Last Updated: December 5, 2025
CONSENT TO TERMS AND CONDITIONS.
Rachel Dicker Travel (“we”, “us” and “our” and “Rachel Dicker Travel”) is an independent affiliate of Travel Experts, Inc. We specialize in luxury travel and extraordinary experiences by crafting each itinerary using a collaborative planning process.
PLEASE READ THE TERMS AND CONDITONS BEFORE USING THIS WEBSITE. If you do not accept all of these terms, then please do not use our services or our websites. These Terms and Conditions govern the relationship between Rachel Dicker Travel and you, the Client. These terms restrict your rights and remedies and provide protection to Rachel Dicker Travel, including warranty disclaimers and liability exclusions. By using Rachel Dicker Travel’s services and this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or Rachel Dicker Travel/ So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website or our services.
We draw your attention to the terms and conditions of travel below. These terms and conditions including all brochures, services agreements, documents, correspondence, as well as the terms and conditions of the suppliers (collectively, “Terms and Conditions”), which form the basis of this legally binding contract with you. Before making a booking with us you must confirm that you have read and understand these Terms and Conditions. If you have questions, please raise those with us prior to accepting these Terms and Conditions. Please be aware that these Terms and Conditions contain waivers of liability, waiver of class action, and venue selection and notice clauses. By asking us to confirm your booking or otherwise utilizing our services in connection with your travel, you accept all of the Terms and Conditions laid out herein and acknowledge that you have read the terms of this agreement and that you agree with them. If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.
If you are making a booking as a family, couple, or are the lead guest of a part of a group, you are responsible for sharing these Terms and Conditions with all travelers joining you. You are also financially responsible for the booking. We will not be liable if you fail to inform and share these Terms and Conditions with all travelers in your family or group.
You represent and warrant that:
a) you are of sufficient age to use our services and website,
b) you can create binding legal obligations in connection with your use,
c) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and
d) the information supplied by you or members of your group is true and correct.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
You acknowledge and agree that we may change our terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel. We will notify you of any material changes that we make that may impact your booking(s) with us. Your continued use of our website and/or services after such notification will constitute your acceptance of such changes and agreement to be bound by the same.
SCOPE OF OUR SERVICES.
As travelers, you agree that Racher Dicker Travel does not provide, own, manage, operate, supervise, or control the travel services and products that are or may be provided at part of your travel plans, such as, without limitation, flights, accommodations, cruises, tours and excursions, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties, such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Supplier(s)”). The Suppliers are solely responsible for the Travel Products, which include, without limitation, any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, loyalty points, spa credits, in-room amenities, etc. The Supplier’s terms, conditions, and privacy policies apply to your booking so by booking with us you agree to and understand all Supplier’s terms and conditions and privacy policies. Your interaction with any Supplier is at your own risk; Rachel Dicker Travel does not bear any responsibility should anything go wrong with your booking or during your travel. As the traveler you agree that Rachel Dicker Travel acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges, or services for the traveler’s benefit, and on the express condition that Rachel Dicker Travel shall not be responsible for any act, omission, negligence, bankruptcy, insolvency, or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith. Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly, as we will not be responsible for any errors or for your unawareness of a Supplier’s terms. AS THE TRAVELER, YOU AGREE THAT RACHEL DICKER TRAVEL ACTS ONLY AS AGENT FOR YOU IN ACQUIRING TRANSPORTATION, HOTEL ACCOMMODATIONS, CRUISES, SIGHTSEEING AND OTHER TRAVEL PRODUCTS, PRIVILEGES OR SERVICES FOR THE TRAVELER’S BENEFIT, AND ON THE EXPRESS CONDITION THAT RACHEL DICKER TRAVEL SHALL NOT BE RESPONSIBLE FOR ANY ACT, OMISSION, NEGLIGENCE, BANKRUPTCY, INSOLVENCY OR DEFAULT OF ANY SUPPLIER, COMPANY OR PERSON ENGAGED IN OR RESPONSIBLE FOR ANY TRAVEL PRODUCTS, OR OTHERWISE IN CONNECTION THEREWITH. TRAVELER FURTHER AGREES THAT RACHEL DICKER TRAVEL SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH RACHEL DICKER TRAVEL. RACHEL DICKER TRAVEL SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE, OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS.
PAYMENTS AND TRAVELER CANCELLATION.
