Travel Services Agreement

By using our services you agree to the terms of this TRAVEL SERVICES AGREEMENT (the “Agreement”). This Agreement is made by and between the indicated Primary Traveler (the "Client") and Maegan Mott/Explore & Enjoy Travel (the "Travel Agency") effective immediately upon receipt of electronic acceptance and signature by the Client.

1. Purpose of Agreement & Services. The Travel Agency agrees to provide travel planning and booking services for travel arrangements as requested by the Client, which include, but may not be limited to the following:

a.  Itinerary Planning and Consultation: Tailored travel planning services based on Client preferences and interests;     

b. Transportation Arrangements: Booking flights, trains, buses, and other modes of transportation as needed;

c. Accommodation Reservations: Securing hotels, resorts, vacation rentals, or other lodging;

d. Tour and Activity Coordination: Organizing and booking guided tours, excursions, and special activities at travel destinations;

e. Travel Insurance Assistance: Providing information on and helping secure travel insurance policies;

f. Visa and Documentation Support: Providing the Client with the appropriate information to obtain proper travel documentation;

g. Group Travel Management: Arranging transportation, accommodations, and activities for groups, including corporate or leisure travel;

h. Client Support: Offering assistance during the trip to address any issues or changes;

i. Special Needs and Preferences: Assuring proper notification of dietary restrictions, accessibility requirements, or other Client needs to Third-Party Suppliers;

j. Budget Optimization: Ensuring the best possible trip components within the agreed upon budget range as discussed by the Client and the Travel Agency.

The Client acknowledges and agrees that all Travel Services are subject to availability and the terms and conditions of Third-Party Suppliers.  To the extent the Travel Services are related to a specific trip, a detailed “Trip Itinerary” will be provided via Tern to the Client.

2. Term.  This Agreement starts on the date signed by client as indicated on the form and will continue for the duration of time that the Travel Agency provides Travel Services to the Client.

3. Agency & Third-Party Supplier Acknowledgment. The Client acknowledges that the Travel Agency acts solely as an intermediary between the Client the relevant transport, accommodation, or other travel service providers (the "Third-Party Suppliers"). The Travel Agency facilitates travel bookings and arrangements but is not responsible for fulfilling them, as this responsibility lies exclusively with the Third-Party Suppliers. The Client enters into direct contracts with Third-Party Suppliers and agrees to abide by all Third-Party Suppliers’ terms and conditions. Any legal recourse for service issues must be directed to the relevant Third-Party Suppliers, unless due to the Travel Agency's fault. The

Travel Agency is not liable for the acts, omissions, or defaults of Third-Party Suppliers. If a Third-Party Suppliers fails to fulfill its obligations for reasons beyond the Travel Agency's control, the Client's sole remedy will be with the Third-Party Suppliers, not the Travel Agency.

4. Client Responsibilities.  The Client is responsible for the following:

              a.  Providing the Travel Agency with accurate and complete information necessary for booking the travel arrangements, including, without limitation, accurate names as they appear on legal documents, contact information, travel preferences, and payment information;

              b.  Ensuring compliance with all travel and entry requirements, including, without limitation, passports, visas, vaccinations, and other travel documents;

              c.  Ensuring that deadlines for submitting required forms, payments, and information are met;

              d.  Notifying the Travel Agency of any cancellations, changes, or substitutions;

               e. Ensuring compliance with the terms and conditions of this Agreement and any other policies of the Travel Agency;

               f.  Ensuring compliance with vendor and Third-Party Supplier specific rules and policies, including payment schedules, cancellation policies, and codes of conduct;

              g.  Ensuring compliance with all deadlines set by the Travel Agency;

              h.  Verifying the accuracy of all booking details, including names, locations,  dates, and times, and reporting discrepancies to the Travel Agency immediately;

              i. Purchasing trip insurance to protect against unforeseen events, such as cancellations, delays, or emergencies; and

The Client acknowledges and agrees that failure to comply with any of the above responsibilities may result in additional charges or the cancellation of the bookings or other travel arrangements.

5. Group Travel.  If the Client is acting on behalf of a group of travelers, then the Client assumes the responsibility for providing the terms and conditions of this Agreement, policies of the Travel Agency, and all terms and conditions of the individual Third-Party Suppliers to each traveler.

