ELx Terms & Conditions
These terms and conditions (“Terms and Conditions” and/or “Terms”) govern the relationship between ELx Travel (“ELX” and/or “we/us/our”) and you, the traveler and/or payee (“Client(s)” and “Traveler(s)” and “you/your”). By planning and booking travel with ELx Travel, you agree to these Terms and acknowledge that ELX acts only as a booking agent for principal travel suppliers, tour operators, hotels, airlines, cruise lines, air charters, ground transportation companies, excursion companies, and other independent contractors or suppliers providing accommodations, transportation, and other services (Supplier(s)), and we are not the source or provider of the travel services. These Terms include warranties, disclaimers, and exclusions of liability and may restrict your rights and remedies and provide protection to ELX.
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USE OF SERVICES AND TRAVEL BOOKINGS
By entering into this Agreement and booking travel reservations with ELX, you confirm that you are at least 18 years old and have the legal authority to do so. All travel reservations you make on behalf of yourself and any member of your traveling party are your responsibility financially. You agree that all information you provide is accurate and true on behalf of yourself, your household members, or others for whom you have the authorization to conduct business. ELX and its Suppliers require that you only make legitimate reservations or purchases, and you acknowledge that any speculative, false, or fraudulent reservations are prohibited.
ELX acts as an agent for the Suppliers on your itinerary and accepts all bookings. ELX has the right to deny service if the itinerary does not fit our company's product line. The Terms and Conditions of any Supplier that goods and services are purchased from will apply to your reservation and purchase. By agreeing to these Terms, you understand and agree to abide by the Terms and Conditions of purchase imposed by any Supplier you have selected and approved for your itinerary.
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ELX is an Independent Agent of Cruises & Tours Unlimited, FST No. ST15578, TI103458, CST No. 2090937-50, Washington UBID No. 603189022, and Iowa Registered Agency No. 1202. Registration as a seller of travel does not constitute approval by the State.
PAYMENTS AND CANCELLATIONS
You are fully responsible for all charges, fees, duties, taxes, and all other financial assessments that come from your travel bookings through ELX. By submitting a credit card authorization form to ELX, you agree to allow us to use that payment method to make travel product purchases from our Suppliers on your behalf on the day it was authorized.
You agree not to file any dispute with your bank or credit card company to avoid or violate any booking Terms of ELX or the Suppliers (except in cases of fraud). This includes cancellations or changes for reasons beyond the control of ELX of the Suppliers. If chargebacks, payment reverses, or recollection of previously authorized trip payments are attempted, ELX has the right to collect all costs, fees, and/or expenses incurred from this, including and without limitation any attorney or legal fees.
Under each Supplier's Terms and Conditions of booking, all travel payments are due before departure by the date the Supplier has established. Failure to make final payments or any violation of the Supplier's conditions of purchase may result in forfeiting any monies paid on your reservations, cancellation of your reservation, and/or declined access to flights, hotels, cruises, tours, or other travel services. In most cases, once a booking is made, and under deposit, there are NO REFUNDS. ELX is not responsible for these losses.
Any changes or cancellations made after confirmation of booking may not be refunded and at the discretion of the Supplier's Terms and Conditions. All cancellation and change requests must be in writing and sent to ELX. If cancellations or changes are made, the third-party Supplier’s cancellation penalties will apply, along with ELX cancellation penalties. Those penalties or fees will be charged to the card/payment method authorized to pay for the services.
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CLIENT MANAGEMENT AND ETIQUETTE
On any trip booked by or escorted by ELX, you are expected to act responsibly and adhere to all behavior guidelines established by ELX and the Suppliers. You will be removed from any facility, resort property, tour location, or transportation if your health or conduct appears to endanger yourself or others, disrupts the well-being of others on your trip or interferes with the operation or security of the places visited. In such cases, there will be no refund.
When you book a trip with ELX, you agree to accept responsibility for any damage or loss caused by you. You must fully pay any damage costs directly to the accommodation owner, manager, or the affected Supplier. We are not responsible for any costs incurred by a Client who is removed from a trip or any portion of a trip. You must indemnify us for the full amount of any claim (including legal costs) made against us. You agree not to hold ELX or any related entities liable for any actions taken under these Terms. All baggage and personal effects are the Client's sole responsibility at all times.
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DISCLOSURE AND LIMITATIONS OF RESPONSIBILITY
ELX is solely a booking agent for disclosed principal Suppliers and does not provide any travel services itself. The Suppliers are independent entities with their own management and are not controlled by ELX. The Suppliers whose names appear in the travel documentation are responsible for providing the travel services you purchased. You consent to the use of those Suppliers upon purchasing their services.