Final payment is due 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. Sometimes, payment is due in full at time of booking. If full payment is not received by the specified due date, we reserve the right to cancel your travel arrangements. Failure to make payment may result in cancellation of your travel plans in full. This constitutes cancellation by you, subject to our cancellation terms and the Supplier cancellation fees. The final amount owed is subject to change until your travel plans are paid in full.
Discounted or promotional fares typically involve restrictions; changing arrangements may incur additional costs. Be mindful of Supplier policies regarding changes or cancellations, as fees may apply. Some packages include travel protection options; others require separate insurance quotes. We will work to get a travel protection insurance quote to you following initial deposit. We highly encourage travel protection insurance and will provide options immediately upon booking. If final and full payment is not received by the Supplier’s due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, no refund shall be offered.
Cancellation policies and penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact Rachel Dicker Travel. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the Supplier’s refund. Because we and our Suppliers strictly adhere to our cancellation terms, we strongly recommend the purchase of a Travel Protection Insurance.
CURRENCY FLUCTUATIONS & FOREIGN TRANSACTION FEES.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred. Certain credit card companies charge foreign transaction fees for international charges. Our pricing does not include the foreign transaction fees, or any international fees that your banking institution or credit card company may charge you for using your bank or credit card for any payment. You agree to pay any and all fees associated with the use of your bank or credit card and indemnify Rachel Dicker Travel from any such fees.
CREDIT CARD BOOKINGS.
While most Suppliers we work with do accept most credit cards, travelers must provide us with a clickwrap (checkbox) acknowledgment or signed authorization for every transaction for your travel. Your authorization is an agreement for us to provide your card information to the authorized Supplier(s) to charge your card and your acknowledgement and agreement to these Terms and Conditions, without limitation the cancellation and chargeback terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Rachel Dicker Travel retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud).
• Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Rachel Dicker Travel or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy; or
• Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.
CHANGES AND CANCELLATION BY A SUPPLIER.
We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability, obligation, or responsibility to you.
If between planning time and/or during actual travel, circumstances require changes, including but not limited to severe weather conditions, government, or political disruptions. Rachel Dicker Travel and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to hotels and accommodations of comparable quality, air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip.
During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Suppliers seeking to reduce inconvenience to clients. Such changes are deemed not to be a major change, and no compensation will be payable to you. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances, please check with the respective national tourist office before selecting a specific departure date.
TRAVEL PROTECTION INSURANCE.
It is the traveler’s responsibility to protect their purchases, but travel insurance is not included in the cost of your trip. For this reason, travel protection insurance coverage is strongly recommended. Such plans should cover trip cancellation or interruption, medical expense, emergency evacuation/repatriation, and baggage insurance. Travel protection plans can help protect you in the event of loss of non-refundable deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel protection plans including “cancel for any reason” coverage should be purchased in close conjunction with your travel purchase, as there are limitations in the type of coverage you can obtain depending on the date of your initial deposit.
Rachel Dicker Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Rachel Dicker Travel cannot evaluate the adequacy of the prospective insured’s existing insurance coverage and cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy it may offer or quote. If you have questions about your travel protection options, call your insurer or insurance agent or broker.
If you decline travel protection insurance, we kindly ask that you contact us within fourteen (14) days of your initial travel booking deposit to inform us of your decision to decline travel protection insurance. If you decline travel protection insurance, you understand that travel protection insurance is NOT included in your booking, and you fully understand our cancellation policies, the Supplier cancellation policies, and all possible losses that can occur without adequate protection. If you do not acknowledge and accept travel insurance protection we offer to you before final payment, we will assume that you are waiving and declining travel protection insurance or have obtained travel protection separately.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Rachel Dicker Travel cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising.
TRAVELER DOCUMENTATION & EXIT/ENTRY 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. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA 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 in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass through TSA security checkpoints—even for domestic travel. Starting February 1, 2026, travelers presenting a driver’s license as a form of identification but not in compliance with the REAL ID ACT may pay $45 to TSA for use of confirm.id for a 10-day travel period. Rachel Dicker Travel shall not be liable for any fees accessed by TSA for any traveler. Visas are required when they apply. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Rachel Dicker Travel strongly recommends that you consider that certain countries will not admit a traveler if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA 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. Please visit http://www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.
