Agreement and General Terms and Conditions
- Acceptance of Terms: By making a payment to Paradise Travels and Tours, Inc. (“Paradise”) or participating in any event (a “Trip”), you agree to these Travel Terms and Conditions, together with any additional documentation provided by Paradise and any additional terms and conditions of any supplier (“Suppliers”) applicable to your travel arrangements (all together “Agreement”). The lead traveler is responsible for sharing this Agreement with all travelers who they make a booking for, make payment for, or for whom they share the travel documents with. Paradise is not responsible for any traveler’s lack of awareness of this Agreement due to the lead traveler’s failure to share it.
- Agency Role and Independent Contractors: In arranging restaurants, transportation (including air), hotels, motels, other accommodations, and related services, Paradise and its agents, employees, officers, directors, and affiliates act solely as an agent for the traveler(s). All such providers are independent contractors. Paradise assumes no liability for any accident, death, personal injury, illness, property damage, delay, or other loss or expense of any nature (“Damages”) arising directly or indirectly from any act of God or any actions, omissions, or defaults of any such providers.
- Limitation of Liability: By participating in a Trip, you agree that Paradise is not liable for any accident, death, personal injury, illness, property damage, delay, inconvenience, irregularity, or other loss or expense of any nature (“Damages”) or any issues related to restaurants, carriers (including airlines), motels, hotels, or other providers resulting from occurrences beyond our control, including but not limited to acts of God, casualties, vehicle defects, natural disasters, labor disputes, theft, equipment breakdowns, itinerary changes or cancellations, delayed departures or arrivals, missed connections, quarantines, pilferage, weather, government restraints, hijackings, mechanical failures, terrorist acts, or negligence of any provider. Paradise’s liability is limited to any Damages arising from our gross negligence or willful misconduct.
- No Control Over Suppliers: Paradise acts only as a sales agent for products and services provided by Suppliers named in your itinerary (e.g., airlines, hotels, car rentals, tour operators, cruise lines, motorcoach companies). Paradise is not responsible for Suppliers’ acts or omissions or their failure to provide services or adhere to schedules.
- Supplier Operations and Assumption of Risk: Paradise does not own or operate entities providing goods or services for Trips and do not control their personnel, equipment, or operations. Accordingly, Paradise is not liable for Damages by: (1) wrongful, negligent, willful, or unauthorized acts or omissions of Suppliers or their employees/agents; (2) defects or failures of vehicles, equipment, or instruments of any Supplier; or (3) wrongful, willful, or negligent acts or omissions of any party not under our supervision or control. Paradise accepts no liability for losses, injuries, damages, or expenses due to sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws, or similar causes. Paradise is not responsible for baggage or personal effects; travelers are responsible for purchasing travel insurance to cover loss of luggage or personal effects, if desired.
- Price Increase: Travel arrangements are subject to Supplier’s supplemental price increases that may be imposed by the supplier and/or any foreign government, even after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms.
- Credit Card Purchases: Paradise role in credit card transactions is that of a third party. Paradise only uses any credit card transactions to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse is against the Suppliers, and you agree not to initiate a chargeback against Paradise.
- Force Majeure: Paradise assumes no liability for any Damages, delay, or cancellation resulting in whole or in part from force majeure, including without limitation: fire, volcanic eruption, environmental contamination, inclement weather, earthquake, water level issues, flood, utility failures, tropical storms or hurricanes, riots, civil disturbances, sabotage, arrests, strikes or labor disruptions, restraints of rulers or peoples, expropriations, terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics or pandemics, government seizures, refusal, cancellation, suspension, delay of licenses or permits, damage to facilities, or other unforeseen circumstances that negatively impact Paradise’s ability to perform the Trip. If these conditions apply, Paradise’s performance is excused to the extent impacted, without liability, including any obligation to refund.
- Impossibility/Illegality; Itinerary Changes: If performance by a Supplier or by Paradise is impossible or illegal due to reasons beyond reasonable control (including strikes, labor disputes, governmental actions, civil disorder, disasters, terrorism, war, acts of God, fires, floods, or other emergencies), such nonperformance is excused. You agree to accept reasonable alternatives to the planned itinerary.
- No Special Knowledge/Travel Advisories: Paradise has no special knowledge of Suppliers’ financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes at your destinations. For government advisories and medical information, consult official resources.
Airline Reservations
- Supplemental Price Increases and Payment Authorization: Travel arrangements involving airline or cruise components may be subject to supplemental price increases imposed by Suppliers and/or government after purchase. You consent to such increases and authorize your credit/debit card for those charges. If cards are not accepted, you consent to pay by other means. Failure to pay will result in trip cancellation without refund. Supplier contracts may impose cancellation penalties and other terms that bind you whether or not you receive direct notice.
