PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CONTACT US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
Please thoroughly review these terms and conditions of Fair Winds Travel, LLC, and fairwindstravelagency.com. The lead traveler may be the only recipient of this booking receipt and terms and conditions. It is the responsibility of the lead traveler to inform all other parties traveling of the contents of these terms and conditions. The lead traveler, by accepting this receipt and making payment to Fair Winds Travel, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
DEFINITIONS: Fair Winds Travel, LLC, (also referred to as “We” or “Us”) is the booking agent. “You” refers to the client(s) and/or passenger(s), singular or plural as relevant. “Supplier” refers to any number of third-party entities through whom either Fair Winds Travel or, in the case of a vacation package supplier with included airfare, another supplier may book travel on behalf of the passenger.
OUR RELATIONSHIP WITH OUR CLIENTS: As a professional travel agency, we connect you with our suppliers to provide the travel experience you desire. As such, we have both a fiduciary duty and a duty of care to our clients from initial contact until returning home from the trip. In order to best serve you, we may ask you a variety of questions to better assess your needs, standards, and budget for a given trip. We will make recommendations based on our knowledge and from customer/colleague feedback, but these are only recommendations. We purchase what you ask and authorize us to purchase. Nothing more, nothing less.
Before your trip, we maintain your entire booking. We will liaise with airlines and/or suppliers with any questions, concerns, or special requests you may have. As travel progresses, airlines and/or hotel properties reserve the right to assume control of your booking. We continue to be a resource and advocate for you until you return home, but if your booking is under airline or hotel control, we may advise you to connect with that supplier directly for speed of resolution. If this occurs, you acknowledge that it is in order to speed up a resolution, and for that reason alone.
OUR RELATIONSHIP WITH OUR SUPPLIERS: As a credentialed travel agent, Fair Winds Travel represents travel suppliers to the public. As such, we have a responsibility to represent the suppliers in accordance with their policies. We are not permitted to violate any supplier policies, for any reason. In a situation where a supplier’s policy conflicts with Fair Winds Travel policy, the supplier’s policy takes precedence. By booking with a specific supplier, you agree to adhere to all policies, terms, and conditions as set forth by the supplier. All supplier names involved in your trip, and their booking terms and conditions, shall be disclosed to you prior to booking.
We do not own or operate any hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for your trip. You acknowledge and agree that Fair Winds Travel shall not be held responsible for any loss, damage, delay, inconvenience or injury to you or your traveling party members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than a legal employee of Fair Winds Travel.
Fair Winds Travel recommends that all passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities should be reported at the time of reservation upon initial booking, so we can contact the suppliers to investigate amenities and/or special accommodations offered. You are required to provide your own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, suppliers may require that you be accompanied by a companion who is capable of, and responsible for, providing such assistance. suppliers often reserve the right to reject passengers whose mental or physical condition may interfere with the itinerary. You acknowledge and agree that Fair Winds Travel shall be held harmless for any and all claims relating to supplier rejection relating to mental or physical condition.
While Fair Winds Travel prides itself on selecting top quality suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. You acknowledge and agree that Fair Winds Travel shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall we be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. You admit a full understanding of the nature and character of the mode of transport and assume all risks of travel, transportation and handling of passengers and baggage.
HOW WE GET PAID: In most but not all cases, Fair Winds Travel receives a commission payment from the supplier once travel has been completed. This is the primary source of income in the travel agent industry. As permitted in Maryland state law and where permitted by the laws of the state of clients’ legal residence, we assess planning and research fees, cancellation fees, and change fees payable directly from you to Fair Winds Travel.
FEES: Our retainer and research fees are set with you prior to booking, based on the complexity of your booking. These fees include access to our services relative to the booking, including our extensive knowledge, planning, and research; our working with suppliers on your behalf to ensure seamless travel; our maintenance of all travel booked through Fair Winds Travel from the time of booking through the time of travel; our availability to assist with any potential problems or troubleshooting while in destination.
Our base change fees are $100 per traveler, and if cancellation is permitted by a supplier, our cancellation fee is $100 per traveler. In the event of a multiple-destination or otherwise complex travel plan, we reserve the right to assess a larger fee in the terms and conditions given to you at the time of initial payment. We will not increase these fees ex post facto. Fair Winds Travel change or cancellation fees must be paid directly to Fair Winds Travel before any changes or cancellations are initiated with our suppliers.
