LAST UPDATED April 11th, 2025
Vaykay Travel Co LLC, doing business as Vaykay Travel Co LLC, (“Vaykay Travel Co LLC,” “we,” “us,” “our”) is a Nevada Limited Liability Company agency, an affiliate of Fora Travel offering memorable waterfront getaways to the world's most stunning coastal retreats for our discerning clients (“you,” “traveler,” or “participant”). Our travel planners plan seamless journeys, rich in experience, and memory making. We’re committed to delivering the best service so that you can spend more time enjoying your vacation and less time stressing about the details. Unleash your wanderlust with Vaykay Travel Co!
- CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, services agreement, documents, correspondence as well as the terms and conditions of the suppliers (collectively, “Terms and Conditions”), which form the basis of this legally binding contract with you. Before making a booking with us you must ensure that you have read and understand these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability, waiver of class action, and venue selection and notice clauses. By asking us to confirm your booking or otherwise utilizing our services in connection with your travel, you are accepting all of the Terms and Conditions laid out herein and acknowledging that you have read the terms of this contract and agree with them. If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.
If you are making a booking as a family, couple, or are the lead guest of a part of a group, you are responsible for sharing these Terms and Conditions with all travelers joining you and are financially responsible for the booking. We will not be liable for your failure to share these Terms and Conditions with all travelers in your family or group.
You represent and warrant that (a) you are of sufficient age to use our services and website, (b) you can create binding legal obligations in connection with your use, (c) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (d) the information supplied by you or members of your group is true and correct.
- VIOLATIONS BY YOU. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable Travel Product.
- CHANGES TO THESE TERMS AND CONDITIONS. Vaykay Travel Co LLC reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted on our website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions have changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.
- BOOKING/PAYMENT. When you are ready to start your next travel adventure simply contact us either by email, phone or by filling out the contact information on the website at https://vaykaytravelco.com. We will either reach out by phone or email to discuss your travel request. We will also discuss how we work, and how we are able to help your travel dreams come to fruition. Once we agree that we’re a good fit and receive your Nonrefundable Planning Fee (described below, if applicable), we will begin researching and crafting your custom proposal based on our conversation and your responses. Once you have reviewed your proposal, we will be in contact with you to discuss any questions or concerns that you may have. With our custom process, we want to be sure that our proposed options match your vacation needs. When you have made your proposal selection and confirmed which itinerary you would like, we will move forward with booking your itinerary. Please note that all pricing is subject to change until the itinerary has been confirmed. If traveling internationally, we may require that you provide us with additional information in connection with your trip and traveling party.
To confirm your booking, you will also be asked to approve or deny travel insurance protection and complete a credit card authorization form where you will enter your credit card information and authorize Vaykay Travel Co LLC to utilize your credit card information to place deposits (or final payment, if within the final payment deadline) on your requested Travel Products paid directly to the Supplier(s). We require your acknowledgement and agreement to these Terms and Conditions in connection with the foregoing. Upon receipt of the confirmation for your paid deposit (or final payment, as applicable), we will provide you with your booking confirmation and payment receipt. Within the booking confirmation you will also find the supplier terms and conditions. Be mindful of any Supplier policies regarding changes or cancellations to the dates or destination(s), as some changes and cancellations may incur change fees from the Supplier(s). Once your booking(s) is confirmed, we will provide you with information on next steps including instructions for all payments and all due dates. We will also provide you with final payment reminders in advance of your final payment(s). You must complete all requested authorizations on time in order for us to make payments in full and on time.
If you are booking within 60 days of the departure date, full payment may be due at the time of booking. If full payment is not received by the due date we provide you, we reserve the right to cancel your travel and apply any cancellation charges set out in the cancellation section below (in our sole discretion). Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms as described below would be in effect; supplier’s cancellation fees may apply as well. Traveler understands that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional money. Your amount being owed is subject to change until you receive confirmation that your travel plans are paid in full. Deposits are typically NON-REFUNDABLE, unless stated otherwise in the terms and conditions of the Supplier.
Some travel packages have the option of adding travel protection insurance, while other travel packages will require us to provide insurance quotes separately. If insurance is not listed as an inclusion, you will need to obtain travel protection insurance separately. For this reason, we will work to get travel insurance options to you immediately upon booking with us, as we highly encourage the purchase of travel protection insurance.
