The Travel Butler LLC Agreement for Arranging Travel for Customers
1. Parties. The Travel Butler LLC., a limited liability corporation, includes its officers, employees, agents, parent, affiliates, subsidiaries, representatives and insurers, collectively referred to as “The Travel Butler LLC.”. Customer is any named party or individual who requests the services of The Travel Butler LLC. and whose credit card is used for payment of services.
2. Services. Customer has retained The Travel Butler LLC to make travel arrangements on Customer’s behalf. As such, The Travel Butler LLC acts solely as an agent for the airlines, hotels, transport companies, including but not limited to: bus, rail, and other ground or air operators, cruise lines, car rental agencies, tour operators providing any accommodations, transportation, excursions, or any other services and service providers including insurance protection, collectively referred to as “Travel Suppliers”, and The Travel Butler LLC is not an agent of the Customer. Notwithstanding that The Travel Butler LLC may receive commissions or other benefits from a Travel Supplier, Customer understands and agrees that Travel Suppliers are independent providers and do not act on behalf of The Travel Butler LLC; are not servants, agents or employees of The Travel Butler LLC, and are not in a joint venture or an affiliate of The Travel Butler LLC.
3. Fees and Customer Duty to Provide Information.
a. Customer agrees to pay any planning fees for the purpose of relying on The Travel Butler LLC's experience and expertise to assist Customer in developing a travel itinerary known as the “Travel Event” subject to Customer’s approval. The Planning Fee does not include any costs, charges or fees for Travel Suppliers who are identified in the Travel Event. The Travel Butler LLC will bill Customer separately for Travel Suppliers, and the Travel Event shall not be secured until Customer makes payment.
b. In the event that Customer fails to provide accurate information regarding travel documents or makes changes to the Travel Event after approval of same, Customer agrees it will be charged additional Planning Fee(s) for those corrections or changes at the rate of $100 per change/correction. The additional Planning Fee is in addition to any other changes in cost to the Travel Suppliers as a result of Customer’s action. Upon paying for an accepted itinerary, Customer agrees that The Travel Butler LLC has no liability for booking errors not reported to Susan Butler at firstname.lastname@example.org in writing within 24 hours after itinerary is sent to Customer's email.
c. Customer agrees that it is solely responsible for providing accurate information for the Travel Event. This includes but is not limited to: names, passport numbers, dates of travel, departure and arrival location, and any other other information requested by The Travel Butler LLC. Any inaccurate information Customer provides or a failure to provide information, and the consequences from doing are the sole responsibility of Customer and not the obligation or liability of The Travel Butler LLC. Further, Customer agrees that any changes to the Travel Event that are required as a result of Customer providing inaccurate information to The Travel Butler LLC that result in additional fees, penalties or cancellation of any part or all of the Travel Event by any Travel Suppliers are the sole responsibility of Customer. Customer expresses releases The Travel Butler LLC from any such liability.
d. Fees paid by Customer for planning and booking the Travel Event and for the Travel Suppliers are not an obligation of The Travel Butler LLC to guarantee the quality or timing of the Travel Event including delays or cancellation of such Travel Event in whole or part.
e. Customer agrees the obligation of The Travel Butler LLC as it pertains to charges or payments is limited to remitting such charges to the Travel Suppliers associated with the itinerary or to a third party that shall make such remittance. Upon remittance of fees to the Travel Suppliers in accordance with the itinerary and persons listed in the Travel Event, Customer agrees that The Travel Butler LLC has met all of its obligations under this Agreement. As a precondition to this obligation, Customer agrees to make payment to The Travel Butler LLC on or before the stated deadline dates for payment.
Cancellations & Changes: In the event of a complete trip cancellation, Customer agrees to pay a cancellation fee equal to the amount of the Plan to Go Fee previously agreed upon. If an upfront non-refundable fee was paid, the cancellation fee is equal to 10% of the total cancelled trip cost due or already paid and this fee is in addition to any non-refundable fees paid at time of hiring The Travel Butler LLC and any cancellation penalties imposed by other suppliers. A complete trip cancellation occurs when the trip is cancelled for any reason for one or more passengers once deposit or credit card guarantee has been applied. The fee is calculated based on the total final cost of the cancelled flights, hotels, and other services as though the trip had been taken. All fees will be paid via the credit card on file at the time of cancellation. If the card on file has expired, Customer is obligated to provide a replacement card within 24 hours of cancellation request.
4. Waiver of Liability/Indemnification: Customer hereby agrees that he/she is voluntarily participating in the travel services that The Travel Butler LLC has reserved on behalf of Customer. Customer and those that are listed as travelers in the Travel Event assume the risk of all inherent dangers, whether known or unknown, in any way connected with the travel services and Travel Event, including those provided by Travel Suppliers. Customer waives any and all specific notice of such conditions or any obligation to be warned of the same.
Customer agrees that The Travel Butler LLC shall not be liable for any property damage or personal injury, including death, damages for loss of use and/or income, overhead, or loss of profits, and any other expense or damage incurred by Customer or those travelers listed in the Travel Event resulting directly or indirectly from the (i) acts or omissions of the Travel Suppliers, including but not limited to, delays or cancellation of services, cessation of operations, breakdown in machinery or equipment, or changes in fare, itineraries or schedules, and/or (ii) acts of God, fire, acts of government or other authorities, wars, acts of terrorism, civil unrest, strikes, riots, thefts, epidemics, quarantines, other disease, climatic aberrations, dangers incident to the Travel Event activities or other sources, or from any other cause.
Customer further agrees to release and waive any claims or causes of action against The Travel Butler LLC that may arise or be incurred from or on the Travel Event or other travel services, or by and through any Travel Supplier, including those outlined in this Agreement. If Customer or a person who is included as a traveler in the Travel Event pursues any claim or cause of action against The Travel Butler LLC, for any reason other than to remit the fees to the Travel Suppliers as referenced above, Customer agrees to pay all attorney fees, expenses, and damages incurred by The Travel Butler LLC in defending such claims or causes of action.
5. Venue/Laws of State of Texas. Each party agrees that any claims or causes of action arising under this Agreement shall be instituted and maintained in McLennan County, Texas. The parties further agree that the laws of the State of Texas shall govern this Agreement.
6. Authority to Sign and Bind. By my signature on the "Terms of Conditions and Travel Insurance Acknowledgment", I, Customer, acknowledge that I have read, understood and agree to the terms and conditions of this Agreement, and I am binding myself, my heirs, beneficiaries, successor and assigns, to the terms of this Agreement if any should make any claims on my behalf. Further, if Customer is acting on behalf of an entity, Customer represents it is authorized to bind that entity to this Agreement.