6. Deposit.  A deposit may be required to secure a booking and would be due upon signing this Agreement. The Deposit amount will be applied to the final payment balance. The Client acknowledges and agrees that the Travel Services and any bookings will not be secured until the Deposit is received by the Travel Agency.  If the Deposit is not paid when due, then the Travel Agency may, at its sole option, choose to immediately terminate this Agreement without notice.

7.  Service Fees and Costs. The Travel Agency charges for the Travel Services in accordance with the prices and costs detailed in the Travel Agency’s “Fee Schedule,” which is detailed below. The Client agrees to pay all travel, planning, change, and other fees immediately upon receipt of an invoice from the Travel Agency.

             The Travel Agency charges Service Fees ("Service Fees")  based on trip types and complexity. The following is the current fee structure as of July 15, 2025.

All trip Service Fee tiers include, but are not limited to, the following: all hours and resources for itinerary research by the Travel Agency, access to Tern account for the Client, access to digital itinerary, booking management by the Travel Agency, assistance to the Client by the Travel Agency before and during travel (subject to business hours), liaison duties by the Travel Agency as needed on behalf of the Client, and any available exclusive perks for the Client from the Travel Agency.

a. Essentials Tier - This fee is starts at $175.00 and is non-refundable.

Typically includes trips such as, but not limited to:

Single-destination U.S. trips (e.g., a beach house, mountain cabin, etc.). Disney or Universal trips without dining reservations, Lightning Lane planning, or detailed itinerary support. Cruise vacations for a single cabin

 b. Elevated Tier - This fee starts at $250.00 and is non-refundable.

Typically includes trips such as, but not limited to:

Disney or Universal trips with dining reservations, Lightning Lane support, and personalized itinerary planning for up to 8 travelers and/or 3 rooms. U.S. trips with 2–4 stops and/or 3-8 travelers. International vacations for up to 6 travelers and/or up to 3 destinations/stops. All-Inclusive resort vacations for up to 4 travelers and/or 2 rooms. Honeymoons. Group travel coordination for up to 4 rooms/families.

c. Elite Tier - This fee starts at $450.00 and is non-refundable.

Typically includes trips such as, but not limited to:

Theme parks for 9+ travelers and/or more than 3 rooms. Group cruises for up to 8 cabins (group cruise over 8 cabins may incur an additional fee). Honeymoons involving multiple destinations or complex travel coordination. All-Inclusive resort vacations for 5-12 travelers and/or 6 rooms. Non-Cruise group coordination beyond 3 rooms and/or 15 people. Multi-generational family travel for 8+ people. U.S. trips involving 5+ stops or complex, highly customized itineraries

d. Optional Add-Ons

Additional service fees may apply in the following situations:

  • Non-Commissionable Lodging (e.g., Airbnb, VRBO, DVC): Starting at $100 per room/per 5 people

  • Flight-Only or Car-Only Bookings: Starting at $50 per adult, $25 per child (added as a fee to the booking)

  • Trips Booked Within 60 Days of Travel: Starting at $100.00 per reservation

e. Service Fee Payment terms

Final service tier placement and fee amount are at the sole discretion of the Travel Agency based on the trip’s specific details and complexity. All Service Fees are non-refundable, unless otherwise noted by the Travel Agency. All Service Fees are processed via Stripe. The Client will receive an invoice for any Service Fees to be charged. Payment of Service Fees is due upon receipt of the invoice.Travel proposals/quotes/itineraries will not be sent to client until the applicable Service Fee(s) have been paid.

f. Waived Fees

Fees are applicable to all trips, unless otherwise determined by the Travel Agency. Waiving fees is at the sole discretion of the Travel Agency on a case by case basis. The Travel Agency will provide a signed letter to the Client stating any waived fees in the event this apply to the Client's trip. 

The Client acknowledges and agrees to the above Service Fee payment terms. The Travel Agency reserves the right to terminate this agreement at any time due to unpaid fees by the Client.

g. Revisions

All trips are allowed 2 revisions under the initial fee as described above. If more than 2 revisions are requested, the Travel Agency may apply another service fee of $50.00 PER REVISION that must be paid in full at receipt of the invoice. NO revisions will be made within 30 days of travel.

8.  Payment Methods. Deposits and payments can be made by major credit card (Visa, MasterCard, American Express, and Discover). Debit cards may be acceptable in some cases, depending on the suppliers terms. Service Fees can be paid via Stripe invoice.

