TERMS AND CONDITIONS

 

These Terms and Conditions (“Terms”) between Sun Day Travel, LLC (“Agency”) and you (including all Travelers on the same booking who share the same household) (“you,” “your,” “yourself” or “Traveler”) becomes effective upon your: (1) electronic or written signature; or (2) payment authorization until terminated in writing by you or Agency.

 

These Terms are subject to change at any time, without prior written notice. The effective version of these Terms is located at https://www.SunDayTravelLLC.com.

 

DEFINITIONS

 

“Agency” means Sun Day Travel, LLC.

 

“Booking Services” means travel reservation and booking services for Travel Services, which Agency provides to you under these Terms.

 

“Lead Traveler” means you, acting on behalf of all Travelers on the same booking who share the same household under these Terms.

 

“Supplier” means any party who provides Travel Services to any Traveler.

 

“Terms” means these Terms and Conditions.TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) are:

BETWEEN: Sun Day Travel, LLC (“Agency,” “our,” “us,” or “we”)

AND: You (“you,” “your,” or “yourself”)

(each a “Party” and, together, the “Parties”).

The Parties agree as set out below.

These Terms become effective and binding on each Traveler upon the earlier of: (1) your

written, digital, or electronic signature or other acceptance; or (2) your Booking, payment

toward, or use of Travel Services. The Terms remain in effect until terminated upon a

Party’s written notice of termination to the other Party.

The Terms are subject to change at any time in Agency’s discretion, without notice to you.

Changes become effective upon the earlier of: (1) your written, digital, or electronic

signature or other acceptance; (2) your Booking, payment toward, or use of Travel

Services; (3) our written notice to you; or (4) publication at https://

www.SunDayTravelLLC.com.

DEFINITIONS

“Booking” means a reservation made by Agency regarding your Travel Services.

“Supplier” means a party who provides Travel Services to Travelers.

“Traveler” means you or any other traveler on the same Booking.

“Travel Services” means travel products and services provided to Travelers by Suppliers,

including air, land, or water transportation, lodging, vehicle rentals, tours, excursions,

entertainment, food and drink services, and similar products and services, for which

Agency makes any Booking.

These Terms are subject to change at any time, without prior written notice. The effective version of these Terms is located at https://www.SunDayTravelLLC.com.

 

DEFINITIONS

 

“Agency” means Sun Day Travel, LLC.

 

“Booking Services” means travel reservation and booking services for Travel Services, which Agency provides to you under these Terms.

 

“Lead Traveler” means you, acting on behalf of all Travelers on the same booking who share the same household under these Terms.

 

“Supplier” means any party who provides Travel Services to any Traveler.

 

“Terms” means these Terms and Conditions.TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) are:

BETWEEN: Sun Day Travel, LLC (“Agency,” “our,” “us,” or “we”)

AND: You (“you,” “your,” or “yourself”)

(each a “Party” and, together, the “Parties”).

The Parties agree as set out below.

These Terms become effective and binding on each Traveler upon the earlier of: (1) your

written, digital, or electronic signature or other acceptance; or (2) your Booking, payment

toward, or use of Travel Services. The Terms remain in effect until terminated upon a

Party’s written notice of termination to the other Party.

The Terms are subject to change at any time in Agency’s discretion, without notice to you.

Changes become effective upon the earlier of: (1) your written, digital, or electronic

signature or other acceptance; (2) your Booking, payment toward, or use of Travel

Services; (3) our written notice to you; or (4) publication at https://

www.SunDayTravelLLC.com.

DEFINITIONS

“Booking” means a reservation made by Agency regarding your Travel Services.

“Supplier” means a party who provides Travel Services to Travelers.

“Traveler” means you or any other traveler on the same Booking.

“Travel Services” means travel products and services provided to Travelers by Suppliers,

including air, land, or water transportation, lodging, vehicle rentals, tours, excursions,

entertainment, food and drink services, and similar products and services, for which

Agency makes any Booking.

“Trip” means the composite of all Travel Services.

“Trip Documentation” means the documentation and communications we provide to

you with details and pricing regarding your Trip.

TRAVELER OBLIGATIONS

Each Traveler agrees to: (1) carefully read and understand these Terms, any Travel Client

Agreement or other agreement between the Parties, your Trip Documentation, and all

correspondence between you and us regarding your Trip; (2) notify us promptly, and in

any event within 24 hours from receipt, of any errors or omissions in your Trip

Documentation; (3) contact us to arrange your Trip sufficiently prior to travel dates to

ensure availability, avoid late-Booking fees, and avoid fare increases; (4) make all deposits

and payments per the schedules and dates set out in your Trip Documentation; and (5)

review, remain aware, and remain up-to-date regarding travel warnings relating to your

Trip by accessing the U.S. governmental travel advisory sites, as set out in these Terms.

​

You warrant that you are 18 years of age or older and have authority to sign and accept

these Terms on behalf of all minor and adult Travelers on the same Booking who reside in

your household.

If you do not understand any part of these Terms, please contact us in writing as soon as

possible.

SUPPLIERS

Suppliers are independent of Agency, managed separately, who provide Travel Services to

you. Suppliers are not subject to Agency’s control—they are not employees, agents,

representatives, or affiliates of Agency.

Agency is not responsible for any Supplier’s breach of contract, changes to Travel Services

or routes, failure to comply with laws or regulations in any jurisdiction, or willful or

negligent acts or omissions, which may result in price increases, delays, inconvenience,

damage, loss, costs, injury, or death to Travelers or companions.

