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This Agreement is between Spellbound Leisure ("Company," including but not limited to Spellbound World and Spellbound Leisure) and You ("Client") (collectively, the "Parties," or in the singular, "Party"). The purpose of this Agreement is for the Client to hire the Company to provide the travel advisory services outlined below. This Agreement shall become effective upon the date of both Parties’ signatures as indicated below.

1. Scope of Services

A. Travel-Related Services

Client understands and agrees that Company acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors, or owners, and other independent contractors providing accommodations, transportation, and other services (“Suppliers”) and is not the source or provider of the travel services. Company, including but not limited to Spellbound World and Spellbound Leisure, disclaims any liability for the actions or omissions of these Suppliers.

 

• Bespoke Travel Planning: Customized travel itineraries, including flights, accommodations, transportation, excursions, and dining reservations tailored to the client's needs.

• Exclusive Itineraries: Spellbound Leisure creates exclusive itineraries that include:

  • Hosted Trips: Group travel experiences managed by our team, available on specific dates.

  • Exclusive Group Departures: Special group trips departing on pre-set dates.

  • Flexible Exclusive Itineraries: Private itineraries that can be booked for any date by the client.

• Bookable Trips: Direct booking services for curated trips, cruises, hotels, and exclusive travel experiences.

• Accommodation Bookings: Arranging stays at select hotels, villas, resorts, and unique accommodations.

• Transportation Services: Car rentals, private transfers, and tour bookings.

• Restaurant Reservations: Bookings at high-end restaurants as part of a tailored travel experience.

• Affiliate Travel Services: The website may include affiliate links to third-party travel service providers (e.g., hotels, flights, car rentals) through which bookings can be made. Spellbound Leisure may receive commissions for these bookings.

• Membership Perks: Site members receive VIP perks such as room upgrades, complimentary amenities, access to exclusive reservations, and fee waivers.

The following travel advisory services shall be provided by the Company (“Package”):

• Flight reservations (only if specified and included in a special package)

• Accommodation bookings

• Transportation (i.e., car rentals/transfers/tours)

• Excursion bookings

• Restaurant reservations

• Electronic and PDF itinerary creation (“Itinerary”), including researched recommendations and suggestions (customized booking arrangements available upon request)

• Application access via phone

• Booking confirmations/uploads

• Tour and activities suggestions

• Receipts of services

 

B. Editorial, Blog, and Shop Content

1. Travel Editorial Content: Providing destination guides, travel tips, luxury hotel reviews, articles on various travel experiences (culinary, adventure, cultural, etc.), and curated itineraries.

2. Newsletter Subscriptions: Offering email newsletters with travel inspiration, deals, tips, and Spellbound Leisure’s latest updates.

3. Travel Blog: Featuring articles and guides, some of which may include affiliate links to products, services, or experiences. The content provided in the blog is for informational and inspirational purposes and should not be construed as personalized travel advice.

4. Affiliate Marketing: Including affiliate links within editorial content, blogs, and guides, allowing users to purchase products, book travel, and access other services through third-party providers. The Company may receive commissions for such purchases.

5. Online Shop: Offering travel-related products, such as travel accessories, curated travel packages, and destination-inspired merchandise. Purchases made through the online shop are subject to separate terms of sale outlined at the point of purchase.

6. Travel Awards, Lists, and Recommendations: Curating annual travel awards, "Best of" lists, and recommendations based on our editorial research, reviews, and client feedback.

7. Advertising and Sponsored Content: Including sponsored articles, native advertising, and branded content within our website and newsletters. Sponsored content is clearly identified as such, and any opinions expressed are those of the sponsor, not Spellbound Leisure.

8. User-Generated Content and Reviews: Facilitating sections for user comments, reviews, and community engagement, while reserving the right to moderate such content for appropriateness and relevance.

 

2. Bespoke Planning Fees

No booking or service fees are charged for any specific bookings reserved on SpellboundLeisure.com. However, Custom bespoke planning requires extensive research, planning, and coordination and must be requested via the bespoke planning portal.  Fees equal to $250-$500 per booking shall apply and are non-refundable. The fee is payable at the time of booking and prior to the issuance of confirmations. Additional fees may apply for customized itineraries and other requests.

Cruise Booking Fees

• The Company does not charge cruise booking fees for site subscribers. A $100 per person cruise booking fee may apply to non-subscribers if several cruise options need to be quoted in a customer itinerary as part of bespoke planning, When booking/reserving a specific itinerary , no cruise or hotel booking fees apply.

Exclusive Itineraries

• Hosted Trips: Group travel experiences managed by Spellbound Leisure, scheduled on specific dates and hosted by a partner travel advisor or travel host.

• Exclusive Group Departures: Special group trips arranged for pre-set departure dates.

• Flexible Exclusive Itineraries: Custom private itineraries crafted exclusively by Spellbound Leisure that can be booked for any date.

3. Credit Card Authorization & Chargebacks

The Client shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the Client’s travel bookings through the Company. By submitting a credit card authorization form to the Company, the Client agrees to allow the Company to use its payment method to purchase travel products from our Suppliers on the Client’s behalf. The Client agrees to hold the Company, including but not limited to Spellbound World and Spellbound Leisure, harmless from any liability, including but not limited to chargebacks or disputed charges, arising from the use of the Client’s credit card.

