Last modified: January 2, 2025
Sumair’s Travel Service, LLC, its members, subsidiaries and affiliates (collectively, “STS”, “we”, “our”, “us”) requires that anyone (“you”, “your” or “traveler”) that uses our travel planning services (“Services”) to obey and honor the following rules, terms and conditions (“Terms”). By requesting Services from STS or directly from its member or from any affiliated company, you confirm that you acknowledge and agree to these Terms, as well as any other terms and conditions provided to you by us or a Supplier (as defined below), all of which are incorporated herein by reference.
• Binding Contract: The purchase of or request for a quote for any Services or Products (as defined below) offered by STS and Suppliers (as defined below) constitutes a contract between you and STS, and represents your acceptance of the Terms as set out herein. Please ensure that you have carefully read and understand the Terms prior to booking. You represent and warrant: that you are of legal age and competence to form a legally-binding contract and that you are authorized to accept the Terms on behalf of everyone named in your booking, and by purchasing Services or Products you will be deemed to have accepted the Terms on behalf of everyone named in your booking. You are advised to check STS’s website for the latest version of the Terms prior to booking your trip.
• Service Fees: You agree to pay the travel planning service fees for your initial booking and, if applicable, the service fees associated with any changes to your itinerary or travel party. The travel service fees may appear as a separate line item on your credit card statement, and may be listed under a separate vendor than the Products. All of our fees are non-refundable.
• Reservation and Purchase
• Suppliers: When you purchase Services from or through STS, you are purchasing both STS Services and Products provided by third parties. Products include, without limitation: travel by air, rail, automobile or any other means; accommodations, lodging, rental properties; meals; trip insurance; car rental; cruises; tours; experiences; airport/port transfers; and anything and everything else ultimately provided by any person or entity other than STS. The third-parties providing these Products are referred to herein as “Suppliers”. Certain content, including, without limitation, images, text, data, and other information that may be found on our website or provided to you in conjunction with Services or a proposal to supply Services (“Content”) may be the copyrighted property of Suppliers and other third parties. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a site for commercial or public purposes.
• Supplier Terms: You agree that additional terms and conditions dictated by Suppliers shall apply to your reservation and/or purchase of Products. You agree to abide by such terms and conditions, including, without limitation, compliance with Supplier terms, policies, rules, and restrictions, and payment of all amounts when due. You understand that any violation of any such Supplier terms, policies, rules, or restrictions, including but not limited to timely payment of all amounts due, may result in: (i) you forfeiting any amounts paid for such reservation or Product, (ii) cancellation of your reservation or Product purchase, (iii) you being denied access to any cruises, flights, hotels, or any other Products, and (iv) us debiting your account for any costs we incur as a result of such violation. You acknowledge and agree that: (i) Suppliers may change their prices without notice prior to reservation or purchase by you, and (ii) you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of all reservations and purchases you make through us. You acknowledge that some Suppliers may require you to sign a liability waiver or other forms prior to using their services, and you understand that your unwillingness to do so may result in a cancellation of your reservation(s), being denied access to the Supplier’s services/Products, and forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier terms and conditions.
• Supplemental Supplier Charges: Travel bookings are subject to Suppliers’ supplemental resort fees, fuel surcharges, and other supplemental charges, fees and taxes that may be imposed by the Supplier and/or government, even after you have completed your purchase. If applicable, any incidental charges that you make during your stay will be charged to you by the property upon check-out, including but not limited to parking, phone calls, internet access and room service. Your purchase includes only the Products you selected; therefore, if baggage, seat-selection, or similar items were not included in those Products, additional Supplier fees may apply. If permitted, changes to your reservation/Product purchase will be subject to the policies of the Supplier. If you choose to change your reservation or Product purchase, you may incur a change fee as well as be required to pay any difference in the fare based on the change. You hereby consent to any such charges and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms.
• No Refunds. Service Fees are always non-refundable. Product purchases may be non-refundable and non-cancellable. Any cancellation or change, if permitted, is subject to the policies of the Suppliers that you selected. At the time of reservation/purchase, your credit card may be charged the total cost of the Supplier Products that you selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check out from the hotel). Some properties have age requirements; please check with the property for more information. If your reservation/purchase is with multiple Suppliers, and if cancellation is permitted by one Supplier and not another, you will not be refunded for the portion of your trip for which cancellations are not permitted and you will be required to cancel your entire trip. If cancellation is permitted, you may incur a cancellation fee. Upon receipt, you are responsible for promptly reviewing your reservation/purchase confirmation/itinerary for accuracy and immediately notifying us of any errors.