Suppliers operate under their own terms and conditions, which are separate from these

Terms. All documentation, receipts, confirmations, and tickets issued are subject to the

terms and conditions specified by each Supplier. Your travel documentation identifies each

Supplier responsible for providing your Travel Services. By paying for Travel Services, you

consent to the use of those Suppliers.

Please read Supplier terms and conditions carefully—you are responsible for

understanding and complying with the terms imposed by each Supplier, including: (1)

payment of all amounts when due; and (2) rules and restrictions regarding the availability

and use of Travel Services, including baggage allowances, check-in/check-out times, and

age or height restrictions. Any questions about a Supplier’s terms and conditions should

be addressed to the Supplier of a specific Travel Service.

You understand that any violation of Supplier terms may result in denied access to Travel

Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such

violation results in costs to Agency, you agree to promptly reimburse Agency for all such

costs. Suppliers may require you to sign a liability waiver prior to participating in their

Travel Services.

If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide

refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel

Services or they may stop operations. In such case, other Suppliers may, but are not  employees, agents,

required to, provide alternative travel services to you. Agency is not permitted to provide

refunds to you for Suppliers who have declared bankruptcy. Agency has no special

knowledge about the financial condition of any Supplier.

Agency has no liability for recommending a Trip credit or a refund. All Supplier promotions,

incentives, prices, and offers are subject to Supplier availability, which may change at any

time without notice.

​

TRAVEL RISK & INSURANCE

Agency is not an insurance agent or provider. We advise travelers of the availability of

travel insurance, which third-party insurance agents and providers offer to travelers in

exchange for fees.

We recommend that you buy such insurance to cover each Traveler. If you have any

questions or if you have not received information on the availability of such insurance,

please contact us as soon as possible.

​

You understand that your Trip may involve: (1) inherent risks and unplanned events; (2)

fees for changes and cancellations; and (3) other unexpected costs, some of which may

be NON-REFUNDABLE.

You are responsible for choosing to buy (or not to buy) travel insurance.

If you choose to buy travel insurance: (1) you are responsible for reading and

understanding all details and terms regarding your itineraries and insurance coverages;

(2) you understand that insurance covers only those things expressly stated in each

policy; (3) you understand that insurance policies may include restrictions or pricing

policies based, for example, on the type and location of travel or the time of purchase;

and (4) you understand insurance policies may exclude coverage for matters such as preexisting

medical conditions, travel interruptions relating to any pandemic or epidemic, and

risk activities and locations.

If you choose not to buy travel insurance: (1) you accept all risks relating to your travel;

(2) you may lose up to 100% of the cost of travel bookings, plus any cancellation and

related fees charged by Agency and third-party suppliers; and (3) you waive insurance

protection relating to your travel, including without limitation, changes and cancellations;

baggage delays and loss; supplier defaults; medical costs; and accidents and

emergencies; and any other damage, loss, cost, injury, and death relating to your travel.

You waive all claims against and indemnify Agency, its owners, directors, employees,

contractors, advisors, agents, representatives, successors, and assigns for and from any

damage, loss, cost, injury, or death relating to: (1) your decision to buy or not to buy

travel insurance; (2) any insurance policy you may choose to buy; and (3) any claim your

insurance provider may deny.

This section will survive termination of these Terms.

PERSONAL INFORMATION

You understand that, as part of Booking any Travel Services, your personal information

may be conveyed to Agency, Suppliers, and other third-party providers to accommodate

your travel, and you consent to the use of your personal information by these parties.

Such personal information may include birth dates, passport numbers, travel dates,

occupation, frequent flyer information, bank accounts, credit cards, and other information

needed to secure travel arrangements.

Agency has no liability regarding: (1) the distribution of your information to any Supplier 

or other third party, including any CRM or other technology platform outside our control;

or (2) any third party’s failure to protect your personal information. You authorize Agency

to keep your personal information for as long as needed to provide Bookings and for a

reasonable period thereafter for Agency’s legal or business purposes.

​

SOCIAL MEDIA

Each Traveler grants to Agency an unrestricted, royalty-free, non-exclusive, worldwide

license to use, in Agency’s discretion, Traveler's name, image, and likeness, including any

photo or audio or video recording, relating to a Trip for marketing, promotion, tagging, or

any other lawful purpose on social media platforms, online locations, and Agency’s

website.

​

PRICING & INCLUSIONS

Quoted prices are based on the precise inclusions we provide to you in the Trip

Documentation.

Unless specifically itemized in the Trip Documentation, prices do not include other travel

costs, fees, or taxes, including: (1) fees imposed by or for airports, ports, stations,

security, agriculture, customs, immigration, visas, passports, or any other governmentimposed

fees or taxes; or (2) fees for meals, beverages, alcohol, minibars, entertainment,

seat assignments, upgrades, excursions, hospitality, gratuities, copies,

telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis,

transfers, porterage, departures, travel segments, health, medical treatment or tests,

vaccinations, pharmaceuticals, or any other personal charges.

All Supplier prices and availability are subject to change without prior notice until you

make full payment of deposits and other amounts due, as agreed in your Trip

Documentation. However, even following your full payment, you agree to pay additional

fees that may arise for variable matters beyond our control, including fuel and other

surcharges.

Agency has no responsibility for: (1) transparency or disclosure by any third party

regarding its pricing; (2) price changes or variable fees; (3) currency exchange

fluctuations; or (4) charges relating to foreign-currency transactions.

We reserve the right at any time for any reason to correct errors or omissions regarding

prices, to re-invoice you at corrected prices, or to take any other corrective measures

regarding your Bookings.

