(Click-to-Accept | Texas Governing Law | Independent Intermediary Model)
This Travel Services Agreement (this “Agreement”) is entered into between Luxara Travel, LLC, a Texas limited liability company (the “Company”), and the individual electronically accepting this Agreement (the “Client”). This Agreement becomes effective upon the Client’s affirmative electronic acceptance.
The Company provides travel planning consultation and booking coordination services. The Company’s services are limited to assisting the Client in identifying, arranging, and facilitating reservations with independent third-party travel suppliers, which may include tour operators, cruise providers, hotels, transportation providers, guides, activity operators, and related service providers (collectively, “Suppliers”).
The Company does not provide transportation, lodging, cruises, guided tours, excursions, or any other travel services directly. All travel services are performed exclusively by Suppliers under their own operational authority, supervision, and control.
The Company does not own, operate, manage, supervise, or control any Supplier. The Company does not control Supplier personnel, equipment, facilities, safety procedures, policies, or performance standards.
The Company’s obligations are strictly limited to advisory services, itinerary coordination, booking facilitation, and payment transmission. The Company does not undertake responsibility for the execution, safety, or performance of travel services.
The Company and each Supplier operate as independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency relationship, fiduciary relationship, employment relationship, or joint enterprise between the Company and any Supplier.
The Company has no authority to bind any Supplier, alter Supplier policies, waive Supplier requirements, or make representations on behalf of a Supplier other than transmitting confirmed information provided by that Supplier.
The Client acknowledges that the Company is not the agent of any Supplier and that Suppliers are not agents of the Company.
Although the Company may recommend Suppliers based on experience or reputation, the Company does not warrant, represent, or guarantee the performance, safety, quality, suitability, or timeliness of services provided by Suppliers.
The Company does not guarantee that travel experiences will meet the Client’s expectations or that travel will occur without delay, modification, inconvenience, or disruption.
The Client acknowledges that travel services are inherently variable and may be affected by factors beyond the Company’s control, including local conditions, infrastructure limitations, weather, public health issues, operational decisions by Suppliers, and governmental actions.
All travel services are provided by independent Suppliers. The Company shall not be liable for any act, omission, negligence, error, breach, or misconduct of any Supplier.
The Company shall not be responsible for mechanical failure, transportation delay, overbooking, cancellation, service interruption, injury, illness, death, property damage, loss of personal belongings, or any event arising out of Supplier services.
The Client agrees that any claims relating to the execution, safety, or quality of travel services must be brought directly against the responsible Supplier.
The Client acknowledges that international travel involves inherent risks, including political instability, civil unrest, terrorism, transportation hazards, infrastructure differences, public health risks, and variations in medical care quality.
The Client voluntarily assumes all risks associated with international travel and participation in activities arranged through Suppliers.
The Company strongly recommends that the Client obtain comprehensive travel insurance, including coverage for trip cancellation, interruption, medical expenses, and emergency evacuation. The Company does not provide insurance and makes no representation regarding coverage adequacy.
The Client is solely responsible for obtaining valid passports, visas, and any required entry authorizations.
The Client is responsible for complying with vaccination requirements, public health mandates, and local laws of all destinations.
The Client is responsible for evaluating personal physical and medical fitness for travel and planned activities.
The Company has no obligation to independently verify the Client’s compliance with travel documentation or health requirements.
In the event of a medical emergency during travel, the Client authorizes Suppliers and local medical providers to obtain emergency medical treatment as reasonably necessary.
The Company shall not be responsible for medical decisions, treatment outcomes, or medical expenses incurred by the Client.
The Company collects payments as an intermediary solely for the purpose of transmitting funds to Suppliers to secure travel services.
Unless otherwise specified in writing, the following payment schedule applies to all travel bookings:
50% of the total trip cost is due at the time of booking in order to secure reservations with Suppliers.
25% of the total trip cost is due between 60 and 90 days prior to the scheduled departure date.
The remaining 25% is due no later than 30 days prior to the scheduled departure date.
Reservations are not considered confirmed until the required deposit has been received. If a booking is made within 60 days of departure, the Company may require a larger deposit or full payment at the time of booking.
Once funds are transmitted to a Supplier, such funds become subject to the Supplier’s cancellation and refund policies. The Company does not retain control over those funds after transmission.
The Company does not guarantee refunds unless funds are returned by the Supplier.
The Company may retain professional service fees for planning and coordination services. These fees are separate from Supplier charges and are non-refundable unless expressly agreed otherwise in writing.
If the Client fails to make any required payment by the applicable due date, the Company reserves the right to suspend planning services, cancel pending reservations, or release confirmed reservations without further notice. Any cancellation or loss of reservations resulting from late or non-payment may result in forfeiture of deposits or previously paid amounts in accordance with Supplier policies. The Company shall not be responsible for any losses, penalties, price increases, or availability changes resulting from the Client’s failure to make timely payment.
Refund eligibility, if any, is governed by Supplier policies.
The Company may from time to time assist the Client in communicating with Suppliers regarding cancellation or refund requests but does not guarantee refund outcomes.
The Client authorizes the Company to process payment for confirmed travel arrangements.
The Client agrees not to initiate credit card disputes or chargebacks for properly authorized and confirmed services.
If the Client initiates an improper chargeback, the Client agrees to reimburse the Company for the disputed amount, chargeback fees, administrative expenses, and reasonable attorneys’ fees incurred.
The Company shall not be liable for delay, cancellation, modification, or inability to perform caused by events beyond its reasonable control, including governmental actions, border closures, airline cancellations, labor disputes, natural disasters, terrorism, pandemics, or civil unrest.
The Company shall have no obligation to provide compensation for events falling within this section.
To the fullest extent permitted by Texas law, the Company’s total aggregate liability arising out of or relating to this Agreement shall not exceed the professional service fees retained by the Company.
The Company shall not be liable for indirect, incidental, consequential, punitive, exemplary, or special damages, including loss of enjoyment, emotional distress, or lost profits.
The Client acknowledges that claims relating to operational execution of travel services must be brought against the responsible Supplier in the jurisdiction where services are performed.
The Company shall not be required to defend or indemnify claims arising from Supplier operations.
The Client agrees to indemnify, defend, and hold harmless the Company from claims arising out of the Client’s conduct during travel, violation of Supplier policies, improper chargebacks, or breach of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles that would require application of the laws of another jurisdiction.
The Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of the arbitration provisions contained herein.
By checking the box stating “I have read and agree to the Travel Services Agreement” and submitting an inquiry or booking request, the Client confirms review, understanding, and agreement to be legally bound. Checking the acceptance box constitutes the Client’s electronic signature.
The Client consents to the use of electronic records and electronic signatures in connection with this Agreement in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).