- Agency Status; Carrier Responsibility: Airline reservations may be purchased through our Suppliers for U.S.-originating travel. When arranging air transportation, Paradise acts only as your agent; air carriers are independent contractors. Paradise is not liable for any accident, death, personal injury, illness, property damage, delay, or other loss arising from acts of God or actions/omissions (including failure to provide services) or defaults of any carrier. Your airline ticket is a contract between you and the airline. Paradise is not responsible for seat assignments, name changes, schedule/flight changes, missed connections, cancellations, refund or reimbursement claims, or any other loss or expense (including those related to carrier insolvency or reorganization). Air services must be purchased through Paradise. Electronic ticket numbers will be emailed. If you cancel or change flights before or after departure, all airline cancellation and change fees apply. You are responsible for confirming departures 24 hours in advance and monitoring carrier changes.
Travel Documents
- Traveler Responsibility: You are solely responsible for verifying and obtaining all required passports, visas, vaccinations, and other entry requirements for your destinations and any connecting points, as well as informing yourself about health, safety, security, political stability, and labor or civil unrest. Many countries require passports to be valid for at least six months beyond your return date. Failure to have required documents will likely prevent departure or entry; no refunds will be provided.
Health and Safety
- Assumption of Risk: You participate in Trip activities at your own risk. Activities such as climbing, hiking, extensive walking, general touring, and use of various transportation or recreational vehicles may involve greater risk of injury or death than typical daily activities. You assume all risks associated with such activities. Paradise is not qualified to evaluate your fitness; you (or your physician) must determine your suitability for any tour or activity. Paradise assumes no liability for Damages resulting from your participation in any activity during the Trip.
- Waivers: You may be required to sign waivers on or before departure. Failure to sign required waivers may prevent you from participating in the Trip or certain activities.
- Contagious Illness: If you become ill while traveling and it is confirmed that you are contagious or are prohibited from continuing with the trip, you will be required to depart the tour at your own expense.
- Travel Insurance Recommendation: For your protection, Paradise strongly recommends purchasing trip cancellation and travel accident insurance. Unless you purchase a “cancel-for-any-reason” policy, most policies include exclusions for war or acts of war, epidemics and pandemics, particularly when travel warnings are in place. No statements by Paradise’s staff constitute a binding assurance about insurance coverage. You agree to hold us harmless for your decision not to purchase insurance or for any denial of a claim by the insurer.
Travelers Needing Special Assistance
- Accommodation Limitations: Paradise’s personal cannot assist with individual physical, medical or personal needs. Paradise cannot provide special assistance with walking, wheelchairs, dining, or other personal needs. Travelers requiring such assistance must be accompanied by an able companion. If any physical or mental condition limits your ability to meet the Trip’s physical requirements or adversely affects the group’s enjoyment or pace, Paradise may, in our sole discretion, prohibit you from joining or continuing a Trip. No refund will be provided in such circumstances. Paradise may require a doctor’s certificate of fitness to travel. Some itineraries cannot accommodate wheelchairs, and due to space constraints, motorized scooters may not be accommodated on every Trip. Advance notification is required if special accommodations are necessary.
- Consult your physician for pre-departure health advice.
Payments
- Payment Methods: Payments must be made by credit or debit card, unless otherwise agreed to.
- Planning Fee: For individual trips, not planned by Paradise, Paradis reserves the right to charge a planning fee.
Cancelation and Refund Policy
Motorcoach Tours: A refund, minus $50.00, of the fee to be paid to Paradise Travel will be given on motorcoach tours when cancelation is received outside of 45 days of the scheduled trip, unless otherwise specified. Nevertheless, if a deposit has been made to a supplier, any refund from the supplier is subject to the supplier’s terms and conditions. No refund will be made for cancelations made within 45 days of the scheduled trip.
Fly Tours, Rail Tours, International Tours, and Cruises: Each supplier has its own cancelation policies. You agree to the cancelation policies of each supplier and agree that Paradise has no involvement in these policies.
Refunds will be made by the method paid and to the person who made the payment. Nevertheless, payments made by check, money order, cash or electronically will be refunded by check.
Controlling Law and Jurisdiction
- Forum, Governing Law, and Damages: All legal claims, actions, and proceedings against Paradisearising under, in connection with, or related to a Trip or this Agreement may only be brought within Wake County, North Carolina, USA, except that Paradise may elect, in its sole discretion, to litigate in the county or state where the guest is located. All such matters will be governed by and decided under North Carolina law. Paradise is not liable for any Damages other than compensatory damages, and you waive any right to punitive damages. You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action. No claims will be considered, and you will not bring suit, unless you first provide written notice of claim to Paradise within 30 days after the Trip or its cancellation.
Changes to the Terms and Conditions
- Modification and Notice: Paradise may change these Terms and Conditions from time to time, effective immediately upon posting. If material changes are made, we will provide notice. Your continued use of our services after notice constitutes acceptance of the changes. You agree to be bound by the Terms and Conditions in effect at the time of travel or cancellation.
- Release: You hereby release Paradise from all claims arising out of any matter covered by these Terms and Conditions.
