Terms & Conditions
Your Agreement with Travels by Niki, LLC
Travels by Niki, LLC (collectively “we” or “us”) provides full-service travel planning and design services to enhance relationships through shared vacation experiences. We plan custom curated accommodations, arrangements, and itineraries while working in tandem with you and various suppliers. As such, before we make or finalize arrangements for your trip, we require that you sign below or click “I Agree” on our website. Your signature or click will signify your consent to be bound to the following terms and conditions on behalf of yourself and all members of your traveling party. If you don’t agree to these terms and conditions, do not use our travel services. In the event that you are booking a vacation experience for other passengers, you are responsible for sharing these Terms & Conditions with all passengers.
1. Our Roles as Your Travel Agent: We act as a travel agent only. We sell travel-related products from suppliers and service providers including, but not limited to, hotels, resorts, cruise line operators, airlines, car/bus transport, and various other services. We are obligated to arrange contracts between you, the travel suppliers, and service providers (collectively “Suppliers”) and to confirm travel bookings on your behalf. We do not own, operate, manage, or have any control over the independent Suppliers that we utilize in planning your vacation. We have no responsibility for the performance of these services, nor do we have the authority to warrant or make representations regarding any Supplier. Specific requests that we submit on your behalf are not guaranteed.
2. Suppliers: Travels by Niki, LLC. does not own, operate or act as an agent, for any airline, hotel, car rental company, tour operator, cruise line, or other service provider named in your itinerary or confirmation. All Suppliers (and persons or entities within their purview or control) are in no way affiliated with Travels by Niki LLC. We are not responsible for the acts or omissions of the Suppliers. We do our best to make sure your travel Suppliers are satisfactory; however, we are not responsible for their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. If a Supplier defaults prior to providing the service to you for which payment has been made, the sole recourse for refund shall be with the defaulting Supplier, from insurance covering such defaults if any, or from another responsible third party. We have no special knowledge regarding the financial condition of the Suppliers and no liability for recommending a trip credit in lieu of a refund. You agree and accept the terms and conditions for any and all Suppliers that are or will be booked for your travel.
3. Booking Process: To start a booking, you need to: (1) agree with these terms and conditions; (2) pay the trip deposit and our professional service fees (where applicable); and (3) complete the credit card authorization form, if using a credit card for payment. We accept all major credit or debit cards with a verifiable billing address. You hereby authorize us to process the charge to the credit or debit card you provide to us for the total amount of your booking with each Supplier (including any and all amounts owing, fees and taxes) and our professional service fee/s.
4. Payments and Cancellation: To protect our customers, we verify with the credit/debit card company that the billing address and credit card verification number you provided to us is accurate and that your debit/charge will be accepted. Until such information is verified, the fare is subject to change. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company or a travel provider or if, for any reason, the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner, nor are we responsible for any changes in fare or any other charges that may occur during our verification process. In the event the fare selected is not available, an approval code may issue on your credit card. If the transaction is not completed the approval code may temporarily debit the amount from your bank account.
The terms of your booking (such as price, availability and/or dates of travel) are not guaranteed until the ticket or confirmation number is issued. Please note that once you have completed the booking, you can only cancel or change the details (such as names or destinations) of your booking at our sole discretion and in accordance with these and the Supplier’s Terms & Conditions. Travel arrangements involving airline and cruise components are subject to Suppliers’ supplemental price increases that may be imposed by the Supplier and/or government, even after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them.. Failure to provide a proper form of payment for any subsequent payments per a Supplier’s terms and conditions, may result in cancellation of all or part of your travel accommodations and services. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms.
5. Our Professional Service Fees: In addition to each Supplier’s cost and fees, our agency charges professional fees. See below for details. All our fees are non-refundable.
Personalized Design Fee: These vary based on the client’s trip needs and wants. This fee will be written in an email, invoiced, and paid before any planning begins. Time spent researching, pricing, preparing itinerary, and providing on-site support before, during, and after travel. This fee also covers:
marginal edits and revisions to the Travel Quotes which are requested after the Initial Consultation, but prior to the Initial Deposit due date;
prompt service and availability
use of a personalized client portal with e-docs and/or hardcopy travel/voucher documents; and
individually catered recommendations and in-destination support.
Change Fees: Any request to change the itinerary after the initial deposit is made will incur a $25 fee per change that must be paid prior to the change taking place.
Cancellation Fees: $100 per passenger if no Design Fee was charged. Canceled reservations that receive a Future Travel Credit and that are not rebooked for the same trip are subject to an additional planning fee.
