YOUR AGREEMENT WITH MOMENTS OF SONDER, LLC.
Welcome to Moments of Sonder Travel. Before we make arrangements for your flight, hotel, car rental, tour, cruise, or other trip activities and/ or details, we require that you (“Customer”) acknowledge your agreement with the following terms and conditions:
Please thoroughly review these terms and conditions of Moments of Sonder Travel, Moments of Sonder, LLC. and MomentsofSonderTravel.com, herein referred to as Moments of Sonder Travel. You, as the Customer, by accepting this receipt, reviewing an itinerary created by Moment of Sonder Travel and/or making payment to Moments of Sonder Travel, acknowledges that you have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services. These conditions apply to yourself, your family or traveling companions that you represent or make payments on their behalf.
Moments of Sonder Travel offers retail travel services to customers, which are provided by separate and independent vendors of travel services (“Supplier(s)”). Moments of Sonder Travel acts only as a sales agent for any airline, air charter, boat purveyor/owner, bus company, car-rental company, cruise line, ground operator, ground transportation, hotel, tour operator, shore excursion, attractions, or other travel Suppliers who provide goods or services for the Customer trip.Suppliers may also engage the services of local operators and sub-contractors. Each of these Supplier companies is an independent entity with its own management and is not subject to the control of Moments of Sonder Travel.
You are advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consent to the use of those suppliers, and understand and agree each supplier’s Terms and Conditions are set forth on their respective websites, which govern the transaction. All bookings are accepted by Moments of Sonder Travel as a booking agent for services provided by the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on the Suppliers’ respective websites.
Limitation of Responsibility and Disclosure: While Moments of Sonder Travel prides itself on selecting top quality Suppliers, we assume no responsibility for and shall not be liable for any refund, cancellations, delays, diversions or substitution of equipment; loss or damage to baggage or property; injury, illness, or death; or any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, errors, omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers and/or their respective employees, agents, servants, or representatives, or (3) any wrongful or negligent acts or omissions on the part of any other person or party not a employed by Moments of Sonder Travel or under the exclusive control of Moments of Sonder Travel. Moments of Sonder Travel hereby disclaims any liability whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special consequential, incidental or indirect damages, in connection with the goods or services provided by any supplier booking through Moments of Sonder Travel or through this web site. Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Customer acknowledges and agrees that Moments of Sonder Travel is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections, their failure to deliver or their partial or inadequate delivery of services, fuel increases, and other matters outside of Moments of Sonder Travel’s control, and you hereby exonerate Moments of Sonder Travel from any liability with respect to the same.
Air carriers, rail, coach & ship cruise companies are not to be held responsible for any act, omissions, or events during the times that passengers are not aboard their aircraft or conveyances. Moments of Sonder Travel are not responsible for any criminal conduct by third parties.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Moments of Sonder Travel’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by Suppliers and your travel insurance company, which is beyond the control of Moments of Sonder Travel.
Moments of Sonder Travel reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time.
Moments of Sonder Travel shall not assume any responsibility for any air and/or ground schedule changes. Moments of Sonder Travel has solely received commission and fees for travel transactions and customer agrees and understands that any recovery from Moments of Sonder Travel will be limited to the commission and fees paid by customer actually received by Moments of Sonder Travel.
The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some cases, exclude the carrier’s liability to travelers. Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, our maximum liability is the maximum which would be payable by the carrier, or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (for example: the Warsaw Convention, the Montreal Convention for international travel by air etc.) in that situation.
Force Majeure: “Force Majeure” means, in relation to Moments of Sonder Travel, any circumstances beyond the reasonable control of Moments of Sonder Travel, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Moments of Sonder Travel shall not be deemed to be in breach of these terms and conditions, nor shall Moments of Sonder Travell be liable for any delay or non-performance of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure. Moments of Sonder Travel shall not be held responsible or liable in any way due to any Force Majeure, including death, bodily injury, illness, damage, delay, or other losses caused by such events. Additionally, Moments of Sonder Travel shall not be responsible for any loss or damage incurred by you as a result of any Supplier’s inability to fulfill its obligations due to unusual or unforeseeable circumstances (a “force majeure event”) beyond the control of the affected party.
THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
If Moments of Sonder Travel, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Moments of Sonder Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Moments of Sonder Travel shall use its reasonable efforts to reimburse you where possible. However, Moments of Sonder Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Moments of Sonder Travel of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Moments of Sonder Travel has investigated the prevailing situation, as it deems fit, it shall remain in Moments of Sonder Travel’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to Moments of Sonder Travel’s and each supplier’s terms and conditions.