​

PAYMENT

You agree to make full payment of deposits and other amounts due as agreed in your Trip

Documentation. If you do not make full payment of any deposit or other amount by its due

date: (1) Suppliers may impose price increases, fees, or penalties; (2) Suppliers may

cancel your Bookings in whole or part; (3) Agency may cancel your Bookings in whole or

part; and (4) your previous deposits and other amounts paid may be NON-REFUNDABLE

under Supplier terms.

You are solely responsible, and Agency has no responsibility or liability, for consequences

relating to your late payment or non-payment.

If you request re-Booking, Agency will assist you with obtaining any refunds due to re-

Booking Trips (e.g., using future cruise credits). However, Agency may, in its discretion,

charge a NON-REFUNDABLE fee for re-Bookings.

Unless Agency provides prior written consent: (1) we are not the “merchant of record” (as 

defined by the U.S. Department of Transportation) regarding your Travel Services; (2) we

do not take possession of amounts you pay to Suppliers for Travel Services; and (3) we are

not responsible for any refunds payable to you by Suppliers.

Your payments are in U.S. dollars unless we notify you otherwise. Payments in currency

other than U.S. dollars will be converted at then-current exchange rates. Agency

payments to Suppliers will be converted at then-current exchange rates between U.S.

dollars and the currency in Supplier’s country.

​

CREDIT & DEBIT CARDS

By submitting your credit or debit card (“Card”) to us, you confirm that: (1) you are an

authorized user of that Card; (2) you authorize us, or our agents, to charge your Card for

payments on due dates agreed in your Trip Documentation; and (3) you authorize us, or

our agents, to credit to your Card any amounts charged in error.

You are responsible for all costs, including costs of recovery, relating to the following: (1) if

you provide to us an incorrect Card number; (2) if our valid charges to your Card are

declined; (3) if your Card has insufficient funds on payment dates agreed in your Trip

Documentation; and (4) if your Card account is closed or expires before you pay all

amounts agreed in your Trip Documentation.

In any such event, you agree we have a right to suspend or cancel any Booking, and we

have no obligation to refund amounts paid by you if we suspend or cancel any Booking.

​

CHARGEBACKS

You agree not to initiate, and you waive any right to pursue, any credit- or debit-card

chargeback, reverse-charge, refund, or recollection (collectively, “Chargeback”) for any

reason, including delay, cancellation, refusal of entry, exit, or transit, force majeure event,

provision or non-provision of Travel Services, Supplier price changes, fees, or penalties,

Food Allergies (defined below), or any other matter relating to your Trip, except in the

case of fraud.

Even in the case of fraud, before initiating any Chargeback, you agree to first address the

matter directly with us in writing to give us a reasonable time to investigate the matter

and respond to you.

If you initiate a Chargeback relating to any amount we validly charge to your Card without

our prior written authorization, you agree to pay us for all fees and costs, including

attorney’s fees and legal expenses, we incur to dispute and respond to that Chargeback.

This section will survive termination of these Terms.

​

CHANGES, CANCELLATIONS, REFUNDS

You agree to comply with Supplier terms relating to change or cancellation of Bookings.

Supplier terms may not allow refunds if you change, cancel, partially use, or do not use

Travel Services for any reason, including actual, threatened, or fear of potential health

matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar

circumstances.

If you change or cancel a Booking, you may be subject to: Agency fees of USD 100 Per

person, per leg of trip ; and and Supplier fees, charges, or penalties.

We reserve the right to modify or cancel any Booking or Trip at any time if Supplier

minimum occupancy requirements are not met. If we modify or cancel any Booking or Trip

per the above: (1) we will provide you reasonable notice and the reasons for such change;

and (2) you understand that independent bookings made outside of these Terms, 

including airline, rail, and other travel services, may be NON-REFUNDABLE and that

Agency has no responsibility for such bookings.

If you have any claim for refund or adjustment regarding your Trip, you agree to deliver it

to Agency in writing, including full details and documentation regarding the background,

rationale, and proof of payment.

This section will survive termination of these Terms.

​

NO SHOWS

Traveler’s failure to travel or show up for any Booking will be considered a “no show.” No

shows are subject to: (1) change or cancellation fees of Agency; and (2) Supplier terms,

which may include change fees, cancellation fees, and other penalties up to the entire

cost of Bookings and Travel Services. Traveler is responsible for and agrees to pay all such

fees and penalties, which Suppliers may issue as debit memos or any other form at any

time following a no show of Traveler.

​

ACCOMMODATIONS

Lodging accommodations are subject to availability at the time of reservation or check-in.

Some Suppliers require NON-REFUNDABLE and NON-TRANSFERABLE deposits to

guarantee a Booking. In such cases, Agency will notify you regarding the NONREFUNDABLE

pre-payment for that portion of your Trip.

Lodging amenities including air conditioning, elevators, bed size, connecting or adjacent

rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not

guaranteed at all properties and are not guaranteed to be operational or available during

your stay. Refunds regarding amenities are the responsibility of the Supplier.

​

AIR TRAVEL

Suppliers may require tickets to be paid in full at the time of Booking. Airline tickets, once

purchased, may be NON-REFUNDABLE and NON-TRANSFERABLE, subject to Supplier

terms and conditions.

Supplier policies and requirements may differ between domestic and international flights,

including fare refundability, transferability, recommended airport arrival times, advanced

check-in times, airline ancillary services, and baggage allowances, all of which are subject

to change.

Seat assignments are based on availability at the time of selection and payment. Airlines

may change seat assignments and aircraft or address other operational matters at any

time. Agency cannot guarantee seats in specific locations or next to each other.

Airline seat assignments, baggage and carry-ons, and airline ancillary services such as

meals, drinks, entertainment, Wi-Fi, and other services may be subject to additional fees.

