TERMS & CONDITIONS
CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of Suncierge, Inc. (“Suncierge” and/or “our”) and our website are subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services from us, including through our website, or making payments online through our website, you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”) agree to be bound by these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. These Terms and Conditions govern the relationship between Suncierge and you, the Client. They restrict your rights and remedies and provide protection to Suncierge. They include warranty disclaimers and liability exclusions. By using this website you acknowledge and agree (a) these Terms and Conditions are fair and understood by you; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or Suncierge’s services. If you disagree with anything in these Terms and Conditions, including warranty disclaimers and liability exclusions, you are not willing to be bound by them, or you believe an essential term is missing from them, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS WITH WHICH YOU DO NOT AGREE, PLEASE DO NOT USE THIS WEBSITE OR SUNCIERGE’S SERVICES. Only an authorized officer of Suncierge may alter these Terms and Conditions and any such alteration must be in writing to be effective.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client 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 to board a flight. Acceptable forms of identification can be found at www.tsa.gov/traveler-information/acceptable-ids. Examples include a DHS-designated enhanced driver’s license, REAL ID-compliant driver’s license, United States passport, or a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such information that is listed on airline ticket(s) and booking records. Suncierge strongly recommends that you take into account that certain countries will not admit a traveler if his or her passport expires within six months of the date of entry or if there are not an adequate number of blank pages. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Forms may be found at help.cbp.gov/app/answers/detail. Clients acknowledge that any failure to strictly comply with these requirements may result in being denied boarding or an undue delay at an airport security checkpoint causing you to miss flight(s) and subsequent scheduled travel bookings on cruises and tours. Clients are encouraged to check each supplier’s website to ensure that you and all members in your travel group or party obtain and carry the required travel documentation. Identification information must be accurately submitted to Suncierge via the eform provided to Clients to collect all relevant Client travel data. It is solely your responsibility to ensure the accuracy of the information on behalf of you and your travel group for which you are authorized to make reservations. If your identification data changes, it is the Client’s responsibility solely to update Suncierge in writing of the correct data for all travelers in your group immediately after the change is effected. When you receive any and all travel documents, it is the Client’s responsibility solely to review and verify all information in a timely manner, generally within 24 hours. Contact Suncierge immediately if changes or corrections are required. Penalties may apply for changes required.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Foreign countries hold differing views regarding the admission of persons with past criminal offenses, whether committed within or outside their borders. For example, Americans who have been convicted of driving while intoxicated may be prohibited from entering Canada for serious criminality. 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. We believe it is an invasion of privacy for any member of our staff to make such an inquiry.
Travel to certain destinations may involve greater risk than others. Suncierge urges Clients to remain informed on a daily basis as to current news events and 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 www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, and 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 State Department can better assist you in an emergency. Enrollment is recommended and you may do so by going to www.step.state.gov. By offering for sale travel to particular destinations, Suncierge does not represent or warrant that travel to such places is advisable or without risk, and will not be liable for costs, damages, or losses that may result from travel to such destinations. The Client’s participation in such travel constitutes acceptance of such risks and the Client travels to such destinations at his or her own risk.
USE OF SUNCIERGE TRAVEL SERVICES AND INFORMATION FOR TRAVEL BOOKINGS
You represent and warrant that you are at least 21 years of age and possess the legal authority and capacity to enter into this agreement and to make travel reservations with Suncierge by any means, including our website, in accordance with these Terms and Conditions. You agree to be financially responsible for all of your travel reservations (as well as for use of your account by others, including, without limitation, adults and minors living with you). You agree to supervise all usage of Suncierge communications by minors under your name or account. You also represent and warrant that all information supplied by you or members of your household transacting business with Suncierge 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 and reservations provided by Suncierge 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 the travel-related goods and services you select. You agree to abide by the terms and conditions of purchase imposed by Suncierge 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 a supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, your being denied access to any flights, hotels, cruises, or automobiles, your forfeiting any monies paid for such reservation(s) or purchase, and in Suncierge’s debiting your account for any costs Suncierge incurs as a result of the violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Suncierge. Given the quick turnaround necessary to procure travel bookings on a Client’s behalf, you agree to: respond in a reasonable amount of time to inquiries, proposals and requests; coordinate necessary decisions, approvals and resolution among travel companions as needed; and proofread any and all travel documents in order to facilitate efficient planning.
PAYMENTS AND CANCELLATIONS
All availability and pricing provided in proposals for travel arrangements by Suncierge are subject to change until initial required deposit has been processed and Client receives confirmation of the arrangements.
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits will be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you cancel or change your travel plans is limited. All cancellation and change requests must be sent to Suncierge in writing. In the event of cancellation, the respective cancellation penalties of Suncierge and each third party supplier will apply. Suncierge may apply a cancellation penalty of 10% or more of the total travel cost and may also apply a change fee of 10% or more for requested changes to travel arrangements. Cancellation and change policies and penalties are generally detailed in your travel documentation, described at time of booking and provided to you upon confirmation. If you have any questions, or any policies or penalties are unclear, please contact your Suncierge advisor prior to paying the initial deposit toward your travel cost. All cancellation and change fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund. Credit card processing fees may be applied.