9. Credit Card Authorization.  The Client is required to authorize payments via their Tern account as needed for the Travel Agency to pay for and secure bookings. The Client agrees to fill out a credit card authorization form when asked by the Travel Agency.  The Client authorizes the Travel Agency to charge all fees incurred by the Client in relation to the Travel Services and related bookings to the Client’s designated credit card for the agreed upon amount(s).  The Travel Agency will provide an receipts for all charges. If payment is not accepted for any reason, then the Client is responsible for paying such fees and cost immediately and upon demand by the Travel Agency. In the event the Client wishes to dispute a charge, then Client must first contact Travel Agency in writing prior to initiating a refund or chargeback with the card issuer.

10.  Price Quotes.  Price quotes provided by the Travel Agency are valid at the time of the quote and are not secured until booking and payment has been made.  All price quotes are subject to availability and can be withdrawn or changed at any time without prior notice.  

11.  Price Changes.  In the event a Third-Party Supplier lowers the price of a travel arrangement after the booking is completed, the upon the Client's written request, the Travel Agency will make every reasonable effort to adjust booking to the lower rate (provided the Third-Party Supplier allows it).  The Client acknowledges and agrees that additional fees may apply and that the Client is solely responsible for such fees.  The Travel Agency does not guarantee any refund or any successful repricing/rebooking. 

The Client acknowledges and agrees that all bookings are subject to Third-Party Suppliers’ supplemental price increases that may be imposed even after the booking has been completed.  Such price increases are not within the control of the Travel Agency. The Client is solely responsible for payment of any such price increases.

12.  Late Fees and Non-Payment.  Late payments may incur a late fee to Supplier's terms. The Client acknowledges and agrees that late payments may also result in delayed confirmation of services, cancellations, or forfeiture of reservations, as determined by the Travel Agency and/or Third-Party Supplier.

If the final balance required for any booking or service is not paid in full when due, then the Travel Agency reserves the right, at its sole option, to immediately terminate this Agreement and cancel the booking or travel arrangement.  In such event, any payments previously made are non-refundable, and the Client will be responsible for any additional fees or penalties incurred due to non-payment. The Travel Agency is not liable for any disruptions, loss of service, or additional costs resulting from late or non-payment.

13.  Cancellation/Termination of Agreement by Client. The Client may terminate this Agreement by written notice to the Travel Agency.  Any cancelation fees and penalties imposed by Third-Party Suppliers are the Client’s sole cost and responsibility. Any refunds, if applicable, will be processed in accordance with the terms and conditions of the Third-Party Suppliers.  The Travel Agency’s service fee is not refundable.

14. Termination of Agreement by Travel Agency.

The Travel Agency may terminate this Agreement and cancel Travel Services as follows:

a.  Termination for Cause. The Travel Agency reserves the right to terminate this Agreement immediately upon written notice to the Client in the event of any of the following:

i.  Failure of the Client to make any required payments by the due date.   

ii. The Client’s breach of any provision of this Agreement or Travel Agency’s policies, and failure to cure such breach within seven (7) days of receipt of written notice.

        iii.  Any actions by the Client that violate applicable laws, travel restrictions, or the policies of vendors, Third-Party Suppliers, or other service providers.

In the event of termination by the Travel Agency for cause, the Client will remain responsible for all fees, penalties, and non-refundable expenses incurred through the date of termination. 

b.  Termination Without Cause. The Travel Agency may also terminate this Agreement for any reason without cause by providing the Client with a written notice. 

15.  Rescheduling.  The Client may request to reschedule a booking or other travel arrangement, subject to the following terms and conditions:

                   a. Written Request. The Client must submit a rescheduling request to the Travel Agency in writing. The request must include the proposed new dates, times, and any other additional proposed changes. The Travel Agency will make reasonable efforts to accommodate the Client’s rescheduling requests, but does not guarantee that requests will be accepted.  The Client acknowledges and agrees that requested changes may not be feasible due to elements outside of Travel Agency’s control, including, but not limited to, Third-Party Supplier policies, availability, or logistical constraints.

                   b.  Availability. All rescheduling requests are subject to the availability of dates, locations, accommodations, transportation, and other services. The Travel Agency does not guarantee that the same rates or terms will apply for any rescheduled booking or travel arrangement. Any price adjustments will be communicated to the Client for approval before finalizing new arrangements.