Airlines may consider a name-change to be a cancellation.

You are responsible for confirming in advance: (1) airline policies and restrictions; (2)

availability of airline ancillary services; and (3) paying all related fees.

You agree to comply with safety guidelines of all airlines and hold Agency harmless from

any liability relating to airline policies, operations, or fees.

Agency is not responsible for any: (1) fees imposed by airlines for services; (2) changes to

aircraft or seat assignments after selection and payment; (3) loss, injury, accident, error,

or omission that may occur, including schedule changes, delays, cancellations, and

expenses due to weather conditions, airline operations, or equipment repair or failure; or

(4) other matters beyond Agency’s control.

​

TRAVELER CONDUCT

You are responsible for: (1) any damage or loss caused by your acts or omissions; and (2)

full payment for any such damage or loss directly to Agency or any third party.

Agency is not responsible for any costs relating to: (1) Traveler conduct; or (2) Traveler

removal from any Travel Services, in whole or part, whether based on Traveler negligence,

© 2025 Travel Industry Solutions Revised: 04-25-2025 (UTC)

willful misconduct, or otherwise. You agree not to hold Agency, its owners, directors,

employees, agents, or representatives accountable for any claims arising from Traveler

acts or omissions.

Any Authorized Party may, in its discretion, refuse you any Travel Service, require you to

leave any Travel Service, or require you to disembark any mode of transportation if the

Authorized Party reasonably believes: (1) you are a danger to yourself or any other

participant; (2) you have engaged in, are engaged in, or are threatening to engage in

behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious,

harassing, discriminatory, obscene, contrary to applicable law, or any other behavior that

may adversely affect the safety, security, comfort, enjoyment, or well-being of any other

Traveler, any Authorized Party, or any third party; or (3) you do not follow any rule,

procedure, or instruction of an Authorized Party.

If you are subject to any such determination of an Authorized Party: (1) you may be left at

any location, city, port, or place any mode of transport stops; (2) you will be solely

responsible for all costs relating to your subsequent subsistence, accommodation, and

transportation; (3) you will forego any right to any refund, in whole or part, of any fees

paid by you for any Travel Services; and (4) no Authorized Party will have any direct or

indirect liability of any kind relating to Traveler acts or omissions.

“Authorized Party” means Agency or any Supplier, including owners, directors, employees,

agents, and representatives, who provides to you Travel Services or related goods or

services, including any ship operator, ship captain, tour operator, tour director, group

leader, or crew member.

​

DISABILITIES & SPECIAL NEEDS

If you have disabilities or special needs that may require non-emergency special services,

additional support, or disability accommodations, please advise Agency in advance of

Booking.

Airlines and other Suppliers may impose charges for additional baggage and may have

size restrictions for wheelchairs they can accommodate. If you are unable to use your own

wheelchairs, mobility devices, or other medical equipment or devices, rentals may be

available, potentially subject to additional charges. If you travel with a service or

emotional support animal, Suppliers may require advance arrangements and

documentation regarding the animal’s health, training, and related factors.

Countries outside the U.S. often apply different laws, rules, regulations, standards, and

accommodations for persons with disabilities or special needs. Travel destinations may

have limited medical facilities, limited availability of prescription medications, and limited

means to accommodate your disability or special needs. Please consult your health

provider prior to planning or Booking your travel.

Agency will make all reasonable efforts to request assistance or arrange for appropriate

services or equipment regarding Traveler disabilities or special needs. However, Agency is

not responsible for the failure of Suppliers to meet Traveler needs and expectations. 

 

FOOD ALLERGIES

If you have food allergies or any similar conditions that may cause you harm during your

travel (“Food Allergies”), please advise Agency in advance of Booking. If any Traveler has

Food Allergies, each such Traveler: (1) acknowledges the possibility of an elevated risk of

reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her

Food Allergies and for performing all due diligence relating to such Food Allergies prior to,

© 2025 Travel Industry Solutions Revised: 04-25-2025 (UTC)

during, and following travel. Agency is not responsible for any harm or loss caused by any

Food Allergy under any circumstances.

 

RISK ACTIVITY

If you engage in any activity that may involve any risk of harm to your own or another

person’s health or well-being, damage to property, or costs relating to such activity

(collectively, “Risk Activity”), you are solely responsible for your decision to engage in,

and your involvement with, such Risk Activity.

You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity. You

will not pursue any claim against Agency, and you release Agency from all liabilities,

relating to any Risk Activity.

Risk Activity includes any activity, or travel to any location, which can reasonably be

regarded as inherently dangerous, hazardous, or otherwise having the potential to result

in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death

of any person.

​

ILLNESS & INJURY

If you become ill or injured during a Trip, you will bear all responsibility for your well-being

and treatment, if required. In such case, you will be responsible for all costs, planning, and

logistics regarding alternative travel arrangements. You will not cause a delay or

interruption regarding any Trip or otherwise burden other Travelers. You release Agency,

Suppliers, and other Travelers from any liability relating to your illness, injury, missed

flights or connections, travel delays, or unused Bookings.

​

BAGGAGE & PERSONAL ITEMS

You are solely responsible at all times for your baggage, personal items, and travel

documents. Agency is not responsible for any damage, loss, delays, or other matters

relating to your baggage, personal items, or travel documents.

​

PASSPORTS, VISAS, MEDICAL DOCUMENTATION

As a general rule, Travelers traveling to or from any international destination must have a

valid passport, which must be valid for at least six months beyond a Traveler’s date of

return.

​

Minor Travelers (age 17 and under) traveling without an adult, with a single parent, or with

a non-parent adult may be required to carry additional authorizations and documentation

(e.g., an affidavit or letter from the other parent).

