Updated July 27, 2021
Enjoy Life Vacations, LLC
Booking Agreement Terms and Conditions
Enjoy Life Vacations is an affiliate of Gifted Travel Network, a Virtuoso Member Agency. The terms “we”, “us” and “our “refers to Enjoy Life Vacations. The term “you” and “traveler” refer to the customer and all members or their party that booked through Enjoy Life Vacations.
The following terms and conditions are applicable to your booking. Travelers will be subject to the following terms and conditions, together with any additional documentation we give you, and any additional terms and conditions of any Supplier that are applicable to your travel arrangement (“The Agreement”). By making a booking and paying a planning fee you are consenting to be bound by The Agreement. These terms and conditions contain important legal obligations that you make including a waiver of liability, waiver of a class action lawsuit, and choice of law, and notice provisions, so it is important that you read them carefully. If you do not agree with any of the terms of The Agreement, you should not make a booking with us or participate in a trip.
You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.
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.
You represent and warrant that (a) you are of sufficient age to use our services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you is true and correct.
Professional Fee: Planning custom travel takes time and effort. Therefore, we charge a non-refundable research and design fee which covers consultation, research, pricing, and support before, during, and post travel. This fee is payable whether or not you make a final booking with us. The professional fee includes the following services:
- Access to the travel advisor via email and scheduled calls prior to travel
- The travel advisor will reply to emails within 48 business hours
- Itinerary app with an overview and any necessary vouchers or tickets
- Concierge services such as restaurant reservations and spa appointments
- Unlimited edits to your itinerary until the first deposit
Booking and Payment: Once we have finalized your itinerary, we will send you an invoice for payment of the initial deposit. Your booking is confirmed upon receipt of the deposit. After booking you will receive your itinerary with an invoice with payment information and other important travel information. Some suppliers and airlines will require a larger or payment in full to hold your booking. Traveler will be notified if a larger deposit is required. Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Supplier.
Final payment is due as indicated on the supplier invoice. For bookings within 60 days of travel, full payment is due at the time of booking and is 100% non-refundable. If any payment is not paid by the stipulated date, Enjoy Life Vacations reserves the right to treat the booking as canceled by you in which case the terms and conditions of cancellation become applicable.
Once payment for your trip is processed, you will receive a receipt and your travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
Booking Accuracy and Legal Names: Traveler is required to immediately review all aspects of their booking to verify (but not limited to): all travelers’ 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 us immediately if any omissions and/or corrections are needed regarding the booking details. Traveler(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Traveler is required to verify the accuracy of every traveler’s LEGAL first, middle, and last names. It is mandatory that traveler names be identical to the LEGAL first, middle, and last names and identical to the names as they appear on booking and travel documents.
Credit Card Bookings: 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 to dispute charges 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. Enjoy Life Vacations retains the right to dispute any chargeback that is improper 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 inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Enjoy Life Vacations or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
Pricing: Price quotes are applicable to the date and time at which they are requested. Quotes in foreign currency are subject to fluctuations in exchange rates and International credit card issuer fees. Enjoy Life Vacations is not responsible for any increases due to fuel surcharges, government imposed taxes/fees or supplier-imposed increases.
All reservations are subject to cancellation and penalties as described below if payments are not received on the due date.
We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.
Scope/Agency: Enjoy Life Vacations does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Suppliers”) such as airlines, hotels and tour operators. The Suppliers are responsible for the Travel Products. The Supplier’s cancellation terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; Enjoy Life Vacations does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that Enjoy Life Vacations acts only as agent for the traveler in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the travelers’ benefit, and on the express condition that Enjoy Life Vacations shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Cancellation: As described above, planning travel takes extensive time and Enjoy Life Vacations is required to pay all suppliers well in advance of your vacation date. All suppliers have their own cancellation policies, which apply to your booking. All cancellations must be received by Enjoy Life Vacations in writing.
