Last Updated October 15th 2024

Marchette Travel, LLC, ("Marchette Travel," "we," "us," "our") is a travel agency specializing in world-class travel experiences to destinations spanning the globe for families, couples, and groups. Marchette Travel focuses on all of the details and logistics so that you ("you," "traveler," or "participant") and those traveling with you can experience each destination, create unforgettable memories, and enjoy the trip of a lifetime with ease.
1. CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, services agreement, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you (collectively, "Terms and Conditions"). Before making a booking with us you must ensure that you have read and understand these Terms and Conditions (raising any questions you may have with us). PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN WAIVERS OF LIABILITY, WAIVER OF CLASS ACTION, AND VENUE SELECTION AND NOTICE CLAUSES. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out herein and acknowledging that you have read the terms of this contract and agree with them.
carriers'SupposeSupplier's you are making a booking as a family, couple, or are the lead guest of a part of a groupcarrier's. In that case, you are responsible for sharing these Terms and Conditions with all travelers joining you and are financially responsible for the booking. We will not be liable for your failure to share these Terms and Conditions with all travelers in your family or group.
You represent and warrant that (a) you are of sufficient age to use our services and website, (b) you can create binding legal obligations in connection with your use, (c) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (d) the information supplied by you or members of your group is true and correct.
2. VIOLATIONS BY YOU. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
3. CHANGES TO THESE TERMS AND CONDITIONS. Marchette Travel reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted on our website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions have changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.
4. COVID-19 RELEASE OF LIABILITY. By booking travel at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your travel. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Marchette Travel.
You acknowledge that your travel and/or tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Marchette Travel to provide these details. You understand that you may become sick before, during, or after your travel and/or tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID-19, Marchette Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Marchette Travel shall not be liable for any losses howsoever arising.
YOU, FOR YOURSELF, AND ANY MINORS TRAVELING WITH YOU, AND ON BEHALF OF YOUR AND THEIR HEIRS, ASSIGNS, PERSONAL REPR"SENTATIVE" AND NEXT OF KIN (COLLECTIVELY, THE “RELEASORS”), HEREBY RELEASE, AND HOLD HARMLESS MARCHETTE TRAVEL, ITS OWNERS, MEMBERS, MANAGERS, AGENTS, AND/"R EMPLOYE"S, AND SUPPLIERS (COLLECTIVELY, THE “RELEASEES”), OF FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS, LOSSES, AND LIABILITY ARISING OUT OF OR RELATED IN ANY WAY, IN WHOLE OR IN PART TO ANY POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH, OR ANY OTHER LOSS YOU MAY SUFFER DUE TO EXPOSURE, INFECTION, SPREAD, CLOSURE, AND TRAVEL RESTRICTIONS RELATED TO COVID- 19 OR ANY OTHER INFECTIOUS DISEASES, VIRUSES, EPIDEMICS, PANDEMICS, ETC., WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THIS CONTRACT, WHETHER BY OPERATION OF LAW OR OTHERWISE.
5. BOOKING/PAYMENT. Although your travel plans may be complex, we like to keep our processes simple for you! When you are ready to start planning your next trip you can schedule a discovery call with us or visit our website at www.marchettetravel.com to schedule a call. Prior to our call we ask that you complete our Questionnaire so we can prepare for the call. On the call we will discuss your wants, must-haves, and dreams for your trip. We will also discuss how we work, and how we are able to help. Once we agree that we are a good fit, we will send our invoice for our planning fee. After we receive payment for our planning fee we will begin researching and crafting your custom proposal based on our conversation and your questionnaire responses. Our custom proposals often take many hours of planning, researching, an" communic"ting with travel product suppliers (“Suppliers”) to find the right options and pricing. Your custom proposal, once completed, will contain three (3) options for your vacation.
Once you have had a chance to review your proposal, we will be in contact with you to discuss any questions or concerns that you may have. With our custom process, we want to be sure that our proposed options match your vacation needs. Once you have made your proposal selection and confirmed which itinerary you would like, you will receive a credit card authorization form where you will enter your credit card information and authorize Marchette Travel to utilize your credit or bank card supplied to place a deposit (or final payment, if within the final payment deadline) on your requested travel accommodations and travel products; most often directly with the Supplier(s), and acknowledge and agree to these Terms and Conditions.