Each Traveler is responsible for: (1) taking all actions to obtain in advance all documents

needed to enter, exit, or transit any jurisdiction, including passports, visas, and medical

and other required documentation; (2) ensuring all such documentation is current and in

your possession; and (3) remaining familiar with and understanding the rules governing

travel in each jurisdiction on your itinerary.

Agency is not responsible or liable for: (1) your failure to update or possess passports,

visas, or medical or other documentation that may be required to enter, exit, or transit

any jurisdiction; or (2) determining the validity of your passport, visa, or medical or other

documentation required by any jurisdiction.

​

We will issue NO REFUNDS and will have no responsibility for any costs or losses incurred

as a result of any Traveler’s failure to obtain or possess any passport, visa, or medical or

other documentation required by Agency or any third party.

Even if all travel documents are complete, authorities in any jurisdiction may refuse or

restrict entry, exit, or transit. Refusal of entry, exit, or transit by any third party will not be

a justification for cancellation or refund regarding Travel Services.

​

TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP

The Transportation Security Administration (“TSA”) requires all airline passengers to

provide: (1) Secure Flight Passenger Data (SFPD); (2) full name as it appears on

government-issued identification; (3) date of birth; (4) gender; and (5) redress number (if

available). The name of each Traveler on all reservations and travel documents must

match the name as it appears on that Traveler’s government-issued identification.

Traveler is responsible for any fees and expenses that may be incurred due to an incorrect

name or the denial of travel resulting from incorrect or non-matching information.

Updated information regarding security measures and air travel requirements are

available at https://www.tsa.gov/. We strongly recommend that Travelers review this

website well before travel.

​

PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES

You are responsible for being aware of any compliance with any restrictions relating to

pandemics, epidemics, and other travel advisories.

You warrant that you have reviewed, understand, and will continually check U.S. Center

for Disease Control (“CDC”) and U.S. Department of State travel advisories, notices,

warnings, restrictions, and rules, including those regarding pandemics, epidemics, and

other health threats, which can be navigated via the following links: (1) CDC https://

www.cdc.gov/; (2) U.S. Department of State https://www.state.gov/. Government notices

and rules may change before your travel, during your travel, and after you return from

travel.

You understand that: (1) certain countries, including the U.S., may require testing and

quarantine upon entering the country, as well as testing and quarantine upon returning to

the U.S. or your country of residence, including proof of full or partial medical treatments

(e.g., vaccination passports); (2) destination jurisdictions may have limited availability of

medical tests required to facilitate return to the U.S. or your country of residence; and (3)

different Suppliers and jurisdictions may have different medical protocols and screening

procedures, including mandatory face coverings and temperature checks in public areas

such as hotels, airports, aircraft, cruise ships, trains, or other means of transport.

Failure to comply with local laws and medical protocols may impact travel at the cost of

Traveler, including: (1) denial of boarding; (2) termination of Travel Services; (3) entry,

exit, and transit regarding any jurisdiction; and (4) return to the U.S. or your country of

residence.

Even if a Traveler complies with required local laws and medical protocols, authorities in

any jurisdiction may refuse or restrict entry, exit, or transit. Refusal of entry, exit, or

transit by any third party will not be a justification for cancellation or refund regarding

Travel Services.

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CRIMINAL RECORDS

Jurisdictions may restrict entry for persons with criminal records. You are responsible for

understanding all destination entry laws and for knowing if you or anyone in your party

has a criminal record. Agency does not inquire into Traveler criminal records in the

interests of privacy.

​

RESTRICTED PRODUCTS & MATERIALS

You are responsible for knowing, understanding, and complying with applicable laws in

each jurisdiction in which you travel or transit regarding possession and use of restricted

or illegal products and materials, including: (1) animals and animal products; (2) plants,

fruits, vegetables, and soil; (3) cultural artifacts; (4) alcohol; (5) tobacco and vapes; (6)

firearms and ammunition; (7) knives and cutting instruments; (8) weapons; (9)

flammables and explosives; and (10) any other products or materials that may be

restricted or illegal from time to time (collectively, “Restricted Materials”).

You are responsible for knowing, understanding, and complying with applicable laws in

each jurisdiction in which you travel or transit regarding possession and use of drugs,

substances, and paraphernalia, including prescription, over-the-counter, and other

products and materials, which may be restricted or illegal in some jurisdictions but

unrestricted and legal in others (collectively, “Drugs”).

Possession or use of Restricted Materials or Drugs may result in: (1) immediate

termination of Travel Services; and (2) detainment, prosecution, and incarceration by any

government authority.

Local laws may require you to carry evidence of medical prescriptions from a qualified

physician.

​

HAZARDOUS MATERIALS

You are responsible for: (1) knowing, understanding, and complying with all applicable

laws in each jurisdiction in which you travel or transit regarding hazardous materials and

insecticides; and (2) confirming with your airline or other travel provider regarding your

itinerary and applicable rules.

All air passengers are prohibited by federal law from bringing hazardous materials aboard

aircraft in their baggage or on their person. Violations can result in imprisonment and

significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/).

Examples include explosives, compressed gases, flammable fluids and solids, oxidizers,

poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases,

oxygen bottles, lithium batteries, and radiopharmaceuticals. Special exceptions apply for

small quantities of medical and toilet articles carried in your baggage and on your person.

Restrictions on hazardous materials are listed at: https://www.tsa.gov/. Some foreign

airports require treatment of passenger cabins with insecticides prior to or during flights.

The U.S. Department of Transportation lists such requirements at: https://

www.transportation.gov/.