Upon, receipt of your cancellation request, Enjoy Life Vacations will reach out to Suppliers for any applicable refunds as outlined in the Supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Enjoy Life Vacations. Generally, flight tickets, hotel reservation and other items provided for the travel cannot be refunded if they are partially used. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Supplier’s failure to pay a refund or for Supplier bankruptcy or insolvency. Money will be refunded to the original payor.
Regarding Airline tickets: They are typically 100% non- refundable and subject to individual airline penalties/fees.
Because we and our Suppliers strictly adhere to cancellation terms, we strongly recommend the purchase of a Travel Protection Plan.
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 operator but we will have no further liability to you.
During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Suppliers seeking to reduce inconvenience to Travelers. Such changes are deemed not to be a major change, and no compensation will be payable to Travelers. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
Force Majeure: We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the Supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, volcanic eruption, hurricane, earthquake, and all similar events outside our control. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events.
Travel Protection/Insurance: Travel protection and insurance is strongly recommended to protect your investment, including additional cancel for any reason coverage. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip 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 must be purchased in close conjunction with your travel purchase.
Unless specifically noted, travel insurance is not included in the cost of traveler’s itinerary. Information for travel insurance will be sent to you within a reasonable time frame after deposit based on trip cost and components.
Enjoy Life Vacations is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Enjoy Life Vacations 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. Enjoy Life Vacations cannot be held responsible for denied entry if a traveler is unable to provide 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, for which trip protection plan coverage was available.
Changes to the Itinerary: The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of Enjoy Life Vacations no refund can be made, nor will credit be allowed, or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip traveler agrees to pay additional expenses required by such alternative(s), if any.
Documentation/Destinations: Travel documentation appropriate for entry to your itinerary destinations, such as passports, visas & inoculation certificates, remain each traveler’s responsibility. It is each traveler’s responsibility to make certain that they have proper immunizations before travel – please see your health provider for advice. Valid passports are required for all international destinations. If a passport is required to travel, the expiration date must be at least six (6) months following the return date of the planned travel. Each foreign country holds different views of past criminal offenses – if you have a current or past offense, please contact that country directly for entry and exit requirements. Travelers with DWI or DUI records should check whether current rules exclude admission to foreign destinations. For further information, please visit the U.S. State Department web site: travel.state.gov. Enjoy Life Vacations bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Travel to certain destinations may involve greater risk than others. Enjoy Life Vacations urges travelers to remain informed on a daily basis as to current news events, 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. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking. You are also responsible for obtaining any testing and providing any paperwork as required by governmental bodies due to COVID-19. Should you choose to travel to a country that has been issued a travel warning or advisory, Enjoy Life Vacations will not be liable for damages or losses that result from travel to such destinations.
Checkin & Departure Responsibilities: It is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure for international flights. * It is the traveler’s responsibility to reconfirm flight times at least 24-72 hours prior to scheduled flights. Enjoy Life Vacations will not assume responsibility for any air or schedule changes. Certain countries require departure taxes that require payment in cash.
*Recommended check in times are subject to change without notification. It is the traveler’s responsibility to remain abreast of changes in condition or airport rules that might require earlier arrival times. This information can be found when entering your confirmation number on the airline website.
Release of Liability: Enjoy Life Vacations is not the source or supplier of the travel services requested and acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, ground transportation and other companies providing accommodations, transportations, and/or other services. Each of these suppliers is an independent entity with its own management and is not subject to the control of Undiscovered Sunsets. Enjoy Life Vacations shall not be liable for any accident, injury, property damage or personal loss to traveler or to those traveling with traveler in connection with any travel services we have booked, including but not limited to acts of God, weather conditions, natural disasters, acts of governments or other authorities, supplier failure, wars, civil disturbances, riots, strikes, epidemics, pandemics, acts of terrorism, breakdown in equipment, theft, delay, fuel increases or cancelation or change in intermarry or schedules. I acknowledge and accept that there are cancellation policies, change fees and penalties that apply to my travel plans and services as set by travel suppliers. If for any reason my credit card charges are later declined, reversed or Enjoy Life Vacations is unable to receive payment for the travel plans and services, I acknowledge that this is a binding contract and Enjoy Life Vacations will be entitled to recovery, including reasonable attorneys’ fees in connection with collection.
