Terms & Conditions
- Acceptance of Terms and Conditions. These Terms and Conditions shall be deemed a part of, and are expressly incorporated by reference into any and all agreements entered between Brandi the Travel Genie a Virginia Limited Liability Company (hereinafter “Brandi the Travel Genie” “we” “us” “our” and any similar derivations) and you the client (hereinafter “you” or “your”). Please also read all Terms & Conditions before using our Website, www.brandithetravelgenie.com. By visiting and using the Website, you are consenting that you have read these Terms & Conditions and agree to be bound by them. By paying Brandi the Travel Genie the planning fee and/or deposit, you are affirmatively representing that you have read and accept the Terms & Conditions on behalf of yourself and anyone in your traveling party. Our Services as defined herein are limited to, and provided under, the terms stated herein. Terms on behalf of Brandi the Travel Genie contained in any other document, correspondence, or other forms that are additional to, or inconsistent with, the provisions in these Terms and Conditions are rejected. No such changes or deviations will be effective unless they are explicitly accepted in writing by an authorized agent of Brandi the Travel Genie.
- Our Services: Brandi the Travel Genie and its affiliated entities acts as a travel agent only. We sell various travel related products on behalf of numerous transport Service Providers numerous transport and accommodation Service Providers, including, but not limited to airlines, coach, rail, cruise line operators and hotels (the “Travel Service Providers” or simply “Service Providers”) (collectively the “Services”). Brandi the Travel Genie does not own, operate, manage, or control these independent suppliers of services and is not liable for their acts or omissions. Brandi the Travel Genie’s obligations to you are to make travel bookings on your behalf and to arrange relevant contracts between you and the travel Service Providers. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding any travel Service Provider’s standards, performance, or capabilities. A request cannot be guaranteed. All bookings are subject to the terms and conditions and limitations of liability imposed by these travel Service Providers. You understand that you have no legal recourse against Brandi the Travel Genie for the conduct of any travel Service Provider and your legal recourse, if any, is against the specific provider not Brandi the Travel Genie.
- Documentation: Travel documentation appropriate for entry to your itinerary destinations, such as passports, visas & inoculation certificates, remain each traveler’s sole responsibility. It is each traveler’s responsibility to make certain that they have proper immunizations before travel – please see your health provider for advice. Brandi the Travel Genie may advise you of required documentation, but travelers who do not meet documentary requirements will be denied boarding without liability to Brandi the Travel Genie. Valid passports are required for all international destinations. If a passport is required to travel, the expiration date must be at least six (6) months following the return date of the planned travel. Each foreign country holds different views of past criminal offenses – if you have a current or past offense, please contact that country directly for entry and exit requirements. Travelers with DWI or DUI records should check whether current rules exclude admission to foreign destinations. Brandi the Travel Genie feels it is an invasion of privacy for members of our staff to make such an inquiry and these requirements remain the traveler’s responsibility. For further information, please visit the U.S. State Department web site: travel.state.gov. It is your responsibility to ensure that you have valid travel documentation, including but not limited to passports and visas, which meet the requirements of immigration and other government authorities at every destination. You are responsible for confirming with the United States Department of State or representative government agency of the country to which you are traveling to confirm the requirements for visas and/or other requirements for admission to your destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. A government issued and travel approved photo ID is required for travel within the USA.
- Pricing and Payment: Price quotes are applicable to the date and time at which they are requested. As such, pricing and availability are subject to change at any time. Quotes in foreign currency are subject to fluctuations in exchange rates and International credit card issuer fees. Brandi the Travel Genie is not responsible for any increases due to fuel surcharges, government-imposed taxes/fees or supplier-imposed increases. You may be required to make a deposit toward the cost of our Services and such deposits are nonrefundable.
