Terms and Conditions

Travel Terms and Conditions

1. INTRODUCTION. Welcome to Modern Family Travel LLC! This Travel Terms and Conditions Document (“Terms and Conditions”) applies to any and all travel related services (“the Services”) booked through Modern Family Travel LLC (“Modern Family Travel LLC” “we” “us” “our”). By booking and utilizing the Services we provide, you understand and agree to accept and adhere to the following Terms and Conditions.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS OR CONCERNS. THE PRIMARY TRAVELER NAMED ON THE BOOKING (“TRAVELER”) WILL BE THE ONLY RECIPIENT OF THESE TERMS AND CONDITIONS. IT IS THE SOLE RESPONSIBILITY OF TRAVELER TO INFORM ALL OTHER PARTIES TRAVELING ON THE SAME BOOKING OF THE CONTENTS OF THESE TERMS AND CONDITIONS. TRAVELER, BY BOOKING WITH MODERN FAMILY TRAVEL, ACKNOWLEDGES THAT THEY HAVE BEEN ADVISED OF, REVIEWED, AND HEREBY ACCEPT THESE TERMS AND CONDITIONS AND CONTRACT FOR TRAVEL RELATED SERVICES ON BEHALF OF THEMSELVES AND THEIR PARTY.

2. BOOKING ACCURACY/LEGAL NAMES. Traveler is required to immediately review all aspects of their booking to verify (but not limited to): Traveler names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify Modern Family Travel immediately if any omissions and/or corrections are needed regarding the booking details. Traveler(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Traveler is required to verify that Traveler’s first & last name match legal identification documents such as driver’s license and/or passport. Likewise, it is mandatory that Guest names match such Guest’s first and last names as they appear on legal identification such as driver’s license and/or passport.

3. TRAVEL DOCUMENTS. Traveler(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Traveler(s) assumes sole responsibility for, and hereby releases Modern Family Travel from any claims or responsibility for any and all damages incurred as a result of Traveler(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Travelers procure, and have on their person the proper travel documents at all times. Modern Family Travel recommends the Traveler(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements. 

4. PAYMENTS.  Modern Family Travel accepts Visa, American Express, Discover, and Mastercard. Modern Family Travel holds reservations until “Deposit Due Date” indicated on Traveler’s confirmation. If deposit/payment is not received by Modern Family Travel on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Traveler(s) voluntarily hold Modern Family Travel harmless for cancellation of any booking for either late payment or declination of a credit card.

5. PRICING. Prices and availability quoted by Modern Family Travel are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Traveler agrees that Modern Family Trave is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Modern Family Travel 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 Modern Family Travel harmless for any actions or damages arising from Supplier pricing.

Modern Family Travel reserves the right to charge Traveler(s) for any increase in taxes, fees or surcharges (i.e. fuel). Traveler(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.

6. AIRFARE.

a. General Conditions Governing Air Transport. Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Traveler names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Traveler is responsible for any such fees. With regard to the purchase of air tickets, Modern Family Travel acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.

All tickets will be issued for economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through Modern Family Travel may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure. (Modern Family Travel recommends confirming 72 hours prior).

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, 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. Modern Family Travel will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

Modern Family Travel’s responsibilities in 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 Modern Family Travel. Modern Family Travel is 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. Modern Family Travel will not provide any refund for Trips missed, in part or full.

b. Prohibited Practices. You agree that you will not deviate from your booking by making any unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited. The use of two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited.

Where a ticket is purchased and used in violation of these rules, Modern Family Travel and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following:

1) Invalidate the ticket(s);

2) Cancel any remaining portion of your itinerary;

3) Confiscate any unused Flight Coupons;

4) Refuse to board you and to carry your baggage;

5) Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;

6) Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;

7) Take legal action against you.

c. Loss of air tickets. 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, Modern Family Travel advises that you immediately report it to the police and to the airline.

d. Luggage. Each airline has its own policy regarding 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 contemplated 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. Modern Family Travel strongly recommends that you obtain an insurance policy covering the value of your items.

e. Limitation of Liability for Air Transport. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH BELOW, YOU AGREE THAT MODERN FAMILY 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, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.

7. ACCOMMODATIONS AND ACTIVITIES. “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to Traveler(s) including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camp grounds, and resorts.

a. Accommodation classifications. The number of stars attributed to the hotels and other providers of accommodations quoted by Modern Family 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 customers. Modern Family 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. Modern Family 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. Modern Family Travel makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.

d. Meals. 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 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 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. Activities offered during your stay. An activity may not be appropriate for all ages or for individuals with certain medical conditions. Modern Family 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 umbrellas, 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 Modern Family 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 MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERN FAMILY 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.

f. Infants. We ask parents travelling 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.

g. Pregnant women. Modern Family 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 Modern Family 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.

h. 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. Modern Family 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. Modern Family 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.

