Platinum Porter, LLC Terms and Conditions

Platinum Porter, LLC Terms and Conditions

CONSENT TO TERMS AND CONDITIONS

Access to and use of the services of Platinum Porter, LLC, DBA Platinum Porter (hereafter “Platinum Porter” and/or “our”, “us”, “we”), a New York State Limited Liability Company, is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices, personnel, or through our website, you, the purchaser (corporate or individual) and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. You should read these terms to be familiar with our policies. These terms and conditions govern the relationship between Platinum Porter and you, the Customer. These terms restrict your rights and remedies and provide protection to Platinum Porter. These also include warranty disclaimers and liability exclusions. By using our services you acknowledge and agree (a) this is a fair balance because our services and written quotes are accessible by you conveniently and at no charge, via email, telephone, or website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use Platinum Porter’s services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use or agree to our services. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE OR REQUEST PLATINUM PORTER’S SERVICES. No alterations to these terms and conditions may be made by any Platinum Porter employee, authorized representative or agent, unless in writing by an authorized officer of Platinum Porter.

USE OF PLATINUM PORTER ACCESS AND INFORMATION FOR TRAVEL BOOKINGS

You (company, company’s representative, or individual) warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Platinum Porter by any means in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Platinum Porter communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Platinum Porter is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Platinum Porter shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Platinum Porter and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Platinum Porter debiting your account for any costs Platinum Porter incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Platinum Porter.

SELLER OF TRAVEL

Platinum Porter is a fully accredited travel agency with the International Airlines Travel Agency Network; our IATAN accreditation number is 33-7 7350 4.

PAYMENTS, DEPOSITS AND CANCELLATIONS

Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, transfer company, sightseeing operators, restaurants, and any other travel service vendor) terms and conditions involved in your travel booking. Specific payment and deposit timelines will be outlined within your Platinum Porter invoice and are dependent upon: (a) type of service(s) reserved; (b) the timeline of your planned reservation(s); and (c) the number of people in a group. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited.

All cancellation requests must be sent to Platinum Porter in writing. As a result of cancellation, Platinum Porter’s and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, each supplier’s contracts held by us, and within your Platinum Porter invoice. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your Platinum Porter agent. All cancellation fees will be charged to the credit card you authorized to pay for travel services, deducted from the supplier’s refund, or invoiced to you directly by us.

If you cancel your arrangements, you may be entitled to a partial or full refund, depending up the timeline of your reservation, and other factors. In addition to the cancellation terms and conditions of your/our Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation. We need to receive from you written notice before any applicable refund can be considered. If you decide to cancel arrangements before the balance due date, some deposits paid may be non-refundable. Cancelled bookings typically incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced, depending upon supplier and timeline. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.

Platinum Porter is an intermediary entity; we negotiate, arrange, budget, and secure travel and other arrangements on your behalf from our network of Suppliers, or Suppliers specified by you, at your request, through contracts made between us and the Supplier, for commission, fee, and/or net rates, factored into rates and/or fees presented to you in a written proposal. We do not directly conduct or provide any of the invoiced services, unless otherwise noted. Refunds will only be paid to you once we have received the funds back from Supplier(s). We are not responsible for a Supplier’s failure to pay a refund. If the reason for your cancellation is covered under the terms of a travel insurance policy, you may be able to reclaim your cancellation charges through your insurer. No refunds will be made if you do not show up for your reservation or if you interrupt or cancel your travel or individual reservation once it has commenced.

LATE BOOKINGS AND SHORT NOTICE

Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees. Bookings made on short notice (less than 14 days) require 100% deposit at time of confirmation and are not subject to refunds.

CURRENCY FLUCTUATIONS

Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.

ALTERATIONS TO CONFIRMED BOOKINGS

If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges, if applicable, are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to Platinum Porter.

HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS

Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Platinum Porter shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon arrival at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Customer is responsible to make Platinum Porter aware when traveling on a passport from a country other than the USA.) Platinum Porter neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Platinum Porter is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis. When travelling domestically 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 found at http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically 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. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Platinum Porter 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-United States 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; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. 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 Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.

When you receive any and all travel documents, it is the sole responsibility of the customer to review and verify all information. Contact Platinum Porter immediately if changes or corrections are required.

INDIVIDUAL ENTRY AND EXIT REQUIREMENTS

Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements.

(Details can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html.)   We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers.  (Reference http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)

RISKS/SAFETY

Travel to certain destinations may involve greater risk than others. Platinum Porter urges customers 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, or other governments, 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,http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, PLATINUM PORTER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.

AIR, CHECK-IN, SCHEDULE RECONFIRMATION

UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Platinum Porter shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, 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 time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.

INSURANCE

Travel insurance may be a vital part of your arrangements. We recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance, at your request.

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

Platinum Porter acts solely as a booking agent for disclosed principal supplier hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of Platinum Porter. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Web sites, which govern the transaction. All bookings are accepted by Platinum Porter as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites.

BECAUSE PLATINUM PORTER ACTS AS AGENT FOR DISCLOSED AND UNDISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE PLATINUM PORTER IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. PLATINUM PORTER HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH PLATINUM PORTER’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF PLATINUM PORTER’S CONTROL, AND YOU HEREBY EXONERATE PLATINUM PORTER FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Platinum Porter’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Platinum Porter. Platinum Porter reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. Platinum Porter shall not assume any responsibility for any air and/or ground schedule changes. Platinum Porter has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from Platinum Porter will be limited to the commission and fees paid by Customer actually received by Platinum Porter.

FORCE MAJEURE

“Force Majeure” means, in relation to Platinum Porter, any circumstances beyond the reasonable control of Platinum Porter, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).

Platinum Porter shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS RECOMMENDED ON ALL TRIPS.

If Platinum Porter, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Platinum Porter to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Platinum Porter shall use its reasonable efforts to reimburse you where possible. However, Platinum Porter shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Platinum Porter of the Force Majeure and applicable cancellation fees.

Regarding civil unrest, once Platinum Porter has investigated the prevailing situation, as it deems fit, it shall remain in Platinum Porter’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to Platinum Porter’s and each supplier’s terms and conditions.

INDEMNIFICATION

You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our services.

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