All fees are assessed to clients in accordance with Maryland state law and where permitted by the laws of the state of clients’ legal residence. Once paid, all Fair Winds Travel fees are nonrefundable for any reason. We reserve the right to change these fees at any time and for any reason.
GROUP TRAVEL: In certain instances with a high number of travelers, hotel rooms, or both, it may be necessary to develop a group contract. This may either be done at the discretion of Fair Winds Travel or required by the supplier being used for the Trip. This information will be disclosed as early as possible in the booking process. Contracted groups operate under separate terms and conditions, which will be disseminated to the lead passenger on the trip prior to booking. The lead passenger is responsible for disseminating the terms and conditions to all traveling passengers in their group. By booking in a contracted group, the lead passenger attests that all traveling passengers have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services, and that Fair Winds Travel is held harmless from any and all damages arising from a failure to read the terms and conditions.
ROOMMATES: Traveling parties often include friends, romantic partners, and other non-familial travel companions. In some cases, a relationship breakdown or other unforeseen situation results in one party member wishing to cancel their portion of the package. In the case of one traveler cancelling out of a group, packages must be repriced for the remaining travelers at the prevailing rate on the day of cancellation, which may result in a smaller refund being due, or no refund at all, depending on current pricing and supplier conditions. Without limitation, you voluntarily hold Fair Winds Travel harmless for any monies lost by any cancelling passenger in such situation. The lead passenger is responsible for disseminating the terms and conditions to all traveling passengers in their group.
PAYMENTS: For agency-assessed planning, research, change or cancellation fees, Fair Winds Travel only accepts payment via Stripe. For supplier-held bookings, we only accept payments by major credit card (Visa, American Express, Discover, and Mastercard). Suppliers may restrict certain major credit cards from their accepted payments at their discretion, for any reason. Last-minute travel may require additional payment steps.
Your payment information is stored in a secure encrypted location to share with suppliers, and suppliers only. For further security, your CVV/CVC will be asked for by phone rather than submitted with your credit card information. You will be required to submit positive payment authorization for any and all payments initiated by Fair Winds Travel to suppliers on your behalf. Fair Winds Travel will not submit any payments on your behalf without your express written consent.
In some instances, we may be permitted to hold reservations until “Deposit Due Date” indicated on your confirmation. If deposit/payment is not received on or before the Deposit Due Date, reservations are automatically cancelled. Failure to make payments on a regular basis after deposit may put your booking at risk of cancellation, with applicable fees. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, you voluntarily hold Fair Winds Travel harmless for cancellation of any booking for either late payment or declination of a credit card.
PRICING: Prices and availability quoted by Fair Winds Travel are not guaranteed until the required deposit or full payment is made, depending on supplier policy. Pricing and availability may change without notice. You agree that we are not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies, nor are we responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Fair Winds Travel harmless for any actions or damages arising from Supplier pricing. Changing an existing booking may result in an increase in base price, taxes, fees or surcharges, even if already paid in part or in full. You are obliged to pay any such additional taxes, fees, and surcharge.
BOOKING DETAILS/PASSENGER NAMES: Upon receiving an itinerary, you agree to immediately review all aspects of your booking to verify accuracy of details, including but not limited to: passenger names, mailing address, email address, telephone number, date of birth, pricing, arrival/departure airports, accommodations, and any organized activities on your itinerary. You must verify the accuracy of LEGAL first & last names as they appear on their driver’s license or passport, whichever is being used to travel. It is required by law that passenger names on booking and travel documents be identical to the LEGAL first and last names on the identification document being used to travel. Please notify us immediately at email@example.com or (410) 541-6087 if any omissions and/or corrections are needed regarding the booking details. You voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions.
COVID-19: Due to the global prevalence of the SARS-CoV-2 virus, many airlines, governments or government entities, hotels, tour operators, and other suppliers have established specific protocols and requirements with relation any or all of the following: wearing a face covering, vaccination, testing, and isolation or quarantine. These protocols and requirements may change at any time, and for any reason, sometimes without notice. As a courtesy, we agree to inform you of the protocols and requirements at the time of booking and to, within the best of our ability, update you with new protocols and requirements should they be changed prior to the date of travel. Nevertheless, you assume full responsibility for compliance with the protocols and requirements in place at the time of travel, and you agree to hereby release Fair Winds Travel from any claims or responsibility for any and all damages incurred as a result of failure to comply with applicable protocols and requirements. Fair Winds Travel strongly recommends you consult with the appropriate domestic or foreign governmental agencies for the most up-to-date requirements.
