BOOK IT PACE, LLC  TERMS & CONDITIONS

CLIENT / PARTICIPANT CONTRACT, RELEASE OF LIABILITY AND TERMS & CONDITIONS

This Contract between our company, BOOK IT PACE, LLC (“BIP”) and the Client(s)/Participant(s) shall hereinafter be referred to as the “Agreement”. The Agreement shall be legally binding on all parties as it relates to travel and trips curated by BIP and Trip Planning Services provided by BIP, which are defined below. Parents or guardians are required to agree to and execute this agreement on behalf of any minor children under the age of eighteen (18) who are participating in a trip.

PRICING, PAYMENT AND BILLING

For the purposes of this agreement, BIP’s “Travel Guru Planning Fees and Services” include but are not limited to: meetings, telephone calls, research, document preparation and revision, correspondence, planning, suggestions, responses to Client’s trip requests and changes and all other work related to a Client’s trip.  It is agreed that the Client will compensate BIP in a timely manner based on the fee structure provided in this Agreement for BIP’s Travel Guru Planning Fees and Services. Rates vary among BIP’s personnel and staff and the current rates of BIP’s personnel and staff are set forth in Table 1.

BIP provides the Travel Guru by engaging the person or persons with the most suitable experience and seniority level for the respective trip. Any questions or concerns regarding BIP personnel providing Trip Planning Services should be communicated in writing. BIP’s preferred method of payment for Trip Planning Services is via Square Up – an online credit card processing service.  Credit card payments incur a 3.5% convenience fee. 

By acknowledging this Agreement, Client understands and agrees the rates charged by BIP may increase over time, as advised by BIP to Client in advance, and Client agrees to pay the rates in effect when Trip Planning Services are rendered as provided for below.

Personnel: Travel Guru Planning Fees:

Individual Trips $100/$150/ $250*

Group Trips $500 /$1000*

An invoice for Travel Guru Planning Fees and Services and associated fees/costs incurred will be emailed to the Client to the email address of record. Any misunderstandings or disputes by Client relating to any BIP invoice must be raised within seven (7) calendar days. If Client does not raise any such misunderstanding, objections, or disputes to BIP within seven (7) days of receipt, Client will be deemed to have accepted the invoice as accurate.  BIP at all times reserves the right to cease providing Trip Planning Services on any trip until any and all outstanding balances are brought to zero ($0) and failure or refusal to pay BIP invoices on a timely basis will constitute grounds for our immediate termination of this Agreement, but shall in no instance serve to release Client from his or her ongoing payment obligations to BIP.  If BIP seeks payment on unpaid amounts owed by Client, Client hereby agrees to indemnify BIP for all costs and expenses incurred to include reasonable attorneys’ fees and costs.

In certain cases, when paying by credit card, you may choose ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we require notification and will discuss any questions or concerns about our charges. We strive to make sure all of our clients are completely satisfied and will work with you in attempting to resolve your concerns. BOOK IT PACE retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback, in which case the cancellation charges as set out below would apply. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

  • 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.

SUPPLIER RULES AND RESTRICTIONS

BIP does not provide, own, or control any of the travel services and products that are provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”) and makes no warranties related to the same. The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking and are binding. Furthermore, the terms of all Travel Providers (airline, hotel, tour operator, etc.) apply to your travel and are binding.

TRAVEL SUPPLIER COSTS

In certain cases, Travel Providers that BIP works with will not accept payments directly from Clients. In such cases, Clients must make funds readily available for BIP to provide payment on the Client’s behalf. Such payments may be quoted in local currencies and BIP shall make reasonable efforts to obtain favorable currency exchange rates for the Client.  Client agrees to pay, in timely manner, any such amounts that are due under the following provisions:

Payment to BIP on account of fees payable to Travel Providers must be made by Client and received by BIP within two (2) business days from the time BIP’s invoice is provided to Client. In the event Client does not make such payment within the 2-day time period, the rate quote secured by BIP with respect to such Travel Providers may have lapsed and Client must thereafter request for BIP to obtain a new rate quote which, if obtained, will then be effective for two business days after receipt thereof. Sales or other taxes and fees vary based on the location and other specifics of the trip and fees shall be disclosed to Client before confirming the booking.

BIP’s preferred method of payment is via Square Up – an online credit card processing service.  Credit card payments incur a 3.5% convenience fee.

CHANGES TO YOUR TRIP

Clients may make changes to their trip, subject to availability of any such requested changes at the time such change request(s) are made, and all applicable amendment and cancellation charges incurred as a result of such change(s). Fees accrued for BIP Travel Planning Services prior to such change request(s) shall be deemed fully earned and new fees will be incurred based on the then-current BIP rates.

PARTICIPANTS WITH DISABILITIES

Participants with disabilities should notify BIP if ADA accessible accommodations are needed.  BIP will make all reasonable efforts to accommodate this request but cannot be responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the guest requiring the accommodation.