Obtaining and carrying these documents is your sole responsibility. Rachel Dicker Travel bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
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 or seek legal counsel to confirm your ability to travel to your desired destination prior to booking with us. (See: https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html) Rachel Dicker Travel neither controls nor warrants the issuance of visas related to applicable travel. It is your responsibility to verify that all the visas required for your trip have been obtained, that the visas for each country are valid for the entry and exit dates of your visit, that your personal details are accurately reflected and that your passport is valid for at least six months beyond the completion date of your trip. Please note that even when a visa is issued, you may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). If you are denied access to a country or a Supplier due to a conviction, lack of a valid visa, or simply because the local immigration official prevents you from entering, Rachel Dicker Travel shall not be liable for any losses, expenses, or refunds to you or anyone in your group . We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html)
Each Client is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Rachel Dicker Travel shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing 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 US State Department Website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the US Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues.
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 traveler to miss flight(s), and subsequent scheduled travel booking. Rachel Dicker Travel bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION.
UNLESS STATED OTHERWISE IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS.
For most travel planned by Rachel Dicker Travel, the Client is responsible to make appropriate air arrangements, as well as arranging transportation to and from the destination where the travel booking originates and returns. Rachel Dicker Travel shall not assume any responsibility for any air and/or ground schedule changes and their impacts on your travel arrangements with Rachel Dicker Travel. Your contract for airfare is with the air carrier, charterer, or other operator or owner of the aircraft, and is always subject to its terms and conditions. We will not be liable for any fees or expenses, including without limitation, change fees, baggage fees, seat assignment fees, cancellation fees, or any other additional costs you incur with the air Supplier. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of two (2) hours prior to scheduled departure for domestic flights and three (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. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
INSECTICIDE NOTICE.
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.
HAZARDOUS MATERIALS.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your 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 radioactive materials. Examples include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
NO REFUND FOR UNUSED ARRANGEMENTS.
As Rachel Dicker Travel’s prices are often based on contract rates, there will not be any refund for any unused portion of a travel booking. 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 cancelled. Your travel protection may cover the unused portion of your trip.
ALTERATIONS TO CONFIRMED BOOKINGS.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you at our applicable administrative charge, depending upon circumstances of the request.
RISKS/SAFETY.
Traveler is aware that travel to such area as traveler is undertaking on any travel arrangements may involve inherent risks, some in remote areas of the world. Inherent risks include, but a,re not limited to, risk of injury or death from: motor and conveyance vehicle collisions, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Rachel Dicker Travel and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, diseases, viruses, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Travel to certain destinations may involve greater risk than others. Rachel Dicker Travel urges clients to remain informed on a daily basis as to current news, 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 risk associated with travel to particular international destinations can be found at https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html, and http://www.cdc.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://travel.state.gov/en/international-travel/travel-advisories/smart-traveler-enrollment-program.html. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as medical testing and tracking.
RACHEL DICKER TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATIONS IS WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS, PARTICULARLY TO DESTINATIONS FOR WHICH A WARNING OR ADVISORY HAS BEEN ISSUED. CLIENT’S PARTICIPATION CONSITUTES ACCEPTANCE OF SUCH RISKS.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by Rachel Dicker Travel, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF RACHEL DICKER TRAVEL AND ITS REPRESENTATIVES AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE RACHEL DICKER TRAVEL, AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH ANY TRAVEL PRODUCTS AND SERVICES, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF RACHEL DICKER TRAVEL AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE RACHEL DICKER TRAVEL AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING RACHEL DICKER TRAVEL AND/OR ITS REPRESENTATIVES. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS ASSUMPTION OF RISK/WAIVER PARAGRAPH SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.
NON-RESPONSIBILITY.
Rachel Dicker Travel and its owner(s), managers, members, officers, employees, affiliates, agents, independent contractors, and representatives (“Representatives”) use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Rachel Dicker Travel and its Representatives are considered independent contractors and are not representatives of any of these Suppliers. Rachel Dicker Travel and its Representatives do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not representatives of Rachel Dicker Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Rachel Dicker Travel, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Rachel Dicker Travel and/or its Representatives in the event any third-party providers or healthcare professionals seek to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Rachel Dicker Travel and its Representatives assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Rachel Dicker Travel and its Representatives assume no responsibility or liability for personal property; and Rachel Dicker Travel and its Representatives shall be entirely relieved of any liability, responsibility or obligations under these Terms and Conditions in the event of any force majeure. Rachel Dicker Travel and its Representatives accept no responsibility for lost or stolen items. Rachel Dicker Travel and its Representatives reserve the right to refuse any traveler or potential traveler at its sole discretion. TRAVELER UNDERSTANDS AND AGREES THAT RACHEL DICKER TRAVEL SHALL ONLY BE SUBJECT TO LIMITED RECOVERY IN THE AMOUNT OF COMMISSIONS AND/OR FEES RACHEL DICKER TRAVEL EARNED AND RECEIVED FROM TRAVELER’S BOOKING AND NOTHING MORE
ASSUMPTION OF RISK/WAIVER.