TRAVEL DOCUMENTS: Current driver’s licenses are only valid for air travel within the United States and to certain overseas U.S. territories (commonly known as “domestic air travel”). Beginning May 7, 2025, only REAL ID driver’s licenses will be accepted for domestic air travel. A current passport book is required for all international air travel, including to Canada, Mexico, the Caribbean, as well as travel to certain overseas U.S. territories. Additional passport regulations, such as traveling a certain time prior to passport expiration, a certain number of blank stamp pages in passport, required visa, vaccinations, COVID-19 restrictions, or other regulations may also be enforced at the discretion of a foreign nation. A current passport card is only valid for land border crossings between the United States and Canada or Mexico. In some cases, a cruise both beginning and ending in the United States (commonly known as a “closed-loop cruise”) may accept a U.S. driver’s license and birth certificate for travel, but a passport book is still strongly recommended. You assume sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. You assume sole responsibility for, and hereby release Fair Winds Travel from any claims or responsibility for, any and all damages incurred as a result of failure to comply with applicable documentation requirements. Fair Winds Travel has provided a link on its website to the State Department travel website and strongly recommends you consult with the appropriate domestic or foreign governmental agencies for the most up-to-date documentation requirements.
a. Our role in booking airline tickets
In most circumstances, Fair Winds Travel does not book point-to-point airline tickets only. We book airline tickets in conjunction with a cruise, hotel accommodations, rental cars, and/or ground tours and excursions. When booking published airfare rates, prior to check-in of the first leg of your plane trip, we maintain the airline booking for you and are your point of contact for any modifications you may need to make. After check-in for the first leg of your plane trip of a published airfare rate, your reservation comes under airline control and we are unable to assist in any form or fashion with your airline tickets.
b. General air information
In general, airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routes, or departure/arrival airports is at the sole discretion of the airline and, if permitted, may be subject to a substantial change fee in addition to any applicable fare difference. You are solely responsible for any such fees and potential fare increases. Refunds or travel credits for unused plane tickets will be issued in accordance with airline policy.
All tickets will be issued for economy class unless otherwise specified. Business class, first class, premium economy, and basic economy fares may be quoted upon request. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and, in some cases, may not be able to be made until you are at the airport on the day of departure, and may incur an additional fee. Airline tickets booked through Fair Winds Travel may be ineligible to earn frequent flyer miles. You agree to reconfirm all bookings with the airline prior to the stated date of departure. Fair Winds Travel recommends reconfirming your flights 72 hours prior.
When you reserve a scheduled or charter flight involving a stopover of one or more nights, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Fair Winds Travel will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight. Our responsibilities with respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Fair Winds Travel. We are not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. We will not provide any refund for trips missed, in part or full.
You agree to safeguard your tickets and bear any and all costs related to loss of theft. If you lose your air ticket or if your ticket is stolen, Fair Winds Travel advises that you immediately report it to the police and to the airline.
Each airline has its own policy regarding luggage and relevant fees, both for checked and carry-on luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation stated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Fair Winds Travel strongly recommends that you obtain an insurance policy covering the value of your items.
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT FAIR WINDS TRAVEL IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, DENIED BOARDING OR FAILURE TO CHECK-IN PROPERLY.
ACCOMMODATIONS AND ACTIVITIES: “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, and resorts.
a. Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by Fair Winds Travel correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from previous travelers. Fair Winds Travel makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
b. Taking possession of and vacating your room
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. Fair Winds Travel is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
c. Types of room
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. Fair Winds Travel makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
These depend on the meal plan chosen / applicable.
• All-inclusive. This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks or upgraded restaurants may not be included and will be billed separately.
• Full board. This includes accommodation, breakfast, lunch and dinner, but no drinks.
• Half board. This includes accommodation, breakfast and either dinner or lunch, but no drinks.
In the case of full board or half board, drinks are not included, unless specifically mentioned in the description. In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the customer’s expense. It is necessary to comply with the all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
e. Other accommodation provisions
Some resorts assess a daily usage fee, which is often assessed directly at the resort in addition to the package price of a resort stay. If known, Fair Winds Travel will notify you of this fee’s existence and, where possible, what that fee is. Not mentioning a resort fee does not necessarily mean the resort does not charge a fee. You agree to hold Fair Winds Travel harmless from any and all damages accrued as a result of unknown resort fees.
