Terms & Conditions
CLIENT AGREEMENT FOR TRAVEL SERVICES / TERMS & CONDITIONS
LAST UPDATED SEPTEMBER 11, 2024
This Client Agreement for Travel Services / Terms & Conditions (the “Agreement”) is a legally binding contract required prior to engaging in Travel Planning Services (as defined below) or booking any Travel Products (as defined below) with an Arbiter Travel Co. affiliated Travel Advisor (herein “Arbiter”). The Agreement must be agreed to by all clients, travelers, or customers (herein “Client” or “Clients”) and their designated Arbiter Travel Advisor. This Agreement applies to the Client(s) and all members of the Client’s traveling party, including minor children for whom the Client agrees to act on behalf.
Arbiter provides professional travel consulting and planning services, and the Client seeks to engage these services. In consideration of the mutual covenants outlined in this Agreement, the Client agrees to the following terms and conditions:
I. TRAVEL PLANNING SERVICES
A. SERVICES: Arbiter shall provide the Client with Travel Planning Services (herein referred to as the “Services”), including, but not limited to: consulting and advising on itinerary design and recommending Travel Products, conducting meetings, telephone calls, research, proposal preparation, revisions, correspondence, responses to Client requests, changes, and questions, executing Travel Product (as defined herein below) bookings, managing confirmations, delivering final details, and all additional work related to the Client’s trips.
B. BUSINESS HOURS: Services will be provided by Arbiter during normal business hours (Monday – Friday, 9 am – 5:pm PST). In the case of after-hours emergencies, every effort will be made to assist the Clients. Voluntary requests received after hours may be subject to additional fees. Please note that these hours may change based on the travel schedule and will be communicated via email. For active travel emergency assistance outside typical business hours, please refer to your travel documents for emergency contact information. For after-hours needs, please copy [email protected], and our team will respond promptly.
C. SERVICE FEES: Arbiter charges hourly for their Services. The Client agrees to the fee structure and hourly rate (herein referred to as the “Service Fees”) provided by Arbiter before the Services commence. Upon completing this agreement, Arbiter may request an initial non-refundable deposit from the Client before commencing any work on the Services. Following the initial Service Fee, Arbiter will invoice the Client for additional hourly Service Fees each month, charged automatically to the Client’s payment method on file. Hourly rates vary among independent Arbiter Travel Co. affiliates and may increase periodically. The Client understands that Arbiter cannot guarantee the total amount of fees incurred for each trip.
i. Penalties & Disputes: Any disputes regarding Service Fees by the Client must be submitted in writing within seven (7) business days of receiving the invoice. By entering into this agreement, the Client waives the right to dispute any Service Fee charges with their credit card or banking institution. Should the Client fail to process payment in a timely manner, Arbiter reserves the right to release Client reservations and cancel the trip. However, the Client shall remain responsible for any outstanding amounts owed to Arbiter. If Service Fees remain unpaid for more than sixty (60) days, the Client is liable for penalty fees at an interest rate of 3.5% for each past due month payable to Arbiter. Refusal to pay on a timely basis may result in legal action, for which the Client hereby agrees to indemnify Arbiter for all costs and expenses incurred, including attorney fees.
ii. Additional Fees: Arbiter reserves the right to increase hourly Service Fees by up to 100% for excessive voluntary work (more than two consecutive hours) requested after hours, on weekends, and on holidays. Increased hourly Service Fees may also apply to last-minute inquiries (less than 6 weeks before the departure date), as confirmed in writing by Arbiter before commencing Services.
iii. Changes & Cancellations: Clients may make reasonable voluntary changes to their trips, subject to availability at the time of the request and any fare increases or amendment penalties required as a result. The Client is responsible for payment of hourly Service Fees as outlined above for any additional work Arbiter undertakes to facilitate changes. Last-minute changes (less than 14 days before the departure date) are subject to additional fees. Should a Client need to voluntarily cancel a trip after it has been booked, Arbiter may charge a cancellation fee of $500 to the Client. Arbiter will assist with reservation cancellations in accordance with the terms and conditions of individual bookings. The Client is responsible for any cancellation penalties or charges and agrees to compensate Arbiter for additional hours worked to facilitate.
II. THIRD PARTY TRAVEL PRODUCT PROVIDERS
A. ROLE AS AN AGENT: The Client understands that Arbiter is not the actual source or supplier and does not provide, own, or control any of the travel products and services offered to the Client, including but not limited to accommodations, flights, transportation, tours, cruises, charters, ground services, rental cars, or travel insurance (herein referred to as “Travel Products”). These Travel Products are owned, controlled, and provided by third-party suppliers (herein referred to as “Travel Product Providers”). Arbiter acts solely as a sales agent for the Travel Product Providers of these Travel Products.
