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Vacation Contract - Terms & Conditions
Thank you for choosing Happy Vacations (the Operator), a division of Bogar Inc.
We ask that you read and familiarize yourself with the following terms and
conditions so that you understand the contract that you are contemplating
entering into. Partial or full payment for reservations constitutes consent to
all provisions of these terms & conditions set herein.
Responsibilities
Travel Agent - Your vacation package is offered on
behalf of your travel agent. It is therefore the travel agent’s responsibility
to provide information to you, to examine and verify all information, and to
make sure that you understand all of the policies, fees, and requirements to
which you are subject. Any travel agent who makes a reservation acknowledges
this responsibility.
Passenger - Proof of Citizenship is your responsibility. U.S.
citizens are required to carry proof of citizenship when traveling to Happy
Vacations' destinations. If you do not have the required documentation with
you, the airlines will not allow you to board your flight, and/or the foreign
country will not allow you to enter. Requirements differ by country,
Passenger’s citizenship, age and status. All Passengers are encouraged to ask
their travel agent for the latest details. If you are not a citizen of the
U.S., you must contact the embassy or consulate of the country to which you are
traveling to verify that country’s requirements. Each Passenger (including
children) must possess the current documentation required to enter the foreign
country and reenter the U.S. No refunds will be made if improper documentation
results in denied boarding or entry.
Operator - Happy Vacations is responsible for making your
vacation package arrangements to include all or parts of the following items:
airline transportation, ground transportation, and hotel accommodations, as
printed on your Happy Vacations issued itinerary/invoice. In no case does
Operator own, operate or control any of the vendors (the Supplier) which will
provide these goods and services for the trip, or for any option which may be
available when you arrive. Therefore, in the absence of its negligence,
Operator cannot be held liable for loss or damage to property or injury to
persons caused by reason of any act or omission, intentional, negligent or
otherwise by such Suppliers. Operator shall have no liability for, nor any
obligation for refund or adjustment as a consequence of interruption, delay,
cancellation, or other interference with vacation. Understand that we cannot
control such factors as and not limited to weather, government actions,
mechanical breakdowns or delays, illness, accidents, natural disasters, labor
disputes, traffic conditions, security procedures, criminal acts, your
physical, medical, or emotional disabilities, your failure to obtain valid
travel documents or your failure to follow travel instructions. Operator makes
no implied or express warranties for the vacation and reserves the right to
change or cancel components at its sole discretion. Operator’s liability shall
never exceed the amount actually paid by the Passenger to Operator.
Airlines
Airlines used are stated in the Operator’s literature. Each Passenger is
subject to the ticket terms and/or rules established by the airline, which when
a ticket is issued, shall be the sole contract between the airline and the
Passenger. In all cases, Passengers are subject to the carrier’s as well as
governmental rules and regulations applicable to air transportation; violation
of such rules and regulations in the creation of any hazard may result in
denial of boarding or removal from aircraft, in each case without refund or
liability of any kind.
Flight delays and rescheduling are unfortunate, but are an inherent risk of all
air travel and are completely outside the control and responsibility of the
Operator.
Operator acts only as an agent for the airlines and other transportation
companies in arranging to provide the services and accommodations included in
your vacation package.
Operator and the airline reserve the right to substitute any duly licensed air
carrier and/or to change the aircraft type, capacity, and routing, and do not
guarantee single plane or non-stop service for these changes. No refunds will
be given for such substitutions or changes.
Baggage – Please check with the Airlines for current baggage
regulations. Pursuant to the Warsaw Convention, the airline carrier’s liability
for loss, damage or delay of baggage on international flights (including
domestic segments of international journeys) shall be limited to approximately
$9.07 USD per pound, maximum 44 pounds per Passenger in the case of checked
baggage, and $400 per Passenger in the case of carry on baggage, not to exceed
$1,250 per Passenger. All claims are subject to proof of amount loss, and are
solely the responsibility of the carrying airline. All baggage claims must be
filed in writing directly with the carrying airline or its representatives
immediately upon discovery of the claim, prior to exiting the airport. Do not
pack important documents, cash, medications, or any valuables in your checked
baggage.
Check-In Procedures – Each Passenger is required to check-in
at least two hours prior to the scheduled departure. Failure to comply with
this condition may result in the loss of your seat to a stand-by passenger.
Your rights and remedies set forth herein are in addition to any other rights
and remedies under applicable law, but if you agree to a refund, you waive all
other remedies.
Seat Assignments – The airline offers preassigned seats for
their passengers as a courtesy. Seat Assignments can be changed for any reason
at any time without notice by the airlines. The Passenger agrees not to hold
the Operator liable for these changes. For any late arrivals, the airline
reserves the right to relinquish your assigned seat to another passenger who
has checked in for the flight before you. In the event that there is a flight
schedule change or a change in aircraft, Operator cannot guarantee that your
preassigned seat will be protected, and in some cases, no available seats may
be preassigned after these changes.