Pricing, Payments and Cancellations: Customer acknowledges and understands that cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms. Pricing and availability may change without notice. Customer agrees that Moments of Sonder Travel is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Moments of Sonder Travel responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Moments of Sonder Travel harmless for any actions or damages arising from Supplier pricing.
Prices are not subject to increase after you make full payment; however, a price increase may apply due to changes in: transportation costs e.g. fuel, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and Moments of Sonder Travel, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations. Customer acknowledge and consent to any post-purchase price increases in relation to the above paragraph. All advertised prices and costs are in U.S. currency, unless noted otherwise. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited.
When making payments on the Site, you may be required to enter your payment card details and authorize Moments of Sonder LLC or its partners to process transactions. By entering such details, you agree to:
- Authorize the processing of your payment by your designated travel advisor for travel-related services;
- Resolve any disputes directly with the relevant parties, including travel suppliers or your travel advisor;
- Handle payment information securely and comply with applicable data protection regulations.
- Moments of Sonder LLC uses third-party payment processors that comply with PCI-DSS standards to ensure the security of your payment information.
All payments for services are processed by third-party payment processors that comply with industry-standard security protocols.
In some cases, there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to Moments of Sonder Travel in writing.
As a result of cancellation, Moments of Sonder Travel’s and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, each supplier’s Web sites and these terms and conditions. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your Moments of Sonder Travel agent. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund.
Use of Moments of Sonder Travel Access and Information for Travel Bookings: Customer warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Moments of Sonder Travel by any means, including our website and/or travel platform, in accordance with all terms and conditions herein. Customer acknowledges and agrees to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Moments of Sonder Travel communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Moments of Sonder Travel is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Customer acknowledges and agrees that the travel services reservations facilities provided by Moments of Sonder Travel shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Customer acknowledges and agrees to abide by the terms and conditions of purchase imposed by Moments of Sonder Travel and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Moments of Sonder Travel debiting your account for any costs Moments of Sonder Travel incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Moments of Sonder Travel.
Passports, Visas & Entry Requirements: Each Customer is responsible for determining the passport, visa, identification, and entry requirements that apply to them. Requirements are subject to change, often without notice, and Moments of Sonder Travel suggests you verify requirements with the relevant embassy or consulate. Check the U.S State USA Department site: http://travel.state.gov, for relevant information relating to travel to specific destinations. Ultimately, it is the responsibility of each traveler to understand and comply with all entry requirements, including acquiring and carrying the proper travel documents and paying any Entry & Exit Fees required by applicable government regulations.
Passports: In general, passports are required for all citizens of the U.S. and other countries traveling abroad. Moments of Sonder Travel strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Depending on the destination, your passport may need to be valid for a longer than six months after your date of return, or you may be denied entry. Some countries also require a specific number of blank visa pages in your passport. Non-United States citizens may require additional documentation. (Customer is responsible to make Moments of Sonder Travel aware when traveling on a passport from a country other than the USA.) Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms.
When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license (REAL ID), USA Passport, a foreign government passport.
The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each Supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
The names of all travelers must be provided to us exactly as they appear on their passport, including titles such as Jr. or Sr. and any multiple first, middle, or last names, when you are providing Moment of Sonder Travel your booking information. The name, date of birth and gender that appears on the passport, identification card or other acceptable identification must exactly match the same data that is listed on airline ticket(s) and booking records. Any errors that are not corrected prior to travel could prevent you from boarding your flights or your entry to some countries and may require the purchase of new airfare. For some itineraries, you may need to send Moment of Sonder Travel color copies of each travelers’ passport photo/signature page within 5 days of booking or with your final payment, whichever is sooner. If we do not receive this promptly, your booking may be subject to cancellation.
Travel Visas, Immunizations & Other Documents: Travel visas are required for many countries. For information regarding the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States, visit the US State Department website or contact your embassy and http://www.uscis.gov/ for non-USA citizens. You are responsible for determining the visa requirements that apply to you for your travels. Moments of Sonder Travel neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Moments of Sonder Travel is not responsible for lost payments made toward the contemplated trip.
Some countries also require proof of immunization against certain diseases, and minors (children under age of 18) traveling without parents, with only one parent, or with a parent of a different surname may be required to provide other documents. Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodations for security rules imposed by government authorities. Moments of Sonder Travel shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Moments of Sonder Travel will not be held responsible for any trip interruptions, cancellations, or costs incurred by failure to comply with these requirements.