Final payment is required no less than 60 days prior to departure unless otherwise stated or agreed in writing. If final payment is not made, any deposits made before may not be refunded. Some airfares or services must be paid in full at the time of booking. Brandi the Travel Genie accepts debit card or credit cards (AMEX, Visa, MasterCard, or Discover). Should you wish us to charge your credit card we may require you to read and sign a credit card charge form set out in the receipt. If for any reason, any travel Service Provider is unable to provide the services for which you have contracted, your remedy lies against the provider, and not against Brandi the Travel Genie and in the event that payment has been made to Brandi the Travel Genie by credit card, you agree that you will not seek to charge back your payment to Brandi the Travel Genie. If Brandi the Travel Genie incurs any costs, including but not limited to attorneys’ fees, to recover any payments charged back by your credit card company, you agree that you will be liable for these costs. If the credit card is declined, you guarantee that you will settle any amounts owing to Brandi the Travel Genie via money order or cash immediately. Brandi the Travel Genie may charge interest on any invoiced amounts not paid within 30 days of the due date at a rate of: (1) 1.5 % per month; or (2) if the laws of the jurisdiction in which the project is located mandate a lower rate, the highest rate allowable under the law.
- Travel Credit and Travel Vouchers: Travel vouchers and airline tickets must be presented when required by the Service Provider. If you fail to present the appropriate voucher(s), Brandi the Travel Genie is not responsible if a Service Provider declines to honor your reservation. Each Service Provider has their own Terms and Conditions. You acknowledge this and agree to be bound by each Provider’s own Terms and Conditions.
Travel vouchers, future cruise credits, and travel credits usually have strict expiration dates, these expiration dates usually occur within a year of being issued (this is subject to the Service Provider’s individual terms & conditions). You must travel and utilize these credits prior to the expiration date. In case of a Service Provider’s default or a change to your vouchers and/or credits which may result in the vouchers or credits no longer being valid, Brandi the Travel Genie will not be responsible.
- e-tickets: As of June 1st, 2008, the International Air Transport Association (IATA) has imposed new rules relating to the issuing of air travel tickets. As of that date, travel agencies and airlines have an obligation to only issue travel tickets via electronic means (i.e. electronic ticket or “e-ticket”). Due to technical constraints with airline’s restrictions (infants under the age of 2, inter-airline agreements, groups, etc.), it may be impossible to issue an electronic ticket. Therefore, though a flight may be shown as available, it might prove impossible for us to honor your reservation. This situation, being outside our control, will not result in liability on the part of Brandi the Travel Genie. If we cannot issue you an e-ticket, we will contact you to propose an alternative solution. This could result in additional costs for which you would be responsible. In the event of the absence of an alternative solution, your refusal to pay any difference, or if the issuance of tickets proves impossible, we would be forced to cancel your reservation.
iii. Chargebacks and Canceled Trips. You acknowledge that if for any reason, you cancel you trip, miss your trip, dispute the charge with your credit card company, cancel your credit card, or have insufficient funds and a chargeback results, you will be responsible for reimbursing Brandi the Travel Genie for any charges, fees, or fines incurred as a result of these actions. Additionally, any fees incurred by Brandi the Travel Genie by your acts will result in Brandi the Travel Genie seeking reimbursement from you, which you agree to pay within 30 days from the date of the written request.
- Check-in & Departure Responsibilities: It is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure for international flights. It is the traveler’s responsibility to reconfirm flight times at least 24-72 hours prior to scheduled flights. Brandi the Travel Genie will not assume responsibility for any airline delays, TSA delays, or schedule changes by any travel Service Provider or public authority. Traveler is solely responsible for any seat upgrades, airline or alcohol purchases, fees incurred due to flight changes, missed flights, or missed connections. Certain countries require departure taxes that require payment in cash. Missed flights may result in the return flight being terminated by the airline Service Provider. Any interrupted or shortened journey, or any service that you do not take up, will not entitle you to a refund. Recommended check-in times are subject to change without notification. It is the traveler’s responsibility to remain aware of changes in condition or airport rules that might require earlier arrival times. This information can typically be found with respect to air travel by entering your confirmation number on the airline website.