4. Cancellations & Reschedulings

General Cancellations
All cancellations of confirmed reservations are subject to the vendor-specific cancellation policies. per person administrative fee. Additionally, the Client is subject to any cancellation fees assessed by the purveyors of services, including hotels or airlines used in the itinerary.

Exclusive Itinerary Cancellations
Exclusive itineraries created and managed by the Company have their own cancellation policies. These trips are subject to a $350 cancellation fee per person if canceled. This fee is specific to exclusive itineraries operated or curated by Spellbound Leisure. Other supplier trips may have their own separate cancellation policies, which will be communicated at the time of booking.

Cruise Cancellations
For cruise bookings, cancellation policies vary depending on the cruise line's specific terms and conditions. Please refer to the cruise line's cancellation policy provided at the time of booking. The Company, including but not limited to Spellbound World and Spellbound Leisure, disclaims any liability for any loss, financial or otherwise, resulting from the cancellation or rescheduling of travel arrangements.

All cancellations or reschedulings must be made in accordance with each Supplier's terms and conditions. In the case of cancellation, the Client may be liable for penalties or fees assessed by Suppliers.

5. Insurance

We strongly recommend the purchase of trip cancellation insurance, which is available for coverage of expenses in conjunction with cancellation due to illness or accident. Baggage insurance is also recommended. In the event that the Client must cancel their participation in a travel program, trip cancellation insurance may be the only source of reimbursement. The Client agrees to release the Company, including but not limited to Spellbound World and Spellbound Leisure, from any liability related to the lack of or inadequacy of travel insurance. For further information on vacation insurance, please visit www.spellboundleisure.com/insurance.

6. Membership Perks and Exclusive Amenities

By subscribing and becoming a site member, Clients can access exclusive amenities and complimentary services free of charge. Members are entitled to exclusive benefits, such as avoiding cruise booking fees and access to special amenities for select travel arrangements. Non-subscribers may be subject to additional booking fees, as outlined in Section 2.

7. Passports and Visas

Valid passports are required for travel to most destinations. The Client must check with the appropriate consulate or embassy for the latest visa requirements. The Client is responsible for ensuring all travel documents are valid and current. This includes passports, visas, and any health-related documentation. The Company, including but not limited to Spellbound World and Spellbound Leisure, disclaims any liability for issues arising from the failure to obtain or maintain valid travel documents.

8. Baggage

Baggage and personal effects are at the owner’s risk throughout the travel program. The Client should check with airlines for all baggage allowances and restrictions applicable to flights. The Company, including but not limited to Spellbound World and Spellbound Leisure, disclaims any responsibility for damages, loss, or delays of personal property in connection with travel arrangements.

9. Booking and Reservations

All bookings and reservations made by the Company on behalf of the Client are subject to the terms and conditions of the specific Supplier. The Client must review and confirm the accuracy of booking details. The Company, including but not limited to Spellbound World and Spellbound Leisure, is not responsible for any inaccuracies or errors in booking information provided by the Client or Suppliers.

10. Itinerary Prices and Fees

Prices listed in an itinerary are estimates based on current information and are subject to change. Final prices will be confirmed upon booking and any differences due to fluctuations in taxes, fees, and currency rates are the Client’s responsibility. The Company, including but not limited to Spellbound World and Spellbound Leisure, disclaims any liability for price fluctuations or changes in fees.

11. Changes to Itineraries and Pricing

Prices are based on current rates of exchange, tariffs, and taxes. The Company reserves the right to increase tour prices to cover increased costs, tariffs, and taxes, and to reflect fluctuations in foreign exchange markets. The Company also reserves the right to withdraw a tour or any part of it, to make such alterations in the itinerary or with the tour inclusions as it deems necessary or desirable, and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. Itineraries and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond the Company’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.

12. Claims and Refunds

Refunds are not made for any missed services, except for verifiable extenuating circumstances with approval from the corresponding travel partner. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the travel partner verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. The Company will not accept any liability for any claims that are not received within 30 days of the termination of your travel program. All claims for days missed while traveling should be made in writing within 30 days of the termination of the program.

13. Air Transportation

The Company will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. The traveler’s confirmed itinerary will have detailed trip information, and it is up to the traveler to ensure the correct arrival and departure flight information from the trip start and end cities. Certain airfares are subject to a service fee. Should the Client cancel or change their air reservation before or after their departure, cancellation penalties may apply. Airlines concerned are not to be held responsible for any act, omission, or event during the time passengers are not on board their planes or conveyances. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.

14. Unused Arrangements, Minimum Passenger Requirements, and Alterations to Bookings

Unused travel arrangements are non-refundable. Certain trips may have minimum passenger requirements and are subject to alterations. The Client agrees to release the Company, including but not limited to Spellbound World and Spellbound Leisure, from any liability related to unused arrangements, failure to meet minimum passenger requirements, or alterations to bookings made by Suppliers.