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By entering this agreement, you understand that ELX does not have the right to control the operations of these independent Suppliers and operators. You understand and agree that ELX is not liable for any property damage, personal injury, or any other personal liabilities that may arrive out of these services. ELX, therefore, disclaims any liability, whether based on contract, strict liability, or including, without limitation, liability for any direct, punishable, incidental, or indirect damages in connection with the services provided by any Supplier booked through ELX. This includes, without limitation, liability, for any act, omission, injury, loss, accident, error, delay, or irregularity that could be incurred through willful or negligent acts of any Supplier or associate involved with said Supplier, including but not limited to their failure to deliver services, partial or inadequate performance of services, their cancellation and refund policies, fuel or currency increases, bankruptcies, the ending of their operations, and any other issue that is outside of ELX’s control. As such, you hereby release ELX from all liability.
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The Client agrees that any recovery from ELX will be limited to the amount of commissions and fees, which are the only amounts received by ELX for travel transactions.
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TRAVEL DOCUMENTS AND ACCEPTABLE IDENTIFICATION REQUIREMENTS
When you receive travel documents, it is YOUR responsibility, and each Traveler's responsibility, to review and verify that all information is accurate. Contact ELX immediately if changes are needed. It is YOUR responsibility, and each Traveler's responsibility, to obtain all documents and identification required by the applicable government regulations. This includes, but is not limited to, a valid passport, visa(s), and any other legal documents or health requirements the government requires. The Client is required to make ELX aware if they are traveling with a passport from a country other than the United States ELX neither controls, nor warrants, the issuance of visas, approval of visas, or any other travel-related identification requirement. Should the Traveler not obtain the required identification or documents needed for travel, ELX is not responsible for lost payments or other losses the Traveler may incur.
The TSA, U.S. Transportation Security Administration, as well as the DHS, U.S. Department of Homeland Security, requires every Traveler to have certain identification to board a flight. Acceptable forms of identification can be found at https://www.tsa.gov/travel/security-screening/identification. Non-United States citizens may require additional documentation and it is the Travelers' responsibility to obtain the necessary additional documents. Names, dates of birth, and gender on your identification must exactly match your documents and airline tickets. It is your responsibility to review that they match.
ELX strongly recommends that Travelers' passports are valid for at least six (6) months of the anticipated return date, as some countries will not admit a Traveler otherwise.
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By entering this agreement, you acknowledge that the failure to comply with these requirements may result in denial of boarding, or delay at airport security, causing Travelers to miss flight(s) and other scheduled travel-related bookings. ELX is not responsible for this failure, and any financial losses due to this failure.
Minors, children, and infants also require travel documentation and other legal consent forms. The U.S. Customs and Border Protection Agency has requirements and consent forms needed for any type of minor traveling, including but not limited to, minors traveling with only one, or neither parent, groups of children under the age of 19 traveling with a school group, religious group, and other organizations, or any other situation they have listed. Certain identification may be needed, along with legal written consent by the parental or legal guardian. The requirements can be found at: https://help.cbp.gov/. Should the Traveler not obtain the required identification or documents needed for the minors to travel, ELX is not responsible for lost payments or other losses the Traveler may incur.
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Rules of each country regarding entry and exit change daily, and it is the Client's responsibility to understand and follow those rules. Countries might also have different views of past criminal offenses, whether within or outside of their boundaries. ELX does not inquire about a Traveler’s criminal record out of respect for the Client's privacy. If you have a current or past criminal offense, it is the Client's responsibility to know and understand the country's entry and exit requirements before booking their travel. Visit the U.S. State Department Website for further information about these requirements: https://travel.state.gov/content/travel.html.
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MINIMUM REQUIREMENTS, ALTERATIONS, AND UNUSED TRAVEL
Some Suppliers' tours and packages are based on a minimum number of passengers traveling; if the number of passengers does not meet the required minimum, a surcharge may be imposed, or the tour may be canceled. These cancellations of tours or packages will be subject to the tour operator's cancellation policy.
In the event that you decide to change any portion of your confirmed arrangements before your trip or during your trip, ELX will make every effort, in our control, to assist you. Some bookings may not be able to be changed. All requests for changes must be made in writing to ELX before action is taken.
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Several reasons may lead to itinerary alterations made by the Suppliers, including but not limited to severe weather. ELX is not responsible for any changes or alterations to an itinerary, as they the sole discretion of the Supplier.
If the package, tour, cruise, or other travel-related packages are based on the Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
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FOREIGN FEES AND CURRENCY FLUCTUATIONS
ELX is not responsible for surcharges or foreign transaction fees imposed by the Travelers, their credit card, or their bank. Currency exchange rates fluctuate. Prices are subject to change based on currency exchange rate fluctuations.