- Travel Protection/Insurance: Travel protection and insurance is strongly recommended to help protect your investment. Unless specifically agreed by Brandi the Travel Genie in writing, travel insurance is NOT included in the cost of the Services. Information for travel insurance may be sent to you within a reasonable time frame after deposit based on trip cost and components. However, you are solely responsible for obtaining any travel protection and insurance you wish to purchase to protect costs associated with your trip. You acknowledge that it is your responsibility to understand the limitations of your insurance coverage and purchase additional insurance as needed. It is your sole responsibility to research, evaluate and purchase appropriate coverage. You agree that Brandi the Travel Genie is not responsible for any uninsured losses. Additionally, Brandi the Travel Genie is not the issuer of travel insurance and any losses, premiums, or claims must be directed to the travel insurer.
- Cancellation: Please be aware that most travel bookings are non-refundable and cancelled bookings will also often incur added charges by the travel Service Provider. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge. You agree to reimburse Brandi the Travel Genie the full amount of any such additional fees or charges within 20 days of receipt from us of documentation of the fee or charge. To the extent a travel Service Provider does offer refunds and your cancellation meets that Service Providers criteria for such a refund, we may (but are not obligated to) assist you in requesting such refund. While the cost charged by a travel Service Provider may be recovered under some circumstances, Brandi the Travel Genie does not issue refunds of any its own fees for its Services.
- Disclaimers of Liability: Brandi the Travel Genie is not the source or supplier of the travel services requested and acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, ground transportation and other companies providing accommodations, transportations, and/ or other services. Each of these suppliers is an independent entity with its own management, terms & conditions, and is not subject to the control of Brandi the Travel Genie. The terms & conditions of the independent supplier or Service Provider control your relationship with them. Brandi the Travel Genie is not liable for any negligent, willful act, failure to act, or inability to perform of any travel Service Provider, supplier or of any third party. In addition and without limitation, Brandi the Travel Genie is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. Also be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches may be non-existent or may not be up to U.S. standards. If due to weather, flight schedules, other uncontrollable factors, or the occurrence of unanticipated fees you are required to spend additional night(s), you will be responsible for your own hotel, transfers and meal costs.
Baggage is entirely at owner’s risk. You may see the name Brandi the Travel Genie affixed to motor vehicles, on signs around the hotel or elsewhere. This use of our name is purely for reasons of identification and does not denote ownership, supervision, or control by Brandi the Travel Genie in any way. The prices of these tours are based on rates in effect (including foreign exchange rates) at the time of printing and are subject to change without notice. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. The Service Provider may be unable or unwilling to satisfy your accommodations. You specifically agree that Brandi the Travel Genie is not liable for any intentional, incidental, consequential losses or damages you may incur incident to your trip or to the Services.
Health Concerns: It is your responsibility to ensure you are aware of, and that you appropriately manage any health concerns you have or requirements for your travel destinations. You must also ensure that you carry all necessary vaccination documentation. Please advise your consultant of any special requirements you may have, for example, special meals, medical requirements and so on.
Right to Refuse Service: Service Providers reserve the right to refuse service to travelers at their sole discretion and including without limitation if the traveler: Lacks proper documentation for the country of destination, has a contagious disease, is under the influence of alcohol, drugs or narcotics, and/or manifests disruptive and/or unruly behavior. Brandi the Travel Genie assumes no liability for the acts or decision of the Service Provider in refusing service.
- LOCAL CUSTOMS AND LAWS: Please be aware, that for travelers traveling to a foreign county, these countries will have different customs, standards, laws and risks than those that the travelers will be accustomed to. The traveler understands that he or she must be prepared to comply with unexpected circumstances while traveling. These circumstances may include complying with local customs, supply shortages, and with unanticipated changes in weather, travel delays and man-made crises. As such, travelers acknowledge and accept the risks associated with travel in a foreign country and agrees to release and hold Brandi the Travel Genie harmless for any such problems that arise while traveling.