Client is aware that travel such as client is undertaking on the Trip may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; my own negligence and/or the negligence of others, including tour guides, other guests, Rachel Dicker Travel and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. To partake of the enjoyment and excitement of this trip, client is willing to accept the risks and uncertainty involved as being an integral part of travel. Client on your own behalf, and on behalf of any minor traveling with you, hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Rachel Dicker Travel and agrees to and shall hold harmless and fully release Rachel Dicker Travel from any and all claims associated with the trip, including any claims of third party negligence and you hereby covenant not to sue Rachel Dicker Travel for any such claims or join any lawsuit or action that is suing Rachel Dicker Travel. This agreement also binds your heirs, legal representatives, and assigns.
INDEMNIFICATION.
Traveler agrees to and shall indemnify and hold harmless Rachel Dicker Travel and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Rachel Dicker Travel or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in travel, (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this indemnification paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
ADA COMPLIANCE.
The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany clients who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. You must inform us at the time of booking if you are requesting any ADA accommodations. Rachel Dicker Travel will pass this request on to the Supplier but cannot be responsible if such accommodations are not available.
LIMITATION OF RECOVERY.
RACHEL DICKER TRAVEL HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM RACHEL DICKER TRAVEL WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY CLIENT AND ACTUALLY RECEIVED BY RACHEL DICKER TRAVEL IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
FORCE MAJEURE.
“Force Majeure” means, in relation to Rachel Dicker Travel, any circumstances beyond the reasonable control of Rachel Dicker Travel, (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, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Rachel Dicker Travel 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 Rachel Dicker Travel, 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 your trip. Payment of any refund by Rachel Dicker Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Rachel Dicker Travel shall use its reasonable efforts to reimburse you where possible. However, Rachel Dicker Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Rachel Dicker Travel of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Rachel Dicker Travel has investigated the prevailing situation, as it deems fit, it shall remain in Rachel Dicker Travel’s sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to Rachel Dicker Travel’s and each Supplier’s terms and conditions. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic, or other similar events.
PHOTOGRAPHIC & VIDEO LIKENESS; FEEDBACK. Traveler hereby gives consent and grants to Rachel Dicker Travel a royalty-free, perpetual, and irrevocable license to publish any photographs, videos, testimonials or feedback of the tour, trip, or traveler in printed or electronic media that is provided to Rachel Dicker Travel or in which Rachel Dicker Travel is tagged or identified on any social media platform or application without obtaining further consent and without compensation. Traveler releases Rachel Dicker Travel and its Representatives from any liability in connection with any use of such photographs and/or video. Notwithstanding the foregoing, if a traveler desires to have a specific photo or video removed from our website or social media, please request removal by contacting us via email at rachel@racheldickertravel.com.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY.
We reserve the right to correct errors and offers are always subject to Supplier’s terms and conditions and subject to availability.
SEVERABILITY.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
ENTIRE AGREEMENT.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and Rachel Dicker Travel with respect to travel bookings made with Rachel Dicker Travel by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CLASS ACTION WAIVER.
YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST RACHEL DICKER TRAVEL IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED ACTION OR REPRESENTATIVE PROCEEDING.
LIMITATION OF DAMAGES.
RACHEL DICKER TRAVEL SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON TRAVEL, A TRIP OR A TOUR MEANS THAT YOU AGREE TO THESE TERMS AND CONDITIONS AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT RECOVERY YOU DO RECEIVE SHALL BE SOLELY LIMITED TO THE AMOUNT RACHEL DICKER TRAVEL EARNED IN COMMISSION(S) AND/OR FEES FROM YOUR BOOKING.
E-MAIL UPDATES.
Rachel Dicker Travel may provide e-mail news service or other prompts to new content available. Your use of such content received through the e-mail news service will be subject to these Terms and Conditions.
GOVERNING LAW.
These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Travis County in the State of Texas
SELLER OF TRAVEL
California Seller of Travel Ref. No: 2080753-40
Florida Seller of Travel Ref. No: ST36598
Washington Seller of Travel Ref. No: 602-526-983
Hawaii Seller of Travel Ref. No: 7428(As an independent affiliate of Travel Experts, Inc.)