• Baggage and Personal Belongings. Neither we nor our Host Agency shall be responsible for any theft, loss or damage to your baggage or personal belongings, including pets, or for any delay in your receipt of the aforementioned, under any circumstances whatsoever. Most airlines’ liability for loss, damage, or delay of baggage shall be limited to the maximum amount permitted by applicable laws and regulations, including but not limited to the Montreal Convention and/or the Warsaw Convention. It is your responsibility to resolve any issues with the Supplier to which you have entrusted your baggage/personal belongings. You agree to indemnify us and our Host Agency from and against all damages, claims or expenses related to your baggage and other personal property.
• Our Relationship with You
When we propose or sell Products to you, our role is limited to that of an intermediary agent and independent third party between you and the Suppliers. When we propose or sell Services to you, our role is limited to that of an independent consultant. In no event shall the request or provision of Services and/or Products create any joint venture, partnership, employment relationship or similar relationship between you and us, or any Supplier, as a result of your use of our travel services. We assist you in finding Suppliers, once you have selected each Supplier your relationship is directly with that Supplier, subject to such Supplier’s terms and conditions.
• Our Relationship with Suppliers
Please note that in accordance with standard travel industry practice, certain Suppliers pay us commissions and may offer other sales incentives.
• Supplier Selection Is Your Responsibility
In recommending Suppliers and itineraries, we consider a number of factors based on the information you provide to us. Our experience and relationship with Suppliers may also influence our recommendations. While we may recommend certain destinations, itineraries and Suppliers, these are solely suggestions; any and all decision as to itineraries and Suppliers are your sole and exclusive decision and we do not accept any responsibility or liability should you or others in your travel party be unhappy for any reason with the destinations, itineraries and/or Suppliers we may suggest. We are not responsible for the acts or omissions of Suppliers or their failure to provide Products, refunds, trip credit, or timely services, nor are we responsible for a Supplier’s financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of any Supplier and no liability for recommending a trip credit in lieu of a refund.
• Credit Card Merchant: We and/or our Host Agency (see below) are the credit card merchant, and as such our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse would be against the Suppliers, and you agree not to initiate a chargeback against us or our Host Agency.
• Host Agency. We may provide the Services in conjunction with our Host Agency, Nexion LLC. Nexion is registered a seller of travel as required by applicable law: CST # 2071045-50 | FL ST # ST38545 | WA UBI # 603 046 768.
• Communication.
• From You to Us: While Nexion’s name may appear on your credit card statement and other documents, all inquiries should first be directed to us using the provided contact information. Failure to contact us first may result in additional charges to you based on Nexion’s charges to us. You agree that any amounts billed by Nexion to us arising from your failure to contact us directly shall be billed to your credit card on file.
• From Us to You: Flight schedules and flight availability are subject to change without notice. In the event we are unable to reach you to inform you of a cancellation or schedule change, whether for a flight, train, cruise, airport pickup, or any other scheduled Product, you agree that we are not liable for any damages or expenses associated with our inability to timely reach you to communicate this information. It is your responsibility to be attentive to all communications from us, as any or all of them may be urgent and important.
• Travel Documents: If you purchased a flight, your flight is not confirmed until ticketed. Once ticketed, the name on the ticket cannot be changed and tickets are non-transferable. You agree to review your itinerary and other travel documents for accuracy and to inform us promptly of any issues. The names on your travel documents must exactly match the government-issued ID you will be using for your travel. We are not liable for any delays or missed travel related to your failure to adhere to these requirements.
• Passports, Visas, Country-Specific Rules and Identification Documents:
• You assume full and complete responsibility for confirming and abiding by any and all passport, visa, vaccination, or other entry or exit requirements or restrictions applicable to/from/within your destination and your connecting points, including reentry at the completion of your trip for both domestic and international destinations, and for complying with all Supplier requirements for travel, including, without limitation, completion of health forms and provision of any required health test results.
For more information, please visit: https://travel.state.gov/content/travel/en/international-travel.html, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
• For domestic travel, you must ensure your ID complies with TSA and DHS requirements (as either a “Real ID”, passport, passport card, or other ID accepted by TSA and DHS).
