TERMS & CONDITIONS
Please download and return this form to Gay Gillen at gay@gaygillen.com
CONSENT TO TERMS AND CONDITIONS. Access to and use of the services of Gay Gillen Travel, Inc. dba Gay Gillen Travel (“Gay Gillen Travel” and/or “our”) and our website is subject to acceptance of these terms and conditions ("Terms and Conditions"). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. If you do not accept all of these terms, then please do not use our services or our websites. These Terms and Conditions govern the relationship between Gay Gillen Travel and you, the Customer. These terms restrict your rights and remedies and provide protection to Gay Gillen Travel, including warranty disclaimers and liability exclusions. By using Gay Gillen Travel services and this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or Gay Gillen Travel services. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR GAY GILLEN TRAVEL’S SERVICES. No alterations to these terms and conditions may be made by any Gay Gillen Travel employee, advisor, representative or agent, unless in writing by an authorized officer of Gay Gillen Travel. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS. It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight found http://www.tsa.gov/traveler-information/acceptable-ids.
Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Gay Gillen Travel strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities, please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel.
The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
RISKS/SAFETY. Travel to certain destinations may involve greater risk than others. Gay Gillen Travel urges customers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, GAY GILLEN TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER'S PARTICIPATION CONSITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER'SOWN RISK.
USE OF GAY GILLEN TRAVEL ACCESS AND INFORMATION FOR TRAVEL BOOKINGS. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Gay Gillen Travel by any means, including our website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Gay Gillen Travel communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Gay Gillen Travel is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Gay Gillen Travel shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Gay Gillen Travel and any supplier with whom you elect to deal, or with whom Gay Gillen Travel deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Gay Gillen Travel debiting your account for any costs Gay Gillen Travel incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Gay Gillen Travel.
Customer authorizes Gay Gillen Travel to book on third party travel booking sites to fulfill Customer’s travel requests. Customer ratifies Gay Gillen Travel’s actions on Customer’s behalf, including acceptance of such third party’s terms and conditions, which limit Customer’s rights, and Customer agrees to bound by such actions.
In the event of any inconsistency or ambiguity of terms, Gay Gillen Travel shall benefit from the most favorable term(s) in each instance.
PAYMENTS AND CANCELLATION. Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to Gay Gillen Travel in writing. As a result of cancellation, Gay Gillen Travel’s and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, this website, and each of the supplier’s website. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your Gay Gillen Travel advisor. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION. UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Gay Gillen Travel shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, 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 time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
NO REFUND FOR UNUSED ARRANGEMENTS. As Gay GillenTravel’s are prices are oftentimes based on contract rates, there will not be any refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour canceled.
CURRENCY FLUCTUATIONS. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
ALTERATIONS TO CONFIRMED BOOKINGS. If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you at our applicable administrative charge, depending upon circumstances of the request.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS. Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Gay Gillen Travel shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner
BEFORE booking. Check the USA State Department Website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov.us, http://www.ustreas.gov, http://www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Customer is responsible to make Gay Gillen Travel aware when traveling on a passport from a country other than the USA.)
HAZARDOUS MATERIALS. USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items and http://www.faa.gov/about/initiatives/hazmat_safety/
E-TICKETS. E-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE. Gay Gillen Travel acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of Gay Gillen Travel. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by Gay Gillen Travel as agent for the disclosed travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites.
BECAUSE GAY GILLEN TRAVEL ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE GAY GILLEN TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. GAY GILLEN TRAVEL HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH GAY GILLEN TRAVEL’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF GAY GILLEN TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE GAY GILLEN TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.
The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. Gay Gillen Travel will make every effort to honor the price as originally quoted, however; under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components. Prior to full payment, prices including US air transactions or air tours (in, to, or from the US) could increase for certain travel services, including the following: a seat, carriage of passenger baggage, applicable fuel surcharge, or an increase in a government imposed tax or fee. US air transaction or air tour prices will not increase after making full payment, except for charges resulting from government imposed taxes or fees. Certain suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Customer expressly acknowledges acceptance of these conditions applicable to purchase and authorizes Gay Gillen Travel to charge Customer’s credit card for such additional amounts. This consent applies to all travel arranged by Gay Gillen Travel for Customer, and may be revoked at any time with respect to future travel for which Customer has not yet made payment. Five (5) years following the date of Customer’s last travel booking, this consent expires. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Gay Gillen Travel’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Gay Gillen Travel. Gay Gillen Travel reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member any person of any tour at any time. Gay Gillen Travel shall not assume any responsibility for any air and/or ground schedule changes.
GAY GILLEN TRAVEL HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CUSTOMER AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM GAY GILLEN TRAVEL WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY CUSTOMER AND ACTUALLY RECEIVED BY GAY GILLEN TRAVEL IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
FORCE MAJEURE. "Force Majeure" means, in relation to Gay Gillen Travel, any circumstances beyond the reasonable control of Gay Gillen Travel, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Gay Gillen Travel shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If Gay Gillen Travel, and/or any of it’s' travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by Gay Gillen Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Gay Gillen Travel shall use its reasonable efforts to reimburse you where possible. However, Gay Gillen Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Gay Gillen Travel of the Force Majeure and applicable cancellation fees. Regarding civil unrest, once Gay Gillen Travel has investigated the prevailing situation, as it deems fit, it shall remain in Gay Gillen Travel's sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to Gay Gillen Travel’s and each supplier’s terms and conditions.
TRAVEL INSURANCE. GAY GILLEN TRAVEL OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and Gay Gillen Travel’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Gay Gillen Travel. Employees of Gay Gillen Travel are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
ALTERATIONS IN TRAVEL PLANS. Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of Gay Gillen Travel and subject to each supplier’s terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS. We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY. We reserve the right to correct errors and offers are subject to availability.
GENERAL. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Gay Gillen Travel with respect to travel bookings made with Gay Gillen Travel by any means accessing such information, including its' website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ADDITIONS AND CHANGES. You agree to review these Terms and Conditions on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. Gay Gillen Travel has the right, at any time, to: (a) add, change or discontinue any aspect or feature of this website and any other data, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its Terms and Conditions applicable to your use of the this website, subscription services, or any part thereof; and/or impose, change or modify the terms and conditions of these Terms and Conditions ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on Gay Gillen Travel's
website or by any other method of notice it deems appropriate.
GOVERNING LAW. These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of Alabama, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Alabama in connection with any dispute between you and us. The parties to these Terms and Conditions each agree that, the exclusive venue for any dispute between the parties arising out of or relating to Gay Gillen Travel or these Terms and Conditions will be in the state and federal courts in Jefferson County, Birmingham, Alabama; provided that Gay Gillen Travel may elect to bring an action against you in any applicable jurisdiction if you fail to submit to jurisdiction and venue in Birmingham, Alabama, or to enforce any award or order. You irrevocably waive any rights to bring or participate in any class action related in any way hereto.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Use of the Gay Gillen Travel website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. These Terms and Conditions constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. We may revise these Terms and Conditions at any time.
If you have any questions or concerns, please feel free to e-mail our customer service department at gay@gaygillen.com