Upon receipt of the confirmation for your paid deposit (or final payment, if applicable), we will provide you with your booking confirmation and payment receipt. Within the booking confirmation you will also find the Supplier terms and conditions. Be mindful of any Supplier policies regarding changes or cancellations to the dates or destination(s); as some changes and cancellations may incur change fees from the Supplier(s). Once your booking(s) is confirmed, we will provide you with instructions for all payments and all due dates. We will also provide you with final payment reminders in advance of your final payment(s). You must complete all requested authorizations on time in order for us to make payments in full and on time.
If you are booking within 60 days of the departure date, full payment may be due at the time of booking. If full payment is not received by the due date we provide you, we reserve the right to cancel your travel and apply any cancellation charges set out in the cancellation section below, if applicable. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms as described below would be in effect. Traveler understands that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional money. Your amount owing is subject to change until you receive confirmation that your travel plans are paid in full. Deposits are typically NON-REFUNDABLE, unless stated otherwise in the terms and conditions of the Supplier.
Some travel packages have the option of adding travel protection insurance, other travel packages will require us to provide insurance quotes separately. If insurance is not listed as an inclusion, you will need to obtain travel protection insurance separately. For this reason, we will work to get travel insurance options to you immediately upon booking with us, as we highly encourage the purchase of travel protection insurance.
Please review all documents, including the cancellation policies and terms and conditions of the Suppliers carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within 24 hours of any corrections.
Approximately one (1) month prior to your trip, we will present you with your final confirmed custom itinerary containing a summary of all travel confirmations, and destination information. Certain Suppliers may provide additional information (including on-site contacts) and updates closer in time to your time of travel. If that is the case, we will update your itinerary with the latest information, and you will see the updates in real time on the itinerary app. We can assist in walking you through the process to download the itinerary app and review your itinerary with you in detail prior to you embarking on your travel journey. When you are traveling, we will check in with you and while you travel, we will be available for any assistance you may need.
6. PLANNING FEES. Although our work on your travel experience begins when you agree to book with us, the planning process begins long before that. We pride ourselves on years of experience planning travel, educating ourselves, building relationships, and networking with our suppliers to provide our clients with the best options for their travel needs. Our custom proposals often take many hours of planning, researching, and communicating with travel Suppliers to confirm the custom details for your travel plans. To compensate for our experience, time, and effort, we charge a planning fee that varies based on the type, complexity, and length of your trip. You can view our planning fees on our website here. Our planning fees are always non-refundable, regardless of whether you choose to book with us.
Once we process your planning fee, you will receive a receipt for your payment of our planning fee. On yo"r bank or credit card statement, you will see “Marchette Travel” as the bank/credit card payment processor.  ""7. SCOPE/AGENCY. Marchette Travel does not provide, own, manage, operate, supervise, or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruises, tours and excursions, rental cars, pack"ges, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties, such as destination management companies, airlines,"hotels, cru"se lines, and tour operators (the “Supplier(s)”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty diSupplier'scredits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so by bSupplier'sh us you agree to and understand all Supplier’s terms and conditions and privacy policies. Your interaction with any Supplier is at your own risk; Marchette Travel does not bear any responsibility should anything go wrong with your booking or during your travel. AS THE TRAVELER YOU AGREE THAT MARCHETTE TRAVEL ACTS ONLY AS AGENT FOR THE TRAVELER IN ACQUIRING TRANSPORTATION, HOTEL ACCOMMODATIONS, CRUISES, SIGHTSEEING AND OTHER TTRAVELER'SUCTS, PRIVILEGES OR SERVICES FOR THE TRAVELER’S BENEFIT, AND ON THE EXPRESS CONDITION THAT MARCHETTE TRAVEL SHALL NOT BE RESPONSIBLE FOR ANY ACT, OMISSION, NEGLIGENCE, BANKRUPTCY, INSOLVENCY OR DEFAULT OF ANY SUPPLIER, COMPANY OR PERSON ENGAGED IN OR RESPONSIBLE FOR ANY TRAVEL PRODUCTS, OR OTHERWISE IN CONNECTION THEREWITH. TRAVELER FURTHER AGREES THAT MARCHETTE TRAVEL SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH MARCHETTE TRAVEL. MARCHETTE TRAVEL SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, OR DELAY WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS.
