I have read, understand and accept the following:
1. 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 Rebecca Edington (hereinafter “Atlas Unleashed” “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.atlasunleashedtravelagency.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 Atlas Unleashed 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 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 Atlas Unleashed.
2. Our Services: Atlas Unleashed 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”) (collectively the “Services”). Atlas Unleashed does not own, operate, manage, or control these independent suppliers of services and is not liable for their acts or omissions. Atlas Unleashed’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 Atlas Unleashed, for the conduct of any travel service provider and your legal recourse, if any, is against the specific provider not Atlas Unleashed.
3. 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. Atlas Unleashed may advise you of required documentation, but travelers who do not meet documentary requirements will be denied boarding without liability to Atlas Unleashed. 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. Atlas Unleashed 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 photo ID is required for travel within the USA.
4. Pricing and Payment: Price quotes are applicable to the date and time at which they are requested. Quotes in foreign currency are subject to fluctuations in exchange rates and International credit card issuer fees. Atlas Unleashed 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 non-refundable. Final payment is required no less than 60 days prior to departure unless otherwise stated or agreed in writing. Some airfares or services must be paid in full at the time of booking. Atlas Unleashed 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 Atlas Unleashed and in the event that payment has been made to Atlas Unleashed by credit card, you agree that you will not seek to charge back your payment to Atlas Unleashed. If Atlas Unleashed 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 Atlas Unleashed via money order or cash immediately. Atlas Unleashed 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.
5. 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. Atlas Unleashed will not assume responsibility for any airline delays, TSA delays, or schedule changes by any travel service provider or public authority. Certain countries require departure taxes that require payment in cash. Recommended check-in times are subject to change without notification. It is the traveler’s responsibility to remain abreast 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.
6. Travel Protection/Insurance: Travel protection and insurance is strongly recommended to protect your investment. Unless specifically agreed by Atlas Unleashed in writing, travel insurance is NOT included in the cost of the Services. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by Atlas Unleashed constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to Covid-19 or any other claim under the policy.
7. 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 Atlas Unleashed 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, Atlas Unleashed does not issue refunds of any its own fees for its Services.
8. Disclaimers of Liability.
Generally: Atlas Unleashed 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 and is not subject to the control of Atlas Unleashed. Atlas Unleashed is not liable for any negligent or willful act or failure to act of any travel service provider or of any third party. In addition and without limitation, Atlas Unleashed 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 not be up to U.S. standards. If due to weather, flight schedules or other uncontrollable factors 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 Atlas Unleashed 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 Atlas Unleashed 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. You specifically agree that Atlas Unleashed is not liable for any consequential loss 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.
Atlas Unleashed assumes no liability for the acts of the service provider in refusing service.
9. Dispute Resolution and Forum Selection. In the event there is a dispute or claim made against Atlas Unleashed by you relating to the Services contemplated herein, Atlas Unleashed 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 Cumberland County, Tennessee. By accepting our Services, you irrevocably consent to the personal jurisdictions of the district and/or superior courts of Cumberland County, Tennessee.
10. 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 Atlas Unleashed 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 Atlas Unleashed’s reasonable attorney fees incurred in such collection efforts, whether or not litigation must be filed in order to collect the aforesaid unpaid sums.
11. Terms relating to Use of Our Website: 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, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Atlas Unleashed harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, 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.
12. 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 Atlas Unleashed. All annual travel planning packages require signature of an additional Agreement outlining the terms and guidelines therein as well.
13. Force Majeure. In no event shall Atlas Unleashed 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, 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, Atlas Unleashed 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, Atlas Unleashed may without penalty terminate the Services and shall have no further obligation to you respecting completion of the Services.
14. 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. Atlas Unleashed 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. 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 Atlas Unleashed 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.