Operator assumes no responsibility for any Passengers making independent
connections and/or airline transportation to the destination.
Hotels
Happy Vacations has no control over how specific rooms are assigned; although
we will communicate your request(s) to the hotel’s reservations department.
While hotels are asked to take into account special room requests, these
requests are outside the contracts of the Supplier. Operator cannot guarantee
any requests for type of bedding, smoking preference, lower floor, etc, since
it is not within our control to do so. Each Passenger agrees to seek redress or
remedies directly with the Supplier and to not hold the Operator liable.
Passengers may be required to pay a hotel’s imposed surcharges (resort fees,
parking, and porterage) upon departure from the hotel, if the Operator has not
already precollected it.
Package Price
Prices in this brochure are listed as per room per night based on double adult
occupancy. While every effort is made to ensure the accuracy of our prices in
print and quoted by telephone, these prices should be used only as a guide.
Package pricing is confirmed on the invoice/itinerary issued by Operator
indicating the specific components that have been reserved. Not included in
your vacation package are gratuities, meals, parking, insurance, laundry,
telephone calls, resort fees, fuel, vehicle surcharges, and any other items not
specified on the invoice/itinerary issued by Operator. Prices are subject to
change until vacation package is fully paid and received by Operator.
Price Guarantee
Prices are subject to change until vacation package is fully paid and received
by Operator. Once deposit has been applied, if a lower price becomes available,
it cannot be honored.
Reservations and Payments
A deposit of $100 per person, $200 during holiday season, plus Cancellation
Waiver is required to request space. Final payment is due 45 days prior to
departure. If reservation is made within 45 days prior to departure, full
payment is due immediately to secure space (some vendors have differing payment
details, which appear on invoice). Pricing is generally based on double
occupancy. If your companion cancels and you do not have a replacement, you
will be required to pay for the single occupancy rate.
Late Bookings: If a booking/payment is taken or received when
documents can no longer be issued and sent to your travel agent with our
Standard Delivery Service, Passenger accepts the charge of alternate delivery
services. Some departures may require a non-refundable or partially
non-refundable payment. These separate payment requirements apply to holiday
periods or special event promotions. Please consult your travel agent. All
payments must be received by Happy Vacations when due to avoid automatic
cancellation of reservation. The purchase price may be guaranteed against price
increase only when vacation package is fully paid and received by Happy
Vacations.
Forms of Payment: Operator accepts all major credit cards –
Visa, MasterCard, American Express, and Discover. For check payments, please
make checks payable to the travel agency.
Changes and Cancellations
The right to a refund if a Passenger changes plans is limited.
Schedule of fees:
Cancellation 45 days or more prior to departure
$50 per Passenger (including kids)
Cancellation less than 45 days prior to departure
$100 per Passenger (including kids),
Plus any applicable Supplier fees (including airline, hotel and other related
fees). There will be no refund on Cancellation Waiver/Travel Insurance
premiums. A change of destination, Passenger name, departure or return dates
may be considered a cancellation and may be subject to the cancellation fees
and conditions as stated above. Most airlines consider a name change to be a
cancellation; so to avoid penalties, full and correct names are required at
time of booking. The rights and remedies made available herein are in addition
to any others available under applicable law. However, if Operator offers a
refund and is accepted, Passenger constitutes a waiver of any additional rights
and remedies. Separate cancellation penalties may apply to holiday or special
event departures in addition non-refundable deposits. Please consult with your
travel agent.
Request for refund
Should you have a complaint, please notify Happy Vacations as soon as possible.
If the matter cannot be settled on the spot, you should write to our Customer
Service Department within 30 days of your return date. Any documents issued on
your behalf must be returned before a refund can be made. Airfare is sold on a
round-trip basis. There is no refund for a partially used ticket. Operator
reserves the right to refund in the form of check, credit card credits, and/or
future travel credits (with Happy Vacations or by the Supplier). If you accept
a refund, you waive all other rights and remedies under applicable law. There
are no refunds for No-Show components.
Forum for Disputes
Passenger and Operator agree to resolve any dispute only in a court of
competent jurisdiction in Santa Cruz County, California, under
California State Laws.
Accuracy of Content
Operator is not responsible for the pricing and product information herein, as
well as in Operator's printed advertisements and website, as all information is
provided by our vendors and is not subject to independent verification. Prices
and/or features described herein may change without notice. Whenever possible,
we will advise your travel agent regarding these changes. Photos in this
brochure are representative only and are used for informational purposes only.
Operator does not guarantee sights or features will appear as depicted. The
maps in this brochure represent approximate location and attractions, and are
not meant to be exact in every detail or scale.
DBA: Happy Vacations is a division of Bogar Inc., a California corporation
whose primary address is, 314 Westridge Drive, Watsonville, CA 95076.
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