​

LIMITATION OF LIABILITY

We arrange Travel Services, which are provided and controlled by Suppliers who are

separate from and independent of us.

We have no management or control over Suppliers, including their staff, representatives,

facilities, equipment, products, or services. Suppliers have sole responsibility and liability

to you for their respective Travel Services. 

We make no representation or warranty, express or implied, regarding the pricing, value,

quality, suitability, fitness, safety, non-infringement, or provision of: (1) Travel Services,

which are provided by Suppliers; or (2) Booking and other services that we may provide to

you, which we provide “as is.”

We have no liability to you for any claim of damage or loss arising from any act or

omission, negligent or willful, of any Supplier, Traveler, or other third party, including: (1)

any damage to or loss of property; (2) any physical, emotional, or mental injury or death;

(3) any cost, inconvenience, disruption, or delay; (4) any cancellation, bankruptcy, or

cessation of operations; and (5) any misrepresentation or criminal act.

We have no liability to you for any indirect, incidental, consequential, punitive, exemplary,

or special damages under contract, tort, or other claim of liability, even if we become

aware of the possibility of such damages.

If any decision-making authority awards you damages against us in law or equity, those

damages will be limited to the total commissions we collect for making Bookings for you

for the Trip during which the damages arise.

Our entire liabilities are as stated in these Terms. All other representations and warranties

—express or implied, by statute, law, or otherwise—are excluded.

This section will survive termination of these Terms.

​

INDEMNITY

You agree to indemnify and hold harmless Agency and its owners, directors, employees,

contractors, agents, representatives, advisors, successors, and assigns from all third-party

claims, damages, and costs, including attorney’s fees and legal costs, arising from: (1)

these Terms or Travel Services, including the claims of any Traveler on behalf of whom you

sign and accept these Terms; or (2) any act or omission relating to these Terms or Travel

Services by you or any Traveler on behalf of whom you sign and accept these Terms.

This section will survive termination of these Terms.

​

FORCE MAJEURE

No failure or delay in the performance of any obligation under these Terms will be a

breach if that failure or delay arises from a force majeure.

“Force majeure” means: (1) governmental actions; (2) fires, floods, storms, pandemics,

epidemics, or other acts of God or nature; (3) wars, terrorism, insurrections, riots, or

strikes; (4) failures of water, power, or communications utilities; or (5) any other cause

beyond the reasonable control of either Party.

If either Party’s performance is prevented or delayed by a force majeure, it will promptly

notify the other Party of the circumstances and provide an estimate of impacts. Upon

clearance of the force majeure, the Party will promptly resume performance.

Unless otherwise required by applicable law: (1) Agency is not liable to you and will not

provide any refunds caused by delay or non-performance under these Terms if the delay

or non-performance is due to any force majeure; and (2) if Agency or any Supplier is

affected by a force majeure, it may, in its discretion, vary or cancel any itinerary or

arrangement in relation to your travel without notice. In such case, you will remain

responsible, financially and otherwise, for all alternative travel arrangements.

​

GENERAL

Amendments. These Terms may be amended only in writing by Agency.

​

Assignment. You may not assign any right or obligation under these Terms without

Agency’s prior written consent, which will not be unreasonably withheld or delayed.

Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any

rights of you or Agency. No waiver of a right will operate as a waiver of any subsequent

right. No right is exclusive of any other right, and each right is cumulative.

Severability. If any part of these Terms is found unenforceable, that part will be enforced

to the fullest extent permitted by law and the remainder of these Terms will remain fully in

force.

Relationship of Parties. These Terms do not create an agent relationship, partnership, joint

venture, or employment relationship between or among the Parties. You have no authority

to bind Agency or incur any obligation on Agency’s behalf.

Discretion. While each Party acknowledges its duty of good faith and fair dealing, a Party’s

discretion means it may consider its own interests without considering the effect of its

decision on the other Party.

Notices. Notices under these Terms will be in writing and deemed given when sent receipt

confirmed to the receiving Party’s email or other address provided under these Terms for

purposes of notice.

Acceptance. You may confirm acceptance of these Terms in writing, digitally, or

electronically, including by clickwrap, sign-in-wrap, or other active or passive electronic

confirmation. Any counterparts created will constitute a single original document.

Conflicts. If any conflict arises between Supplier terms and these Terms, the Travel Client

Agreement, or Trip Documentation, the Supplier terms will control. If any conflict arises

between these Terms and the Travel Client Agreement or the Trip Documentation, these

Terms will control.

Interpretation. The Parties intend that: (1) headings will not be used to interpret these

Terms; (2) the words “include” and “including” are without limitation; (3) no text will be

construed against either Party as author; and (4) all text is conspicuous.

Termination. Upon termination of these Terms, each Party’s rights and obligations will

cease immediately, but termination will not affect: (1) either Party’s rights and obligations

accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to

survive termination or by a reasonable reading of its context will survive its termination.

Governing Law. These Terms are governed exclusively by the laws of Indiana without

regard to conflict-of-laws principles of any jurisdiction.

Dispute Resolution. If any dispute arises under these Terms, the Parties will use all

reasonable efforts to resolve the dispute through informal direct communications.

Courts. If the Parties are unable to resolve a dispute through informal direct

communications within 60 days following a Party’s notice of dispute sent to the other

Party, any claim arising from these Terms will be resolved exclusively by the state or

federal courts located in IN County, Indiana, which neither Party will challenge based on

forum non conveniens or similar doctrine. Neither Party will bring any legal action against

the other Party as any part of a class, group, representative, or private attorney general

action.

Equitable Relief. Either Party may seek injunctive or other equitable relief to remedy any

actual or threatened breach of these Terms.