B. CLIENT RESPONSIBILITIES & LIABILITY: Clients understand that Arbiter acts as an advisor and facilitator, and they are responsible for selecting all Travel Products and Travel Product Providers. Clients agree to adhere to the terms and conditions set by Travel Product Providers, including associated penalties and fees. Clients shall indemnify and hold Arbiter harmless from any related claims, losses, damages, or liabilities (including attorneys’ fees) arising from Arbiter’s recommendations and the goods and services provided by Travel Product Providers. Clients acknowledge that Arbiter is not responsible for the acts or omissions of Travel Product Providers, including schedule adherence, service provision, refunds, financial default, or honoring future trip credits. Clients recognize that their travel plans may be disrupted by Travel Product Providers, government entities, or other third parties beyond Arbiter’s control. Client rights and remedies, including refund eligibility, are governed by the Travel Product Provider’s cancellation, rebooking, and refund policies, subject to applicable laws. Arbiter has no special knowledge regarding the financial condition of Travel Product Providers and assumes no liability for recommending trip credits instead of refunds.
C. PAYMENT & FARE CONSIDERATIONS: Client payments for Travel Products will be directly collected and processed by Travel Product Providers, typically in their local currency. Clients acknowledge that Arbiter acts solely as a facilitator of payment details. By submitting the credit card authorization, Clients authorize Arbiter to sign any necessary forms for payment to approved Travel Product Providers on their behalf. Prices are subject to change due to currency fluctuations, tariff adjustments, or operational cost increases. Travel Product Providers may impose surcharges for different payment methods, such as credit card processing fees or bank transfer fees, which are the responsibility of the Client. Clients should be aware that discounted fares often have restrictions, and making changes to confirmed travel arrangements may result in additional costs. Group tours/packages are contingent on a minimum number of passengers. Falling below this minimum may result in surcharges for all passengers. Clients agree not to initiate unauthorized chargebacks or refund requests and will be responsible for any legal fees incurred by Arbiter in disputing such claims.
D. INDUSTRY PRACTICE FOR PRICING: Client acknowledges that quotes from Travel Product Providers for customized service packages are typically presented as a whole price, and it is standard industry practice for suppliers not to provide itemized cost breakdowns. This practice is due to the fact that Travel Product Providers often have access to exclusive, contracted rates that are confidential and cannot be disclosed. The Client agrees that this is an accepted practice beyond Arbiter’s control and will not request detailed cost breakdowns for such packages after engaging Services.
III. PAYMENT AUTHORIZATION
Clients are required to provide their credit card billing information using the provided PCI-compliant secure authorization form. Unless otherwise specified by the Client, the credit card will remain on file will be used for ticketing/booking Travel Products, as charged by Travel Product Providers, and for Service Fees, as charged by Arbiter. By submitting the credit card authorization, Clients authorize Arbiter to sign any necessary forms for payment to approved Travel Product Providers on their behalf.
IV. FLIGHT DESK & AIRFARE
A. FLIGHT DESK: Arbiter may facilitate the booking of Business / First Class flights for Clients through an Air Travel Product Provider (herein “Flight Desk”). Normal business hours of the Flight Desk are Monday through Friday, 9am – 5pm PST.
B. AIR BOOKING FEES: Clients are responsible for a minimum non-refundable Air Booking Fee of one hundred dollars ($100) per ticket for all tickets booked via Arbiter through the Flight Desk. These fees will be charged to Clients’ credit card by the Flight Desk after bookings have been ticketed and confirmed. Air Booking Fees are subject to increase based on complexity of travel details and will be confirmed in writing by Arbiter before bookings are processed. Any voluntary changes will incur an additional fee of $50 per person for each change after ticketing. Any voluntary changes made outside or normal business hours may incur an additional fee of $75 per person. Air Booking Fees are charged by the Flight Desk and are separate from Arbiter Service Fees.