                   c. Denial of Request. If a rescheduling request is denied and the Client decides not to go forward with the original booking or travel arrangement, then this Agreement will be treated as terminated by the Client, and the termination provisions above will apply.

                   d. Non-Refundable Costs. In the event a booking or travel arrangement is rescheduled, any non-refundable costs and fees incurred for the original booking or travel arrangement are not refundable or transferable and will be the sole responsibility of the Client.

                  e.  Third-Party Suppliers. The Client acknowledges that rescheduling may be subject to the specific policies of Third-Party Suppliers (e.g., airlines, hotels, cruise line, and/or tour operators). Any fees, penalties, or restrictions imposed by Third-Party Suppliers will be the sole responsibility of the Client

                     f.  Payment Adjustments. To the extent possible, payments already made will be applied to the rescheduled booking or travel arrangement, minus any non-refundable or additional costs incurred. The Travel Agency will provide the Client with an updated accounting and payment schedule for the new booking or travel arrangement, including any price adjustments, updated trip costs, and revised payment schedule. 

                    g.  Rescheduling limitations. Subject to the terms above, a booking or travel arrangement may only be rescheduled one time.

16.  Price Adjustments.  The Travel Agency reserves the right to adjust the total cost of the Service Fee(s) and related bookings and travel arrangements due to changes outside of the Travel Agency’s control, which include, but may not be limited to, changes in taxes, fees, currency rates, or other charges by Third-Party Suppliers. The Travel Agency will notify the Client in writing of any necessary price adjustments. The Client acknowledges and agrees that s/he is responsible for payment of such price adjustments.

17.  Refunds and Reimbursement.  Upon completion of any trip, booking, or travel arrangement, there are no refunds for any amounts paid. In the event of cancellation or rescheduling of any trip, booking, or travel arrangement, the policies in this Agreement and Third-Party Suppliers will apply. Notwithstanding the foregoing, the Client acknowledges and agrees that the following fees are not refundable:

                    a. The initial Deposit.

                    b.  The Travel Agency’s service fees for the Travel Services, and planning and coordination of any trip, booking, or travel arrangement.

                    c.  Penalties or charges imposed by Third-Party Suppliers for cancellation or changes.

d. Final payments as indicated by Third-Party Suppliers terms.

Refunds for travel components such as flights, accommodations, tours, and activities are subject to the policies of the Third-Party Suppliers providing the services. The Travel Agency will assist in requesting refunds or credits from Third-Party Suppliers, but does not guarantee the outcome and in no event will the Travel Agency be responsible for such costs. Any non-refundable costs or fees imposed by Third-Party Suppliers are the sole responsibility of the Client.

In order to request a refund, the Client must submit a written request to the Travel Agency. The Client acknowledges and accepts that all refunds are subject to the terms outlined in this Agreement and that refunds may be reduced or denied based on Third-Party Suppliers policies, timing, or non-refundable expenses. The Travel Agency will make every reasonable effort to facilitate refunds but does not assume any liability for supplier-imposed restrictions.

18. Trip Insurance.  The Travel Agency recommends that the Client obtain travel insurance to cover trip cancellations, illness, accident, death, medical expenses, lost luggage, and other potential issues.  If travel insurance is declined, then the Client does so at his/her own risk. The Travel Agency is not liable for expenses arising from or relating to any of the foregoing.

19. Limitation of Liability. The Travel Agency’s liability for any claims, losses, damages, or expenses arising out of or in connection with this Agreement, the Travel Services, any trip, booking or other travel arrangement, or the performance of any other travel related services is strictly limited to the total amount in service fees paid directly to the Travel Agency by the Client under this Agreement. The Travel Agency is not liable for any indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of enjoyment, delays, personal injury, or additional costs incurred due to circumstances beyond its control, such as actions of third-party vendors, natural disasters, government actions, or other force majeure events. This paragraph survives termination of this Agreement.

20. Travel Safety and Warnings.  The Travel Agency has no special knowledge of any dangers during travel, including, without limitation, any unsafe conditions, health hazards, weather hazards, climate extremes, or public safety issues at any particular destination.  It is the Client’s sole responsibility to research the destination and any current travel warnings or safety precautions in advance of traveling.