8. CANCELLATION POLICIES. All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at Modern Family Travel. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable $50 per person fee imposed by Modern Family Travel. The cancellation fees imposed by MODERN FAMILY TRAVEL are waived if the written request is received within a 3 business day grace period from your booking date as noted on your confirmation.

All cancellations MUST be in writing and sent to Modern Family Travel by email to info@ModernFamilyTravelLLC.com and to your agent’s email address. Cancellations sent to any other address will not be processed. Upon making the booking, Traveler(s) hereby accept & acknowledge liability for all cancellation fees imposed by Modern Family Travel and the supplier(s). Cancellations are posted on the day that the complete cancellation documents are received by Modern Family Travel so long as they are received before 5:00 p.m. Eastern on a business day. All other cancellations will be posted on the next business day. Example: If a fax is received at 6pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email when processed.

9. TRAVEL PROTECTION. Travel insurance protection is Strongly Recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the Traveler and we advise you to do your research and find coverage that best fits your individual needs. Modern Family Travel is limited to advising you of the need for such coverage.

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 Traveler are responsible for reviewing upon receipt of your travel protection policy. Modern Family Travel is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage 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 Modern Family Travel due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Modern Family Travel cannot be involved in any aspect of your claim/request for service. Traveler(s) acknowledge and agree that Modern Family Travel has no control over the travel insurance provider or its coverage decisions, and as a result Modern Family Travel is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

10. AGENT/INTERMEDIARY. Modern Family Travel operates as an intermediary between the Suppliers and the public. Modern Family Travel does not own or operate any of, 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 the Traveler(s)’ trip. Traveler(s) acknowledge and agree that Modern Family Travel shall not be responsible for any loss, damage, delay, inconvenience or injury to Traveler(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than Modern Family Travel or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.

Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Traveler(s) acknowledge and agree that Modern Family Travel is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Modern Family Travel is not liable for any loss due to Traveler’s gambling and is not responsible for any purchases made while on the trip.

Modern Family Travel recommends that all Travelers be in good physical and mental health and have medical approval to travel. Traveler is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Traveler be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Travelers whose mental or physical condition may interfere with the itinerary. Traveler(s) acknowledge and agree that Modern Family Travel shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.

While Modern Family Travel prides itself on selecting top quality Suppliers, no 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. Traveler(s) acknowledge and agree that Modern Family 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 Modern Family Travel 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. The Traveler admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of Travelers and baggage.

11. FORCE MAJEURE. Without limitation, Traveler(s) assume the risk of, and agree that Modern Family Travel is not liable for any loss or damages arising from or related to any force majeure event including, but not limited to, 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.

12. INDEMNIFICATION. Traveler agrees to indemnify, defend, and hold Modern Family Travel harmless from any and all losses, costs, liabilities, and expenses, including attorney’s fees (“Claims”), for or arising in connection with or resulting from the breach of any provision of these Terms and Conditions.

13. DISCLAIMER OF WARRANTY. MODERN FAMILY TRAVEL LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

14. LIMITATION OF LIABILITY. EXCEPT AS PROHIBITED BY LAW, MODERN FAMILY TRAVEL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND CONDITIONS AND ANY VIOLATION BY TRAVELER OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MODERN FAMILY TRAVEL LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MODERN FAMILY TRAVEL LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

15. GOVERNING LAW AND DISPUTE RESOLUTION. These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles. All disputes relating to These Terms and Conditions that are not informally resolved will be filed in the appropriate courts in Montgomery County, Pennsylvania. All Parties irrevocably consent to the personal jurisdiction in the courts of Montgomery County, Pennsylvania and any case filed must be on an individual basis and not aggregated with the claims of any third party; class action is prohibited. Traveler agrees to pay all fees incurred by Modern Family Travel for collection of unpaid fees and expenses, including, but not limited to, collection fees, court filing fees, and reasonable attorney fees. 

 

16. WAIVER AND SEVERABILITY. No waiver by Modern Family Travel LLC of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Modern Family Travel LLC to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

17. MISCELLANEOUS. These Terms and Conditions may not be assigned or delegated by either Party without the prior written consent of the other Party, except that Modern Family Travel may assign or delegate its rights and obligations under these Terms and Conditions to any entity that controls, is controlled by, or is under common control with Modern Family Travel or in connection with a merger, acquisition, reorganization, or similar corporate transaction upon written notice to Traveler. These Terms and Conditions shall be binding on and inure to the benefit of the Parties’ successors and permitted assigns. All parts of These Terms and Conditions that by their terms reasonably should survive termination or expiration shall survive, including terms related to indemnification, limitation of liability, and dispute resolution. Traveler agrees that no agency, joint venture, or partnership is created by these Terms and Conditions and that the Parties are independent contractors to one another. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified. Traveler agrees that these Terms and Conditions, together with any Contracts of travel (the terms of which are incorporated herein by reference), contains the entire understanding and agreement of the Parties and there are no other representations, warranties, promises or undertakings between the Parties. These Terms and Conditions supersede and cancel all previous agreements between the Parties.