When you receive any and all travel documents, it is the sole responsibility of the Customer to review and verify all information. Contact Moments of Sonder Travel immediately if changes or corrections are required.
Entry & Exit Fees: Some countries, airports, or ports may require the payment of entry or exit fees, border crossing fees, or other taxes or fees upon arrival or departure, which must be paid directly by the traveler and cannot be included in the pricing included in itineraries and/or quotes provided by Moments of Sonder Travel. You are responsible for payment of these fees. In some cases, these may be paid by credit card, but others may only be payable in U.S. or local currency. We do our best to inform you of such fees when you book and/or prior to travel, but Moments of Sonder Travel is not responsible for omissions or errors.
Other Entry & Exit Requirements: Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. Moments of Sonder Travel will not be held responsible for any trip interruptions, cancellations, or costs incurred by failure to comply with these requirements.
Booking Accuracy/Legal Names: Customer is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking confirmation. Please notify Moments of Sonder Travel immediately if any omissions and/or corrections are needed regarding the booking details. Customer voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. The name, date of birth and gender that appears on your passport or government issued ID must exactly match the same data that is listed on airline ticket(s) and booking records.
Travel Risk and Safety: Travel to certain destinations may involve greater risk than others. Moments of Sonder Travel has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, climate extremes, or the suitability for disabled persons of any portion of any tour at locations to which you may travel. Moments of Sonder Travel urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For information concerning possible dangers at destinations, we recommend you contact the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, we recommend you contact the Centers for Disease Control at (800) CDC-INFO or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release Moments of Sonder Travel from all claims arising out of any problem covered in this paragraph, and to submit all other claims against us within 30 days after the return of your trip. You agree that all suits in connection with, or incident to, this agreement shall be litigated, if at all, in the courts in Contra Costa County, CA which will serve as the exclusive jurisdiction for all claims brought by you or Moments of Sonder Travel and you hereby submit to the personal jurisdiction of those courts.
Local Laws: During travel, you must always comply with the laws and regulations of all places visited. Committing any illegal act may result in cancellation for your trip and puts you at risk of fines or punishment by local authorities, for which Moments of Sonder Travel cannot be held responsible.
Power of Attorney: As our client, you hereby appoint Moments of Sonder Travel to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, insurance and hotel guarantees. You authorize any of the attorneys-in-fact to authorize credit card authorizations for said purchases whenever any of them receives an online, phone, or email booking request reasonably believed to be from you or someone acting on your behalf, requesting travel arrangements be charged to this credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney.
Information on Website: The content and images contained on this website, including downloadable files, are protected by copyright. You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage in the resale, redistribution, and use of the information on this website for commercial purposes. This website may contain third-party links and pointers which are included solely for your convenience and do not constitute any endorsement by Moments of Sonder Travel and/or our Suppliers. While every effort has been made to ensure the accuracy and completeness of this information, Moments of Sonder Travel is not responsible for the accuracy of the information, or the contents of the websites.
Electronic or handwritten signature: Both parties agree that you may acknowledge and agree to these Terms: (a) electronically; (b) by handwritten signature; (c) by any other electronic means, including without limitation acknowledgement via email acceptance of these Terms; or (d) by your implied consent deemed via your actions which shall include without limitation the payment of the invoice and/ or your use of the services provided by Moments of Sonder Travel or any other travel supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this agreement.
Travel insurance protection is strongly recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel insurance to cover certain risks inherent in travel to protect against THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. By declining appropriate travel insurance, Customer acknowledges and accepts liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.
If purchasing travel insurance, we urge you to thoroughly read your policy’s confirmation of benefits. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim. Please note that the travel insurance provider may not be allowed to discuss your claim with Moments of Sonder Travel due to privacy laws (e.g. HIPAA). Customer acknowledge and agree that Moments of Sonder Travel has no control over the travel insurance provider or its coverage decisions, and as a result Moments of Sonder Travel is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
General: The laws of the State of California, USA, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Contra Costa County, CA, USA, in all disputes arising out of or relating to travel bookings with Moments of Sonder Travel, including the use of the Moments of Sonder Travel website. Use of the Moments of Sonder Travel Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Moments of Sonder Travel with respect to travel bookings made with Moments of Sonder Travel by any means accessing such information, including its’ Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer/Passenger and Moments of Sonder Travel with respect to communications with Moments of Sonder Travel, including the Moments of Sonder Travel website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
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