• Many countries require your passport to be valid for six months or more after your date of entry. Some countries will not admit persons convicted of a crime. Some countries require both parents’ consent for minors to travel. To avoid disappointment and unnecessary expenses, please carefully research the requirements so that you can obtain all necessary documents well before your trip. Requirements are subject to change, often without notice, and we suggest you verify requirements with the relevant embassy or consulate. We will not be held responsible for any charges, trip interruptions, or cancellations due to incorrect or missing visas, ID documents, health documents, or the like.
• Health, Safety and Security.
• You are responsible for researching and understanding all conditions regarding health, safety, security, political stability, and labor or civil unrest at your destination. If you are a US Citizen or resident, you should review the resources at the US State Department’s travel page for more information: https://travel.state.gov/content/travel.html
• Some countries require certain vaccinations be received a minimum period of time prior to your arrival in country; some countries require incoming flights to be treated with insecticide when passengers are aboard. Please consult the applicable country resources re: vaccines and please consult https://www.transportation.gov/airconsumer/spray for more information about insecticide requirements.
• Inherent Risks and Release: Neither we nor our Host Agency assumes any responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards, illness, weather hazards, or the physical accessibility of all or any portion of the Products. It is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel. YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, OUR HOST AGENCY AND OUR AND ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
• Travel Insurance. For your protection, we strongly recommend that you review and purchase travel accident insurance and a comprehensive travel insurance policy that includes trip cancellation coverage within 3 days after booking that includes a “Cancel for Any Reason” option to cover your non-refundable trip. Trip cancellation insurance is the only true means of receiving reimbursement for flights and other non-refundable expenses should you cancel your trip, whether voluntarily or as a result of external factors.
No representation or description of the insurance made by our staff 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, even if we assist you with the purchase of such insurance or recommend specific policies.
• Permitted Use of Services and Products; Carrier Rules and Regulations. You may only use our Services to make legitimate reservations or purchases for you or other persons for whom you are authorized to act, and you shall not use our Services for any other purposes, including, without limitation, making any speculative, false, fictitious or fraudulent reservation. You agree not to purchase a ticket or tickets containing flight segments that you will not be using, and you further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary, and it may confiscate your frequent flyer points. You agree to indemnify us and our Host Agency against all costs and damages related to your use of our Services in violation of any Supplier rules, including but not limited to any airline claims for the difference between the full fare of your actual itinerary and the price of the ticket or tickets that you purchased.
• Prohibited Transactions. You shall not use our Services or purchase Products for anyone in your party, including yourself, that resides or is accessing our Services from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, without limitation, regulations based upon sanctions, country programs against, or embargoes. You shall indemnify and hold harmless us, our Host Agency and Suppliers for any breach of this section.
• NO WARRANTIES
TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR WEBSITE TERMS OR OTHER TERMS, WE, OUR HOST AGENCY, AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SERVICES OR PRODUCTS, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WE, OUR HOST AGENCY, AND SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH A SUPPLIER WEBSITE, AND WE, OUR HOST AGENCY, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER WE, OUR HOST AGENCY, NOR SUPPLIERS WARRANTS THAT ANY E-MAIL SENT FROM US OR ANY SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT INFORMATION TRANSMITTED TO US VIA TELEPHONE, OR EMAIL, OR RESIDING ON OUR SYSTEMS WILL NOT BE ACCESSED BY UNAUTHORIZED THIRD PARTIES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
• LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR HOST AGENCY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR THE PERFORMANCE OR NON-PERFORMANCE BY US, OUR HOST AGENCY OR ANY SUPPLIER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW SUCH LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
• LIMITATION OF DAMAGES
IF, NOTWITHSTANDING THE FOREGOING, WE, OUR HOST AGENCY OR ANY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE, THE PRODUCTS OR THE SERVICES, OR ANY ACCESS TO OR USE OF OUR WEBSITE OR ITS CONTENT, THE LIABILITY OF EACH OF US AND SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF: (I) THE SERVICE FEES ASSOCIATED WITH THE SERVICES, OR (II) US$100.00.
• Claims Deadline and Exclusive Jurisdiction: You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in the city of Allentown, Lehigh County, Pennsylvania will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
By requesting any services from Sumair’s Travel Service, LLC, you agree that you consent to the Terms, on behalf of yourself, your travel party, and your and their heirs, representatives and assigns.