OFFERS ARE SUBJECT TO AVAILABILITY AND ERROR CORRECTIONS
All offers, incentives, and promotions are subject to the Supplier's availability and may change without notice. Prior to booking, Clients are advised to reserve early to avoid the increase in pricing, loss of needed availability, and/or additional late booking fees.
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ELX reserves the right to correct errors. If any pricing error or omission occurs, we reserve the right to adjust such pricing or make any other corrections.
RISKS AND SAFETY DISCLAIMERS
Travel to any destination may involve risk, with some destinations having greater risk than others. ELX does not represent or warrant travel to particular destinations as advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to those destinations. The Client acknowledges this and accepts travel at their own risk.
In the event of an emergency, ELX will investigate the situation and will have the sole and absolute discretion whether to proceed with any ELX escorted trip or private departure or to make alterations to any itinerary.
ELX recommends and urges Clients to remain informed daily on current news events, travel prohibitions, warnings, and advisories issued by the United States Government before booking travel. Information on health and safety conditions, along with the level of risk associated with travel to particular destinations, can be found at http://www.state.gov, http://www.tsa.gov, and http://www.cdc.gov. It is the Client's duty to be fully aware of all the risk factors before booking travel and ELX is released of any responsibility.
The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens traveling internationally. 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 at: https://step.state.gov/step/.
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TRAVEL INSURANCE
ELX provides access to travel insurance options to protect travelers and their investments in travel. ELX employees are not licensed insurance brokers but will provide information and quotes to Clients for purchase for their convenience, and the purchase is at the sole discretion of the Client. Travel insurance is not included in ELX packages unless specifically noted, to protect Clients against Suppliers' default/bankruptcy protection, interruption, delay, missed connections, cancellations, medical emergencies or transportation/evacuation and repatriation, baggage and personal belongings/lost luggage, and baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Travel insurance can protect Clients from financial loss in almost all circumstances and is highly recommended.
The Client understands and agrees that without appropriate travel insurance, if the Client's trip is canceled or interrupted for any reason, portions of the trip may not be refundable and ELX and their travel Suppliers’ cancellation penalties will apply, resulting in the loss of investments, up to the full cost of the Client’s booking and travel-related expenses.
Purchasing travel insurance is not a requirement in order to work with ELX or purchase services offered by ELX, however, it is highly recommended. ELX and its employees are not licensed insurance brokers and are not qualified or authorized to answer questions regarding insurance policy benefits, conditions, exclusions, or any legal details, nor evaluate the adequacy of the Clients existing insurance coverage. If the Client chooses to purchase a travel insurance policy, it will be an additional, third-party charge, directly to the insurance company and not included in their ELX vacation package. ELX does not guarantee the insurance providers will approve coverage for any claims made under the insurer’s policy and makes no representation of the extent of coverage for any policy it may offer, quote, or purchase on behalf of the Client.
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DISABILITIES, SPECIAL NEEDS, AND ACCESSIBILITY.
Travelers with disabilities or special needs who may require additional support, accommodation of a disability, non-emergency special services, or any other special needs-related services, should advise ELX in advance of booking, so requests and assistance or arrangements for appropriate services or equipment can be made. When Travelers are unable to use their personal wheelchairs, mobility devices, medical equipment, or devices, rentals of this type of equipment can be arranged and may result in additional charges outside of ELX travel packages. These charges are the Clients responsibility. Airlines can also impose charges for additional baggage for said equipment, and can also have restrictions on the size of mobility devices that they can accommodate. These charges are also the Clients responsibility.
If you are traveling with a service animal or emotional support animal, Suppliers may require advance arrangements and special documentation of the animal’s health and training. These arrangements are the Client’s responsibility.
Laws and regulations on disabilities and special needs will vary from country to country, when traveling outside of the United States, such as the different standards of accommodations or accessibility. ELX is committed to assisting Travelers with disabilities or special needs but is not responsible for the failure of Suppliers to meet the needs of Travelers when the Supplier follows laws and regulations of the local jurisdiction of the particular country. Also, the laws and regulations of those local jurisdictions covering those with disabilities or special needs can change without advance notice at the discretion of the countries government, and ELX takes no responsibility in the case of changes to the legal or regulatory requirements of the countries you may visit on your trip.
ELX highly recommends that you consult with your health practitioner about the details of your trip. Certain destinations have limited medical facilities or limited availability of prescription medications that you might need. ELX recommends that you bring your prescription medications with you, in their original containers, in a bag that you will have immediate and constant access to such as a purse or carry-on bag. Some travel insurance plans may provide access to emergency medical care, medical evacuation, and replacement of prescription medication. ELX recommends the purchase of these comprehensive travel insurance on all bookings, along with any additional add-on benefits that cover any special needs or disabilities you have.