All Trips that are not booked within forty-five days of the date the invoice is paid are subject to an additional planning fee.
6. Credit Card Rights: 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 Supplier. If the Supplier does not provide the services, your only recourse would be against the Supplier, and you agree not to initiate a chargeback against us.
7. Travel Document Review: You have an obligation to review any issued tickets and confirmations and inform us immediately of any errors. Suppliers may have penalties for modifications or refunds. We do not have control over printed prices on the tickets, although some tickets may have BT (Bulk fare) printed on them, and some may have a specific value on them, which may be different (lower or higher) than the fare collected.
8. Risks Related to COVID-19: You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as health affidavit forms, health screenings prior to departure or upon arrival, face coverings, exclusions, closures, or quarantines. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the supplier’s home page.
9. Other Risks of Travel and Liability Release: We are not responsible for any injury, death, postponement, delay, or damage to person or property in connection with your travel accommodations or arrangements We assume no responsibility for and shall not be liable for the acts or omissions of any party not under our control, or any acts of God or force majeure, unsafe conditions, disease, acts of war or civil unrest, criminal or terrorist activities of any kind, strikes or labor activities, health hazards including pandemics, illnesses, weather hazards, overbooking or downgrading of accommodations, mechanical or other failure of any means of transportation, or the suitability for a disabled person of any portion of any trip. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel.
We do not warrant facilities and their accommodations, particularly foreign facilities and their use of air conditioning systems, or foreign hotels and methods or transport. It is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks. Any additional expenses incurred as a result of any of the above are your responsibility. You expressly assume all risks and dangers associated with your travel and you hereby release, discharge and hold us, and our agents and subcontractors harmless against any and all liability, actions, causes of actions, claims and demands of any kind whatsoever which you now have or which may arise out of or in connection with any of these risks or dangers. Under circumstances where liability cannot be excluded, such liability Is limited to the value of the commissions earned and/or planning fees actually received from your travel arrangements. You specifically agree that we are not liable for any consequential loss or damage.
10. Travel Insurance: For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. Please note that, unless you buy a cancel for-any-reason policy, most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. We are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of your existing insurance coverage. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy. Any insurance claims that may fall under a purchased insurance policy must be submitted to the insurance company identified in the policy directly by you.
11. Hazardous Materials: Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s 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. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) 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, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
12. Insecticide Notice: We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
13. Health Immunizations: You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. We shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
14. Air Travel, Schedule Reconfirmation & Check-in: We shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. 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.
By checking in for a flight, tour or cruise, you may be agreeing to additional terms and conditions imposed by the Supplier. If you have authorized us to check you in for any component of your trip, that you take full responsibility for agreeing to and complying with the Supplier’s terms and conditions of check-in.
15. REAL ID: Beginning May 3, 2023, if you plan to use your state-issued ID or license to fly within the U.S., it is your responsibility to make sure it is REAL ID compliant. If you are not sure if your ID Complies, please check with your local state department of motor vehicles, or visit http://www.tsa.gov/real-id.
16. Passport & Foreign Travel: It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. If traveling internationally, you must have a valid passport and, depending upon the destination and nationality, you may need to obtain one or more visas, even for countries that you transit for a flight change. The name, date of birth and gender that appears on the identification card must exactly match the airline ticket(s) and booking records. We strongly recommend 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. 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 you 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. Each foreign 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. We feel it is an invasion of privacy for any member of our staff to make such an inquiry.
17. Electronic or Handwritten Signature: Both parties agree that you may accept and agree to these terms electronically, by handwritten signature, via email acceptance of these terms or by your implied consent deemed by your actions, which shall include, without limitation, the payment of any invoice or transfer of credit card information for payment. All such means constitute effective acknowledgement and execution of these Terms and Conditions, as fully constituted, and shall be sufficient to bind the parties to the terms herein.
18. Limitations and Governing Law: 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. You agree that the construction, validity, and performance of these Terms and any disputes between the parties shall be governed and construed according to the laws of the State of Florida without giving effect to its conflict of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of Miami Dade County, Florida with respect to any legal proceedings relating to these Terms and Conditions.
19. Entire Agreement: This Agreement constitutes the entire agreement and there are no oral or other representations regarding the subject of this Agreement that are binding. All changes to this Agreement must by in writing, signed by both parties. It is understood and agreed that e-mail correspondence shall not constitute “a writing” unless explicitly agreed to.
20. Severability: The terms of this Agreement are severable such that if any term or provision is declared to be illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable.
Travels by Niki, LLC is registered with the State or Florida as a Seller of Travel License #: TI86721