15. Limits on Responsibility

The Company, its employees, officers, directors, successors, agents, and assigns, does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel, or otherwise), hotel and other lodging accommodations, restaurants, ground handling, and other services from various independent suppliers (including from time to time other affiliated companies). All such persons and entities are independent contractors. As a result, the Company is not liable for any negligent or willful act of any such person or entity or any third party.

The Company acts solely as an agent for the Client with respect to all transportation, hotel, and other tour arrangements. In that capacity, the Company exercises all reasonable care possible to ensure the traveler's safety and satisfaction, but the Company neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third party involved in carrying the traveler or in affecting these tours.

The Company is not responsible for damages, additional expenses, or any other losses due to cancellation, delay, or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God, or other causes beyond its control. All such losses must be borne by the traveler. The Company is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete, or expired traveler documents.

In the event of cancellation, delay, or rescheduling mandated by any of the aforesaid causes beyond the Company’s control, the passenger shall have the option of accepting in lieu of the original travel arrangement such rescheduled travel arrangement or other substituted travel arrangement(s) as may be offered, or else, receiving a refund of as much of such advance travel expenditures as the Company can recover on the traveler’s behalf from carriers, third-party tour vendors, etc., but the Company shall not have any obligation or liability to the traveler beyond the foregoing.

The Company reserves the right to make alterations to the tour's itinerary and to substitute hotels, vehicles, ships, or activities if this is required. The Company reserves the right to cancel, delay, or reschedule any tour prior to departure, and so long as this is not due to any of the aforesaid causes beyond our control, the passenger shall be entitled to a full refund of all monies paid to that point if they so desire, less any non-refundable deposits or uncollectible expenses incurred in accordance with the Company or its travel partners’ policies.

16. Risks

There are certain inherent risks in adventure travel of the type involved here. These include, but are not limited to, hiking, walking safaris, climbing injuries, and altitude sickness, and in all trips, dangers of animals, inaccessibility to medical attention, and difficulty in evacuation from remote locations in the case of a medical emergency. The passenger assumes all such risks with regard to these possibilities.

17. Travel Advisories/Warnings

It is the responsibility of the traveler to become informed about the most current travel advisories and warnings by referring to the U.S. State Department's travel website at www.travel.state.gov or by phone at 1-888-407-4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should the traveler still choose to travel, notwithstanding any travel advisory or warning, the traveler assumes all risk of personal injury, death, or property damage that may arise out of the events like those advised or warned against.

18. Arbitration Agreement

Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in California, USA, in accordance with the rules of the Arbitration Association then existent.

19. Travelers Representations

The traveler represents that neither they nor anyone traveling with them has any physical or other condition or disability that could create a hazard to themselves or other members of the trip. The Company and its travel partners reserve the right to decline to accept anyone on a trip. The Company and its travel partners reserve the right to remove from the trip, at their sole expense, anyone whose condition is such that they could create a hazard to themselves or others, or otherwise impact the enjoyment of other passengers on the trip.

20. Maximum Damages

The Company's liability for damages shall not exceed the total fees paid by the Client under this Agreement. The Client agrees that the Company, including but not limited to Spellbound World and Spellbound Leisure, is released from any liability beyond the fees paid by the Client for services provided.

21. Force Majeure

The Company shall not be liable for any failure to perform, or delay in performing, any obligation under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, natural disasters, government regulations, or other events of force majeure. The Client agrees to release the Company, including but not limited to Spellbound World and Spellbound Leisure, from any liability related to delays or non-performance due to force majeure events.

22. Sales Tax

Sales tax will be applied as required by California law. The Client agrees to hold the Company, including but not limited to Spellbound World and Spellbound Leisure, harmless from any liability arising from the payment or collection of sales tax.

23. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, representations, and understandings, whether written or oral, relating to its subject matter. The Client agrees that the Company, including but not limited to Spellbound World and Spellbound Leisure, is released from any liability arising from prior agreements or understandings.

24. Severability & No Waiver

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision. The Client agrees that the Company, including but not limited to Spellbound World and Spellbound Leisure, is released from any liability arising from the severability or waiver of any provision of this Agreement.

25. Counterparts/Facsimile Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be considered as valid and binding as original signatures. The Client agrees that the Company, including but not limited to Spellbound World and Spellbound Leisure, is released from any liability related to the use of facsimile or electronic signatures.

26. WE STRONGLY RECOMMEND TRAVEL INSURANCE

We strongly encourage you to consider purchasing travel insurance. The terms of the policy will dictate the extent of coverage for financial losses in various situations, including pandemics and pre-existing medical conditions. For full details, consult directly with the insurance carriers. Please note that travel insurance or waivers provided by Suppliers may not cover insolvency. Any descriptions of insurance made by our staff do not constitute a binding assurance or promise regarding the insurance. You agree not to hold us liable for your decision not to purchase travel insurance or for any denial of claims by the travel insurer, including but not limited to claims related to COVID-19 or other policy exclusions.

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Additional Travel Resources

• Passport and Visa information: http://travel.state.gov

• Center for Disease Control Travelers Health: https://wwwnc.cdc.gov/travel

• World Health Organization: https://www.who.int/