All travelers must obey the local laws and regulations of the countries they visit on their trip. Brandi the Travel Genie is not liable or responsible for any damages, court fees, incarceration fees, judgments, fines, costs and/or added expenses incurred as a result of traveler’s failure to obey any local, provincial or federal laws, which may include arrest or detention. Additionally, Brandi the Travel Genie shall not be liable for imprisonment, criminal offenses, kidnapping, theft, violation of civil laws or criminal actions done by the traveler or performed to the traveler while on their trip. Traveler understands that their participation in their trip may be terminated if traveler is disciplined by any civil or criminal authorities or charter operator. In this event, traveler is responsible for arranging and paying for substitute travel and accommodations.
- Dispute Resolution and Forum Selection. In the event there is a dispute or claim made against Brandi the Travel Genie by you relating to the Services contemplated herein, Brandi the Travel Genie may at its sole election demand the dispute be referred to mediation and, if unsettled by mediation, to binding arbitration using the Commercial Arbitration Rules of the American Arbitration Association. Any mediation or arbitration proceedings, and any litigation incident to the Services shall solely and exclusively be conducted in the geographic confines and/or the state courts of Suffolk, Virginia. By accepting our Services, you irrevocably consent to the personal jurisdictions of the district and/or superior courts of Suffolk, Virginia.
- Price Volatility: Prices are subject to increase prior to the time you make full payment. Prices are not subject to increase after you make full payment, except for charges resulting from increases in government-imposed taxes or fees. As noted above, by making the booking, you expressly acknowledge your acceptance of these conditions (i.e. increases before full payment and increases attributable to government-imposed taxes, fees or carrier imposed surcharges after full payment will be your responsibility) applicable to your purchase.
- Costs. Customer shall indemnify Brandi the Travel Genie for the cost and expenses we may incur in the collection of any unpaid balance of the agreed upon price for the Services that are not timely paid by the Customer under the terms specified herein or under any subsequent contract executed by the parties. Such costs and expenses shall include but are not necessarily limited to Brandi the Travel Genie’s reasonable attorney fees incurred in such collection efforts, whether or not litigation must be filed in order to collect the aforesaid unpaid sums.
- Terms relating to Use of Our Technology: To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18. The purpose of this Website is solely to provide educational information to those wishing to view it. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary. You understand and agree that our Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor,
business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation. Your decision to visit our Website, use information contained herein, engage with Brandi the Travel Genie and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you individually or your business resulting from direct or indirect use of materials or content contained on our Website or with technology utilized by Brandi the Travel Genie. You agree to hold Brandi the Travel Genie harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or information distributed through email, or via other technology that we employ and agree you will not make any claims against us or the company herein. We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to
ours. For more information, we encourage you to visit the website of the payment
processing company, and read their policies and terms and conditions as well. You agree to
release us as well as the payment processing company we choose from any damages you
incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product or Service through
our Website. Please note these Terms & Conditions may be subject to changes or updates at any time. We reserve our right to make any changes or updates at any time, and the burden is on you to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
- Marketing Disclosure: Brandi the Travel Genie endeavors to illustrate the Services it offers using photographs or illustrations that provide a representation of the Services offered. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. This content is not intended to be binding on Brandi the Travel Genie only to the extent that they illustrate the type Services available, and are not intended to form a contractual commitment, nor are they to be construed as guarantees of the conditions of the places, standards, services or accommodations pictured at the time of your Trip. The travel information that we provide on our site and in newsletters, brochures and the like about options for accommodations, excursions, restaurants, bars/clubs, etc. comes from a variety of sources, including information published by the establishments themselves, by other travel guides, and by on-line research, and is believed to be accurate. Nonetheless, some of the information could not be independently verified and may be inaccurate and not up to date. You should not view the information as recommendations and should do your own investigation to confirm that the business or venue in question is still operational and suits your needs.