Further Assurances. Each Party will perform additional acts as necessary to effect these

Terms. The Parties will address together in good faith any unforeseen issues that arise

from these Terms with a view to mitigating any material adverse impact on either Party.

Entire Agreement. These Terms, which include the Travel Client Agreement, represent the

entire agreement and supersede all prior agreements between the Parties regarding their

subject matter, written or oral, express or implied.

Sun Day Travel, LLC SELLER OF TRAVEL CREDENTIALS

Fla. Seller of Travel Ref. No. ST-45089

​

 

 

“Traveler” means you and all Travelers on the same booking who share the same household under these Terms.

 

“Travel Services” means travel products and services provided to you by Suppliers, including hotel accommodations, air transportation, cruises, car rentals, tours, activities, and similar products and services involving any type of leisure, business, or other travel under these Terms.

 

TRAVELERS

• By your signature or payment authorization, you agree to these Terms, including without limitation all cancellation policies, on behalf of yourself and each Traveler on the same booking who share the same household with you.

• You are the Lead Traveler—you represent all Travelers on the same booking who share the same household with you.

• By your signature or payment authorization, you confirm to Agency that you have:

  • Shared these Terms with all Travelers; and

  • Obtained written confirmation that each Traveler has agreed to these Terms, which confirmations you will promptly deliver to Agency.

• You are responsible for booking, confirming, and paying for all reservations sufficiently prior to travel dates to ensure availability, avoid late-booking fees, and avoid fare increases.

• You acknowledge the text of these Terms is conspicuous.

• You are responsible for understanding these Terms—please read them carefully before accepting Booking Services or Travel Services.

• If you do not understand any part of these Terms, please contact Agency in writing to request clarification.

 

AGENCY

• Agency is a travel agent who provides Booking Services (not Travel Services) to you.

• Agency reserves the right at any time to correct errors or omissions regarding pricing or any other matters regarding your travel booking.

SUPPLIERS

• Suppliers are independent companies who provide Travel Services to you.

• Suppliers operate under their own terms, conditions, and management.

• Your travel documentation identifies each Supplier responsible for providing your Travel Services.

• By paying for Travel Services, you consent to the use of those Suppliers.

• All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier.

• Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with terms imposed by any Supplier with which you elect to deal, including without limitation payment of all amounts when due and compliance with Supplier’s rules and restrictions regarding availability and use of Travel Services.

• You understand that any violation of Suppliers’ terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any monies paid. If any such violation results in fees or penalties to Agency, you agree to cover all such actual costs.

• Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.

• Suppliers are not subject to Agency’s control—they are not employees, agents, representatives, or affiliates of Agency.

• Agency is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or willful or negligent acts, errors, or omissions, which may result in delays, inconvenience, costs, loss, damage, injury, or death to Travelers or Travelers’ companions.

• If a Supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. It might continue to provide some or all Travel Services, or it may stop operations completely.

• Other Suppliers may, but are not required to, provide alternative Travel Services.

• Payments to Agency immediately become the property of Suppliers, as required by law.

• Agency is not permitted to provide refunds for Suppliers who have declared bankruptcy.

• Agency has no special knowledge about the financial condition of Suppliers.

• Agency has no liability for recommending a trip credit or a refund.

• All Supplier promotions, incentives, and offers are subject to Supplier availability, which may change at any time without notice.

•  

• RATES & INCLUSIONS

• Quoted rates are based on the precise inclusions Agency provides to you in writing.

• Unless specifically itemized on your travel documentation, rates do not include other Travelers’ costs, fees, or taxes related to:

• Airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes, without limitation; or

• Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical tests or treatment, vaccinations, pharmaceuticals, supplements, or any other charges of a personal nature, without limitation.

•  

• PERSONAL INFORMATION

• You consent to Agency and Supplier use of your personal information.

• You understand that, as part of booking any Travel Services, certain personal information may be conveyed to third parties to accommodate your travel.

• Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.

• Agency has no liability regarding the distribution of your information to any Supplier or any Supplier’s failure to protect your personal information.

• You authorize Agency to keep your personal information for as long as needed to provide Booking Services and for a reasonable period thereafter for Agency’s legal or business purposes.

•  

• RESERVATIONS & PAYMENT

• You authorize Agency to charge your credit card, debit card, or other means of payment for all charges associated with your travel booking.

• Traveler payments to Agency in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.

• Agency payments to Suppliers will be converted at then-current exchange rates between USD and the currency in Supplier’s country.

• All Supplier prices are subject to change, including changes based on currency exchange-rate fluctuations.

• Agency has no responsibility for Supplier price changes, currency fluctuations, or surcharges or fees relating to foreign-currency transactions.

• A purchase of Travel Services is not complete until all deposits and other amounts due have been paid and processed and you receive a written booking confirmation.

• If you do not make payments by their due date, Suppliers may cancel your booking in whole or part, which may result in deposits or previous payments becoming NON-REFUNDABLE.

• You are responsible for Supplier price increases, fees, or penalties incurred as a result of your late payment. Agency has no responsibility for such price increases, fees, or penalties.

• Agency reserves the right to cancel your booking if Agency does not receive full payment for Booking Services or Travel Services within a reasonable time, in Agency’s sole discretion.

• If rebooking is requested, Agency will assist with obtaining any refunds due to rebooking trips (e.g., using future cruise credits), but Agency may, in its sole discretion, charge a NON-REFUNDABLE FEE for that Booking Service.

​

​CHANGES & CANCELLATIONS

• You agree to comply with the terms and conditions of Suppliers regarding your Travel Services, and changes thereto, and you agree to pay any applicable change or cancellation fees.