21. International Travel Requirements. The Client acknowledges and agrees that Travel Agency has informed him/her of the following restrictions for international travel:

                    a. All travelers must present a valid passport book where applicable. (passport cards are not accepted for air travel).

                    b. Depending on the destination, certain travelers may be required to obtain a visa. It is each individual traveler’s sole responsibility to confirm the necessity of a visa and to obtain one if necessary.

                    c. To avoid issues with entry or re-entry, passports must be valid for at least six months beyond the return date.

                    d. Vaccinations may be required for some or all countries visited.  It is the Client’s sole responsibility to arrange for and meet any vaccine requirements in advance of travel.

The Travel Agency is not liable for the Client’s or any traveler’s failure to obtain necessary documents, to meet vaccine requirements, or for any inability to travel or inability to re-enter due to incorrect or missing documentation or missing vaccine requirements.  The Client is responsible for any expenses or fees incurred as a result of delays or changes arising from or relating to a lack of appropriate travel documents.

22. Itinerary Changes. The Travel Agency reserves the right to make changes to any booking or travel arrangement, including, but not limited to, substituting hotels, airlines, service providers, attractions, event schedules, departure/arrival times, and destinations. Any changes will be submitted in writing to the Client.

23. Force Majeure. Neither the Client nor the Travel Agency will be held responsible for any delay or failure in performance of their obligations under this Agreement due to events or circumstances beyond their reasonable control, including, but not limited to, acts of God, war, natural disasters, strikes, acts of terrorism, civil unrest, pandemics or public health crises, or other emergencies. If such an event occurs, both parties will use reasonable efforts to mitigate the impact of the event and will cooperate to find a mutually acceptable solution, which may include rescheduling or adjusting any bookings or travel arrangements or providing a credit for future travel services. Refunds by Third-Party Suppliers are not guaranteed.

24. Compliance with Laws. The Travel Agency will at all times operate in compliance with all applicable federal, state, and local laws, rules, regulations, and requirements governing sellers of travel and travel-related services. The Travel Agency will at all times maintain all necessary licenses, registrations, and certifications as required by law and to adhere to all statutory and regulatory obligations to ensure lawful and ethical conduct in the provision of the Travel Services under this Agreement.

25. Indemnification. The Client agrees to indemnify, defend, and hold harmless the Travel Agency, its officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Client's or any traveler’s actions, omissions, or breach of this Agreement or any Third-Party Suppliers terms and conditions, including, but not limited to, any injury, loss, or damage caused by the Client or any individual traveler during any trip, booking, or travel arrangement. The Travel Agency is not be liable for any personal injury, property damage, or other losses incurred by the Client or any individual traveler as a result of their participation in the travel activities. This paragraph survives termination of this Agreement.

26. Entire Agreement. This Agreement is the entire agreement and understanding between the parties and supersedes all prior or contemporaneous communications, contracts, or agreements between the parties, whether written or oral, with respect to the subject matter addressed in this Agreement.

27.   Modification. This Agreement cannot be modified except in writing signed by all parties.

28.  Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder of the Agreement will continue to be valid and enforceable.

29. No Waiver.  The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, will not be construed as subsequently waiving any such terms and conditions, but the same terms will continue and remain in full force and effect.

30. Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Alabama.

31. Arbitration. Any disputes, claims, or controversies arising out of or relating to this Agreement, including but not limited to its interpretation, performance, or breach, shall be resolved exclusively through final and binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitration will take place in Tallassee, Alabama. The arbitrator's decision shall be final and binding on both parties. The prevailing party in the arbitration will be entitled to recover reasonable attorneys' fees and costs incurred in connection with the arbitration.

32. Notices.  All notices must be in writing and sent by certified or registered mail to the party’s address listed at the beginning of this Agreement.

33. Headings.  Headings in this Agreement are for convenience only and are not to be construed to limited or otherwise affect the terms of this Agreement.

34. Counterparts. This Agreement may be executed in counterparts, all of which will constitute a single agreement. 

35. No Warranties. The Travel Agency makes no warranties, express or implied, regarding the Travel Services provided under this Agreement. While the Travel Agency will make reasonable efforts to ensure the quality and delivery of all travel services, the Client acknowledges and agrees that the Travel Agency does not guarantee the outcome of any services, including, but not limited to, hotel accommodations, flights, transportation, cruises, excursion, events, or attractions. The Client understands that the Travel Agency is acting as an intermediary between the Client and third-party vendors, and as such, the Travel Agency is not liable for any actions, omissions, or failures of those vendors or service providers.