All bedding and room assignments are passed through from Fair Winds Travel to the hotel property on a request basis only. No guarantees can be made as to specific bedding arrangements (e.g. one king or two queen beds), adjoining rooms, or specific room locations within the property. You acknowledge this as a courtesy request and agree to hold Fair Winds Travel harmless from any requests not being fulfilled by the hotel property.
f. Activities offered during your stay
An activity may not be appropriate for all ages or for individuals with certain medical conditions. Fair Winds Travel may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part. It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season, it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that Fair Winds Travel is not liable for activities unavailable due to any of the reasons listed above. The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the customer’s expense. Similarly, these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY OR EXCURSION MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIR WINDS TRAVEL SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
We ask parents traveling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example, for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
h. Pregnant women
Fair Winds Travel advises pregnant women to consult their doctors before making any reservation in order to confirm that it is appropriate for them participate in the Trip. You agree that Fair Winds Travel will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.
i. Travelers with special needs or disabilities
If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. Fair Winds Travel makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. Fair Winds Travel has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the supplier. If cancellation is permitted by a supplier, our cancellation fee is $100 per reservation. For this purpose, a reservation is one set of travelers traveling on the same plane and staying in the same hotel room (e.g., one family of 5 traveling and staying in the same hotel room constitutes one reservation; four families traveling on the same plane and staying in the same hotel in four different rooms constitutes four reservations). Fair Winds Travel cancellation fees must be paid directly to Fair Winds Travel before any cancellations are initiated with our suppliers.
All cancellations MUST be made in writing and sent by email to firstname.lastname@example.org. Cancellations sent to any other address will not be processed. We may call you to confirm cancellation, but the cancellation is not considered requested unless we receive such request in writing. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by Fair Winds Travel and the supplier. Cancellations are posted on day that the complete cancellation documents are received by Fair Winds Travel, so long as they are received before 5:00 p.m. Eastern Time on a business day. All other cancellations will be posted on the next business day. Example: If an email is received at 6:00 pm Eastern Time on Saturday, as we are closed on Sundays it will NOT be processed until Monday morning and may fall outside of a cancellation window as a result. Your cancellation will be confirmed via email on the day it is processed.
TRAVEL PROTECTION: Travel insurance protection is strongly recommended for all itineraries. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. Travelers are under no obligation to purchase travel insurance unless required by supplier and/or destination policies. While we do offer coverage through certain carriers, we are not insurance brokers and cannot compare all policies or companies currently in the marketplace. This responsibility rests solely with you the customer, and we advise you to do your research and find coverage that best fits your individual needs.
By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.
We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. Fair Winds Travel is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage, and claims should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Fair Winds Travel due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Fair Winds Travel cannot be involved in any aspect of your claim/request for service. You acknowledge and agree that Fair Winds Travel has no control over the travel insurance provider or its coverage decisions, and as a result we are not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
LIMITATION OF LIABILITY: Without limitation, you assume the risk of, and agree that Fair Winds Travel is not liable for, any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
COMPLETE AGREEMENT CLAUSE: These Terms and Conditions are binding and supersede anything that may be said to you by any representative of Fair Winds Travel, whether an employee, sub-agent, independent contractor, or other representative. You acknowledge that all parties are bound to these Terms and Conditions, except where superseded by a supplier’s Terms and Conditions.
MODIFICATION OF TERMS AND CONDITIONS: The Terms and Conditions may be amended or modified by Fair Winds Travel at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with Fair Winds Travel. Without this acceptance any order is subject to cancellation at any time.
The failure of Fair Winds Travel to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Fair Winds Travel does not guarantee it will take action against all breaches of this these Terms and Conditions.
SEVERABILITY: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
HEADINGS: Headings are for reference purposes only and do not limit the scope or extent of such section.
BINDING ARBITRATION/FORUM/CHOICE OF LAW: You hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Federal Arbitration Act and shall be governed by the laws of the State of Maryland. You agree that the arbitration shall take place in Anne Arundel County, Maryland. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including arbitrator’s fees and room rental, shall be split equally between you and Fair Winds Travel. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You acknowledge and agree that this arbitration is your sole recourse and that you may not file a lawsuit against Fair Winds Travel. If you fail to submit your claim to arbitration and instead file suit, Fair Winds Travel shall be entitled to recover from you attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. You and Fair Winds Travel agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.