ALTERATIONS TO CONFIRMED BOOKINGS
Arrangements are deemed confirmed when Client makes his or her initial deposit and the supplier has verified availability and pricing as proposed. If the Client decides to change any portion of the confirmed arrangements prior to departure or during your trip, we will attempt to assist you in a timely manner. Certain reservations may not be able to be changed and penalties may apply. Administrative charges consisting of 10% or more of total travel cost may be required depending on the requested change. All desired changes must be made in writing to Suncierge.
To engage Suncierge for travel planning and services, Clients agree to pay Suncierge an initial nonrefundable planning fee before research begins and recommendations are provided in exchange for the fee. This fee may be waived, amended or refunded in special circumstances at the sole discretion of a Suncierge officer. Clients may also pay Suncierge a concierge services fee in exchange for assistance with optional planning services such as tour reservations, dining reservations, and special arrangements beyond normal duties. Suncierge reserves the right to charge an additional planning fee for changes or revisions that cause excessive rework from the plan’s initial scope as necessitated by the Client’s travel needs. In the event that the Client decides to postpone or cancel travel plans and then resume planning in the future, the travel plan will be treated as a new engagement and as such, a new planning fee will be required.
AIR TRAVEL, CHECK-IN, SCHEDULE RECONFIRMATION
Although Suncierge does offer air travel arrangements, either packaged with plans or separately for a fee, Client may choose to handle their own air travel arrangements. If the Client elects to handle their air travel booking and arrangements, Suncierge will not be responsible for any mistakes, errors or issues that arise or to provide support in the event of delays or cancellations. Suncierge will assist with transportation to and from the destination where the travel booking originates and returns upon request of Client if Suncierge was responsible for the original related transportation reservations. Suncierge will not assume any responsibility for any air and/or ground travel, plane and seating schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in amount. Client must provide accurate information to Suncierge, including, without limitation, full names, dates of birth, passport details, and valid official government-issued identification. Client must confirm the accuracy of all information provided immediately upon booking confirmation. Penalties may apply for changes after 24 hours from the time of booking. Due to enhanced security, it is strongly recommended that you check in a minimum of two hours prior to scheduled departure for domestic flights and three 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.
E-tickets typically expire one year from the date of issue (not the travel date) unless the carrier fare rules in the Client’s itinerary provide otherwise.
Prospective Clients are advised to reserve early to avoid disappointment and late booking fees. Suncierge reserves the right to charge an increased fee if Client is planning his or her travel less than 90 days prior to the departure date.
Suncierge may use wholesale suppliers who utilize negotiated contract rates with travel partners to offer best-value pricing on travel packages. Due to the negotiated rates, rewards programs may not honor or apply reward points or miles to Clients’ accounts. The Client is responsible for inquiring with their rewards account providers to confirm or obtain exceptions. Itemized pricing on trip components negotiated with suppliers is not available to Clients.
TOURS: NO REFUND FOR UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS
As Suncierge’s tour prices are based on contract rates, there will not be any refund for any unused portion of a tour. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour may be canceled. Suncierge recommends that Client procure travel insurance coverage for nonrefundable travel arrangements.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
Each Client voluntarily participates in travel activities at his/her own risk and by engaging in travel, acknowledges he or she is solely responsible for his/her own fitness for participation. Clients should consult with a qualified medical professional to discuss activity capabilities before committing to participation in activities while traveling. Clients are solely responsible for any medical costs incurred during travel.
Each Client is responsible for making absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and for making the necessary accommodations for security rules imposed by government authorities. Suncierge will not assume responsibility for the accuracy of health or vaccination requirements 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 Client’s health practitioner on a valid vaccination certificate, which the Client 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 United States State Department website, www.travel.state.gov, for relevant information relating to travel to specific destinations, and the United States Centers for Disease Control wwwnc.cdc.gov/travel/ relating to health issues. For more information about 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. Client is responsible for making Suncierge aware if he or she is or will be traveling on a non-US passport. Suncierge neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Suncierge is not responsible for lost payments made toward the contemplated trip. Please note that United States rules regarding entry and exit change on a daily basis. As discussed above, 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.
United States federal law prohibits passengers from bringing hazardous materials on an aircraft, whether in their checked baggage, carry-on belongings or on their 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 radio-active materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, passengers should contact representatives from the relevant airline listed on their itinerary. Restrictions on hazardous materials are listed www.tsa.gov/traveler-information/prohibited-items.