Prior to your trip, we will present you with your final custom itinerary containing a summary of all travel confirmations, estimated pricing and destination information. Certain suppliers may provide additional information (including on-site contacts) and updates closer in time to your time of travel. If that is the case, we will update your itinerary with the new information, and you will see the updates in real time on the itinerary app. We can assist in walking you through the process to download the itinerary app and review your itinerary with you in detail prior to you embarking on your travel journey upon your request. When you are traveling, we will check in with you and while you travel, we will be available for any assistance you may need.
- PLANNING FEES. Although our work on your travel experience begins when you agree to book your travel with us, the planning process begins long before that. We pride ourselves on years of experience planning travel, educating ourselves, building relationships, and networking with our suppliers to provide our clients with the best options for their travel needs. Our custom proposals often take many hours of planning, researching, and communicating with suppliers to confirm the custom details for your travel plans. To compensate for our experience, time, and effort, we charge a planning fee that varies depending on the type of group, length of stay, destination(s), number of travelers in the group, extent of planning involved, and the general complexity of your trip. You agree to full payment of our planning fee prior to receipt of any proposal. Included in your planning fee is three rounds of revisions to a proposed itinerary. Additional revisions may incur an additional charge. Our planning fees are always NON-REFUNDABLE, regardless of whether you choose to book with us, or cancel for any reason.
- SCOPE/AGENCY. Vaykay Travel Co LLC does not provide, own, manage, operate, supervise, or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruises, tours and excursions, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties, such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Supplier(s)”). The Suppliers are solely responsible for the Travel Products, which include, without limitation, any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so by booking with us you agree to and understand all Supplier’s terms and conditions and privacy policies. Your interaction with any Supplier is at your own risk; Vaykay Travel Co LLC does not bear any responsibility should anything go wrong with your booking or during your travel. as the traveler you agree that Vaykay Travel Co LLC acts only as the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the traveler’s benefit, and on the express condition that Vaykay Travel Co LLC shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith. Please review all documents, including the cancellation policies and terms and conditions of your Suppliers, carefully and promptly, as we will not be responsible for any errors or for your unawareness of a Supplier’s terms.
AS THE TRAVELER, YOU AGREE THAT VAYKAY TRAVEL CO ACTS ONLY AS AGENT FOR YOU IN ACQUIRING TRANSPORTATION, HOTEL ACCOMMODATIONS, CRUISES, SIGHTSEEING AND OTHER TRAVEL PRODUCTS, PRIVILEGES OR SERVICES FOR THE TRAVELER’S BENEFIT, AND ON THE EXPRESS CONDITION THAT SHALL NOT BE RESPONSIBLE FOR ANY ACT, OMISSION, NEGLIGENCE, BANKRUPTCY, INSOLVENCY OR DEFAULT OF ANY SUPPLIER, COMPANY OR PERSON ENGAGED IN OR RESPONSIBLE FOR ANY TRAVEL PRODUCTS, OR OTHERWISE IN CONNECTION THEREWITH. TRAVELER FURTHER AGREES THAT VAYKAY TRAVEL CO LLC SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH VAYKAY TRAVEL CO LLC. SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS.
- AIRFARE. DISCLAIMER. Your contract for airfare (e.g., for domestic, international and/or charter flights) is with the air carrier, charterer, or other operator or owner of the aircraft, subject to its terms and conditions, and we will not be liable for any fees or expenses, including without limitation, change fees, baggage fees, cancellation fees or any other additional costs you incur with the air Supplier. For charter trips/flights, please be aware the charter operator can legally change (with limited notice) departure times up to forty-eight (48) hours, and flights advertised as non-stop may be changed to make intermediate stops. Suppliers can substitute types of aircraft and even airlines, and have limited, if any, responsibility for baggage delays or losses, and have very stiff cancellation penalties. In addition, frequent flyer miles may or may not be accrued and advance seat assignments may not be available. We have no liability, responsibility or obligation in connection with any costs incurred with the foregoing, or any airfare component of your trip generally.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time:
https://www.transportation.gov/airconsumer/spray
BAGGAGE FEES. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. We are NOT responsible for additional fees incurred for baggage or seating.
RE-CONFIRM YOUR FLIGHT. We advise you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
HAZARDOUS MATERIALS. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
- TRAVELER INFORMATION. Names provided to secure reservations must match travelers’ respective passports and government issued identification. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections.
- CREDIT CARD BOOKINGS. While we do accept most major credit cards, travelers must provide us with a clickwrap (checkbox) or signed authorization for every transaction for your travel. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions, including without limitation the cancellation and chargeback terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Vaykay Travel Co LLC retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used;
- 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;
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Vaykay Travel Co LLC or the Supplier;
- Chargebacks resulting because you do not agree with the cancellation policy; or
- Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.
