Travel Advising T&Cs

A simple overview of how I support your travel from planning through booking, what’s included along the way, and a few practical guidelines that keep everything running smoothly. It covers how reservations work with hotels, airlines, and partners, how payments and changes are handled, and how we stay aligned if plans evolve - so you can focus on enjoying the experience.

TERMS AND CONDITIONS OF TRAVEL ADVISORY SERVICES

MAXIMUM LIABILITY ALLOCATION, RISK ASSUMPTION, AND WAIVER AGREEMENT

These Terms and Conditions (“Agreement”) constitute a binding legal contract between Theo Feldman, an independent travel advisor (“Travel Advisor,” “Advisor,” “we,” “us,” or “our”), and any individual, company, partnership, association, group, collective, organization, or other entity, whether formally organized or not, operating legally or otherwise, of any size, located anywhere in the world, that contacts, engages, communicates with, references, or otherwise interacts with Travel Advisor in connection with travel services, including booking or requesting services on behalf of any member, employee, contractor, guest, or affiliate of such entity (“Client,” “you,” or “your”).

1. FORMATION OF CONTRACT; CONSTRUCTIVE AND ACTUAL NOTICE

THIS AGREEMENT IS DEEMED ACCEPTED AND BINDING UPON THE EARLIEST OF ANY OF THE FOLLOWING:

  • Any written, verbal, electronic, or implied expression of travel interest or intent

  • Any request for information, research, pricing, availability, or recommendations

  • Any response to an itinerary, proposal, or message

  • Any payment, authorization, or approval

  • Any continued communication after receipt, reference, or availability of these Terms

NO SIGNATURE, CLICK-THROUGH, OR FORMAL EXECUTION IS REQUIRED.

Client expressly agrees that:

  • This Agreement constitutes a knowing and voluntary contract of adhesion

  • Client had a meaningful opportunity to review, decline, or seek legal counsel

  • Client waives any defense based on lack of signature, lack of negotiation, or failure to read

2. CLIENT REPRESENTATIONS; AUTHORITY; ASSUMPTION OF RESPONSIBILITY

Client represents, warrants, and covenants that:

  • Client has full legal capacity and authority to enter into this Agreement

  • Client has authority to bind all travelers, participants, members, employees, agents, or invitees

  • All information provided is accurate, complete, and continuously updated

  • Client understands that travel involves significant foreseeable and unforeseeable risks, including financial loss, bodily injury, illness, death, detention, denial of entry, reputational harm, and loss of liberty

Client assumes sole and exclusive responsibility for all persons on whose behalf services are requested.

3. INDEPENDENT STATUS; FORA DISCLAIMER; ABSOLUTE WAIVER

Travel Advisor is an independent contractor affiliated with Fora Travel, Inc. (“Fora”).

Client irrevocably acknowledges and agrees that:

  • Travel Advisor is not an employee, agent, fiduciary, or legal representative of Fora

  • Fora is not a travel service provider

  • Fora is not a party to this Agreement for any purpose

CLIENT HEREBY IRREVOCABLY RELEASES, WAIVES, AND FOREVER DISCHARGES FORA from any and all claims, demands, or causes of action arising directly or indirectly from travel services, advisory services, supplier acts or omissions, cancellations, disruptions, losses, or disputes.

4. NO FIDUCIARY DUTY; NO GUARANTEES

Travel Advisor provides professional advisory and coordination services only.

No fiduciary, agency, joint venture, partnership, or special relationship is created.

All recommendations are subjective, opinion-based, and non-binding.

5. SUPPLIERS; ABSOLUTE DISCLAIMER OF CONTROL AND LIABILITY

All travel suppliers are independent third parties.

Travel Advisor:

  • Exercises no control over supplier operations or solvency

  • Makes no warranties regarding supplier performance or safety

  • Bears no responsibility for supplier acts, omissions, defaults, or misconduct

Client assumes all risks arising therefrom.

6. PAYMENTS; PRICING; CHARGEBACK PROHIBITION

Pricing is dynamic and non-guaranteed until booked and paid.

Currency fluctuations are Client’s sole risk.

CLIENT EXPRESSLY WAIVES ANY RIGHT TO INITIATE A CHARGEBACK OR PAYMENT DISPUTE, except in cases of complete non-delivery of services.

Any improper chargeback constitutes material breach, fraud, and entitles Travel Advisor to full recovery of damages and enforcement costs.

7. NON-REFUNDABLE BOOKINGS; MODIFICATIONS

Client agrees to all supplier cancellation, modification, and refund policies.

Travel Advisor bears no liability for penalties arising from Client delay, indecision, or error.

8. TRAVEL INSURANCE; FINANCIAL LOSS ACKNOWLEDGMENT

Client acknowledges that failure to purchase travel insurance may result in TOTAL FINANCIAL LOSS, including medical evacuation, repatriation, or non-refundable costs.

Client knowingly elects to assume these risks.

9. PASSPORTS; VISAS; DENIAL OF ENTRY

Client bears exclusive responsibility for compliance with all entry requirements.

DENIAL OF ENTRY FOR ANY REASON DOES NOT ENTITLE CLIENT TO ANY REFUND OR CLAIM.