- Marketing Release: Brandi the Travel Genie may occasionally use statements made by its Travelers and/or their photographs, images, or other likenesses, in various marketing materials, on our website, on social media or at promotional events. Traveler fully consents to such use of traveler’s statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to traveler and grants Brandi the Travel Genie a non-revocable, unlimited license for such use.
- Terms and Conditions Subject to Change: If you purchase a Service from us, you will also enter into one or more separate agreements with us, and are subject to the terms outlined in these Terms and Conditions, which shall prevail in the event of a conflict or issue. These Terms and Conditions are subject to change without notice and it is your responsibility to review the then-current Terms and Conditions in effect on the date of any future engagement or agreement between you and Brandi the Travel Genie.
- Force Majeure. In no event shall Brandi the Travel Genie be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, epidemic or pandemic disease outbreaks, forced quarantines, discrimination, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, loss or malfunctions of utilities, communications or computer (software and hardware) services, or interruptions to essential supply chains.
Upon the occurrence of a “force majeure” event, Brandi the Travel Genie shall use reasonable efforts which are consistent with accepted practices in the travel agent industry to resume performance as soon as practicable under the circumstances; however, if such efforts are impractical and remain so for a period of at least 30 days, Brandi the Travel Genie may without penalty terminate the Services and shall have no further obligation to you respecting completion of the Services.
- Entire Agreement. This document, together with any specifications, proposals, quotes
or other documents made a part hereof by attachment or incorporation shall constitute the entire agreement between the parties. The Terms and Conditions that govern the provision of the Services are limited to the terms and conditions specified herein, and formation of any contract is expressly made conditional on your assent to these terms. These Terms and Conditions supersede all prior discussions, proposals, representations, and agreements. Brandi the Travel Genie will not be bound by any additional, different, or inconsistent terms in acknowledgements, invoices, emails or other documents from you or by any course of conduct between the parties.
15. Electronic Signatures. Pursuant to VA § 59.1-485, Virginia law recognizes the validity of electronic or digital signatures for contracts or other legally binding documents. Both parties to this document understand and agree that they have the right to execute this Agreement through paper or through electronic signature technology, which is in compliance with both Virginia and Federal law governing electronic signatures. The parties agree that to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. Whenever a document is executed via an electronic signature, the parties agree that it has the same validity and meaning as if the document was executed via their handwritten signature. The parties will not, at any time in the future, repudiate the meaning of their electronic signature or claim that their electronic signature is not legally binding. The parties agree not to object to the admissibility of this Agreement as an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. If either party would like a paper copy of this Agreement, they will request a copy from the other party.
- Intellectual Property: Our Website, correspondence, social media accounts, and promotional materials contain original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Brandi the Travel Genie and is protected under state and/or federal Intellectual Property Laws, which prevents unauthorized use of our “Materials.” The Materials include, but are not limited to: trademarked and copyrighted material, as well as any and all original works by us, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on the Website, documents, or other platform. This protection also includes any and all content that appears on the Website, documents, or platform, including blog posts, program names, and any other text whether or not authored by us. You understand and acknowledge you will likely be in violation of Intellectual Property Laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, documents, or other platforms, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- How long do we keep your personal information? Your personal information is retained only so long as needed to provide information, travel services, and other services to you, and for a reasonable length of time thereafter in order to meet any Identified Purpose or other legal or business purpose. From time to time, Brandi the Travel Genie may update the personal information that we have on file for you. Brandi the Travel Genie shall not bear responsibility for any personal information that is inaccurate. You agree to supply updated personal information to Brandi the Travel Genie as necessary for booking purposes. Brandi the Travel Genie takes reasonable steps to protect your personal information; however, Brandi the Travel Genie is not responsible for any improper use of your personal information that is beyond our reasonable control. Brandi the Travel Genie liability for the failure of any supplier to protect your personal information is specifically excluded.
If you have any questions, concerns or complaints about these terms & conditions please contact us:
- By email: [email protected]