8. AIR RESERVATIONS. You contract for airfare is with the carrier and is subject to its terms. We are not liable for any change fees or cancellation fees or other additional costs (including, but not limited to baggage fees, seat assignment fees, etc.) you incur with the air carrier.
9. TRAVELER INFORMATION. Natravelers'ed to secure reservations must match travelers’ respective passports and government issued identification. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
10. CREDIT CARD BOOKINGS. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click (checkbox) or signed authorization for every transaction for your travel. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability "o dispute c"arges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Marchette Travel retains the right to dispute any chargeback thaattorney'sper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.• Chargebacks arising from supplier'sncy or inaccuracy with regard to the supplier’s product description.• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Marchette Travel or the Supplier.• Chargebacks resulting because you do not agree with the cancellation policy.
11. PRICE AND RATE CHANGES. The price listed on your proposal, itinerary, or on our website is based on known costs at the date of issue of the proposal, itinerary, or posting to our website. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an authorization or invoice reflecting the current price and particular inclusions.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase in your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our Suppliers, dues, or taxes payable locally, currency fluctuations, and government actions. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment, your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
12. CHANGES & CANCELLATIONS BY TRAVELER. Changes by TravelerSince changes may be considered canceled services, additional cancellation penalties may apply. Changes are subject to additional hotel charges based on availability and may incur additional fcarrier'sges to airfare are subject to the air carrier’s terms and conditions.
Cancellations by TravelerCancellation of travel must be made in writing and is effective from the date we receive the written notification. For certain travel bookings we may charge a $100 per person cancellation fee. All Suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the SupplSupplier'sny applicable refunds subject to the Supplier’s terms and conditions. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not Marchette Travel. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, or for Supplier bankruptcy or insolvency.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refunds. Cancellation policies for cruises vary by cruise line. You will be advised of their cancellation policy at the time of booking and in your booking confirmation. If you are ever curious about the Supplier’s cancellation policies, please be sure to inquire with us prior to booking any itinerary with us.
13. CHANGES AND CANCELLATION BY THE SUPPLIER. We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.
If between planning time and/or during actual travel, circumstances require changes, Marchette Travel and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of any travel plans, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers traveling. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Marchette Travel cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the booked travel plans that have been changed.
14. NO REFUND FOR UNUSED ARRANGEMENTS. As Marchette Travel’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
15. FORCE MAJEURE. Marchette Travel assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Marchette Travel that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers, we will refund these to you without any charge by Marchette Travel.
Travel'Supplier's"""16. TRAVEL PROTECTION INSURANCE. It is ttraveler'sr’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional “cancel for any reason” coverage (or something similar) is strongly recommended. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection plans can help protect you in the event of loss of non-refundable deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason" coverage should be purchased in close conjunction with your travel purchase. Marchette Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Marchette Travel cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Marchette Travel cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising.
17. DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Marchette Travel urges travelers 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 http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state. Should you choose to travel to a country that has been issued a travel warning or advisory, Marchette Travel will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA 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 here: http://www.tsa.gov/traveler-information/acceptable-ids. Marchette Travel strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA 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.
Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction or criminal record, Marchette Travel shall not be liable for any losses, expenses, or refunds to you, or anyone in your group.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your travel. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.  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 traveler to miss flight(s), and subsequent scheduled travel bookings. Marchette Travel bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your travel plans related to improper documentation or government decisions about entry.
