MON VOYAGE LLC TERMS & CONDITIONS
LIMITATION OF LIABILITY AND DAMAGES; ACTS AND OMISSIONS OF SUPPLIERS Mon Voyage offers consultation, bookings, and tours which include travel related products on behalf of numerous activity, tour, transport, and accommodation service providers, including, but not limited to airlines, coach, rail, cruise line operators, restaurants, tour guides, driving services, hotels, and entertainment providers. Mon Voyage does not own, operate, manage or control these independent suppliers of services and is not liable for their acts or omissions. Mon Voyage's obligations to you are to advise you on travel; to make travel bookings on your behalf, with your consent or implied consent; to escort you on a Mon Voyage Group tour (if applicable); and to arrange relevant contracts or services between you or Mon Voyage and these travel service providers.
Because Mon Voyage acts as agent for suppliers and does not have the right to control the operations of such independent operators and suppliers, you agree that Mon Voyage is not liable for any personal injury or property damage which may arise out of these services. Mon Voyage 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 direct damages in connection with the goods or services provided by any supplier booked through Mon Voyage, 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, subcontractors, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services, fuel increases, or other matters outside of Mon Voyage’s control, and you hereby exonerate Mon Voyage from any liability with respect to the same.
You also agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of the actions or omissions of any minors traveling with you and/or traveling companions on whose behalf you are signing this agreement.
RISKS/SAFETYTravel to certain destinations may involve greater risk than others. It is your responsibility to become informed about the most current travel advisories and warnings. Mon Voyage urges customers to remain informed on a frequent basis as to current news events, as well as 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 health or safety 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 advice or bookings for travel to particular destinations, Mon Voyage does not represent or warrant that travel to such points is advisable or without risk, and shall not be liable for costs, damages, or loss that may result from travel to such destinations. Customer’s participation or booking in any destination constitutes acceptance of such events at customer’s risk.
Your decision not to participate on a trip or tour due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation and refund will consist only of recoverable costs. If a flight or other delay for any reason prevents you from joining the tour on the tour departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future tour, but you may join the tour late if you wish, at your expense.
If you participate in activities during your tour, risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our agents, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your tour or participation in any activities in which you participate.
You understand that HVAC standards, health care standards, facilities and services abroad may be different. In some cases, they may be considered inadequate (by US standards) for treating health conditions. You are responsible for informing yourself of and acquiring any vaccinations required for entry into foreign countries and/or documentation thereof.
ACTIVITIES, MEDICAL CONDITIONS, AND SPECIAL ASSISTANCEYou understand and agree that Mon Voyage has made reasonable efforts to provide low-risk activities, but shall not be required to make any effort or take any action to protect you from any risk. Some tours incorporate active elements; you are responsible for familiarizing yourself with the level of activity involved in your tour. You must disclose any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the tour or for which you may require medical attention or special accommodation during the tour. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance. We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers.
EMERGENCIES You assume any risk of illness, harm or injury which might occur to you due to their participation in the Mon Voyage trip. You further provide consent for Mon Voyage to seek emergency treatment for you if necessary. You agree to accept all financial responsibility for the costs related to this emergency treatment. This includes any minors in the care of the undersigned.
TRAVEL DOCUMENTSIt is your responsibility to obtain and present any and all forms of government-issued identification, travel documentation, and visas that may be required for domestic or international travel. Many countries require visa applications several months in advance of a trip and fees are required. Your passport should be valid for at least six months beyond the last date of your trip.
REFUSAL OF SERVICEService providers reserve the right to refuse service to travelers at their sole discretion and including without limitation if the traveler; (i) Lacks proper documentation for the country of destination; (ii) Has a contagious disease; (iii) Is under the influence of alcohol, drugs or narcotics; and/or (iv) Manifests disruptive and/or unruly behavior. Mon Voyage assumes no liability for the acts of the service provider in refusing service, whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time.
FORCE MAJEURE“Force Majeure” means, in relation to Mon Voyage, any circumstances beyond the reasonable control of Mon Voyage, (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, pandemic, quarantine, government intervention, unforeseen government decrees or emergency regulations, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). Mon Voyage 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.
If Mon Voyage, 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 Mon Voyage to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Mon Voyage shall use its reasonable efforts to reimburse you where possible. However, Mon Voyage shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Mon Voyage of the Force Majeure and applicable cancellation fees.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITYWe reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. Mon Voyage reserves the right to increase tour prices in the event of currency fluctuation, an increase in government and airport authority imposed taxes and fees, fuel and currency surcharges, supplier price increases, or any other cost increase.