- PRICE AND RATE CHANGES. The price listed on your proposal, itinerary, or on our website is based on known costs at the date of issue of the proposal, itinerary, or posting to our website. All prices we advertise are accurate as of the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an authorization or invoice reflecting the current price and particular inclusions.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase in your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our Suppliers, dues or taxes payable locally, currency fluctuations, fuel costs, airport chares, port fees, or government actions. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment, your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware, and of the then-applicable price at the time of booking.
- CHANGES & CANCELLATIONS BY TRAVELER.
Changes by Traveler. Since changes may be considered cancelled services, additional cancellation penalties may apply. Changes are subject to additional Supplier charges, are based on availability, and may incur additional fees. Changes to airfare or other ticket contracts are subject to the air carrier or other applicable Supplier’s terms and conditions.
For certain changes, we may reserve the right to charge a change fee to the client.
Cancellations by Traveler. Cancellation of travel must be made in writing and is effective from the date we receive the written notification. Any planning fees paid to us prior to cancellation are always NON-REFUNDABLE. For certain travel bookings we may (in our sole discretion) charge a cancellation fee. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not Vaykay Travel Co LLC. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, or for Supplier bankruptcy or insolvency.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refunds. Cancellation policies for cruises vary by cruise line. You will be advised of their cancellation policy at the time of booking and in your booking confirmation. If you are ever curious about the Supplier’s cancellation policies, please be sure to inquire with us prior to booking any itinerary with us.
- CHANGES AND CANCELLATION BY THE SUPPLIER. We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability, obligation or responsibility to you.
If between planning time and/or during actual travel, circumstances require changes, Vaykay Travel Co LLC and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to hotels and accommodations of comparable quality, air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Vaykay Travel Co LLC cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
- NO REFUND FOR UNUSED ARRANGEMENTS. As our prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
- FORCE MAJEURE. Vaykay Travel Co LLC assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Vaykay Travel Co LLC that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by Vaykay Travel Co LLC.
- TRAVEL PROTECTION INSURANCE. It is the traveler’s responsibility to protect their purchases, but travel insurance is not included in the cost of your trip. For this reason, Travel Protection Coverage including additional “cancel for any reason” coverage (or something similar) is strongly recommended. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection plans can help protect you in the event of loss of non-refundable deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage should be purchased in close conjunction with your travel purchase.
Vaykay Travel Co LLC works with many qualified travel protection insurance agencies and can provide a quote. However, we are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Vaykay Travel Co LLC cannot evaluate the adequacy of the prospective insured's existing insurance coverage and cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy it may offer or quote. If you have any questions about your travel protection, call your insurer, insurance agent or broker.
If you decline travel protection insurance, we kindly ask that you complete our travel insurance waiver within fourteen (14) days of your initial travel booking deposit. If you decline travel protection insurance, you understand that travel protection insurance is NOT included in your booking, and you fully understand our cancellation policies, the Supplier cancellation policies, and all possible losses that can occur without adequate protection.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Vaykay Travel Co LLC cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising.
- DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Vaykay Travel Co LLC urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at https://travel.state.gov/content/travel.html and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including without limitation any COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. Should you choose to travel to a country that has been issued a travel warning or advisory, Vaykay Travel Co LLC will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA 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, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass through TSA security checkpoints—even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Vaykay Travel Co LLC strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. 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 visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.
Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Vaykay Travel Co LLC shall not be liable for any losses, expenses, or refunds to you or anyone in your group. In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
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 traveler to miss flight(s), and subsequent scheduled travel bookings trips. Vaykay Travel Co LLC bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
- NON-RESPONSIBILITY. Vaykay Travel Co LLC and its members, managers, president, owner(s), employees, affiliates, agents, and representatives. (“Representatives”) use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Vaykay Travel Co LLC is an independent contractor and is not a Representative of any of these Suppliers. Vaykay Travel Co LLC does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not Representatives of Vaykay Travel Co LLC. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Vaykay Travel Co LLC, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Vaykay Travel Co LLC in the event any third-party providers or healthcare professionals seek to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Vaykay Travel Co LLC assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Vaykay Travel Co LLC assumes no responsibility or liability for personal property; and Vaykay Travel Co LLC shall be entirely relieved of any liability, responsibility or obligations under these Terms and Conditions in the event of any force majeure. Vaykay Travel Co LLC accepts no responsibility for lost or stolen items. Vaykay Travel Co LLC reserves the right to refuse any traveler or potential traveler at its sole discretion. Traveler understands and agrees that Vaykay Travel Co LLC shall only be subject to limited recovery in the amount of commissions and/or fees Vaykay Travel Co LLC earned and received from traveler’s booking and nothing more.