18. INSECTICIDE NOTICE. Travelers are encouraged to 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 U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Transportation's19. HAZARDOUS MATERIALS. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your 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 include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
20. NON-RESPONSIBILITY. Marchette Travel, its employees, managers, members, agents, and representatives ("Representatives") use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to your travel plans. Marchette Travel is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. Marchette Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your travel plans. All Suppliers are independent contractors and are not agents or employees or representatives of Marchette Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Marchette Travel, nor its Representatives are or may be liable for any loss, injury, or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Marchette Travel or its Representatives. Marchette Travel and its Representatives assume no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Marchette Travel and its Representatives assume no responsibility or liability for personal property; and Marchette Travel and its Representatives shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Marchette Travel and its Representatives accept no responsibility for lost or stolen items. Marchette Travel and its Representatives reserve the right to refuse any traveler or potential traveler at its sole discretion.
Traveler understands and agrees that Marchette Travel shall only be subject to limited recovery in the amount of commissions and/or fees Marchette Travel earned and received from traveler's booking and nothing more.
21. ASSUMPTION OF RISK/WAIVER. Traveler is aware that travel to some areas as traveler is undertaking may involve inherent risks, some in more remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; exposure to inherent risks in riding on theme park attractions, your own negligence and/or the negligence of others, including tour guides, other travelers; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of booked travel, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF MARCHETTE TRAVEL AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE MARCHETTE TRAVEL, AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH YOUR TRAVEL, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF MARCHETTE TRAVEL AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE MARCHETTE TRAVEL AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING MARCHETTE TRAVEL. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE AGREED UPON TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.
22. INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Marchette Travel and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, "damages") involved with or incurred by Marchette Travel or its Representatives (including, without limitation, reasonable attorneys' fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler's breach or violation, or threatened breach or violation, of this Contract and (ii) any damage caused by traveler while participating in any tour or travel.
23. BAGGAGE FEES. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. Marchette Travel is NOT responsible for additional fees incurred for baggage or seating.
24. RE-CONFIRM YOUR FLIGHT. Marchette Travel advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
25. HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your travel plans, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Marchette Travel will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, are unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Marchette Travel at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding, embarkation, or access to a supplier, travel product, or service due to pregnancy, Marchette Travel shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with.
26. PHOTOGRAPHIC & VIDEO LIKENESS & FEEDBACK. Traveler hereby gives consent and grants to Marchette Travel a royalty-free, perpetual, and irrevocable license to publish any photographs and videos of the tour, trip, or traveler in printed or electronic media that is provided to Marchette Travel or in which Marchette Travel is tagged or identified on any social media platform or application without obtaining further consent and without compensation. Traveler releases Marchette Travel and its representatives from any liability in connection with any use of such photographs and/or video.
27. CLASS ACTION WAIVER & LIMITATION OF DAMAGES. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST MARCHETTE TRAVEL IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. MARCHETTE TRAVEL SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON TRAVEL, A TRIP OR A TOUR MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT ANY RECOVERY YOU DO RECEIVE SHALL BE SOLELY LIMITED TO THE AMOUNT MARCHETTE TRAVEL EARNED IN COMMISSION AND/OR FEES FROM YOUR BOOKING.
28. JURY WAIVER & NOTICE OF CLAIM OR INTENTION TO COMMENCE ACTION. YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST MARCHETTE TRAVEL UNLESS YOU HAVE FIRST PROVIDED A TYPEWRITTEN NOTICE OF CLAIM TO MARCHETTE TRAVEL AT MOC.LEVARTETTEHCRAM%40OLLEH WITHIN 30 DAYS AFTER THE TOUR OR TRAVEL BOOKED WITH MARCHETTE TRAVEL OR CANCELLATION OF THE TOUR OR TRAVEL BOOKING.
29. GOVERNING LAW & VENUE. These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the County of Los Angeles in the State of California. 30. ELECTRONIC COMMUNICATIONS. You have a committed team by your side every step of the way. From check-in to check-out, you will have direct access to the Marchette Travel team for us to handle anything you may need assistance with remotely while you are traveling. You can expect us to check in with you via email and/ or text message before, during, and after your travel or tour to ensure everything runs smoothly. You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.
31. ENTIRE AGREEMENT & SEVERABILITY: These Terms and Conditions, including any other documents, itineraries, and invoices we provide you, constitutes our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Marchette Travel. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.