Travel With Melissa L.L.C.
Agreement for Arranging Travel for Customers
1. Parties. The Parties to this Agreement are Customers listed on the Credit Card Authorization form (referenced herein as “Customer”). Travel With Melissa L.L.C., a limited liability corporation whose address is 5752 Baltic Blvd, Plano, TX 75024. Travel With Melissa L.L.C. includes its officers, employees, agents, parent, affiliates, subsidiaries, representatives and insurers, collectively referred to as “Travel With Melissa L.L.C.”.
2. Services. Customer has retained Travel With Melissa L.L.C. to make travel arrangements on Customer’s behalf. As such, Travel With Melissa L.L.C. acts solely as an independent provider to assist with arranging travel with airlines, hotels, transport companies, including but not limited to: bus, rail, and other ground or air operators, cruise lines, car rental agencies, tour operators providing any accommodations, transportation, excursions, or other services and service providers including insurance protection, collectively referred to as “Travel Suppliers.” Travel With Melissa L.L.C. is not an agent of the Customer. Notwithstanding that Travel With Melissa L.L.C. may receive commissions or other benefits from a Travel Supplier, Customer understands and agrees that Travel Suppliers are independent providers and do not act on behalf of Travel With Melissa L.L.C., are not servants, agents or employees of Travel With Melissa L.L.C., and are not in a joint venture or affiliates of Travel With Melissa L.L.C.
3. Fees and Customer Duty to Provide Information.
a. Customer agrees to pay Travel With Melissa L.L.C a Planning Fee selected in Vacation Agreement . The Planning Fee paid to Travel With Melissa L.L.C. by Customer is exclusively for the purpose of Travel With Melissa L.L.C. utilizing its experience and expertise to assist Customer in developing a travel itinerary known as the “Travel Event” subject to Customer’s approval. The Planning Fee does not include and is wholly separate from any costs, charges or fees for Travel Suppliers who are associated with the Travel Event. Travel With Melissa L.L.C. will bill Customer separately for Travel Suppliers, and the Travel Event shall not be secured until Customer makes payment for all reservations.
b. In the event that Customer elects to cancel the trip for any reason, travel requestor agrees to pay Travel With Melissa a cancellation fees equal to 15% of the total cost of services booked. Travel requestor understands that this fee is intended to compensate Travel With Melissa for it’s efforts, and thus, the Trip Cancellation Fee is in addition and separate and apart from any third-party travel supplier costs/fees/penalties.
c. Customer agrees that it is solely responsible for providing accurate information for the Travel Event. This includes but is not limited to: names, passport numbers, dates of travel, departure and arrival location, and any other any other information requested by Travel With Melissa L.L.C. Any inaccurate information Customer provides or a failure to provide information, and the consequences from doing are the sole responsibility of Customer and not the obligation or liability of Travel With Melissa L.L.C. Further, Customer agrees that any changes to the Travel Event that are required as a result of Customer’s providing inaccurate information to Travel With Melissa L.L.C. that result in additional fees, penalties or cancellation of any part or all of the Travel Event by any Travel Suppliers are the sole responsibility of Customer. Customer releases Travel With Melissa L.L.C from liability for any such fees or penalties.
d. Travel With Melissa L.L.C. does not and cannot guarantee the quality or timing of the Travel Event, including but not limited to delays or cancellation of such Travel Event in whole or part.
Customer has or will receive a summary of charges for the Travel Event and agrees the obligation of Travel With Melissa L.L.C. is limited to remitting such charges to the Travel Suppliers identified in the itinerary or to a third party that shall make such remittance. Upon remittance of fees to the Travel Suppliers in accordance with the itinerary and persons listed in the Travel Event, Customer agrees that Travel With Melissa L.L.C. has met all of its obligations under this Agreement. As a precondition to this obligation, Customer agrees to make payment to Travel With Melissa L.L.C. on or before the stated deadline dates for payment.
In the event Customer cancels travel that has entered the booking stage, where services have been reserved with any third-party supplier, Customer agrees to pay a cancellation fee to Travel With Melissa L.L.C. Customer understands that this fee is intended to compensation Travel with Melissa L.L.C. for services rendered to Customer and thus, this cancellation fee is in addition to and separate from any third-party supplier costs/fees/penalties.
4. Waiver of Liability/Indemnification: Customer hereby agrees that he/she is voluntarily participating in the travel services that Travel With Melissa L.L.C. has reserved on behalf of Customer. Customer and those that are listed as travelers in the Travel Event assume the risk of all inherent dangers, whether known or unknown, in any way connected with the travel services and Travel Event, including those provided by Travel Suppliers. Customer waives any and all specific notice of such conditions or any obligation to be warned of the same.
Customer agrees that Travel With Melissa L.L.C. shall not be liable at all for any property damage or bodily/personal injury, including death, damages for loss of use and/or income, overhead, or loss of profits, and any other expense or damage (collectively, “Damages”) incurred by Customer or those travelers listed in connection with the Travel Event. This includes, but is not limited to, Damages resulting directly or indirectly from the (i) acts or omissions of the Travel Suppliers, including but not limited to, delays or cancellation of services, cessation of operations, breakdown in machinery or equipment, or changes in fare, itineraries or schedules, and/or (ii) acts of God, fire, acts of government or other authorities, wars, acts of terrorism, civil unrest, strikes, riots, thefts, epidemics, pandemics, quarantines, other disease, climatic aberrations, dangers incident to the Travel Event activities or other sources, or from any other cause.
Customer further agrees to release and waive any claims or causes of action against Travel With Melissa L.L.C that may arise out of or be incurred in connection with the Travel Event or other travel services, or by and through any Travel Supplier, including those outlined in this Agreement. If Customer or a person who is included as a traveler in the Travel Event pursues any claim or cause of action against Travel With Melissa L.L.C, for any reason other than to remit the fees to the Travel Suppliers as referenced above, Customer agrees to pay all attorney fees, expenses, and damages incurred by Travel With Melissa L.L.C in defending such claims or causes of action.
5. Venue/Laws of State of Texas. Each party agrees that any claims or causes of action arising under this Agreement shall be exclusively instituted and maintained in Collin County, Texas. The parties further agree that the laws of the State of Texas shall govern this Agreement.
6. Authority to Sign and Bind. By my acceptance via email to begin services, I, the Customer, acknowledge that I have read, understood and agree to the terms and conditions of this Agreement, and I am binding myself, my heirs, beneficiaries, successor and assigns, to the terms of this Agreement if any should make any claims on my behalf. Further, if Customer is acting on behalf of an entity, Customer represents it is authorized to bind that entity to this Agreement.