Aberrating Consultants LLC Terms & Conditions

***IMPORTANT*** PLEASE READ

Aberrating Consultants LLC
Terms & Conditions

Aberrating Consultants LLC Terms and Conditions 

Please thoroughly review these terms and conditions of Aberrating Consultants LLC and Aberrating.com, herein referred to as ACLLC. The main Participant(s) or booking Passenger(s) will be the only recipient of these terms and conditions. These terms and conditions apply to all participants and passengers receiving products or services. It is the sole responsibility of the main contact to inform all other Participant(s)/Passenger(s) of the contents of these terms and conditions. The Participant(s)/Passenger(s), by making or authorizing payment to ACLLC or to any Supplier/Vendor through ACLLC, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for all products and services offered or provided.

Services Offered

Aberrating Consultants LLC offers a broad variety of products and services, including and not limited to travel advisor services, to customers. Products and services may be provided by separate and independent vendors. All travel products are provided by separate and independent vendors of travel services. ACLLC Terms and Conditions supersede policies of any vendor, supplier or individual contractor utilized to provide products or services to customers.

Travel
Booking Accuracy/Legal Names

Participant(s)/Passenger(s) is required to immediately review all aspects of their booking to verify (but not limited to): Participant(s)/Passenger(s) 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 ACLLC immediately if any omissions and/or corrections are needed regarding the booking details. Participant(s)/Passenger(s) voluntarily assumes full & sole responsibility for all risks and/or costs involved with failure to report such errors and/or omissions. Participant(s)/Passenger(s) is required to verify the accuracy of the Participant(s)/Passenger(s)’s LEGAL first & last names. It is mandatory that guest names be identical to the Participant(s)/Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.

Travel Documents

Participant(s)/Passenger(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. Participant(s)/Passenger(s) assumes sole responsibility for, and hereby releases ACLLC from any claims or responsibility for any and all damages incurred as a result of Participant(s)/Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Participant(s)/Passenger(s) procure, and have on their person the proper travel documents at all times. ACLLC recommends the Participant(s)/Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.

Payments

ACLLC accepts Visa, American Express, Discover, Mastercard and any applicable Supplier/Vendor gift cards. Participant(s)/Passenger(s) making payments made with Supplier/Vendor gift cards will also be required to submit an acceptable verifiable valid credit card to keep on file. ACLLC holds reservations until “Deposit Due Date” (or however worded) indicated on your confirmation. If deposit/payment is not received by ACLLC on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your reservation or 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, Participant(s)/Passenger(s) voluntarily hold ACLLC harmless for cancellation of any reservation or booking for either late payment or declination of a credit card.

Non-Refundable Payments

ALL deposits, payments and fees authorized or paid are non-refundable. Non-Transferable Travel Arrangements made by ACLLC are non-negotiable and non-transferable and must be utilized by the individual named on the arrangements. Agency transfer for bookings will not be permitted.

Pricing

Prices and availability quoted by ACLLC are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Participant(s)/Passenger(s) agrees that ACLLC 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 ACLLC responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers/Vendors 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 ACLLC harmless for any actions or damages arising from Supplier/Vendor pricing. ACLLC reserves the right to charge Participant(s)/Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Participant(s)/Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.

Airfare

a. General conditions
General conditions governing air transport Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger 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. Passenger is responsible for any such fees. Regarding the purchase of air tickets, ACLLC 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 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 ACLLC may not be eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (ACLLC 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 enough time for reaching the second airport. The journey to the other airport is at your own expense. ACLLC will not reimburse you for these costs, nor will it be liable if you miss the second flight. ACLLC’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 ACLLC. ACLLC 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. ACLLC 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 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 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, ACLLC 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: Invalidate the ticket(s). Cancel any remaining portion of your itinerary. Confiscate any unused Flight Coupons. Refuse to board you and to carry your baggage. 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. Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program. Take legal action against you.

c. Loss of air tickets
You agree to safeguard your tickets and bear all costs related to loss of theft. If you lose your air ticket or if your ticket is stolen, ACLLC 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 the 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. ACLLC 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 ABOVE, YOU AGREE THAT ACLLCIS 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.

Accommodations and Activities

“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camping grounds, and resorts.

a. Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by ACLLC 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. ACLLC makes no guarantee about the suitability or availability of accommodations, and if the specific 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. ACLLC is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.

c. Types of rooms
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. ACLLC makes no guarantee that its descriptions and photographs are an exact representation of the specific rooms offered.

d. Meals
Depending 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 regarding 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. ACLLC will not be held liable for any event or activity participated in before, during or after travel even but not limited to 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. Generally, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season, it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that ACLLC is not liable for activities unavailable due to any of the reasons listed above as well as any reason not listed. 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, ACLLC 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.

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.

Pregnant women

Some Suppliers/Vendors have policies regarding pregnancy. ACLLC 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 ACLLC will not be liable for any damages arising from inability to participate in any part of or the entire Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.

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. ACLLC make 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. ACLLC has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.