- ASSUMPTION OF RISK/WAIVER. Traveler is aware that travel to such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor and conveyance vehicle collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Vaykay Travel Co LLC and its 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, illnesses caused by COVID-19 (or other pandemics, diseases, viruses, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any 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.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by Vaykay Travel Co LLC, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF VAYKAY TRAVEL CO AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE VAYKAY TRAVEL CO LLC, AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF VAYKAY TRAVEL CO AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE VAYKAY TRAVEL CO LLC AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING VAYKAY TRAVEL CO LLC. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS ASSUMPTION OF RISK/WAIVER PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.
- INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Vaykay Travel Co LLC and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Vaykay Travel Co LLC or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip, (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
- YOUR BEHAVIOR. Each traveler in any trip planned by Vaykay Travel Co LLC is expected to act responsibly and adhere to all behavior guidelines established by the Suppliers. All Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places you visit. In any such case, there will be no refund. When you book with Vaykay Travel Co LLC, you accept responsibility for any damage or loss caused by you or anyone traveling with you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Vaykay Travel Co LLC or any of its related entities liable for any actions taken under these Terms and Conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.
- HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your travel plans, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Vaykay Travel Co LLC will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Vaykay Travel Co LLC at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding, embarkation, or access to a supplier, travel product, or service due to pregnancy, Vaykay Travel Co LLC shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with.
- PHOTOGRAPHIC & VIDEO LIKENESS; FEEDBACK. Traveler hereby gives consent and grants to Vaykay Travel Co LLC a royalty-free, perpetual, and irrevocable license to publish any photographs, videos, testimonials or feedback of the tour, trip, or traveler in printed or electronic media that is provided to Vaykay Travel Co LLC or in which Vaykay Travel Co LLC is tagged or identified on any social media platform or application without obtaining further consent and without compensation. Traveler releases Vaykay Travel Co LLC and its representatives from any liability in connection with any use of such photographs and/or video. Notwithstanding the foregoing, if a traveler desires to have a specific photo or video removed from our website or social media, please request said removal per the email below.
- CLASS ACTION WAIVER & LIMITATION OF DAMAGES. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST VAYKAY TRAVEL CO LLC IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. VAYKAY TRAVEL CO LLC SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON TRAVEL, A TRIP OR A TOUR MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT ANY RECOVERY YOU DO RECEIVE SHALL BE SOLELY LIMITED TO THE AMOUNT VAYKAY TRAVEL CO LLC EARNED IN COMMISSION AND/OR FEES FROM YOUR BOOKING.
- JURY WAIVER & NOTICE OF CLAIM OR INTENTION TO COMMENCE ACTION. YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST VAYKAY TRAVEL CO LLC UNLESS YOU HAVE FIRST PROVIDED A TYPEWRITTEN NOTICE OF CLAIM TO VAYKAY TRAVEL CO LLC AT 30 DAYS WITHIN THIRTY (30) DAYS AFTER THE TOUR OR TRAVEL BOOKED WITH VAYKAY TRAVEL CO LLC , OR CANCELLATION OF THE TOUR OR TRAVEL BOOKING, AS APPLICABLE. FURTHERMORE, YOU AGREE TO FILE SUIT WITHIN ONE (1) YEAR OF THE INCIDENT, AND YOU ACKNOWLEDGE THAT THIS EXPRESSLY LIMITS THE APPLICABLE STATUTE OF LIMITATIONS TO ONE (1) YEAR.
- GOVERNING LAW & VENUE. These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Nevada exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Clark County in the State of Nevada.
- ELECTRONIC COMMUNICATIONS. You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email, or through text messaging, satisfy any legal requirement that such communications be in writing.
- ENTIRE AGREEMENT & SEVERABILITY. These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Vaykay Travel Co LLC. If any provision of these Terms and Conditions 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. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
- CONTACT US. Vaykay Travel Co LLC welcomes your questions or comments regarding your trip:
Attn: KAREN SAUCEDO
Email: KAREN.SAUCEDO@FORA.TRAVEL