C. AIRLINE RULES: Clients understand that the airline tickets, air tours or other products they purchase through the Flight Desk are subject to supplemental price increases that may be imposed after the date of purchase. Client understands that discounted fares typically involve restrictions and that modifying any aspect of confirmed air travel arrangements may not be possible, or may result in the payment of additional money. Client shall be liable for all non-payment, chargebacks, and other liabilities pertaining to air travel, and shall not pass on responsibilities to Flight Desk or to Arbiter. Arbiter shall not be liable for ticketing debit memos that are related to ticketing, exchanging, or refund errors. Client is responsible for reviewing itineraries and ticket confirmations for accuracy of dates, names exactly as they appear on your passport or legal identification, flight schedule, and fares. Client is responsible for ensuring passport validity during their travel dates prior to ticketing. Client is responsible for notifying Arbiter of any discrepancies within 12 hours of ticketing to avoid vendor penalties or fare increases. All changes made to the itinerary are restricted as well as subject to airline fare rules. In the event Client makes changes directly with the airline and not with Arbiter or Flight Desk, the Flight Desk will be unable to continue to assist with those tickets as the airline maintains control. No-show bookings are mostly ineligible for any waiver from carriers for a refund or credit. Lost, stolen, or damaged baggage is the responsibility of the carrier and not of Arbiter or the Flight Desk.
D. TSA REQUIREMENTS: Clients acknowledge that the Transportation Security Administration (TSA) requires all passengers to carry a government-issued identification card in order to board a flight, and understand that the name, date of birth, and gender that appears on the identification card must exactly match the same such data that is listed on airline tickets and in booking records, and that failure to strictly comply with these requirements may result in denied boarding, the need to purchase a new ticket, or an undue delay at an airport security checkpoint causing Clients to miss scheduled flight.
V. CLIENT RESPONSIBILITIES
A. COMMUNICATION & APPROVAL: Client agrees to promptly communicate with Arbiter to facilitate a successful working relationship. All Travel Product purchases are subject to Client approval before Arbiter proceeds with ticketing/booking. Client understands that fares and costs quoted by Arbiter are subject to availability and may change until Travel Products are approved by the Client and confirmed with payment.
B. BOOKING INTENTIONS: By entering this agreement, Clients acknowledge their intention to book through or with Arbiter and commit not to book with another agent, online booking engine, or directly with a Travel Product Provider unless the relationship with Arbiter has been terminated in writing. Clients understand that Arbiter cannot book with points or miles and is not engaging in Services with the intention of using Arbiter’s recommendations to book Travel Products with points or miles.
C. TRAVEL INSURANCE: Clients acknowledge that Arbiter strongly recommends the purchase of Travel Insurance. While Arbiter may offer insurance provider recommendations to Clients, purchasing insurance plans in a timely manner is the sole responsibility of the Client. Arbiter cannot advise on specific insurance policy details or complete insurance claims on behalf of the Client. If Clients decline to purchase travel insurance, they understand that Travel Product Providers typically do not offer refunds in the event of trip interruption, cancellation, or dissatisfaction; and agree not to hold Arbiter responsible for lost payments or additional fees resulting from trip cancellation or postponement.
D. TRAVEL DOCUMENTATION & REQUIREMENTS: Clients are responsible for ensuring they possess all necessary travel documentation, passports, and visas. Arbiter recommends that passports be valid for at least 6 months beyond the planned departure date. Clients understand that destination and nationality may require one or more visas, and they accept responsibility for obtaining these. Clients accept responsibility for reviewing, understanding, and complying with all foreign and domestic travel requirements and restrictions prior to departure, including testing, vaccinations, paperwork, and form submissions, both pre- and post-travel. Failure to meet the requirements and/or restrictions may result in fines, quarantine, or deportation at Clients’ expense.
E. CONFIRMATION OF ACCURACY: Clients are responsible for promptly reviewing all travel documents and requirements upon receipt. If any discrepancies or questions arise, Clients must contact Arbiter within 24 hours of booking to address and rectify the issues. This includes, but is not limited to, the confirming the accuracy of final details, such as name spelling, dates of birth, dates, and locations.
F. CHARGEBACKS: Clients accept responsibility for any chargebacks initiated by individuals in the group they represent for travel and agree not to transfer these responsibilities to Arbiter or Travel Product Providers or Flight Desk. In the event that a Client initiates an improper credit card chargeback, Arbiter reserves the right to take legal action against the Client to recover its costs and fees, in addition to the amount claimed in the chargeback.