LIABILITY REGARDING PERSONAL INFORMATIONYou authorize release of personal information and credit card details to third parties as needed to complete bookings. Mon Voyage is not liable for third party handling of personal info.
BAGGAGEMon Voyage is not liable for any damage to or loss of luggage or contents, nor any personal items carried with or by the participant. All baggage is carried at the participant’s risk. Travel insurance can help cover the cost of baggage losses or delays.
FEES, PAYMENTS, AND CANCELLATIONSFor FIT (private) travel, Mon Voyage charges an hourly rate or per-travel-day fee for all research, consultation, communication, booking, or any other work done on behalf of a client. Mon Voyage currently bills clients at an hourly rate of $50 for trips initiated at least 120 days in advance. "Skip the line" planning is subject to higher rates: $60/hr for trips initiated 90 to 119 days in advance; $75/hr for trips initiated 60 to 89 days in advance; $100/hr for trips initiated less than 60 days in advance. For peak holiday periods or special events (such as Easter, Thanksgiving, Christmas, New Year, Mardi Gras/Carnival, or any other peak demand event in any destination), fees are $100/hr for any trip initiated fewer than 90 days before travel date. A deposit toward eventual fees may be required. For group tours, these planning fees are part of the package price. If additional services are required beyond a group package (e.g. extra tours, extra transportation, or additional days), planning fees may be added to the final trip payment. Client agrees that s/he has been notified of applicable per-travel-day fees and/or hourly rates. For both group trips and FIT (private) invoices, Mon Voyage accepts cash, checks, or bank-to-bank transfers via PayPal (no credit cards). For FIT bookings, credit card details are collected only to guarantee third party bookings or pay those suppliers as required. Credit card fees may apply.
Unless otherwise defined during the reservation process, final payment is due prior to departure; for group tours the payment schedule is outlined in the prospectus. If any installment payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. All cancellation requests must be sent to Mon Voyage in writing. Cancellation penalties are advised at time of booking, verbally, in email, or in a prospectus. All cancellation fees will be due immediately via PayPal, or deducted from the supplier’s refund if it can be obtained by Mon Voyage.
Please be aware that most travel bookings are non-refundable and cancelled bookings may incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Unless otherwise specified, there is NO REFUND once a booking is made and is partially or fully paid for (from initial deposit up to and including final payment). In addition, 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.
In the event of cancellation, interruption, non-performance, force majeure, or any other cause, Mon Voyage is not liable for refunding any payments that have already been forwarded to and/or retained by third party suppliers. Deposits are not refundable unless recoverable from suppliers and any Mon Voyage administrative costs will be deducted. Mon Voyage will do its best to recoup client funds from third party suppliers, but all bookings are subject to those third party policies and any local government edicts that may affect them. INSURANCE Trip insurance is strongly recommended. Mon Voyage is not an insurance agency and is not able to answer technical questions about benefits, exclusions, and conditions of any trip insurance, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. We do recommend trip insurance in principle, but can only refer you to reputable providers if requested. Please discuss details of coverage with your selected insurance company.
ELECTRONIC OR HANDWRITTEN SIGNATUREBoth parties agree that you may acknowledge and agree to these Terms: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic means, including, without limitation, acknowledgement via email acceptance of these Terms; or (iv) by your implied consent deemed via your actions which shall include without limitation the payment of the invoice and/or your use of the services provided by Mon Voyage or any other travel supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this Agreement.
DISPUTESThese Terms, Conditions, and Release of Liability shall be construed and enforced in accordance with the laws of the State of Texas, and any dispute arising in connection herewith shall be subject to the exclusive jurisdiction and venue of the State and Federal courts located in Dallas County, Texas. Any dispute shall be first addressed via mediation in Dallas County, Texas. REFUSAL OF SERVICE If any client behaves in a manner which is unacceptable or offensive to Mon Voyage, we may withdraw or cancel any services being provided. Payment for time and services rendered is still required. Additionally, once a client cancels participation in three or more Mon Voyage Small Group Trips, any future bookings for Mon Voyage Small Group Trips may be declined. ADDITIONAL TERMS AND CONDITIONS FOR MON VOYAGE SMALL GROUP TOURS: 1. CONDUCT DURING THE TRIP OR TOURYou are responsible for respecting the authority and following the directions of the tour guide and the laws of the countries in your Itinerary during a tour. We may exclude you from participating in all or any part of the tour if, in our sole discretion, your condition or behavior renders you unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, injury or any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of tour services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the tour. You agree that you are in good physical health and will take appropriate measures to ensure health during trip activities; conduct yourself carefully while walking or using public transportation; take appropriate precautions to avoid illness (including food-borne illness) or injury; and use available safety restraints inside any vehicle. You must obey any and all local safety and civic regulations including, but not limited to, seat belt laws, trespassing, littering, and smoking. You agree to be held financially responsible for damages to tour provider and hotel property, rental car, public property, and/or personal property as well as injury of other participants during the trip, if those damages or injury occur as a result of the your own actions.