CANCELLATIONS BY CLIENT

In the event the Client decides to cancel a trip after it has been booked, BIP will, if requested by Client, assist the Client with such cancellation subject to all applicable restrictions from the Travel Provider for the trip; provided, however, that Client shall be responsible for all applicable cancellation costs, charges, or fees.

CANCELLATION OR RESCHEDULING BY TRAVEL PROVIDER OR OTHER

In the highly unlikely event that one of our Travel Providers chooses to change the departure date, or cancels the trip, we will assist you in making alternate arrangements; however, you will be responsible for additional Travel Provider fees and charges that may apply. BIP will always advocate on your behalf in the event of a Travel Provider cancellation or rescheduling.

PASSPORT, VISAS, AND HEALTH REQUIREMENTS

It is Client/Participants sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete.

Clients/Participants are urged to review advisories or warnings issued by the State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. BIP strongly recommends that Clients and all Participants review them. They can presently be found at:

 https://travel.state.gov/content/passports/en/alertswarnings.html andhttps://wwwnc.cdc.gov/travel/notices. BIP 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/holiday related to improper documentation or government decisions about entry.

Health: Recommended inoculations for travel may change and Client/Participant should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

REVIEW OF TRAVEL DOCUMENTS

Clients must completely review all travel, itinerary, and other documents related to a trip upon receipt, whether from BIP or a third party. Any errors, questions, or concerns should be communicated to BIP immediately.

INSURANCE

It is essential and a condition of booking a trip with BIP, that Client/Participant take out a comprehensive travel insurance policy to cover Client and all Participants of the trip before, during and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. BIP cannot be held responsible for denied entry if a Client/Participant is unable to provide details to authorities of insurance or denial of entry for any reason. BIP shall not be responsible for any costs incurred by Client or any Participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by Client/Participant.

INDEMNIFICATION

Client/Participant agrees to and shall indemnify and hold harmless BIP and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by BIP including, without limitation, reasonable attorneys’ fees and costs with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client/Participant’s breach or violation, or threatened breach or violation, of this Agreement (including without limitation the Release) (ii) Client’s failure to obtain any signed Release from a Participant and any damages claimed by such Participant or on such Participant’s behalf against BIP with respect to the trip; and/or (iii) any Client/Participant’s breach or violation, or threatened breach or violation, of the Release signed by such Client/Participant to the extent that such Participant is held not to be responsible for any damages incurred as a result of such breach or violation (real or threatened).

RELEASE FROM LIABILITY

Client/Participant hereby understands, acknowledges, and agrees that BOOK IT PACE, LLC, its owners, officers, members, employees, agents, representatives, affiliates and independent contractors (collectively “BIP”) does not own or operate any entity which provide goods or services for any trip. BIP does not hold any ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. Client therefore releases and holds harmless BIP for any financial failure, insolvency and/or bankruptcy of any supplier, vendor and/or service provider (such as cruise line, airline, tour operator, accommodation provider, etc.), as well as negligent or willful act or failure to act of any such person or entity, or of any other third party, and Client/Participant agrees to and shall not make any claims against BIP for any such actions or omission by BIP or any such third parties. Without limitation, BIP is not responsible for any injury, loss, or damage to any Client/Participant’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, skiing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the reasonable control of BIP. BIP reserves the right to change hotels, the itinerary, or other features of the Trip if BIP believes it will enhance the safety of the Trip for Client and the other Trip participants, but in each case, if feasible, with Client/Participant’s prior consent.

In the event that the Client/Participant has arranged components of the trip without the assistance of BIP, Client/Participant is fully responsible for any losses, and associated costs, that arise as a result of the action or inaction of the component (for example, failure to arrive at a destination due to a delay or cancellation of a flight).

ASSUMPTION OF RISK; COVENANT NOT TO SUE

Client/Participant is aware that travel 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, falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Client/Participant’s own negligence and/or the negligence of others, including tour guides, other guests, BIP 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 Client/Participant is not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of BIP or their 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/Participant understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.  Client/Participant hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of BIP and agrees to hold harmless and fully release BIP from any and all claims associated with a trip, including any claims of third-party negligence. Client/Participant hereby covenants not to sue BIP for any such claims or join any lawsuit or action pursued against BIP.

GOVERNING LAW; SUBMISSION TO JURISDICTION

This Agreement and all attachments hereto and the rights of the parties shall be governed by and construed in accordance with South Carolina law. The Client/Participant agrees that any action or suit against BIP arising out of or relate to this Agreement shall be filed in federal or state court located in Greenville, South Carolina. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

ENTIRE AGREEMENT; SEVERABILITY

This agreement, including any other attachments and exhibits referenced herein, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to BIP. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

KNOWING AND VOLUNTARY EXECUTION

Client/Participant has carefully read this Agreement, and fully understands its contents. Client/Participant is aware that this is a release of liability and a contract between them and BIP and/or its affiliated organizations and Client/Participant knowingly agrees to it, freely, voluntarily and without coercion or duress.