VI. PRIVACY
A. CONFIDENTIAL INFORMATION & MUTUAL NON-DISCLOSURE: Both Arbiter and the Client may disclose certain confidential and proprietary information to each other during the course of this Agreement. This may include, but is not limited to, business strategies, pricing, client documents, travel tips, and other information that is not publicly available (“Confidential Information”); as well as Client details, private information, payment authorizations, and plans. Both parties agree not to disclose, directly or indirectly, any Confidential Information of the other party to any third party without the prior written consent of the disclosing party. Each party shall use the same degree of care to protect the Confidential Information of the other party as it uses to protect its own confidential information, which shall not be less than a reasonable degree of care.
B. PRIVACY & SECURITY: Arbiter agrees to handle all Client Information with the utmost care and in compliance with applicable data protection and privacy laws. Arbiter shall take reasonable measures to safeguard Client Information from unauthorized access, use, or disclosure. Arbiter shall employ industry-standard security measures to protect the storage and transmission of Client Information. However, Arbiter cannot guarantee the security of data transmitted over the internet and shall not be liable for any breach of data security beyond its control. The Client acknowledges and consents to the collection, use, and storage of their personal information as outlined in this Agreement and Arbiter’s privacy policy.
C. PHOTO RELEASE. Clients agree that Arbiter and Arbiter Travel Co. may use any images and/or video footage provided by Clients or tagged on social media for display, advertising, website, blog and magazine submissions and any other means of promotion of Arbiter Travel Co. Clients waive any right to payment, royalties or any other consideration for the use of the images. Clients waive the right to inspect or approve the finished product, including written or electronic copy, wherein Clients’ likeness appears. Arbiter and Arbiter Travel Co. is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Clients, their heirs, representatives, executors, administrators, or any other persons acting on Arbiter’s behalf or on behalf of the Clients’ estates have or may have by reason of this authorization.
VII. ASSUMPTION OF RISK, DISCLAIMER OF RESPONSIBILITY, & LIMITATION OF LIABILITY
A. ASSUMPTION OF RISK: Travel inherently involves risks, including but not limited to, those associated with transportation, accidents, weather, health, and the behavior of others. Client acknowledges these risks and assumes full responsibility for them as an integral part of their travel experience. Arbiter has no special knowledge of dangers during travel or at destinations. For information on potential destination risks, contact the U.S. State Department’s Travel Warnings Section at 1-888-407-4747 or visit www.travel.state.gov. For medical information, contact the Centers for Disease Control at 1-800-232-4636 or visit www.cdc.gov/travel.
b. DISCLAIMER OF RESPONSIBILITY: Arbiter disclaims responsibility for and shall not be liable for: (i) Acts or omissions of parties not under our control; (ii) Acts of God, unsafe conditions, terrorism, health hazards, illness, weather hazards, or the suitability for disabled individuals at destinations; (iii) Any property damage, loss, inconvenience, injury, or death related to transportation or services provided by third-party Travel Product Providers; (iv) Acts of government, wars, acts of terrorism, pandemics, epidemics, or any cause beyond Arbiter’s control.
C. LIMITATION OF LIABILITY: Client agrees that neither Arbiter nor its affiliates, subsidiaries, or representatives shall be liable for: (i) Property damage, including damage to baggage or personal property; (ii) Loss, delay, inconvenience, injury, or death arising from transportation or services provided by third-party Travel Product Providers; (iii) Claims related to negligence, defaults, delays, cancellations, or acts of any Travel Product Provider; (iv) Acts of God, fire, acts of government, wars, acts of terrorism, civil unrest, pandemics, epidemics, or any cause beyond Arbiter’s control. To the fullest extent permitted by law, Arbiter shall not be liable for punitive or consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues, or replacement costs. Clients also waive the right to seek relief from individuals associated with Arbiter.
D. FORCE MAJEURE: Neither party shall be liable for any delay or default in performance due to conditions beyond their control, including acts of God, fires, government restrictions, wars, insurrections, pandemics, and other causes beyond their reasonable control.
E. DISPUTE RESOLUTION: Any dispute or claim arising under or in any way related to this Agreement shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement and other rights and remedies afforded to them by law. Following unsuccessful resolution via mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of disputes within the jurisdiction of the California Small Claims Court (claims of $10,000.00 or less), shall be submitted to binding arbitration. The parties shall select a single arbitrator, and the arbitration shall take place in Los Angeles County, California. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial or other proceeding related to claims and disputes arising out of this Agreement shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys’ fees, and similar costs, will be due to the prevailing party. Client agrees to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. Client agrees that the courts in Los Angeles County, California will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
F. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement. Except as expressly stated in this Agreement, Arbiter has made no representation to Clients with respect to the subject matter of this Agreement, and Arbiter has made no representation that has induced Clients’ execution and delivery of this Agreement.
