:

Headings will not be used to interpret these Terms.
The words "include" and "including" are without limitation.
No text will be construed against either party as the author.
All text is deemed conspicuous.

Termination: Upon termination of these Terms, all rights and obligations will cease immediately, except:

Rights and obligations accrued before termination.
Provisions intended to survive termination.

Governing Law: These Terms are governed exclusively by the laws of Texas, without regard to conflict-of-laws principles.

Dispute Resolution: If disputes cannot be resolved through direct communication within 60 days of notice, claims will be resolved exclusively in Texas state or federal courts, which neither party may challenge for forum non conveniens.

Equitable Relief: Either party may seek injunctive or equitable relief for any actual or threatened breach of these Terms.

Further Assurances: Each party will take necessary actions to implement these Terms. Good faith efforts will address unforeseen issues to mitigate adverse impacts.

Entire Agreement: These Terms, together with any Travel Client Agreement, represent the entire agreement between the parties and supersede all prior agreements, written or oral, express or implied.