• If you change or cancel a reservation or booking, you may be subject to:

• Agency fees of USD 50.00 Per person, per leg of trip ;AND

• Supplier fees, charges, or penalties.

• NO REFUNDS will apply to any cancelled, unused, or partially used Travel Service.

• Hotels may not permit changes to or cancellation of reservations, subject to the terms and conditions of the hotel reservation.

• All charges are non-refundable. Any credits or refunds must be processed through travel insurance. No refunds, no exceptions.

​

NO SHOWS

• Failure to travel or show up for any reservation or booking is considered a “no show.”

• No show penalties will equal amounts up to the entire cost of travel, subject to terms and conditions of Supplier and Agency policies.

REFUNDS, CHARGEBACKS, AND ADJUSTMENTS

• You will deliver to Agency in writing any claim for refund or adjustment.

• Full details and proof of payment documentation must accompany all claims.

• You may not be entitled to a refund if you change or cancel your travel plans after: (1) a confirmation of the booking; or (2) payment for a booking.

• Refunds are subject to Supplier terms and conditions.

• Suppliers may not issue refunds for cancellation due to actual, threatened, or fear of potential terrorist events, political unrest, pandemic or health concerns, or similar circumstances. Please carefully review Supplier terms and conditions.

• You waive any right to a chargeback in case of cancellation (except for fraud), including any force majeure event (as described below).

• If you attempt a chargeback, reverse charge, or recollection of a payment already made without Agency’s authorization, Agency reserves the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including without limitation attorney’s fees and legal costs.

•  

• ACCOMMODATIONS

• Hotel accommodation is subject to availability at the time of reservation.

• Some hotels require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking. In such cases, Agency will notify you regarding the NON-REFUNDABLE pre-payment for that portion of your travel.

• Amenities such as air conditioning, elevators, bed size, and similar preferences are not guaranteed at all properties. In addition, even if a property has amenities such as air conditioning, elevators, restaurants, bars, fitness facilities, or pools, such amenities are not guaranteed to be operational or available during your stay.

• Reimbursement for lack of amenities is solely the responsibility of the hotel.

• Agency may elect to act as an intermediary, but it is not responsible for such reimbursement under any circumstances.

•  

• AIR TRAVEL

• Most airlines consider a name-change to be a cancellation.

• You are responsible for excess baggage fees. Travelers are responsible to confirm airline baggage allowances for all flights.

• International flights may have different requirements than domestic flights.

• Tickets of any kind are payable in full at the time of booking.

• Airline tickets, once purchased, may be NON-REFUNDABLE and NON-EXCHANGEABLE, subject to Supplier terms and conditions.

• Agency is not responsible for any loss, injury, accident, error, or omission that may occur, including without limitation schedule changes, additional expenses, delays, and cancellations due to weather conditions, equipment failure or repair, or other matters beyond Agency’s control.

• You agree to comply with safety guidelines of all airlines and hold Agency harmless from any liability due to airline restrictions.

• Airline pre-arranged seat assignments, baggage, carry-ons, meals, drinks, and other services may be subject to additional fees.

• Agency cannot guarantee seats in specific locations or next to each other. Seat assignments are strictly based on availability at the time seats are being selected and paid for.

• Airlines retain the right to change aircraft and seat assignments at any time.

• Agency is not responsible for any changes made by airlines or any additional charges imposed by airlines for any changes to seat assignments after selection and payment.

 

TRAVEL INSURANCE

• Agency strongly recommends that each Traveler purchases comprehensive travel insurance.

• If you decline to purchase travel insurance that includes coverage for emergency and medical needs while traveling and coverage for travel delays, you assume all personal risk and financial loss if you cancel your travel or incur costs or losses during the course of travel.

• You understand that concerns or fear of pandemics or epidemics are not a covered reason under some travel insurance policies.

• Insurance policies may exclude coverage for pandemics and epidemics.

• Insurance claims will only be paid for covered matters, as stated in the insurance policy.

• You hold Agency harmless for your election not to purchase travel insurance and for any denial of any claim by any insurer for any reason.

 

TRAVELER CONDUCT

• You are responsible for any damage or loss caused by any Traveler acts, errors, or omissions.

• You are responsible for full payment for any such damage or loss directly to Supplier or provider of any Travel Services or goods or services relating thereto.

• You indemnify Agency for all amounts of any claim made against Agency, including without limitation attorney’s fees and other legal costs, relating to Traveler acts, errors, or omissions.

• Agency is not responsible for any costs relating to Traveler conduct, Traveler removal from any Travel Services, in whole or part, based on Traveler’s negligence, willful misconduct, or otherwise.

• You agree not to hold Agency, its owners, employees, agents, or representatives accountable for any claims arising from Traveler acts, errors, or omissions.

• Any Authorized Party (defined below) may, in its sole discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes:

  • You are a danger to yourself or any other participant;

  • You have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party; or

  • You do not follow any rule, procedure, or instruction of an Authorized Party.

• If you are subject to any determination of an Authorized Party described above:

  • You may be left at any location, city, port, or place any mode of transport stops;

  • You will be solely responsible for all costs relating to your subsequent subsistence, accommodation, or transportation;

  • You will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and

  • No Authorized Party will have any direct or indirect liability of any kind relating to Traveler’s acts, errors, or omissions.

  • “Authorized Party” means any Supplier or any of its agents, representatives, or sub-suppliers of Travel Services or goods or services related thereto, including without limitation any ship operator, ship captain, tour operator, tour director, group leader, or crew member.

  • You are solely responsible at all times for your baggage and personal items, including items acquired during your travel.