VIII. TRAVEL CONSUMER RESTITUTION FUND (TCRF) DISCLOSURES
If you reside in California, this transaction is covered by the California Travel Consumer Restitution Fund (TCRF). Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org. California law requires certain sellers of travel to have a trust account. Arbiter has a trust account.
IX. TRAVEL INSURANCE
Arbiter strongly advises Client(s) to obtain comprehensive travel insurance to safeguard both themselves and their trip investment. Various insurance policies are available that cover situations such as trip cancellation, interruption, medical emergencies, and other unforeseen events. It is the Client’s sole responsibility to carefully review and select a policy that meets their needs. By signing this Agreement, the Client agrees that it is their sole responsibility to either purchase or decline travel insurance and that Arbiter shall not be held liable for any losses or additional costs resulting from the Client’s failure to obtain insurance.
A. CLIENT RESPONSIBILITY: While Arbiter may assist the Client in obtaining insurance quotes, any specific questions regarding policy coverage — such as those relating to pre-existing medical conditions, supplier financial default, or emergency medical evacuation — must be addressed directly with the insurance provider. Arbiter is not liable for the financial stability of suppliers outside of its preferred network. Arbiter cannot advise on specific details of insurance policies, nor complete insurance claims on behalf of the Client.
B. COVERAGE LIMITATIONS: The Client should be aware that coverage for pre-existing conditions (including pregnancy) and supplier financial default varies by policy and may require purchasing insurance within a specified period after booking, often immediately following the initial deposit. Some policies may also offer additional options, such as “Cancel for Any Reason” (CFAR) coverage, which typically has specific purchase deadlines within 14 – 21 days of initial deposit. Clients interested in such options should contact Arbiter promptly after booking. Standard policies may provide limited coverage for medical evacuation, and Arbiter recommends that Clients consider additional medical evacuation coverage if needed.
C. ENTRY REQUIREMENTS: Certain countries require travelers to provide proof of valid medical insurance upon entry. The Client is responsible for ensuring compliance with such regulations. Arbiter is not liable for denied entry or any related costs arising from failure to obtain appropriate travel insurance.
D. ARBITER’S RIGHT TO SECURE POST-DEPARTURE POLICY: If the Client has not provided Arbiter with proof of a purchased comprehensive insurance policy within 30 days prior to departure, Arbiter reserves the right, at its sole discretion, to purchase a post-departure insurance policy on the Client’s behalf if deemed necessary. The cost of such a policy will be charged to the Client, not exceeding $100 per traveler without written approval from the Client. Arbiter’s decision to purchase this policy does not constitute a waiver of the Client’s responsibility to secure appropriate insurance coverage.
X. INDEPENDENT BUSINESS DISCLOSURE
The designated Travel Advisor named in this Agreement (referred to as “Arbiter” herein) operates as an independently owned and operated business and may be either Arbiter LLC or an independent affiliate of Arbiter LLC operating under the Arbiter Travel Co. brand. Arbiter LLC is an independent affiliate of Coastline Travel Group.
This Agreement is made exclusively between the Client and the independent Arbiter Travel Advisor with whom they are contracting. Neither Coastline Travel Group nor Arbiter LLC hold any liability or responsibility for the services rendered by independent affiliates under this Agreement. All claims, disputes, or matters of liability shall be directed solely to the Travel Advisor (“Arbiter”) named in the Agreement. The Client acknowledges that Arbiter LLC is solely responsible for the actions and services provided by its full-time employees. However, Arbiter LLC holds no liability for the actions or omissions of any independent affiliates/advisors operating under the Arbiter Travel Co. brand.
XI. TERMINATION OF AGREEMENT
Should Clients wish to terminate this agreement for any reason, the Service Fees shall be retained by Arbiter. Clients must notify Arbiter in writing, which includes email, and upon termination of the Agreement, Arbiter shall have no further responsibility with respect to working with and/or communicating with Clients. The Client is responsible for completing payment to Arbiter for all hours worked prior to the date of termination.
XII. ACKNOWLEDGEMENT OF TERMS
By agreeing to these Terms & Conditions, the Client acknowledges that this Agreement constitutes a legally binding contract, including a release, waiver of liability, and assumption of risk for all participants or travelers the Client represents. The Client further acknowledges that this Agreement serves as a release of liability and a contract between the Client(s), their traveling party, and their designated Arbiter Travel Co. Advisor and/or Arbiter LLC.