Cancellation Policies

All cancellations or no-shows are subject to penalties imposed by the supplier/vendor. If you require a copy of these terms, please contact the supplier or your travel advisor at ACLLC. Additionally, all booking cancellations, or no-shows are considered cancellations and subject to a non-refundable cancellation fee.

a. Cancellation Fee An administrative fee of $25 per person will be added to all cancellations and payable to ACLLC directly. This fee is in addition to any deposits and cancellation penalties assessed. The cancellation fee is due at the time of cancellation. Cancellation penalties and fees not paid at the time of cancellation will be drafted by ACLLC using any payment method on file. Acceptance of these terms and conditions constitutes a payment authorization for any card on file for the cancellation fee of $25 per person listed on the booking being cancelled. The cancellation fee imposed by ACLLC may be waived if a written request is received within 3 business days of cancellation when you contact ACLLC to cancel your booking. All bookings cancelled for non-payment will be assessed the cancellation fee. Bookings cancelled by the vendor/supplier for non-payment are not eligible for a waived cancellation fee.

b. Cancellation Penalty Schedule
Regardless of cancellation day, ANY booking or event communicated as “ALL SALES FINAL” or “NO REFUNDS”-Cancellation Penalty is 100% of Total Cost

For all other bookings:
Up to 181 days prior to agency’s scheduled final payment-Cancellation Penalty is Non-refundable deposits + No Additional Penalty
180 to 121 days prior to agency’s scheduled final payment-Cancellation Penalty is Non-refundable deposits + up to 25% of Total Cost
120-91 days prior to agency’s scheduled final payment-Cancellation Penalty is Non-refundable deposits + up to 50% of Total Cost
90 days up to trip’s scheduled departure date-Cancellation Penalty is 100% of Total Cost

c. Cancellation Notification Process
All cancellations MUST be in writing and sent to ACLLC by fax to 1-214-983-8813 or by email to cancel@aberrating.com. Cancellations sent to any other address will not be processed. Upon making the booking, Participant(s)/Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by ACLLC and the supplier. Cancellations are posted on day that the complete cancellation documents are received by ACLLC so long as they are received before 5:00 p.m. Central Time 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– it will NOT be processed until the following Monday morning. Your cancellation will be confirmed via email when processed.

Travel Protection

Travel insurance protection is Strongly Recommended. As your travel advisors, 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 customer and we advise you to do your research and find coverage that best fits your individual needs. ACLLC 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 travel protection was 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 Participant(s)/Passenger(s) are responsible for reviewing upon receipt of your travel protection policy. ACLLC is not able to give advice regarding possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with ACLLC due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that ACLLC cannot be involved in any aspect of your claim/request for service. Participant(s)/Passenger(s) acknowledge and agree that ACLLC has no control over the travel insurance provider or its coverage decisions, and as a result ACLLC is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

ALL PRODUCTS & SERVICES
Advisor/ Agent/Intermediary/Consultant

ACLLC is an intermediary between the Suppliers/Vendors and the public. ACLLC 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/Vendors who provide goods or services for the Participant(s)/Passenger(s)’ trip. Participant(s)/Passenger(s) acknowledge and agree that ACLLC shall not be responsible for any loss, damage, delay, inconvenience or injury to Participant(s)/Passenger(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 ACLLC or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives. Suppliers/Vendors reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Participant(s)/Passenger(s) acknowledge and agree that ACLLC is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. ACLLC is not liable for any loss due to Participant(s)/Passenger(s) gambling and is not responsible for any purchases made while on the trip. ACLLC recommends that all Participant(s)/Passenger(s) be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to ACLLC at the time of reservation upon initial booking so ACLLC can contact the Suppliers/Vendors to investigate amenities and/or special accommodations offered. Participant(s)/Passenger(s) 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/Vendors may require that the Participant(s)/Passenger(s) be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers/Vendors often reserve the right to reject Participant(s)/Passenger(s) whose mental or physical condition may interfere with the itinerary. Participant(s)/Passenger(s) acknowledge and agree that ACLLC shall be held harmless for all claims relating to Supplier/Vendors rejection relating to mental or physical condition. While ACLLC prides itself on selecting top quality Suppliers/Vendors, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s or Vendor’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Participant(s)/Passenger(s) acknowledge and agree that ACLLC shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall ACLLC 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 Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of Participant(s)/Passenger(s) and baggage.

Limitation of Liability

Without limitation, Participant(s)/Passenger(s) assume the risk of, and agree that ACLLC is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.

Modification of Terms and Conditions

The Terms and Conditions may be amended or modified by ACLLC at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making any booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you. Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with ACLLC. Without this acceptance any order is subject to cancellation at any time. The failure of ACLLC to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. ACLLC does not guarantee it will act against all breaches of this these Terms and Conditions.

Severability

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Headings

Headings are for reference purposes only and do not limit the scope or extent of such section.

Mandatory Arbitration / Forum / Choice of Law

The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Texas. The Parties agree that the arbitration shall take place in Ellis County, Texas and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against ACLLC. If Participant(s)/Passenger(s) fails to submit their claim to arbitration and instead files suit, ACLLC shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and ACLLC agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.