2. SUBSTITUTIONS OR DELAYSWe will make reasonable efforts to keep the Itinerary as published; however, final Itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute similar services such as hotels or activities as stated in the Itinerary. If due to weather, tight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers and meal costs. If you miss the start of the tour, you may join late at your expense. Mon Voyage can assist with making these arrangements.
3. PRICING, INCLUSIONS, AND EXCLUSIONS Quoted tour prices are per person, double occupancy except where indicated. Single supplements will apply for anyone not sharing double occupancy accommodations. Prices include programming, planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase tour prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a tour or its parts, other than optional activities or trip extensions which are offered at an additional cost. Please refer to prospectus for specific tour inclusions.
Quoted tour prices exclude: trip insurance (highly recommended); transportation between points on the tour unless specified in the prospectus; international airfare, including airfare and other transportation to and from the tour (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); baggage charges; gratuities to the tour directors, drivers and guides (on group tours a gratuity package can be added); meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).
As group tour prices are based on contract rates, there will not be any refund for any unused portion of a tour. Should you decide for any reason not to participate in certain parts of the tour or use certain goods included in the tour, no refunds will be made for those unused parts of the tour or goods. 4. MINIMUMS AND CANCELLATIONS 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 by Mon Voyage. If all participants are willing to bear the increased costs associated with a reduction of participants below the minimum stated number, it may be possible for the tour to be held as planned. If a tour must be interrupted or canceled for any reason, our liability shall be strictly limited to refund of recoverable costs. Again, travel insurance is strongly advised. 5. MARKETING Participant agrees that photographic images of him/herself taken during Mon Voyage Small Group Trips may be used for marketing purposes. No personally identifying information will be used. COVID-19 WAIVER (applies to all clients, both FIT and groups) 1. Health and Other Hazards: 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 assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. 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, click on "Find International travel Information” then click on "Country Information", and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.
2. Vaccination Requirements and Other Rules: We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, 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 website of each supplier, and keep checking because these rules are constantly changing, and we are not responsible for those changes.
3. Financial Condition of Travel Suppliers: We are not responsible for the acts or omissions of travel suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the suppliers, and we have no liability for recommending a trip credit in lieu of a refund.
4. Rebooking: If requested, we will assist with obtaining any refunds, if available, or rebooking trips using future credits, but we will charge our standard hourly fee for such services. Mon Voyage can never guarantee any refund or future travel credit but will attempt to recover funds for clients if possible.
5. 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. 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. 6. Groups: Clients should always travel with several antigen self-test kits. Clients must behave responsibly and test if they display any symptoms; if there is a known exposure, all group members must test according to CDC recommendations and timeline. If a group participant tests positive for Covid-19, that client will be immediately separated from the group and may not rejoin the tour again until after any legally required isolation period is complete; a negative test result must be provided and symptoms must be resolved. If the client has been required to isolate in one location and the tour has reached another destination, client is responsible for the costs of traveling to rejoin the tour. 7. Quarantine extension: Mon Voyage is not a medical provider. Mon Voyage will provide information to clients on managing their extensions as well as links which detail local regulations pertaining to Covid isolation. We will assist with booking suitable accommodations for quarantine extensions but all payment for such accommodations is the responsiblity of the client. Mon Voyage will assist with transportation arrangements to the isolation location. We may also advise on return flights, but usually these booking changes are best handled directly by the client with the airline. Mon Voyage will provide a letter stating what portion of a trip was unused and what amount is nonrefundable, but clients are responsible for their own insurance claims. All assistance will be billed at standard hourly rates.
8. RELEASE: YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN PARAGRAPHS 1-3 ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
9. Claims Deadline and Exclusive Jurisdiction: 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 courts in [county name, state name] will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
Mon Voyage LLC • 4212 Delmar Ave • Dallas TX 75206