Assumption of Risk/Waiver: Traveler is aware that travel such as traveler is undertaking on the trip may involve inherent risks, some in 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, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Enjoy Life Vacations and its employees, agents and/or representatives; 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 this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Enjoy Life Vacations and agrees to and shall hold harmless and fully release Enjoy Life Vacations from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Enjoy Life Vacations and traveler hereby covenant not to sue Enjoy Life Vacations for any such claims or join any lawsuit or action that is suing Enjoy Life Vacations. This agreement also binds your heirs, legal representatives and assigns.
Coronavirus COVID-19 Release, Assumption of Risk, Waiver of Liability & Indemnity Agreement
The 2019 Novel Coronavirus* (COVID-19, “Coronavirus”) is a known pandemic that has affected travel worldwide. Traveler is aware of the current global Coronavirus COVID-19 virus outbreak, current travel restrictions, and inherent risks of traveling including exposure to infection, 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 trip. Traveler acknowledges that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Enjoy Life Vacations. Traveler understands that it is his/her personal decision to travel and takes full responsibility for his/her actions. Traveler is also responsible to check the latest CDC’s travel information which can be found at https://wwwnc.cdc.gov/travel/notices.
Traveler is aware that additional screening procedures and restrictions may take place at airports and in public areas and is aware that these restrictions may include mandatory face coverings and/or temperature checks. Traveler is aware that immigration restrictions may be put in place before or during travel that may impede traveler’s ability to enter or exit their destination as planned.
Traveler is aware that travel plans and arrangements may be disrupted, interrupted, changed or cancelled, whether by any supplier(s), government authority(s) or others, which Enjoy Life Vacations does not control. Traveler acknowledges that supplier cancellation, rebooking and refund policies will govern traveler’s rights and remedies, including any right or lack of right to refund(s). Traveler acknowledges the risks that any supplier(s) may refuse, or claim to be unable, or actually be unable to comply with their own rebooking and refund policy(s).
Traveler understands and confirms that even if travel suppliers make a good faith effort to enforce pandemic policies/procedures, some travelers may refuse to cooperate with said policies. Traveler further holds Enjoy Life Vacations harmless for any injury or harm that may arise.
Traveler has been urged to buy travel insurance; Traveler acknowledges that if traveler elects to buy travel insurance, the policy terms will control whether, and to what extent, coverage for any event and financial loss may exist. Traveler is aware travel insurance does not cover all events and does not cover 100% of the losses for those risks that are covered
Traveler understands the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss. Traveler agrees that having considered these risks, Traveler, for themself and any minors traveling with traveler, desire to participate in the tour and Traveler freely and voluntarily assume complete personal responsibility for the risk of exposure, illness and death due to COVID-19, for travelers and any minors traveling with traveler, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed.
I, for myself, and any minors traveling with me, and on behalf of my and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Enjoy Life Vacations, its officers, agents, and/or employees, suppliers, and other participants (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY, DEATH OR ANY OTHER LOSS I may suffer due to exposure, infection, or spread of COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Indemnification: Traveler agrees to and shall indemnify and hold harmless Enjoy Life Vacations, and each of its officers, directors, employees and agents (collectively “Enjoy Life Vacations”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Enjoy Life Vacations (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 Agreement and (ii) Any damage caused by traveler while participating in the trip.
Pre-existing Medical Conditions/Persons with Disabilities: The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, 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. Enjoy Life Vacations 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, 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 Enjoy Life Vacations 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.
Governing Law/Submission to Jurisdiction/Jury Waiver/Notice of Claim: This Agreement 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 Florida exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Florida. You agree that you will only bring claims against Enjoy Life Vacations in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Enjoy Life Vacations shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Enjoy Life Vacations unless you have first provided a typewritten notice of claim to Enjoy Life Vacations within 30 days after the tour or cancellation of the trip.
Entire Agreement and Severability: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Enjoy Life Vacations. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.