All passengers are referred to always 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 DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Suncierge acts solely as a travel advisor for disclosed principal suppliers, including cruise lines, 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. All bookings are accepted by Suncierge as agent for the travel suppliers on your itinerary. Each of these suppliers is an independent entity with its own management and is not subject to the control of Suncierge. Client is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased. Client consents to the use of those suppliers. The transportation, accommodations and other services provided by the identified suppliers are subject to the terms and conditions contained in the travel documentation issued by them and/or their respective suppliers, including terms and conditions set forth on their respective websites. BECAUSE SUNCIERGE ACTS AS AGENT FOR DISCLOSED PRINCIPAL OPERATORS AND SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE SUNCIERGE IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY ARISE OUT OF THESE SERVICES. SUNCIERGE 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 SUNCIERGE OR THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL 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 SUNCIERGE’S CONTROL, AND YOU HEREBY EXONERATE AND RELEASE SUNCIERGE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Suncierge makes commercially reasonable efforts to assess and evaluate its suppliers but cannot and will not be liable or responsible for their actions, inactions, errors, bankruptcy, defaults, negligence or willful misconduct. Suncierge further is not responsible for any safety issues or risk that may arise during the course of Client’s travel. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not to occur, and are clearly outside of Suncierge’s control. Suppliers and travel insurers may characterize named hurricanes, volcanic eruptions, forest fires, ash clouds, and wind as adverse weather conditions or natural disasters. Suncierge does not control the suppliers, insurers, or their characterization of weather events. For tours operated by Suncierge, Suncierge 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. Suncierge does not and will not assume any responsibility for any air and/or ground schedule changes. Suncierge receives commissions and fees for travel transactions. Client agrees and understands that recovery from Suncierge, if any, will be limited to the commissions and fees paid by Client and actually received by Suncierge.
“Force Majeure” means, in relation to Suncierge, any circumstances beyond the reasonable control of Suncierge (including, 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). Suncierge 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 HIGHLY RECOMMENDED FOR ALL NONREFUNDABLE TRAVEL COSTS. If Suncierge, 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 to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of Suncierge or the appropriate supplier. Suncierge will, however, use its reasonable efforts to cause you to be reimbursed where possible. Suncierge will be entitled to deduct from any refund payable to you the reasonable actual and potential costs to Suncierge of the Force Majeure and applicable cancellation fees. Regarding civil unrest, once Suncierge has investigated the prevailing situation, as it deems fit, it shall remain in Suncierge’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to Suncierge’s and each supplier’s terms and conditions.
SUNCIERGE OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE MAY PROTECT PASSENGERS AND THEIR INVESTMENT AGAINST ADVERSE CIRCUMSTANCES, SUCH AS THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTIONS, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION AND REPATRIATION, BAGGAGE AND PERSONAL EFFECTS/LOST LUGGAGE AND BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and Suncierge’s and travel suppliers’ cancellation penalties will apply, resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance, while not required to purchase any other product or service offered by Suncierge, is strongly recommended. Although Suncierge may inform Client generally of various travel insurance products available based on information and needs disclosed to it by Client, employees of Suncierge are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance products offered or to evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected. If Client declines travel insurance, whether in whole or in part, Client is required to sign and return to Suncierge a travel insurance waiver before making his or her final payment. If Client does not return the signed waiver and has not purchased travel insurance coverage, Suncierge will operate as if the waiver was signed and returned and the Client will be fully responsible for costs associated with any change, interruption or cancellation. If a Client needs to file an insurance claim, Suncierge will assist by providing a copy of the travel cost documentation for bookings originated by Suncierge to the Client. Filing the claim and completing the requirements from the insurer is the Client’s responsibility.
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather, political unrest, and schedule complications, at the sole discretion of the applicable supplier and subject to its terms and conditions.
Suncierge may e-mail you for marketing purposes, and you agree to receive e-mail from us. We may also e-mail you or otherwise use your information to share information with you or respond to your requests or questions. If you decide that you do not wish to receive these communications, there are clearly marked opt-out instructions at the bottom of each correspondence.
Suncierge reserves the right to use any photograph/video taken at any event or during any travel activity or shared with Suncierge by Client, without the express written permission of those included within the photograph/video. Suncierge may use the photograph/video in publications or other media material produced, used or contracted by Suncierge, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, social media, etc. Any person desiring not to have their photo taken or distributed must contact Suncierge in writing at 229 N Greene Street, Greensboro, NC, USA 27401 of his/her intention and include a photograph that plainly shows his or her appearance.
NO COPYING OR EDITING
No material from this website or posted by Suncierge on any social media site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is prohibited.
The information and images contained on this website, including downloadable files, are protected by copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced or reused for any other purpose without due acknowledgment and advance written permission of the copyright holder. The content on this website is provided for information purposes only. While every effort has been made to ensure the accuracy and completeness of this information, Suncierge makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also offers links to other Internet sites which are outside of Suncierge’s control. It is the responsibility of users to make their own decisions about the accuracy, reliability, and correctness of the information contained on these sites. Copyright 2019 All Rights Reserved, Suncierge, Inc.
Suncierge’s Terms and Conditions were updated on October 28, 2019.