TERMS AND CONDITIONS
YOUR AGREEMENT WITH SUNKISSED EXPLORATIONS
By choosing Sunkissed Explorations to plan your flight, hotel, car rental, tour, cruise, or other trip, you signify your agreement with the following terms and conditions:
Sunkissed Explorations and www.sunkissedexplorations.com offers retail travel services to customers, which are provided by separate and independent vendors of travel services. We do not operate, control, or otherwise provide the services of the independent travel vendors. Sunkissed Explorations acts only as a sales agent for any airline, hotel, car-rental company, ground operator, tour operator, cruise line, shore excursion, attractions, or other travel Suppliers who provide goods or services for the passenger(s) trip.
While Sunkissed Explorations prides itself on selecting top quality Suppliers, we assume no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Sunkissed Explorations is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control.
Force Majeure: “Force Majeure” means, in relation to Sunkissed Explorations, any circumstances beyond the reasonable control of Sunkissed Explorations, (including, but without limitation, acts of God, explosion, flood, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). Sunkissed Explorations shall not be liable for any loss or damage incurred by you as a consequence of any of the Suppliers being unable to perform its obligations due to the unusual or unforeseeable circumstances (a “force majeure event”) beyond the control of the party affected by the force majeure event.
Passenger(s) acknowledge and understand that cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms. Pricing and availability may change without notice. Passenger(s) agrees that Sunkissed Explorations is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Sunkissed Explorations responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Sunkissed Explorations harmless for any actions or damages arising from Supplier pricing.
Fees and Price Drops: You agree to pay the travel planning, change, and other fees. All of Sunkissed Explorations fees are non-refundable. If a Supplier drops the price of a trip after booking, we will try to assist you with rebooking if the Supplier allows it, and a fee may apply. We do not guarantee any refunds or successful rebooking. Prices are not subject to increase after you make full payment; however, a price increase may apply due to changes in: transportation costs e.g. fuel, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and Sunkissed Explorations, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations. Passenger(s) acknowledge and consent to any post-purchase price increases in relation to the above paragraph.
Booking Accuracy/Legal Names: Passenger(s) is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking confirmation. Please notify Sunkissed Explorations immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. The name, date of birth and gender that appears on your passport or government issued ID must exactly match the same such data that is listed on airline ticket(s) and booking records. Sunkissed Explorations 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 return date of travel. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents.
Entry & Re-entry Rules: You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Make sure to note rules are subject to change whether your travels are foreign or domestic. Many countries require your passport to be valid for six months or more after your date of entry. If you have any issues (ie: legal convictions, arrests, warrants, child support issues, or other extenuating circumstances) that would prevent you from traveling outside of the US, it is YOUR responsibility to verify your ability to travel. Sunkissed Explorations will not be responsible for any denied boarding or entry/reentry into any country due to legal matters. Travel insurance often does not cover denied boarding or entry due to legal. Some countries require both parents’ consent for minors to travel.
Risks of Travel: Sunkissed Explorations has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, climate extremes, or the suitability for disabled persons of any portion of any tour at locations to which you may travel. For information concerning possible dangers at destinations, we recommend you contact the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov (click on “find International travel information” then click on “Country Information” and fill in the name of the destination country). For medical information, we recommend you contact the Centers for Disease Control at (800) CDC-INFO or www.cdc.gov/travel (click on “Destinations” and scroll to the name of the destination country). You assume full and complete responsibility for checking and verifying any and all YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
Power of Attorney: As our client, you hereby appoint Sunkissed Explorations to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, insurance and hotel guarantees. You authorize any of the attorneys-in-fact to authorize credit card authorizations for said purchases whenever any of them receives an online, phone, or email booking request reasonably believed to be from you or someone acting on your behalf, requesting travel arrangements be charged to this credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney.
Information on Website: The content and images contained on www.sunkissedexplorations.com, including downloadable files, are protected by copyright. You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage in the resale, redistribution, and use of the information on this website for commercial purposes. This website may contain third-party links and pointers which are included solely for your convenience and do not constitute any endorsement by Sunkissed Explorations and/or our Suppliers. While every effort has been made to ensure the accuracy and completeness of this information, Sunkissed Explorations is not responsible for the accuracy of the information, or the contents of the websites.
Electronic or handwritten signature: Both parties agree that you may acknowledge and agree to these Terms: (a) electronically; (b) by handwritten signature; (c) by any other electronic means, including without limitation acknowledgement via email acceptance of these Terms; or (d) by your implied consent deemed via your actions which shall include without limitation the payment of the invoice and/ or your use of the services provided by Sunkissed Explorations or any other travel supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this agreement.
Credit Card Merchant: We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased. However, if we are the credit card merchant, our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse would be against the Suppliers, and you agree not to initiate a chargeback against us.
Claims Deadline and Exclusive Jurisdiction: You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.
Refunds Changes Cancellations: Should I elect to change or cancel this reservation Sunkissed Explorations will make reasonable efforts to recover funds in the event of a trip cancellation, however, Sunkissed Explorations does not control the supplier’s change and cancellation policies and Sunkissed Explorations will uphold the supplier’s decision on how funds are handled in the event of changes and cancellations. Please refer to suppliers’ terms and conditions for cancellations, refunds, changes. Along with suppliers’ cancellation fees, Sunkissed Explorations also has cancellations/change fees per schedule of professional fees noted on www.sunkissedexplorations.com
Travel insurance protection is strongly recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel insurance to cover certain risks inherent in travel to protect against THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. By declining appropriate travel insurance, passenger(s) acknowledges and accepts liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.
If purchasing travel insurance, we urge you to thoroughly read your policy’s confirmation of benefits. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim. Please note that the travel insurance provider may not be allowed to discuss your claim with Sunkissed Explorations due to privacy laws (e.g. HIPAA). Passenger(s) acknowledge and agree that Sunkissed Explorations has no control over the travel insurance provider or its coverage decisions, and as a result THT is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.