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AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
ELX shall not assume any responsibility for any air schedule changes, including but not limited to, delays, connection changes, or cancellations. In a few instances, before departing from certain countries, departure taxes may need to be paid in cash only and could vary in price. ELX has no responsibility over these charges and it is the sole responsibility of the Traveler. Failure to have a reservation can result in the automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. The Client agrees and understands these charges or changes.
It is the Clients responsibility to know the flight schedule and arrive at the airport at the appropriate times. ELX takes no responsibility if the Client misses their flights and we take no responsibility for additional charges that may incur by rebooking or changing flights once a flight has been missed. ELX strongly recommends that you check in at the airport a minimum of 2 hours prior to your scheduled departure time for domestic flights and 3 hours prior to your scheduled departure time for international flights. We recommend the Client reconfirms flight times at least 24 hours prior to the scheduled departure time for domestic flights, and 72 hours prior for international flights.
By checking in for a flight, tour, or cruise, you may be agreeing to additional Terms and Conditions imposed by that Supplier. If you have authorized ELX to check you in for any component of your trip, then you take full responsibility for agreeing to and complying with the Supplier’s Terms and Conditions of check-in. Airline e-tickets expire a year from the issue date unless carrier fare rules in the passenger’s itinerary fare provide otherwise.
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HAZARDOUS MATERIALS ON AN AIRCRAFT
Federal law prohibits passengers from bringing hazardous materials on the aircraft. Each Traveler understands and acknowledges they are aware of the restrictions on hazardous materials. The restrictions are listed here: http://www.tsa.gov/traveler-information/prohibited-items. You can also learn more here: https://www.faa.gov/hazmat. For more information, each Traveler should contact the relevant airline representative(s). It is the Traveler's responsibility to ensure they are not bringing these materials on an aircraft. You hereby release ELX from all liability.
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AIRCRAFT DISINSECTION NOTICE
The U.S. Department of Transportation lists the airports in countries that require airlines to treat passenger cabins with insecticide before the flight or while on the aircraft. ELX recommends that you review the DOT list on their website: https://www.transportation.gov/airconsumer/spray. This list is updated periodically.
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HEALTH REQUIREMENTS AND IMMUNIZATIONS
Certain destinations require immunizations and documentation of such, health screenings, vaccinations, and other health-related requirements before travel. ELX is not responsible for health, vaccination, or documentation accuracy before departure or upon arriving at the final destination. In some cases, information from the Client's health practitioner may be required, and the Client takes full responsibility for this. If certain medications or inoculations are needed, the Client is responsible to check with their health practitioner BEFORE booking and paying for travel services through ELX. If needed, the Client can check online for information relating to certain destinations' health requirements and health issues at: http://travel.state.gov, or http://wwwnc.cdc.gov/travel/.
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GENERAL
The laws of the State of Maine govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in York County, Maine in all disputes arising from or relating to travel bookings with ELX.
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If any part of these Terms and Conditions is determined to be invalid or unenforceable according 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 referenced herein) constitute the entire agreement between you and ELX concerning travel bookings or travel-related purchases made with ELX by any means, and it supersedes all prior understandings of any kind, whether electronic, written, or oral, concerning the Terms and the subject matter hereof, between you and ELX. 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.
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FORCE MAJEURE
ELX will not breach these Terms or otherwise be liable to you, for any performance of the obligation that is hindered, delayed, or prevented under this Agreement that is due to certain circumstances beyond its reasonable control, such as the following: acts of God, accident, epidemic, pandemic, riots, war, civil commotion, terrorist act, quarantine, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of ELX. Travel insurance is highly recommended on all trips but is at the sole discretion of the Client to purchase this coverage.
In addition, each Supplier that ELX uses has Terms and Conditions, which include Force Majeure provisions. If a Force Majeure event occurs, those Suppliers may be entitled to and may, in their sole and absolute discretion, vary, postpone, or cancel any itinerary or arrangement concerning the trip. As a result of any changes to your trip or obligations from the Supplier, payments of any kind including but not limited to refunds, is in the sole and absolute discretion of the Supplier, based on their policies. ELX will put forth its best effort to get you reimbursements where possible.
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CHANGES TO THESE TERMS
ELX reserve the right to change these Terms and Conditions at any time. The updated versions of the Terms will be provided to current Travelers and will be updated on our website. The update is effective immediately upon posting.
Updated: January 23, 2023