10. TRAVEL ADVISORIES; VOLUNTARY RISK ACCEPTANCE

Client acknowledges risks risks associated with high-risk destinations or activities, whether known or unknown, foreseeable or unforeseeable, including but not limited to pandemics, war, terrorism, civil unrest, sanctions, government action, climate events, strikes, or infrastructure failures and voluntarily assumes all such risks.

11. LIMITATION OF LIABILITY; DAMAGES CAP

To the maximum extent permitted by law:

  • Travel Advisor shall not be liable for indirect, incidental, special, consequential, or punitive damages

  • Any liability is strictly limited to the actual commissions or fees received

  • Client waives all claims exceeding this cap

12. FORCE MAJEURE

Travel Advisor shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, war, pandemics, strikes, cyber incidents, or government action.

13. FORA ERRORS & OMISSIONS INSURANCE; FULL INDEMNITY

Client acknowledges limited E&O coverage availability through Fora subject to deductible and exclusions.

Client agrees to fully defend, indemnify, and hold harmless Travel Advisor and Fora from all claims, including deductibles, uncovered losses, and all attorneys’ fees, regardless of fault.

14. MANDATORY GOOD-FAITH RESOLUTION

Client agrees to attempt informal, good-faith resolution prior to escalation. Failure constitutes breach.

15. WAIVER OF LITIGATION, ARBITRATION, AND JURY TRIAL

CLIENT KNOWINGLY AND IRREVOCABLY WAIVES the right to sue, arbitrate, or have a jury trial.

16. CLASS ACTION WAIVER

Claims may be brought only in an individual capacity.

All class or representative actions are expressly prohibited.

17. NON-DISPARAGEMENT; REPUTATIONAL HARM; LIQUIDATED DAMAGES; INJUNCTIVE RELIEF; THIRD-PARTY CLAIM COSTS

Client acknowledges and agrees that Travel Advisor’s professional reputation, goodwill, and standing are unique, and difficult-to-quantify assets, that may also be tied to other industries, the loss of which would cause irreparable harm.

Accordingly, Client shall not, directly or indirectly, make, publish, transmit, encourage, assist in, or cause to be madeany false, misleading, defamatory, disparaging, malicious, or bad-faith statement, review, allegation, complaint, or communication regarding Travel Advisor, whether public or private, oral or written, including but not limited to statements made to or through media outlets, regulators, online platforms, social networks, forums, or third parties.

Client agrees that any violation of this Section constitutes a material breach of this Agreement and that:

  • Liquidated damages in the amount of $500,000 per occurrence represent a reasonable pre-estimate of damages and are not a penalty;

  • Travel Advisor shall be entitled to immediate injunctive relief without bond, including removal, correction, or retraction of offending content;

  • Travel Advisor shall recover all attorneys’ fees, expert fees, investigation costs, and enforcement expensesincurred in connection with such breach.

Third-Party Claim Cost Responsibility.
Client further agrees that if Client’s conduct, statements, or communications described above, whether made directly or indirectly, result in or give rise to any claim, demand, investigation, inquiry, or legal action by Fora Travel, Inc. or any affiliated or unaffiliated travel supplier against Travel Advisor, Client shall be fully and solely responsible for all costs incurred by Travel Advisor in connection therewith, including all attorneys’ fees, court costs, settlement amounts, judgments, fines, and related expenses, regardless of the outcome of such claim and regardless of whether Client is named as a party.

Client expressly waives any argument that such damages or costs are speculative, excessive, duplicative, or punitive and agrees that the remedies set forth herein are cumulative and not exclusive.

This Section survives termination of this Agreement and completion of travel.

18. GOVERNING LAW; EXCLUSIVE VENUE

This Agreement is governed by the laws of the State of New York.

Exclusive venue lies in the United States District Court for the Southern District of New York, or the New York state courts sitting within that District.

19. TIME LIMITATION ON CLAIMS

Any claim must be brought within one (1) month of the applicable event or completion of travel, or be forever barred.

20. MODIFICATIONS

Travel Advisor may amend this Agreement at any time. Continued engagement constitutes acceptance.

21. SEVERABILITY; SURVIVAL

Invalid provisions shall be severed. All waivers, indemnities, and limitations survive termination.

22. ENTIRE AGREEMENT; NO RELIANCE

This Agreement constitutes the entire agreement. Client disclaims reliance on any external statements.

23. FINAL ACCEPTANCE

BY ENGAGING IN ANY COMMUNICATION OR INTERACTION WITH TRAVEL ADVISOR, CLIENT ACCEPTS THIS AGREEMENT IN FULL.

24. CONSTRUCTIVE NOTICE; UNIVERSAL INCORPORATION BY REFERENCE

These Terms are continuously incorporated by reference into all communications and materials.

Actual receipt of full text is not required where reasonable notice exists.

25. ACKNOWLEDGMENT OF FAIRNESS; WAIVER OF UNCONSCIONABILITY

Client acknowledges this Agreement is commercially reasonable, fair, proportionate, and reflects an arm’s-length allocation of risk, and irrevocably waives any claim of unfairness or subjective invalidity.

26. NO PUBLIC COMMENTARY; MEDIA AND THIRD-PARTY COMMUNICATIONS WAIVER

Travel Advisor has no duty to comment publicly or privately regarding any incident or issue.

Silence shall not constitute fault, admission, or breach.

Client may not purport to speak on Travel Advisor’s behalf.